{
  "url": "https://openlegislation.uk/draft-local-authorities-conduct-of-referendums-england-regulations-2001/schedule-3",
  "json_url": "https://openlegislation.uk/draft-local-authorities-conduct-of-referendums-england-regulations-2001/schedule-3.json",
  "legislation": "ukdsi/2001/0110288637",
  "legislation_title": "The Local Authorities (Conduct of Referendums) (England) Regulations 2001",
  "legislation_url": "https://openlegislation.uk/draft-local-authorities-conduct-of-referendums-england-regulations-2001",
  "path": "schedule/3",
  "kind": "schedule",
  "number": "3",
  "heading": "APPLICATION, WITH MODIFICATIONS, OF ACTS AND STATUTORY INSTRUMENTS",
  "text": "TABLE 1\nREPRESENTATION OF THE PEOPLE ACT 2000\n(1)\n(2)\nProvision\nModification\nSection 12 (changes relating to absent voting at elections in Great Britain)\nIn subsection (1), at the end insert “; and as regards referendums under the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.\nSchedule 4 (absent voting in Great Britain)\nIn paragraph 1, in sub-paragraph (1)—\n(a) in the definition of “the appropriate rules”, at the end of paragraph (b), insert “and (c) in the case of a referendum, the LGA Referendum Rules, within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2001”;\n(b) after the definition of “local government election”, insert the following definition—\n““referendum” means a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2001” .\nIn paragraphs 2 to 7, except in paragraphs 3(4)(a)(i), 6(7), 7(4)(a) and 7(6)(a)(i), after “local government election”, “local government elections”, “elections” and “election”, insert, as the context requires, “or a referendum”, “or referendums”, or “or the referendum”.\nIn paragraphs 3(4)(a)(i) and 7(6)(a)(i), after “or both,”, insert “or referendums”.\nIn paragraphs 6(7) and 7(4)(a), after “or at both,”, insert “or at referendums”.\nTABLE 2\nREPRESENTATION OF THE PEOPLE ACT 1983\n(1)\n(2)\nProvision\nModification (if any)\nSection 13B (alteration of registers: pending elections)\nAfter “election”, in each place, insert “or referendum”.\nIn subsection (1), for “the final nomination day”, substitute “the nineteenth day before the date of the poll at the referendum”.\nAfter subsection (4), insert “(4A) This section also applies to referendums.”\nSection 31(1) and (3) (polling districts and stations at local government elections)\nIn subsection (1)—\n(a) for “elections of county councillors” substitute “referendums by or in respect of a county”; and\n(b) for “elections of London borough or district councillors”, substitute “referendums held under those Regulations by or in respect of a London borough or a district”.\nIn subsection (3), for “local government elections” substitute “referendums”.\nOmit “mentioned in subsections (1) to (3) above”.\nSection 35(4) (appointments by returning officers)\nFor “subsections (1) to (3)”, substitute “subsection (1) or (3)”.\nSection 36(4) and (6) (returning officer’s expenditure at local election)\nIn subsection (4), for the words from “by a returning officer” to “London borough)” substitute “by the counting officer for a voting area in relation to the holding of a referendum”.\nIn subsection (6), for the words from the beginning to “councillor, the council”, substitute “Before a poll is taken at such a referendum as is referred to in subsection (4), the authority”.\nRegulation 8(1)(b) shall not apply in relation to the first reference in subsection (6) to the returning officer.\nSection 47 (loan of equipment for local elections)\nIn subsection (1), for “the returning officer at a local government election”, substitute “the counting officer at a referendum”.\nIn subsection (2)—\n(a) omit the words from “, or”, at the end of paragraph (a), to “as the case may be,”;\n(b) for “an election held under those Acts” substitute “a referendum held under the Referendums Regulations”.\nSection 49(4) and (5) (effect of registers)\nIn subsection (4), omit “parliamentary or”.\nIn subsection (5), omit “parliamentary or” and “prevent the rejection of the vote on a scrutiny or”.\nSection 60 (personation)\nOmit “parliamentary or”.\nSection 61 (other voting offences)\nIn subsection (1), after “local government election” and “local government elections”, in each place, insert “or referendum” and “or referendums”, respectively.\nFor subsections (2) to (4) substitute—\n“(2) A person shall be guilty of an offence if—\n(a) he votes on his own behalf otherwise than by proxy—\n(i) more than once in the same voting area;\n(ii) in more than one voting area; or\n(iii) in any voting area where there is in force an appointment of a person to vote as his proxy in the referendum in another voting area, or\n(b) he votes on his own behalf in person and is entitled to vote by post, or\n(c) he votes on his own behalf in person knowing that a person appointed to vote as his proxy has already voted in person or is entitled to vote by post, or\n(d) he applies for a person to be appointed as his proxy to vote for him without applying for the cancellation of a previous appointment of a third person then in force or without withdrawing a pending application for such an appointment.