Schedule 7 Modifications of the Election Petition Rules 1960

After the definition of “the Act” insert—

• ““the 2007 Regulations” means the Local Authorities (Conduct of Referendums) (England) Regulations 2007;”.

After the definition of “local election petition” insert—

• ““referendum petition” means a petition under the 2007 Regulations;”.

In the definition of “petition” insert at the end “or a referendum petition”.

For the definition of “constituency” substitute—

• ““constituency” in relation to—

  1. (a)

     a local election petition, means the local government area to which the petition relates;

  2. (b)

     a referendum petition, means the local government area in which the referendum is held;”.

After the definition of “returning officer” insert “and, in relation to a referendum petition, any reference to a provision of the Act must be construed as a reference to that provision as applied by the 2007 Regulations.”

Omit sub-paragraph (a).

For sub-paragraph (b) substitute—

“(b)

the date and result of the referendum to which the petition relates;”.

In sub-paragraph (c) for the words from “petition” to “the Act” substitute “referendum petition”.

For “a Parliamentary (or Local Government) Election for (state place) .. .. .. ..” substitute “a referendum in (state area)”.

In paragraph 1—

(a) for “election”, in the first place where that word occurs, substitute “referendum”,

(b) omit “(or was a candidate at the above election) (or in the case of a parliamentary election claims to have had a right to be elected or returned at the above election)”.

For paragraph 2 substitute—

“2. That referendum was held on the [insert day] day of [insert month] [insert year]”.

In paragraph 4 omit “in the case of a petition mentioned in section 122(2) or (3) or”.

For paragraph (1) of the Prayer substitute—

“(1)

That it may be determined [that the result of the referendum was not in accordance with the votes cast]* [that the referendum is avoided]* [that the referendum is tainted as mentioned in regulation 17(3) of the 2007 Regulations]*.

* Include or omit as the circumstances require.”