{
  "url": "https://openlegislation.uk/draft-local-authorities-conduct-of-referendums-england-regulations-2001/schedule-6",
  "json_url": "https://openlegislation.uk/draft-local-authorities-conduct-of-referendums-england-regulations-2001/schedule-6.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/6",
  "kind": "schedule",
  "number": "6",
  "heading": "APPLICATION, WITH FURTHER MODIFICATIONS, OF THE REPRESENTATION OF THE PEOPLE ACT 1983 IN RELATION TO REFERENDUM PETITIONS",
  "text": "(1)\n(2)\nProvision\nFurther Modifications (if any)\nSection 128 (presentation of petition questioning local election)\nIn subsection (1)—\n(a) for “under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (England) Regulations 2001”; and\n(b) omit “either” and the words from “, or by a person” to the end.\nIn subsection (2), for the words from the beginning to “any”, substitute “Any”.\nIn subsections (3) and (4), omit “and Wales”.\nSection 129 (time for presentation or amendment of petition questioning local election)\nIn subsection (1), for “under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (England) Regulations 2001”;\nIn subsection (2), in paragraph (b), for “a candidate elected at the election”, substitute “any person”.\nIn subsection (3), in paragraph (b), for “the candidate elected at the election, or by an agent of the candidate or with the privity of the candidate or his election agent”, substitute “any person”.\nOmit subsections (4) and (5).\nFor subsection (7), substitute—\n“(7) Subsections (3) and (6) above apply notwithstanding that the act constituting the alleged illegal practice amounted to a corrupt practice.”\nIn subsection (8), after “below” insert, “, as applied by regulation 19 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001,”.\nOmit subsection (9).\nSection 130 (election court for local election in England and Wales, and place of trial)\nIn subsection (1), for “and Wales under the local government Act”, substitute “under the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.\nIn subsection (3), in paragraph (a), for “and Wales under the local government Act”, substitute “under the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.\nSection 131 (accommodation of and attendance on court)\nIn subsection (1)—\n(a) after “section 130 above” insert “as applied by regulation 19 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001”, and\n(b) after “section 132 below” insert “as so applied”.\nSection 132 (remuneration and allowances)\nIn subsection (1), after “section 131 above”, insert “as applied by regulation 19 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.\nSection 133 (repayments under section 131 and 132)\nIn subsection (1)—\n(a) in paragraph (a), after “section 131 above”, insert “as applied by regulation 19 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001”; and\n(b) in paragraph (b), after “section 132 above”, insert “as so applied”.\nSection 136 (security for costs)\nIn subsection (2), in paragraph (b), for “a petition questioning an election under the local government Act” substitute “a referendum petition within the meaning of regulation 19 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.\nSection 137 (petition at issue)\nSection 138 (list of petitions)\nIn subsection (1), in paragraph (a), for “all election petitions”, substitute “all referendum petitions within the meaning of regulation 19 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.\nIn subsection (3) for the words from the beginning to “candidates”, substitute “Two or more persons”.\nIn subsection (4)—\n(a) for “the same election or to elections under the local government Act”, substitute “the same referendum or to referendums under the Local Authorities (Conduct of Referendums) (England) Regulations 2001”; and\n(b) for “the election list”, in both places, substitute “the list made out under subsection (1)”.\nSection 139 (trial of petition)\nIn subsection (1) omit “, in the case of a parliamentary election petition, 14 days and in any other case,”.\nOmit subsection (3).\nFor subsection (5) substitute—\n“(5) On the trial of a petition, the respondent may give evidence in the same manner as if he had presented a petition against the referendum.”.\nFor subsection (6) substitute—\n“(6) Where the petition relates to a referendum as regards which, by reason of an equality of votes found at the count, the result was determined by lot, that determination shall be effective also for the purposes of the petition unless subsection (6A) applies.\n(6A) This subsection applies where the court disallows any vote cast in the referendum; and in any such case—\n(a) the determination referred to in subsection (6) above shall have no effect; and\n(b) the court shall declare the result of the referendum.\n(6B) Where—\n(a) the petition relates to a referendum at which no equality of votes was found at the count; and\n(b) the court—\n(i) disallows any vote cast in the referendum; and\n(ii) determines that an equality of votes was cast in the referendum,\nthe result of the referendum shall be determined by the court by lot.”