\n(3) A person shall be guilty of an offence if—\n(a) he votes as proxy for the same person either—\n(i) more than once in the same voting area, or\n(ii) in more than one voting area, or\n(b) he votes in person as proxy for a person and is entitled to vote by post as proxy for that person, or\n(c) he votes in person as proxy for someone whom he knows already to have voted in person.\n(4) A person shall also be guilty of an offence if he votes as proxy in any voting area for more than two persons of whom he is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.”.\nIn subsection (7), omit paragraph (b) and the word “and” immediately preceding it.\nSection 65 (tampering with papers)\nIn subsection (1)—\n(a) after “election”, in the first place where it appears, insert “or referendum”; and\n(b) omit paragraph (a).\nIn subsection (3), for “clerk”, substitute “person”.\nSection 66 (requirement of secrecy)\nFor subsection (1)(b) substitute—\n“(b) every polling observer, so attending,”.\nSection 66A (prohibition on publication of exit polls)\nIn subsection (2)—\n(a) in paragraph (b), after “Wales” insert “; and”; and\n(b) after paragraph (b) insert “(c) any referendum.”.\nIn subsection (4), omit the words after the definition of “publish”.\nSection 92 (broadcasting from outside the United Kingdom)\nIn subsection (1), after “local government election” insert “or referendum”.\nSection 94 (imitation of poll cards)\nIn subsection (2), after “section 42 above” insert “or to any referendum in relation to which any rules under section 36, as applied for the purposes of that referendum,”.\nSection 96 (schools and rooms for local election meetings)\nFor subsection (1) substitute—\n“(1) Subject to the provisions of this section, any person is entitled, for the purpose of holding a public meeting to promote a particular result in the referendum, to use free of charge at reasonable times during the campaign period any meeting room to which this section applies.\n(1A) In subsection (1), “the campaign period” means the period of 25 days ending with the day before the date of the referendum.”.\nOmit subsection (2).\nIn subsection (3)—\n(a) for “electoral area for which the candidate is standing or in a parish or community, as the case may be, in part comprised in that electoral area”, substitute “voting area”; and\n(b) omit paragraph (b).\nIn subsection (4)—\n(a) omit the words “and paragraph 1(1) of Schedule 5 to this Act”;\n(b) after the words “that section” insert “subject to the substitution in subsection (5) of that section, for the word “candidate” of the word “person””; and\n(c) omit the words from “and any person” to the end.\nAfter subsection (4) insert—\n“(5) The lists maintained by a county council, district council or London borough council of meeting rooms which candidates at a parliamentary election in any constituency are entitled to use shall have effect for the purposes of the referendum; and any person shall, before the referendum, be entitled at all reasonable hours to inspect those lists or a copy of them.”.\nSection 97 (disturbances at election meetings)\nFor subsection (2), substitute—\n“(2) This section applies to a meeting in connection with a referendum held during the campaign period.\n(2A) In subsection (2), “the campaign period” means the period of 25 days ending with the day before the date of the referendum.”.\nSection 100(1) and (2) (illegal canvassing by police offiers)\nIn subsection (1), for the words from “from giving his vote” to the end, substitute “from giving his vote in the referendum in a voting area wholly or partly within the police area”.\nSection 109 (payments for exhibition of election notices)\nSection 110 (printer’s name and address on election publications)\nOmit subsection (12).\nSection 111 (prohibition of paid canvassers)\nSection 112 (providing money for illegal purposes)\nSections 113 to 115 (bribery, treating and undue influence)\nSection 116 (rights of creditors)\nOmit paragraphs (b) and (c).\nSection 118 (interpretation of Part II), the definitions of “money”, “pecuniary reward” and “payment”\nSection 119 (computation of time for purposes of Part II)\nIn subsection (1), in paragraph (b), after “disregarded”, insert\n“; and\n(c) in computing any period referred to in section 96(1A) or 97(2A), as applied for the purposes of a referendum, any of the days so mentioned shall be disregarded”.”.