{
  "url": "https://openlegislation.uk/draft-local-authorities-conduct-of-referendums-england-regulations-2001/schedule-4",
  "json_url": "https://openlegislation.uk/draft-local-authorities-conduct-of-referendums-england-regulations-2001/schedule-4.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/4",
  "kind": "schedule",
  "number": "4",
  "heading": "ADDITIONAL MODIFICATIONS AS REGARDS REFERENDUM AT WHICH VOTING TO BE BY POST ONLY",
  "text": "(1)\n(2)\nProvision\nModification\nThe 1983 Act\nSection 47 (loan of equipment for local elections)\nIn subsections (1) and (2), omit “fittings and compartments”.\nSection 60 (personation)\nIn subsection (2), in paragraphs (a) and (b), omit “in person or”.\nIn subsection (3), omit the words from “who has applied” to “person or”.\nSection 61 (other voting offences) (see the modifications in Table 2 of Schedule 3)\nOmit subsections (2)(b) and (c) and (3)(b) and (c).\nSection 66 (requirement of secrecy)\nOmit subsection (1).\nSection 66A (prohibition on publication of exit polls)\nIn subsection (1), for “the poll is closed”, substitute “9 p.m. on the day of the referendum”.\nThe Elections Regulations\nRegulation 50 (interpretation of Part IV)\nOmit the definition of “allotted polling station”.\nRegulation 51 (general requirements for applications for an absent vote)\nOmit paragraph (5).\nRegulation 72 (procedure on issue of postal ballot paper)\nFor paragraph (1) substitute—\n“(1) First, the counting officer at the referendum shall issue postal ballot papers to those persons entitled to vote in the referendum who are included as voting by post in the absent voters list for the referendum, and shall place a mark in that list and the register of electors against the number of that person to denote that a ballot paper has been issued to him but without showing the particular ballot paper issued.\n(1A) Secondly, he shall issue postal ballot papers to those proxies included in the list kept under paragraph 7(8) of Schedule 4 to the 2000 Act, as applied for the purposes of the referendum, and shall place a mark—\n(a) in that list against the name of the proxy; and\n(b) in the register of electors against the number of the person for whom the proxy is appointed,\nto denote that a ballot paper has been issued to the proxy but without showing the particular ballot paper issued.\n(1B) Thirdly, he shall issue postal ballot papers to those proxies included in the absent voters list for the referendum and shall place a mark—\n(a) in that list against the name of the proxy; and\n(b) in the register of electors against the number of the person for whom the proxy is appointed,\nto denote that a ballot paper has been issued to the proxy but without showing the particular ballot paper issued.\n(1C) Finally, he shall issue postal ballot papers to every person entitled to vote in the referendum against whose number in the register of electors no mark has been placed, and shall then place a mark against that person’s number to denote that a ballot paper has been issued but without showing the particular ballot paper issued.\n(1D) Each postal ballot paper issued shall be stamped with the official mark.\n(1E) The address to which a postal ballot paper is to be sent shall be determined in accordance with rule 19 of the rules set out in Schedule 2 to the Local Elections (Principal Areas) Rules 1986, as substituted.”.\nOmit paragraphs (5) and (6).\nThe Principal Areas Rules\nRule 1 (timetable)\nIn the timetable, omit the entry in respect of polling.\nRule 3 (notice of election)\nIn paragraph 1, for “poll” substitute “referendum”.\nIn paragraph (2)—\n(a) omit sub-paragraph (a) and the word “and” following it; and\n(b) in sub-paragraph (b), omit “other”.\nRule 13 (poll to be taken by ballot)\nAfter “given by”, insert “postal”.\nRule 15 (ballot papers: official mark)\nOmit paragraph (3).\nRule 17 (use of schools and public rooms)\nIn paragraphs (1) and (2), omit “taking the poll or”.\nRule 18 (notice of poll)\nIn paragraph (1), for sub-paragraph (a) substitute—\n“(a) that the poll at the referendum is to be taken only by post;”.\nOmit paragraph (3).