Part TABLE 3 THE LOCAL ELECTIONS (PRINCIPAL AREAS) RULES 1986: SCHEDULE 2

Omit the words from “Delivery” in the first place where that word appears to “day of election” in the fourth place where those words appear.

Omit the item “Polling”.

For paragraph (2) substitute —

“(2)

The official mark shall be kept secret”.

In paragraph (3) omit “at the same election”.

In paragraph (1), for sub-paragraphs (b) to (d), substitute —

“and

(b)

the statement and the question to be asked in the referendum.”.

For paragraph (2) substitute —

“(2)

The notice of poll shall be published not later than the sixth day before the date of the referendum.”

In paragraph (3), omit the words from “and he shall” to the end.

For paragraph (3)(a) substitute —

“(a)

the name of the council and of the voting of area;”.

For paragraph (5) substitute —

“(5)

In every compartment of every polling station there shall be exhibited the following notice —

• [INSERT NAME OF COUNCIL]

• REFERENDUM

• Mark one box only. Put no other mark on the ballot paper or your vote may not be counted.”.

In paragraph (8), for “particulars of the candidates”, substitute “the answer”.

In paragraph (9) —

1. (a)

   for “numbered” and “number of”, substitute “worded” and “word on”, respectively; and

2. (b)

   for “the candidate whose particulars are”, substitute “the answer which is”.

In paragraph (10), for “Each number on the”, substitute “The word on each”.

Omit paragraphs (1) to (3).

In paragraph (4) —

1. (a)

   for “counting agents”, “counting agent” and “agent”, substitute “counting observers”, “counting observer” and “observer”, respectively;

2. (b)

   for “candidate” and “candidates”, substitute “petition organiser” and “petition organisers”, respectively; and

3. (c)

   for “appointed for” and “appointed”, substitute “nominated by” and “nominated”, respectively.

Omit paragraph (5).

For paragraph (6) substitute —

“(6)

If a counting observer dies, or becomes incapable of acting, the counting officer may appoint another counting observer in that person’s place.”.

Omit paragraph (7).

In paragraph (8) —

1. (a)

   omit “polling agents and”;

2. (b)

   for “counting agents” and “agents”, substitute “counting observers”; and

3. (c)

   in sub-paragraph (a), omit “and notified”.

In paragraph (9) —

1. (a)

   for “a counting agent by the returning officer”, substitute “a counting observer by the counting officer”; and

2. (b)

   for “the notice of appointment”, substitute “the nomination under regulation 13(2) of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004”.

In paragraph (10) —

1. (a)

   for “candidate” substitute “petition organiser”;

2. (b)

   for “polling or counting agent” substitute “counting observer”; and

3. (c)

   for “agent” substitute “counting observer”.

Omit paragraph (11).

In paragraph (12) —

1. (a)

   for “these rules” substitute “the LGA Referendum Rules”;

2. (b)

   for “polling or counting agents” substitute “counting observers”; and

3. (c)

   for “agents or agents” substitute “such observer or observers”.

In paragraph (1) —

1. (a)

   omit sub-paragraph (a);

2. (b)

   in sub-paragraph (b), for “the polling agents”, substitute “the polling observers”;

3. (c)

   at the end of sub-paragraph (d), omit “and”; and

4. (d)

   at the end of sub-paragraph (e) insert —

   “(f)

   the elected mayor, if any, of the council in respect of which the referendum is held; and

   (g)

   any petition organiser.”^f4

For paragraphs (1) and (2) substitute —

“(1)

The presiding officer may put to any person applying for a ballot paper the time of that person’s application, but not afterwards, one or both of the relevant questions.

(2)

In the case of a person applying to vote on their own behalf, the relevant questions are —

(a)

“Are you the person registered in the register of local government electors for this voting area as follows?” (read the whole entry from the register.)

(b)

“Have you already voted, here or elsewhere, in this referendum, otherwise than as proxy for some other person?”

(2A)

In the case of a person applying as proxy, the relevant questions are —

(a)

“Are you the person whose name appears as A.B. in the list of proxies for this referendum as entitled to vote as proxy on behalf of C.D.?”

(b)

“Have you already voted, here or elsewhere, at this referendum as proxy on behalf of C.D.?”.

(2B)

In the case of a person applying as proxy, the presiding officer may put the following additional question —

• “Are you the husband [wife], parent, grandparent, brother [sister], child or grandchild of C.D.?”

• and, if that question is not answered in the affirmative, the following question

  • “Have you already voted at this referendum on behalf of two persons of whom you are not the husband [wife], parent, grandparent, brother [sister], child or grandchild?”.”

In paragraph (1)(a), for “counting agents” substitute “counting observers”.