\nSection 167 (application for relief)\nSections 168 to 170 (prosecutions for corrupt and illegal practices)\nSubsections (1)(a)(i), (2) and (3) of section 173 (incapacities on conviction of corrupt or illegal practice)\nIn subsection (1)(a)(i), after “Great Britain”, insert “or at any referendum”.\nSection 174 (mitigation and remission etc.)\nSection 175 (illegal payments etc.)\nOmit subsection (2).\nSection 176 (time limit for prosecutions)\nSection 177 (summary trial)\nFor “the local government Act”, substitute “the Referendums Regulations”.\nIn paragraph (a), for “in the county in which the local government area for which the election was held is situated or which it adjoins” substitute “for the voting area in which, the offence is alleged to have been committed”.\nSection 178 (prosecution of offences committed outside the United Kingdom)\nSection 179 (offences by associations)\nSection 181(1) (Director of Public Prosecutions)\nIn section 185 (interpretation of Part III), the definitions of “judicial office”, “money” and “pecuniary reward”, “payment” and “public office”\nSection 200(1) and (2) (public notices, and declarations)\nSection 202 (interpretation), the definitions in subsection (1) of “the absent voters' list”, “citizen of the Union” and “relevant citizen of the Union”, “elector”, “legal incapacity”, “the list of proxies”, “person” and “voter” and subsection (2)\nIn the definition of “voter”, after “42 above”, insert “and such of those rules as are applied, in relation to a referendum, by any provision of the Referendums Regulations”.\nSection 203(1) (local government provisions as to England and Wales)\nIn subsection (1), insert at the end—\n““the Referendums Regulations” means the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.\nTABLE 3\nTHE LOCAL ELECTIONS (PRINCIPAL AREAS) RULES 1986: SCHEDULE 2\n(1)\n(2)\nProvision\nModification (if any)\nRule 1 (timetable)\nOmit the words from “Delivery” in the first place where that word appears to “day of election” in the fourth place where those words appear.\nOmit the item “Polling”.\nRule 2 (computation of time)\nSee regulation 22.\nRule 3 (notice of election)\nFor paragraph (1), substitute “(1) The counting officer shall publish notice of the referendum, stating the date of the poll.”\nRule 13 (poll to be taken by ballot)\nOmit the words from “, the result” to the end.\nRule 15 (the official mark)\nFor paragraph (2) substitute—\n“(2) The official mark shall be kept secret”.\nIn paragraph (3) omit “at the same election”.\nRule 16 (prohibition of disclosure of vote)\nRule 17 (use of schools and public rooms)\nRule 18 (notice of poll)\nIn paragraph (1), for sub-paragraphs (b) to (d), substitute—\n“and\n(b) the question to be asked in the referendum.”.\nFor paragraph (2) substitute—\n“(2) The notice of poll shall be published not later than the sixth day before the date of the referendum.”\n.\nIn paragraph (3), omit the words from “and he shall” to the end.\nRule 19 (postal ballot papers)\nRule 20 (provision of polling stations)\nIn paragraph (3), omit “unless that place is outside the electoral area”.\nRule 21 (appointment of presiding officers and clerks)\nIn paragraph (1), omit the words from “but he shall not appoint” to the end.\nRule 22(1) to (4) (issue of official poll cards)\nFor paragraph (3)(a) substitute—\n“(a) the name of the council and of the voting area;”.\nRule 23 (equipment of polling stations)\nFor paragraph (5) substitute—\n“(5) In every compartment of every polling station there shall be exhibited the following notice—\n[INSERT NAME OF COUNCIL]\nREFERENDUM\nMark one box only. Put no other mark on the ballot paper or your vote may not be counted.”.\nIn paragraph (8), for “particulars of the candidate”, substitute “the answer”.\nIn paragraph (9)—\n(a) for “numbered” and “number of”, substitute “worded” and “word on”, respectively; and\n(b) for “the candidate whose particulars are”, substitute “the answer which is”.\nIn paragraph (10), for “Each number on the”, substitute “The word on each”.\nRule 24 (appointment of polling and counting agents)\nOmit paragraphs (1) to (3).\nIn paragraph (4)—\n(a) for “counting agents”, “counting agent” and “agent”, substitute “counting observers”, “counting observer” and “observer”, respectively;\n(b) for “candidate” and “candidates”, substitute “petition organiser” and “petition organisers”, respectively; and\n(c) for “appointed for” and “appointed”, substitute “nominated by” and “nominated”, respectively.\nOmit paragraph (5).\nFor paragraph (6) substitute—\n“(6) If a counting observer dies, or becomes incapable of acting, the counting officer may appoint another counting observer in his place.”.\nOmit paragraph (7).\nIn paragraph (8)—\n(a) omit “polling agents and”;\n(b) for “counting agents” and “agents”, substitute “counting observers”; and\n(c) in sub-paragraph (a), omit “and notified”.