\nRule 19 (postal ballot papers)\nSubstitute—\n“Postal ballot papers\n19 (1) The counting officer shall as soon as reasonably practicable issue to—\n(a) each person entitled to vote in the referendum for whom a proxy has not been appointed; and\n(b) each proxy appointed by a person entitled to vote in the referendum, /d3>at the address determined in accordance with this rule, a postal ballot paper and a declaration of identity in the forms set out in the Appendix, or forms to the like effect, together with such envelopes for their return (whether free of charge or otherwise) as may be prescribed by regulations made under the 1983 Act.\n(2) In the case of a person entitled to vote in the referendum whose name is shown in the absent voters' list for the referendum, the address referred to in paragraph (1) is that shown in that list.\n(3) Subject to paragraph (4), in the case of a person entitled to vote in the referendum whose name is not shown in the absent voters' list for the referendum, the address referred to in paragraph (1) is his qualifying address as shown in the register of electors.\n(4) In the case of a person entitled to vote in the referendum—\n(a) whose name is not shown in the absent voters' list for the referendum; and\n(b) whose qualifying address is not shown in the register of electors,\nthe address referred to in paragraph (1) is—\n(i) the address given in accordance with regulation 15 of the Elections Regulations (if that address is within the United Kingdom) in the case of a service voter; or\n(ii) the address given in accordance with section 7(4)(d)(iii) of the 1983 Act in the case of a person registered in pursuance of a patient’s declaration.\n(5) In the case of a proxy, the address referred to in paragraph (1) is—\n(a) in the case of a proxy whose name is included in the special list kept under paragraph 7(8) of Schedule 4 to the RPAct 2000 for the referendum, the address recorded in that list; or\n(b) in the case of any other proxy, the address of the proxy as given under regulation 52 of the Elections Regulations.”.\nRules 20 to 23 (provision of polling stations, appointment of presiding officers and clerks, issue of official poll cards and equipment of polling stations)\nOmit.\nRule 25 (notification of requirement of secrecy)\nOmit paragraph (a).\nRules 26 to 37 (admission to polling stations, keeping of order in station, sealing of ballot boxes, questions to be put to voters, challenge of voters, voting procedure, votes marked by presiding officer, voting by blind persons, tendered ballot papers, spoilt ballot papers, adjournment of poll in case of riot and procedure on close of poll)\nOmit.\nRule 39 (the count)\nIn paragraph (1), omit sub-paragraphs (a) and (b) and the words “and (c)”.\nOmit paragraphs (2), (4) and (6).\nRule 46 (delivery of documents)\nIn paragraph (1)—\n(a) for sub-paragraph (b) substitute—\n“(b) the statements of rejected ballot papers;”\n(b) omit sub-paragraph (c); and\n(c) in sub-paragraph (d), omit from “and” to the end.\nRule 47\nIn paragraph (1)(b) omit “and certificates as to employment on duty on the day of the poll”.\nIn paragraphs (2) and (3), omit “and certificates”.\nRule 48\nIn paragraph (2), for the words from “, counterfoils” to “poll” substitute “and counterfoils,”.\nThe Appendix of Forms\nIn the back of the form of the declaration of identity omit note 6.\nOmit the forms of—\n(a) an elector’s official poll card;\n(b) a proxy’s official poll card;\n(c) directions for guidance of the voters in voting;\n(d) certificate of employment; and\n(e) declaration to be made by the companion of a voter with disabilities.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Rule 17 was amended by S.I. 2001/81, rule 6."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Rule 19 was substituted by S.I. 2001/81, rule 7."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Paragraph (3) of rule 39 was substituted by S.I. 2001/81, rule 12."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Rule 46 was amended by S.I. 2001/81, rule 13."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2001/0110288637/schedule/4",
    "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."
}