In paragraph (1)(b), for “election agents” substitute “counting observers”.

In paragraph (6), for “election agent” substitute “counting observer present at the verification”.

In paragraph (7), omit “so far as he and the agents agree” and from “For the purposes” to the end.

In paragraph (8), omit the words from “—(a) place” to “(b) otherwise”.

In paragraph (1), for “candidate or his election agent”, substitute “petition organiser”.

In paragraph (2), for “the candidates and election agents”, substitute “such petition organisers as are”.

In paragraph (1) —

1. (a)

   for sub-paragraph (b), substitute “(b) on which votes are given for more than one answer,”; and

2. (b)

   for “paragraphs (2) and (3)”, substitute “paragraph (3)”.

In paragraph (4) —

1. (a)

   omit sub-paragraph (b); and

2. (b)

   for “counting agent”, substitute “counting observer”.

In paragraph (5) —

1. (a)

   omit “including those rejected in part,”;

2. (b)

   for sub-paragraph (b), substitute —

   “(b)

   voting for more than one answer;” and

3. (c)

   omit the words from “and the statement” to the end.

For the words from “an equality” to the end, substitute —

• “an equality of YES and NO votes is found, the counting officer shall forthwith decide the referendum by lot.”.

Substitute —

• “The counting officer shall forthwith —

  1. (a)

     declare the result of the referendum;

  2. (b)

     inform the proper officer of the local authority by or in respect of which the referendum was held of the result of the referendum; and

  3. (c)

     give public notice of —

     1. (i)

        the result of the referendum,

     2. (ii)

        the number of ballot papers counted,

     3. (iii)

        the total number of votes cast for each answer, and

     4. (iv)

        the number of rejected ballot papers under each head shown in thestatement of rejected ballot papers.”.

For “the returning officer”, substitute “the counting officer”.

For the words from “the date of the election” to the end, substitute “and the name of the voting area”.

On the front of the form, for “REPRESENTATION OF THE PEOPLE ACTS” substitute —

• “[INSERT NAME OF COUNCIL] REFERENDUM”.

On the back of the form —

1. (a)

   in paragraph 2, for “(Vote for no more than…candidates.) (Vote for one candidate only.)”, substitute “Vote for one answer only.”;

2. (b)

   in paragraph 5, for “the same election” substitute “the referendum”; and

3. (c)

   in paragraph 6, for “election” substitute “referendum”.

On the front of the card —

1. (a)

   for “REPRESENTATION OF THE PEOPLE ACTS” substitute —

   • “[INSERT NAME OF COUNCIL] REFERENDUM”; and

2. (b)

   for “Electoral division/ward” substitute “Voting area”; and

3. (c)

   for “8am to 9pm”, substitute “7am to 10pm”.

On the back of the card —

1. (a)

   for the heading substitute —

   • “[INSERT NAME OF COUNCIL] REFERENDUM”;

2. (b)

   in the third paragraph —

   1. (i)

      for “the name(s) of the candidate(s)”, substitute “the answer”; and

   2. (ii)

      at the end insert “Put no other mark on the ballot paper, or your vote may not be counted.”;

3. (c)

   omit the fifth paragraph; and

4. (d)

   in the seventh and final paragraphs, for “this election” substitute “the referendum”.

On the front of the card —

1. (a)

   for “REPRESENTATION OF THE PEOPLE ACTS” substitute —

   • “[INSERT NAME OF COUNCIL] REFERENDUM”;

2. (b)

   for “LOCAL GOVERNMENT ELECTION”, “[Council]” and “Electoral division/ward” substitute “[insert name of voting area]”; and

3. (c)

   for “8am to 9pm”, substitute “7am to 10pm”.

On the back of the card, in the penultimate and final paragraphs, for “this election”, substitute “the referendum”.

In paragraph 2 —

1. (a)

   for “the name(s) of the candidate(s)”, substitute “the answer”; and

2. (b)

   at the end, insert “Put no other mark on the ballot paper, or your vote maynot be counted.”.

Omit paragraph 4 and renumber paragraph 5.

For “REPRESENTATION OF THE PEOPLE ACTS” and “ELECTION IN THE” substitute —

• “[INSERT NAME OF COUNCIL] REFERENDUM”.

and for “… ELECTORAL DIVISION/WARD of …”

substitute “[insert name of voting area]”.

For “electoral area” in each place substitute “voting area”.

For “election” in each place substitute “referendum”.

For “election now being held in this electoral area” substitute “referendum now being held in this voting area”.

For “the said election” in each case substitute “that referendum”.

For “for the … Electoral division/ward of … ”, substitute “in the …[insert name of voting area]”.