\nIn paragraph (9)—\n(a) for “a counting agent by the returning officer”, substitute “a counting observer by the counting officer”; and\n(b) for “the notice of appointment”, substitute “the nomination under regulation 13(2) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.\nIn paragraph (10)—\n(a) for “candidate” substitute “petition organiser”;\n(b) for “polling or counting agent” substitute “counting observer”; and\n(c) for “agent” substitute “counting observer”.\nOmit paragraph (11).\nIn paragraph (12)—\n(a) for “these rules” substitute “the LGA Referendum Rules”;\n(b) for “polling or counting agents” substitute “counting observers”; and\n(c) for “agents or agents” substitute “such observer or observers”.\nRule 25 (notification of requirement of secrecy)\nRule 26(1), (3) and (4) (admission to polling station)\nIn paragraph (1)—\n(a) omit sub-paragraph (a);\n(b) in sub-paragraph (b), for “the polling agents”, substitute “the polling observers”;\n(c) at the end of sub-paragraph (d), omit “and”; and\n(d) at the end of sub-paragraph (e) insert—\n“(f) the elected mayor, if any, of the council in respect of which the referendum is held; and\n(g) any petition organiser.”\nRule 27 (keeping of order in station)\nRule 28 (sealing of ballot boxes)\nRule 29 (questions to be put to voters)\nFor paragraphs (1) and (2) substitute—\n“(1) The presiding officer may put to any person applying for a ballot paper at the time of his application, but not afterwards, one or both of the relevant questions.\n(2) In the case of a person applying to vote on his own behalf, the relevant questions are—\n(a) “Are you the person registered in the register of local government electors for this voting area as follows?” (read the whole entry from the register.)\n(b) “Have you already voted, here or elsewhere, in this referendum, otherwise than as proxy for some other person?”.\n(2A) In the case of a person applying as proxy, the relevant questions are—\n(a) “Are you the person whose name appears as A.B. in the list of proxies for this referendum as entitled to vote as proxy on behalf of C.D.?”\n(b) “Have you already voted, here or elsewhere, at this referendum as proxy on behalf of C.D.?”.\n(2B) In the case of a person applying as proxy, the presiding officer may put the following additional question—\n“Are you the husband [wife], parent, grandparent, brother [sister], child or grandchild of C.D.?”\nand, if that question is not answered in the affirmative, the following question—\n“Have you already voted at this referendum on behalf of two persons of whom you are not the husband [wife], parent, grandparent, brother [sister], child or grandchild?”.”\nRule 30 (challenge of voters)\nIn paragraph (1), for “a candidate or his election or polling agent”, substitute “any petition organiser or polling observer permitted to be present in accordance with rule 26, as modified”.\nRule 31 (voting procedure)\nRule 32 (votes marked by presiding officer)\nIn paragraph (1), for “polling agents”, substitute “polling observers (if any)”.\nRule 33 (voting by persons with disabililties)\nRule 34 (tendered ballot papers)\nRule 35 (spoilt ballot papers)\nRule 36 (adjournment of poll in case of riot)\nRule 37 (procedure on close of poll)\nIn paragraph (1), for “polling agents” (in both places) substitute “polling observers (if any)”.\nRule 39 (the count)\nIn paragraph (1)(a), for “counting agents” substitute “counting observers”.\nIn paragraph (1)(b), for “election agents” substitute “counting observers”,\nIn paragraph (6), for “election agent” substitute “counting observer present at the verification”.\nIn paragraph (7), omit “so far as he and the agents agree” and from “For the purposes” to the end.\nIn paragraph (8), omit the words from “–a place” to “(b) otherwise”.\nRule 40 (re-count)\nIn paragraph (1), for “candidate or his election agent”, substitute “petition organiser”.\nIn paragraph (2), for “the candidates and election agents”, substitute “such petition organisers as are”.\nRule 41(1), (3) to (5) (rejected ballot papers)\nIn paragraph (1)—\n(a) for sub-paragraph (b), substitute “(b) on which votes are given for more than one answer,”; and\n(b) for “paragraphs (2) and (3)”, substitute “paragraph (3)”.\nIn paragraph (4)—\n(a) omit sub-paragraph (b); and\n(b) for “counting agent”, substitute “counting observer”.\nIn paragraph (5)—\n(a) omit “including those rejected in part,”;\n(b) for sub-paragraph (b), substitute—\n“(b) voting for more than one answer;” and\n(c) omit the words from “and the statement” to the end.\nRule 42 (decisions on ballot papers)\nRule 43 (equality of votes)\nFor the words from “an equality” to the end, substitute—\n“an equality of YES and NO votes is found, the counting officer shall forthwith decide the referendum by lot.”.