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The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2010, ISBN 9780111503072

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 103(4) of the Government of Wales Act 2006, for approval by resolution of each House of Parliament.

Constitutional Law

Devolution, Wales

Referendums

Representation Of The People

Made ***

Coming into force in accordance with article 1(2)

At the Court at Buckingham Palace, the *** day of ***

Present,

The Queen’s Most Excellent Majesty in Council

A draft of this Order has been laid before and approved by a resolution of each House of Parliament and the National Assembly for Wales in accordance with section 103(4) and (5) of the Government of Wales Act 2006f1.

Before a draft of this Order was laid before each House of Parliament or the National Assembly for Wales, the Secretary of State—

(a)

undertook such consultation as the Secretary of State considered appropriate in accordance with section 103(6) of that Act, and

(b)

consulted the Electoral Commission on the wording of the referendum question and the preceding statement in accordance with section 104(4)(a) of the Political Parties, Elections and Referendums Act 2000f2.

Accordingly, Her Majesty, in pursuance of section 103(1) of, and Schedule 6 to, the Government of Wales Act 2006, is pleased, by and with the advice of Her Privy Council, to order as follows:-

Annotations to the whole text

Footnotes

f1

2006 c. 32.

f2

2000 c. 41.

Contents

  1. 1Citation, commencement and extent
  2. 2Interpretation etc.
  3. 3Referendum and date of poll
  4. 4Referendum question and statement
  5. 5Referendum period
  6. 6Polling districts and polling places
  7. 7Other voting provisions
  8. 8Rules for the conduct of the referendum
  9. 9The Chief Counting Officer and Deputy Chief Counting Officers
  10. 10Counting officers
  11. 11Supplementary
  12. 12Correction of procedural errors
  13. 13Payments to counting officers
  14. 14Taxation of counting officers’ accounts
  15. 15Accounts of the Welsh Ministers
  16. 16Explanatory material
  17. 17Supply of full register to the Commission
  18. 18Referendum agents
  19. 19Translations etc. of certain documents
  20. 20Public notices and declarations
  21. 21Sending of applications and notices: electronic signatures and related certificates
  22. 22Publication and copies of documents
  23. 23Advertisements
  24. 24Non-domestic rating: premises used for referendum purposes
  25. 25Loan of equipment for referendum
  26. 26Offences
  27. 27Modifications of enactments
  28. 28Forms: general
  29. Signature
  30. Schedule 1: VOTING IN THE REFERENDUM
  31. Part 1: Manner of voting
  32. 1Persons entitled to vote
  33. 2Existing postal and proxy voters
  34. 3Applications by electors for absent vote
  35. 4Absent voters lists
  36. 5Proxies
  37. 6Voting as proxy
  38. 7Use of personal identifier information
  39. 8Use of personal identifier information
  40. Part 2: Applications for absent vote
  41. 9General requirements for applications
  42. 10Additional requirements for applications to vote by proxy
  43. 11Closing dates for applications
  44. 12Grant or refusal of applications
  45. 13Cancellation of proxy appointment
  46. 14The personal identifiers record
  47. Part 3: Registration
  48. 15Effect of register
  49. 16Effect of misdescription
  50. 17Discharge of registration duties
  51. 18Alterations in the register
  52. 19Payment of expenses of registration
  53. 20Supply of free copy of register, notices and lists for referendum purposes
  54. 21Supply of free copy of register, notices and lists for referendum purposes
  55. 22Appeals
  56. 23Marked register for polling stations
  57. 24Notification by registration officer
  58. 25Service Voters
  59. 26Forms
  60. Schedule 2: ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS
  61. Part 1: Interpretation
  62. 1Paragraph 1
  63. Part 2: Issue of postal ballot papers
  64. 2Persons entitled to be present at proceedings on issue of postal ballot papers
  65. 3Persons entitled to be present at proceedings on receipt of postal ballot papers
  66. 4Notification of requirement of secrecy
  67. 5Time when postal ballot papers are to be issued
  68. 6Procedure on issue of postal ballot paper
  69. 7Refusal to issue postal ballot papers
  70. 8Envelopes
  71. 9Sealing up of completed corresponding number lists and security of lists
  72. 10Delivery of postal ballot papers
  73. 11Spoilt postal ballot paper
  74. 12Lost postal ballot papers