.\nSection 140 (witnesses)\nIn subsection (1), omit “, but this subsection does not apply to Scotland in relation to an election of councillors”.\nSection 141 (duty to answer relevant questions)\nSection 143 (expenses of witnesses)\nIn subsection (2)—\n(a) after “section 140(2) above”, insert “as applied for the purposes of the Local Authorities (Conduct of Referendums) (England) Regulations 2001”; and\n(b) after “subsection (1) above”, insert “as so applied”.\nSection 145 (conclusion of trial of local election petition)\nSubsection (1), as substituted, is not to apply where a referendum petition has been presented with the leave of the High Court (see regulation 19(3))\nFor subsection (1), substitute the following subsections—\n“(1) At the conclusion of the trial of a petition questioning a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2001, the election court shall determine—\n(a) in the case of a petition presented on the ground mentioned in sub-paragraph (a) of paragraph (1) of regulation 19 of those Regulations, whether the result of the referendum was, or was not, in accordance with the votes cast in the referendum;\n(b) in the case of a petition presented on the ground mentioned in sub-paragraph (b) or (c) of that paragraph, whether the referendum was void.\n(1A) Where the election court makes such a determination as is referred to in subsection (1)(a), it shall, as the circumstances require—\n(a) confirm the result of the referendum; or\n(b) reverse the result of the referendum.”.\nIn subsection (3)—\n(a) for “sections 158 and”, substitute “section”; and\n(b) for the words from “for which” to the end, substitute “by which or in respect of which the referendum was held.”.\nIn subsection (6), for “for which the election was held”, substitute “by which or in respect of which the referendum was held.”.\nSection 146 (special case for determination of High Court)\nOmit subsection (2).\nIn subsection (3), for the words from the beginning to “local government Act”, substitute—\n“(3) In the case of a referendum petition under the Local Authorities (Conduct of Referendums) (England) Regulations 2001,”.\nSection 147 (withdrawal of petition)\nSection 154 (costs of petition)\nSection 155 (neglect or refusal to pay costs)\nIn subsection (1) omit paragraph (a).\nIn subsection (2) after “this Act”, insert “as applied for the purposes of the referendum petition”.\nSection 156 (further provision as to costs)\nSection 157 (appeals and jurisdiction)\nOmit subsection (4).\nSection 160(1) and (3) (persons reported personally guilty of corrupt practices)\nIn subsection (1), omit paragraph (b).\nSection 161 (Justice of the Peace)\nSection 162 (member of legal and certain other professions)\nSection 163 (holder of licence or certificate under Licensing Acts)\nSection 164(1) and (2) (avoidance of election for general corruption etc.)\nIn subsection (1)—\n(a) for “election”, in the first two places where that word appears, substitute “referendum”;\n(b) for “the election of any person at that election”, substitute “a particular outcome in relation to the question asked in the referendum”; and\n(c) for paragraphs (a) and (b), substitute “, the referendum, if that outcome was achieved, shall be void.”.\nIn subsection (2), for “An election”, substitute “A referendum”.\nSection 167 (application for relief)\nSection 180 (evidence by certificate of holding of election)\nOmit sub-paragraph (ii) and the word immediately preceding it.\nSection 183 (costs)\nSection 184 (service of notices)\nIn section 185 (interpretation of Part III), the definitions of “appropriate officer”, “costs”, “Licensing Acts” and “payment”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "For other modifications of the provisions listed in column (1) see regulation 18(8)(a) and (b)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 130 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 10, paragraph 50."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 137 was substituted by the Political Parties, Elections and Referendums Act 2000, Schedule 17, paragraph 3."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 138 was amended by the Political Parties, Elections and Referendums Act 2000, Schedule 17, paragraph 4."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Subsections (3) and (4) were repealed by the Representation of the People Act 1985, Schedule 4, paragraph 50 and Schedule 5."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Section 157 was amended by the Political Parties, Elections and Referendums Act 2000, Schedule 17, paragraph 6."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Subsection (1) was amended, subsection (2) repealed, and subsection (3) substituted, by the Representation of the People Act 1985, Schedule 4, paragraph 52 and Schedule 5."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2001/0110288637/schedule/6",
    "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."
}