\nRule 44 (declaration of result)\nSubstitute—\n“The counting officer shall forthwith—\n(a) declare the result of the referendum;\n(b) inform the proper officer of the authority by or in respect of which the referendum was held of the result of the referendum; and\n(c) give public notice of—\n(i) the result of the referendum,\n(ii) the number of ballot papers counted,\n(iii) the total number of votes cast for each answer, and\n(iv) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.”.\nRule 45 (sealing up of ballot papers)\nIn paragraph (1), omit “contested” and “, including ballot papers rejected in part”.\nRule 46 (delivery of documents)\nFor “the returning officer”, substitute “the counting officer”.\nFor the words from “the date of the election” to the end, substitute “and the name of the voting area”.\nRule 47 (orders for production of documents)\nIn paragraph (1), omit “, including ballot papers rejected in part”.\nRule 48 (retention and public inspection of documents)\nThe Appendix of Forms: Form of declaration of identity\nOn the front of the form, for “REPRESENTATION OF THE PEOPLE ACTS” substitute—\n“[INSERT NAME OF COUNCIL] REFERENDUM”.\nOn the back of the form—\n(a) in paragraph 2, for “[(Vote for no more than …candidates.) (Vote for one candidate only.)]”, substitute “Vote for one answer only.”;\n(b) in paragraph 5, for “the same election” substitute “the referendum”; and\n(c) in paragraph 6, for “election” substitute “referendum”.\nElector’s official poll card\nOn the front of the card—\n(a) for “REPRESENTATION OF THE PEOPLE ACTS” substitute—\n“[INSERT NAME OF COUNCIL] REFERENDUM”; and\n(b) for “Electoral division/ward” substitute “Voting area”.\nOn the back of the card—\n(a) for the heading substitute—\n“[INSERT NAME OF COUNCIL] REFERENDUM”;\n(b) in the third paragraph—\n(i) for “the name(s) of the candidate(s)”, substitute “the answer”; and\n(ii) at the end insert “Put no other mark on the ballot paper, or your vote may not be counted.”;\n(c) omit the fifth paragraph; and\n(d) in the seventh and final paragraphs, for “this election” substitute “the referendum”.\nProxy’s official poll card\nOn the front of the card—\n(a) for “REPRESENTATION OF THE PEOPLE ACTS” substitute—\n“[INSERT NAME OF COUNCIL] REFERENDUM”;\nand\n(b) for “LOCAL GOVERNMENT ELECTION”, “[… Council]” and “… Electoral division/ward” substitute “[insert name of voting area]”.\nOn the back of the card, in the penultimate and final paragraphs, for “this election”, substitute “the referendum”.\nForm of directions for guidance of the voters in voting\nIn paragraph 2—\n(a) for “the name(s) of the candidate(s)”, substitute “the answer”; and\n(b) at the end, insert “Put no other mark on the ballot paper, or your vote may not be counted.”.\nOmit paragraph 4 and renumber paragraph 5.\nForm of certificate of employment\nFor “REPRESENTATION OF THE PEOPLE ACTS” and “ELECTION IN THE” substitute—\n“[INSERT NAME OF COUNCIL] REFERENDUM”.\nand for “… ELECTORAL DIVISION/WARD of …” substitute “[insert name of voting area] …”.\nFor “electoral area” in each place substitute “voting area”.\nFor “election” in each place substitute “referendum”.\nForm of declaration to be made by the companion of a voter with disabilities\nFor “election now being held in this electoral area” substitute “referendum now being held in this voting area”.\nFor “the said election” in each case substitute “that referendum”.\nFor “for the … Electoral division/ward of …”, substitute “in the … [insert name of voting area]”.\nTABLE 4\nTHE REPRESENTATION OF THE PEOPLE (ENGLAND AND WALES) REGULATIONS 2001\n(1)\n(2)\nProvision and, if of limited application, relevant circumstances\nModification (if any)\nIn paragraph (1) of regulation 3 (interpretation), the definitions of “1983 Act”, “1985 Act”, “2000 Act”, “available for inspection”, “register” and “registration officer”.\nParagraph (2) of regulation 3\nAt the end of sub-paragraph (b), insert\n“, or\n(c) in the case of a referendum, such of those rules made under section 36 of the 1983 Act as are applied (with or without modification) by the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.\nParagraphs (3) and (4) of regulation 3.\nSub-paragraph (b) of paragraph (1) of regulation 4 (forms) and, to the extent of Form E in Schedule 3, paragraph (2) of that regulation.\nRegulation 5 (communication of applications, notices, etc.)\nRegulation 6 (electronic signatures and related certificates)\nRegulation 7 (copies of documents)\nRegulation 8 (time)\nRegulation 11 (interference with notices)\nRegulation 50 (interpretation of Part IV)\nRegulation 51 (general requirements for applications for an absent vote)\nIn paragraph (4), in sub-paragraph (b)—\n(a) after “for” insert “all or any of”;\n(b) after “elections” insert “and referendums, identifying those in respect of which it is made”; and\n(c) omit “or both”.\nIn paragraph (5)—\n(a) after “election”, in each place, insert “or referendum”; and\n(b) omit “elections”.