  75. Part 3: Receipt of postal ballot papers
  76. 13Notice of opening of postal ballot paper envelopes
  77. 14Postal ballot boxes and receptacles
  78. 15Receipt of covering envelope
  79. 16Opening of postal voters’ ballot box
  80. 17Opening of covering envelopes
  81. 18Confirming receipt of postal voting statements
  82. 19Procedure in relation to postal voting statements
  83. 20Procedure in relation to postal voting statements: personal identifier verification
  84. 21Postal voting statements: additional personal identifier verification
  85. 22Opening of ballot paper envelopes
  86. 23Retrieval of cancelled postal ballot papers
  87. 24Lists of rejected postal ballot papers
  88. 25Checking of lists kept under paragraph 24
  89. 26Sealing of receptacles
  90. 27Forwarding of documents
  91. Schedule 3: REFERENDUM RULES
  92. Part 1: Time
  93. 1Timetable
  94. 2Computation of time
  95. Part 2: General provisions
  96. 3Notice of the referendum
  97. 4Hours of polling
  98. 5Poll to be taken by ballot
  99. 6The ballot paper
  100. 7The corresponding number list
  101. 8The official mark
  102. 9Prohibition of disclosure of vote
  103. 10Use of schools and public rooms for polling
  104. Part 3: Action to be taken before the poll
  105. 11Notice of poll
  106. 12Postal ballot papers
  107. 13Provision of polling stations
  108. 14Appointment of presiding officers and clerks
  109. 15Issue of official poll cards
  110. 16Equipment of polling stations
  111. 17Appointment of polling and counting agents
  112. 18Notification of requirement of secrecy
  113. 19Return of postal ballot papers
  114. Part 4: The poll
  115. 20Admission to polling station
  116. 21Keeping of order in polling station
  117. 22Sealing of ballot boxes
  118. 23Questions to be put to voters
  119. 24Challenge of voter
  120. 25Voting procedure
  121. 26Votes marked by presiding officer
  122. 27Voting by persons with disabilities
  123. 28Tendered ballot papers
  124. 29Spoilt ballot papers
  125. 30Correction of errors on the day of the poll
  126. 31Adjournment of poll in case of riot
  127. 32Procedure on close of poll
  128. Part 5: The count
  129. 33Time of, and attendance at, the count
  130. 34The count
  131. 35Rejected ballot papers
  132. 36Decisions on ballot papers
  133. 37Counting officer’s re-count
  134. 38Chief Counting Officer’s re-count
  135. Part 6: Final proceedings
  136. 39Counting officer’s certification and declaration
  137. 40Chief Counting Officer’s certification and declaration of result of referendum
  138. Part 7: Disposal of documents
  139. 41Sealing up of ballot papers
  140. 42Delivery of documents to relevant registration officer
  141. 43Orders for production of documents
  142. 44Retention and public inspection of documents
  143. Schedule 4: OFFENCES
  144. 1Offences relating to applications for postal and proxy votes
  145. 2Personation
  146. 3Other voting offences
  147. 4Breach of official duty
  148. 5Tampering with ballot papers etc.
  149. 6Requirement of secrecy
  150. 7Prohibition on publication of exit polls
  151. 8Broadcasting from outside the United Kingdom
  152. 9Imitation poll cards
  153. 10Disturbances at meetings
  154. 11Officials not to act for permitted participants
  155. 12Illegal canvassing by police officers
  156. 13Payments for exhibition of referendum notices
  157. 14Prohibition of paid canvassers
  158. 15Providing money for illegal purposes
  159. 16Bribery
  160. 17Treating
  161. 18Undue influence
  162. 19Interference with notices etc.
  163. 20Offences in contravention of Schedule 1 paragraphs 20 and 21 (Supply of free copy of register etc.)
  164. 21Application for relief
  165. 22Prosecutions for corrupt practices
  166. 23Prosecutions for illegal practice
  167. 24Conviction of illegal practice on charge of corrupt practice etc.
  168. 25Incapacities on conviction of corrupt or illegal practice
  169. 26Prosecutions for illegal payments etc
  170. 27Time limit for prosecutions
  171. 28Referendum offence punishable summarily
  172. 29Prosecution of offences committed outside the United Kingdom
  173. 30Offences by associations
  174. 31Evidence by certificate of electoral registration
  175. 32Director of Public Prosecutions
  176. 33Rights of creditors
  177. 34Saving
  178. 35Service of notices
  179. 36Interpretation of this Schedule
  180. Schedule 5: Application and modification of enactments relating to elections
  181. 1General
  182. Table
  183. Schedule 6Appendix of forms
  184. Explanatory note