{
  "url": "https://openlegislation.uk/draft-local-authorities-conduct-of-referendumsengland-regulations-2012/schedule-6",
  "json_url": "https://openlegislation.uk/draft-local-authorities-conduct-of-referendumsengland-regulations-2012/schedule-6.json",
  "legislation": "ukdsi/2012/9780111517604",
  "legislation_title": "The Local Authorities (Conduct of Referendums)(England) Regulations 2012",
  "legislation_url": "https://openlegislation.uk/draft-local-authorities-conduct-of-referendumsengland-regulations-2012",
  "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) Provision\n(2) Further modifications\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 2012”, 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”.\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 2012”.\nIn subsection (2)(b) for “a candidate elected at the election” substitute “any person”.\nIn subsection (3)(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) apply notwithstanding that the act constituting the alleged illegal practice amounted to a corrupt practice.”\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 2012”.\nIn subsection (3)(a) for “and Wales under the local government Act” substitute “under the Local Authorities (Conduct of Referendums) (England) Regulations 2012”.\nSection 131 (accommodation of and attendance on court)\nSection 132 (remuneration and allowances)\nSection 133 (repayments under section 131 and 132)\nSection 136 (security for costs)\nIn subsection (2)(b) for “petition questioning an election under the local government Act” substitute “referendum petition within the meaning of regulation 15 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012”.\nSection 137 (petition at issue)\nSection 138 (list of petitions)\nIn subsection (1)(a) for “all election petitions” substitute “all referendum petitions within the meaning of regulation 15 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012”.\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 referendums under the Local Authorities (Conduct of Referendums) (England) Regulations 2012”, 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 or she 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 is to 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) is to have no effect, and\n(b) the court is to 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 is to be determined by the court by lot.”\nSection 140 (witnesses)\nSection 141 (duty to answer relevant questions)\nSection 143 (expenses of witnesses)\nSection 145 (conclusion of trial of local election petition)\nFor subsection (1) substitute—\n“(1) At the conclusion of the trial of a petition questioning a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2012 the election court is to determine—\n(a) in the case of a petition presented on the ground mentioned in regulation 15(1)(a) 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 regulation 15(1)(b) or (c) of those Regulations, whether the referendum was void.\nFor subsection (1A) substitute—\n“(1A) Following a determination under subsection (1)(a), the election court must, as the circumstances require, confirm or 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 2012,”.\nSection 147 (withdrawal of petition)\nSection 154 (costs of petition)\nSection 155 (neglect or refusal to pay costs)\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)\nOmit subsection (1)(b).\nSection 161 (Justices 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 words 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, is 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)\nSection 185 (interpretation of Part 3)",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1983 (c.2); section 128 was amended by paragraph 12 of Schedule 1 to the Electoral Administration Act 2006 (c.22)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 130 was amended by paragraph 50 of Schedule 10 to the Courts and Legal Services Act 1990 (c. 41), paragraph 2 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c.41) and paragraph 14 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c.7)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 136 was amended by paragraph 48 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraph 19 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c.41)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "The existing section 137 was substituted for section 137 as originally enacted by paragraph 3 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c.41)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Section 138 was amended by paragraph 4 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c.41)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Section 140 was amended by paragraph 49 of Schedule 4 to the Representation of the People Act 1985 (c.50)."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Section 141 was amended by paragraph 50 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraph 84 of Schedule 27 to the Civil Partnership Act 2004 (c.33)."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Section 145 was amended by paragraph 33 of Schedule 3 to the Greater London Authority Act 1999 (c.29)"
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "Section 156 was amended by paragraph 51 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraphs 48 and 50 of the Legal Services Act 2007 (c.29)"
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "Section 157 was amended by paragraph 6 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c. 41) and paragraph 28 of Schedule 11 to the Constitutional Reform Act 2005 (c.5)."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "Subsection (1) was amended by paragraph 52 of Schedule 4 to the Representation of the People Act 1985 (c.50), and the present subsection (3) was substituted for subsection (3) as originally enacted by that paragraph."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "Section 161 was amended by paragraph 53 of Schedule 4 and Schedule 5 to the Representation of the People Act 1985 (c.50) and paragraph 149 of Schedule 4 to the Constitutional Reform Act 2005 (c.5)."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "Section 163 was amended by paragraph 55 of Schedule 4 to the Representation of the People Act 1985 (c.50)."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "Section 167 was amended by paragraph 56 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraph 18 of Schedule 18 to the Political Parties, Elections and Referendums Acts 2000 (c.41)."
    },
    {
      "type": "footnote",
      "label": "f15",
      "text": "Section 183 was amended by paragraph 28 of Schedule 11 to the Constitutional Reform Act 2005 (c.5)."
    },
    {
      "type": "footnote",
      "label": "f16",
      "text": "Section 184 was amended by paragraph 19 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c. 41), SI 2001/1149 and paragraphs 116 and 118 of Schedule 12 to the Postal Services Act 2011 (c.5)."
    },
    {
      "type": "footnote",
      "label": "f17",
      "text": "Section 185 was amended by paragraph 10 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c. 41) and paragraphs 86 and 87 of Schedule 6 to the Licensing Act 2003 (c.17)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2012/9780111517604/schedule/6",
    "retrieved_at": "2026-10-30T14:52:38.593992+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."
}