\nRegulation 52 (additional requirements for applications for the appointment of a proxy)\nRegulation 55 (additional requirements for applications for a proxy vote in respect of a particular election)\nRegulation 56 (closing dates for applications)\nIn paragraphs (1) to (5), after “election”, in each place, insert “or referendum”.\nIn paragraph (7)(b), after “election” insert “or referendum”.\nRegulation 57 (grant or refusal of applications)\nOmit paragraph (6).\nRegulation 58 (notice of appeal)\nRegulation 59 (cancellation of proxy appointment)\nRegulation 61 (records and lists kept under Schedule 4)\nOmit paragraph (1).\nIn paragraph (3), omit sub-paragraph (b) and the word “and” immediately preceding it.\nRegulation 62 (marked register for polling stations)\nRegulation 64 (interpretation of Part V) other than the definition of “agent”\nRegulation 65 (combination of polls), where polls are combined in accordance with regulation 14(1), (7) or (11) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001.\nAfter “polls at elections” insert “or polls at an election and a referendum”;\nAfter “each election” insert “or, as the case may be, the election and the referendum”; and\nAfter “returning officers” insert “or, as the case may be, the returning officers and the counting officer at the referendum”.\nRegulation 66 (forms of declaration of identity)\nOmit “in Form G at a parliamentary election taken alone;”.\nRegulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers)\nRegulation 68 (persons entitled to be present at proceedings on the receipt of postal ballot papers)\nFor sub-paragraphs (a) to (d) substitute—\n“(a) the counting officer and his clerks;\n(b) persons who, in accordance with regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, are entitled to attend at the counting of the votes.”\nRegulation 70 (notification of requirement of secrecy)\nRegulation 71 (time when postal ballot papers are to be issued)\nParagraphs (1) to (4) of regulation 72 (procedure on issue of postal ballot papers) and, where polls are combined in accordance with regulation 14(1), (7) or (11) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, paragraphs (5) and (6)\nIn paragraph (5)—\n(a) after “one election”, insert “or referendum, or for an election combined with a referendum”;\n(b) in sub-paragraph (a)—\n(i) after “elections”, insert “or referendums”; and\n(ii) after “election”, insert “or referendum”; and\n(c) in sub-paragraph (b), for “election”, in each place, substitute “election or referendum”.\nIn paragraph (6), for “the poll at one election is taken with the poll at another election”, substitute “polls are taken together”.\nRegulation 73 (refusal to issue postal ballot paper)\nParagraphs (1) to (3) of regulation 74 (envelopes) and, where polls are combined in accordance with regulation 14(1), (7) or (11) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, paragraph (4)\nIn paragraph (4), for “(under the provisions referred to in regulation 65 above)”, substitute “(under regulation 14(1), (7) or 11)) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001)”.\nRegulation 75 (sealing up of counterfoils and security of special lists)\nRegulation 76 (delivery of postal ballot papers to post office)\nParagraphs (1) and (3) to (8) of regulation 77 (spoilt ballot papers) and, where polls are combined in accordance with regulation 14(1), (7) or (11) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, paragraph (2)\nIn paragraph (2), for “more than one election have been issued together under regulation 65 above”, substitute “more than one poll have been issued together”.\nRegulation 78 (lost ballot papers)\nRegulation 79 (alternative means of returning postal ballot paper or declaration of identity)\nFor paragraphs (1) and (2), substitute—\n“(1) The manner in which any postal ballot paper or declaration of identity may be returned—\n(a) to the returning officer, is by hand or by post;\n(b) to a polling station, is by hand.”.\nRegulation 80 (notice of opening of postal ballot paper envelopes)\nIn paragraph (1), for “each candidate” substitute “those persons who, in accordance with regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, are entitled to attend at the counting of the votes”.\nIn paragraph (2), omit sub-paragraph (b).\nRegulation 81 (postal ballot boxes and receptacles)\nIn paragraphs (3) and (4), for “the agents”, substitute “those”.\nRegulation 82 (receipt of covering envelope)\nRegulation 83 (opening of postal voters' ballot box)\nIn paragraph (1), for “the agents” substitute “the counting observers”.\nRegulation 84 (opening of covering envelopes)\nRegulation 85 (procedure in relation to declarations of identity)\nIn paragraph (3), for “agents” substitute “counting observers”.\nRegulation 86 (opening of ballot paper envelopes)\nRegulation 87 (lists of rejected postal ballot papers)\nRegulation 88 (checking of lists kept under regulation 87)\nRegulation 89 (sealing of receptacles)\nParagraphs (1) to (4) of regulation 91 (forwarding of documents)\nIn paragraph (1)—\n(a) omit the words “, in the case of a parliamentary election to the Clerk of the Crown in Chancery and”;\n(b) in sub-paragraph (a), omit the words “, subject to regulation 90 above,”; and\n(c) omit sub-paragraph (b) and the word immediately preceding it.\nIn paragraph (2)—\n(a) for “In the case of a local government election, the” substitute “The”; and\n(b) omit the words from “except that” to the end.\nIn Schedule 3, Form E (proxy paper).\nFor “REPRESENTATION OF THE PEOPLE ACTS” substitute “[insert name of council] REFERENDUM”.\nOmit “Constituency” and “Polling district”.\nFor “Parliamentary electoral area”, substitute “referendum voting area”.\nFor the words from “*[who qualifies” to “electoral region].]”, substitute “to vote for him/her at the referendum on (insert date)”.\nOmit “*[This proxy appointment is not valid until …]”.\nFor paragraph 2 of the note substitute—\n“2 Your appointment as proxy will be for the referendum only. You have the right to vote as proxy only at the referendum specified in the proxy paper.”\nForm H (declaration of identity for use when postal ballots are combined)\nIn paragraph 2 of the Instructions to Voters, after “candidates.]”, insert—\n“At the referendum, vote either “YES” or “NO”.”.\nIn the direction to returning officers after paragraph 2, after “election”, insert “or referendum”.\nIn paragraph 3 of the Instructions to Voters, after “voting for.”, insert “For the referendum, mark a cross (X) in the box on the right hand side of the ballot paper opposite the answer you are voting for.”\nIn paragraph 5 of those Instructions, after “election”, insert “referendum”.\nIn paragraph 6 of those Instructions, after “elections”, insert “referendums”.\nForm J (declaration of identity for use when polls are combined but the postal ballots are not combined)\nOn the front of the form, after “REPRESENTATION OF THE PEOPLE ACTS”, insert “[insert name of council] REFERENDUM”.\nOn the back of the form, in the Instructions to Voters—\n(a) in paragraph 1, after “election” insert “or referendum”;\n(b) in paragraph 4, after “election”, insert “and referendum”; and\n(c) in paragraph 5, after “election”, insert “or referendum”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 13B was inserted by the Representation of the People Act 2000 (c. 2), Schedule 1, paragraph 6."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 36(4) was amended by the Local Government Act 1985 (c. 51), Schedule 17 and the Local Government (Wales) Act 1994 (c. 19), Schedule 16."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 47(1) was amended by S.I. 1991/1728, regulation 4."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 49(5) was substituted by S.I. 1995/1948, Schedule 2 and amended by the Representation of the People Act 2000, Schedule 1, paragraph 12."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Amended by the Representation of the People Act 1985, Schedules 2 and 5, and by the Greater London Authority Act 1999 (c. 29), Schedule 3, paragraphs 1 and 10."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Subsections (3) and (4) were substituted by the Representation of the People Act 1985, Schedule 3."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Subsection (6) was amended by the Representation of the People Act 1985, Schedule 3. There are other amendments not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Section 66A was inserted by the Representation of the People Act 2000 (c. 2), Schedule 6, paragraph 6."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "Subsection (1) was substituted by the Broadcasting Act 1990 (c. 42), Schedule 20."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "Amended by the Representation of the People Act 1985, Schedule 4."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "Subsection (1) was amended by the Greater London Authority Act 1999 (c. 29), Schedule 3, paragraphs 1 and 29. Subsection (2) was amended by the Representation of the People Act 1985, Schedule 4. Subsection (4) was amended by the Police and Criminal Evidence Act 1984 (c. 60), Schedule 7."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "Subsection (2) was amended by the Representation of the People Act 1985, Schedule 3."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "Section 103(2) was repealed, and section 104(b) amended, by the Representation of the People Act 1985, Schedule 5."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "Section 110 was substituted by the Political Parties, Elections and Referendums Act 2000, Schedule 18, paragraph 14."
    },
    {
      "type": "footnote",
      "label": "f15",
      "text": "Subsection (1A) was inserted by the Representation of the People Act 1985, Schedule 4, paragraph 56."
    },
    {
      "type": "footnote",
      "label": "f16",
      "text": "Sections 168 and 169 were amended by the Representation of the People Act 1985, Schedules 3, 4 and 5."
    },
    {
      "type": "footnote",
      "label": "f17",
      "text": "Section 173 was substituted by the Political Parties, Elections and Referendums Act 2000, section 136."
    },
    {
      "type": "footnote",
      "label": "f18",
      "text": "Section 174 was amended by the Political Parties, Elections and Referendums Act 2000, Schedule 18, paragraph 18(1)(g)."
    },
    {
      "type": "footnote",
      "label": "f19",
      "text": "Section 175 was amended by the Representation of the People Act 1985, Schedule 3 and by the Political Parties, Elections and Referendums Act 2000, Schedule 21, paragraph 6(6)."
    },
    {
      "type": "footnote",
      "label": "f20",
      "text": "Section 176 was amended by Schedules 4 and 5 to the Representation of the People Act 1985."
    },
    {
      "type": "footnote",
      "label": "f21",
      "text": "Amended by the Representation of the People Act 1985, Schedule 4."
    },
    {
      "type": "footnote",
      "label": "f22",
      "text": "Subsection (1) was substituted by the Representation of the People Act 1985, Schedule 4."
    },
    {
      "type": "footnote",
      "label": "f23",
      "text": "To which there are amendments not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f24",
      "text": "The definitions of “the absent voters' list” and “the list of proxies” were inserted by the Representation of the People Act 1985, Schedule 2, and amended by the Representation of the People Act 2000, Schedule 6, paragraph 9. The definition of “relevant citizen of the Union” was inserted by S.I. 1995/1948."
    },
    {
      "type": "footnote",
      "label": "f25",
      "text": "Amended by the Representation of the People Act 1985, Schedule 4, the Local Government Act 1985 (c. 51) and the Education Reform Act 1988 (c. 40), Schedule 13."
    },
    {
      "type": "footnote",
      "label": "f26",
      "text": "Amended by the Greater London Authority Act 1999 (c. 29), Schedule 3, paragraphs 1 and 39."
    },
    {
      "type": "footnote",
      "label": "f27",
      "text": "S.I. 1986/2214; amended by S.I. 1987/261, 1990/158, 1995/1948, 2000/427 and 2001/81."
    },
    {
      "type": "footnote",
      "label": "f28",
      "text": "Rule 17(1)(a) was amended by S.I. 2001/81, rule 6."
    },
    {
      "type": "footnote",
      "label": "f29",
      "text": "Rule 19 was substituted by S.I. 2001/81, rule 7."
    },
    {
      "type": "footnote",
      "label": "f30",
      "text": "Rule 23 was amended by S.I. 2001/81, rule 8."
    },
    {
      "type": "footnote",
      "label": "f31",
      "text": "Rule 26 was amended by S.I. 2001/81, rule 9."
    },
    {
      "type": "footnote",
      "label": "f32",
      "text": "The definitions of “elected mayor” and “petition organiser”, as applied for the purposes of this rule, are to be found in regulation 2(1)."
    },
    {
      "type": "footnote",
      "label": "f33",
      "text": "Rule 33 was substituted by S.I. 2001/81, rule 10."
    },
    {
      "type": "footnote",
      "label": "f34",
      "text": "Rule 37 was amended by S.I. 2001/81, rule 11."
    },
    {
      "type": "footnote",
      "label": "f35",
      "text": "Rule 39 was amended by S.I. 2001/81, rule 12."
    },
    {
      "type": "footnote",
      "label": "f36",
      "text": "Rule 46 was amended by S.I. 2001/81, rule 13."
    },
    {
      "type": "footnote",
      "label": "f37",
      "text": "The form was amended by S.I. 2001/81, rule 15."
    },
    {
      "type": "footnote",
      "label": "f38",
      "text": "S.I. 2001/341."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2001/0110288637/schedule/3",
    "retrieved_at": "2026-10-30T15:26:58.797336+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}