{
  "url": "https://openlegislation.uk/local-authorities-conduct-of-referendums-wales-regulations-2004/schedule-3/part-3",
  "json_url": "https://openlegislation.uk/local-authorities-conduct-of-referendums-wales-regulations-2004/schedule-3/part-3.json",
  "legislation": "wsi/2004/870",
  "legislation_title": "The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004",
  "legislation_url": "https://openlegislation.uk/local-authorities-conduct-of-referendums-wales-regulations-2004",
  "path": "schedule/3/part/3",
  "kind": "part",
  "number": "TABLE 3",
  "heading": "THE LOCAL ELECTIONS (PRINCIPAL AREAS) RULES 1986: SCHEDULE 2",
  "text": "(1)\n(2)\nProvision\nModification (if any)\nRule 1 (timetable)\nOmit the words from “Delivery” in the first place where that word appears to “day of election” in the fourth place where those words appear.\nOmit the item “Polling”.\nRule 2 (computation of time)\nSee regulation 18.\nRule 3 (notice of election)\nFor paragraph (1), substitute “(1) The counting officer shall publish notice of the referendum, stating the date of the poll.”\nRule 13 (poll to be taken by ballot)\nOmit the words from “, the result” to the end.\nRule 15 (the official mark)\nFor paragraph (2) substitute —\n“(2) The official mark shall be kept secret”.\nIn paragraph (3) omit “at the same election”.\nRule 16 (prohibition of disclosure of vote)\nRule 17 (use of schools and public rooms)\nRule 18 (notice of poll)\nIn paragraph (1), for sub-paragraphs (b) to (d), substitute —\n“and\n(b) the statement and the question to be asked in the referendum.”.\nFor paragraph (2) substitute —\n“(2) The notice of poll shall be published not later than the sixth day before the date of the referendum.”\nIn paragraph (3), omit the words from “and he shall” to the end.\nRule 19 (postal ballot papers)\nRule 20 (provision of polling stations)\nIn paragraph (3), omit “unless that place is outside the electoral area”.\nRule 21 (appointment of presiding officers and clerks)\nIn paragraph (1), omit the words from “but he shall not appoint” to the end.\nRule 22(1) to (4) (issue official poll cards)\nFor paragraph (3)(a) substitute —\n“(a) the name of the council and of the voting of area;”.\nRule 23 (equipment of polling stations)\nFor paragraph (5) substitute —\n“(5) In every compartment of every polling station there shall be exhibited the following notice —\n[INSERT NAME OF COUNCIL]\nREFERENDUM\nMark one box only. Put no other mark on the ballot paper or your vote may not be counted.”.\nIn paragraph (8), for “particulars of the candidates”, substitute “the answer”.\nIn paragraph (9) —\n(a) for “numbered” and “number of”, substitute “worded” and “word on”, respectively; and\n(b) for “the candidate whose particulars are”, substitute “the answer which is”.\nIn paragraph (10), for “Each number on the”, substitute “The word on each”.\nRule 24 (appointment of polling and counting agents)\nOmit paragraphs (1) to (3).\nIn paragraph (4) —\n(a) for “counting agents”, “counting agent” and “agent”, substitute “counting observers”, “counting observer” and “observer”, respectively;\n(b) for “candidate” and “candidates”, substitute “petition organiser” and “petition organisers”, respectively; and\n(c) for “appointed for” and “appointed”, substitute “nominated by” and “nominated”, respectively.\nOmit paragraph (5).\nFor paragraph (6) substitute —\n“(6) If a counting observer dies, or becomes incapable of acting, the counting officer may appoint another counting observer in that person’s place.”.\nOmit paragraph (7).\nIn paragraph (8) —\n(a) omit “polling agents and”;\n(b) for “counting agents” and “agents”, substitute “counting observers”; and\n(c) in sub-paragraph (a), omit “and notified”.\nIn paragraph (9) —\n(a) for “a counting agent by the returning officer”, substitute “a counting observer by the counting officer”; and\n(b) for “the notice of appointment”, substitute “the nomination under regulation 13(2) of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004”.\nIn paragraph (10) —\n(a) for “candidate” substitute “petition organiser”;\n(b) for “polling or counting agent” substitute “counting observer”; and\n(c) for “agent” substitute “counting observer”.\nOmit paragraph (11).\nIn paragraph (12) —\n(a) for “these rules” substitute “the LGA Referendum Rules”;\n(b) for “polling or counting agents” substitute “counting observers”; and\n(c) for “agents or agents” substitute “such observer or observers”.\nRule 25 (notification of requirement of secrecy)\nRule 26(1), (3) and (4) (admission to polling station)\nIn paragraph (1) —\n(a) omit sub-paragraph (a);\n(b) in sub-paragraph (b), for “the polling agents”, substitute “the polling observers”;\n(c) at the end of sub-paragraph (d), omit “and”; and\n(d) at the end of sub-paragraph (e) insert —\n“(f) the elected mayor, if any, of the council in respect of which the referendum is held; and\n(g) any petition organiser.”\nRule 27 (keeping of order in station)\nRule 28 (sealing of ballot boxes)\nRule 29 (questions to be put to voters) at —\nFor paragraphs (1) and (2) substitute —\n“(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.\n(2) In the case of a person applying to vote on their own behalf, the relevant questions are —\n(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.)\n(b) “Have you already voted, here or elsewhere, in this referendum, otherwise than as proxy for some other person?”\n(2A) In the case of a person applying as proxy, the relevant questions are —\n(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.?”\n(b) “Have you already voted, here or elsewhere, at this referendum as proxy on behalf of C.D.?”.\n(2B) In the case of a person applying as proxy, the presiding officer may put the following additional question —\n“Are you the husband [wife], parent, grandparent, brother [sister], child or grandchild of C.D.?”\nand, if that question is not answered in the affirmative, the following question\n“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?”.”\nRule 30 (challenge voters)\nIn paragraph (1), for “a candidate or his election or polling agent”, substitute “any petition organiser or polling observer permitted to be present in accordance with rule 26, as modified”.\nRule 31 (voting procedure)\nRule 32 (votes marked by presiding officer)\nIn paragraph (1), for “polling agents” substitute “polling observers (if any)”.\nRule 33 (voting by persons with disabilities)\nRule 34 (tendered ballot papers)\nRule 35 (spoilt ballot papers)\nRule 36 (adjournment of poll in case of riot)\nRule 37 (procedure\nIn paragraph (1), for “polling agents” (in both places) substitute “polling observers (if on close of poll) any)”.\nRule 39 (the count)\nIn paragraph (1)(a), for “counting agents” substitute “counting observers”.\nIn paragraph (1)(b), for “election agents” substitute “counting observers”.\nIn paragraph (6), for “election agent” substitute “counting observer present at the verification”.\nIn paragraph (7), omit “so far as he and the agents agree” and from “For the purposes” to the end.\nIn paragraph (8), omit the words from “—(a) place” to “(b) otherwise”.\nRule 40 (re-count)\nIn paragraph (1), for “candidate or his election agent”, substitute “petition organiser”.\nIn paragraph (2), for “the candidates and election agents”, substitute “such petition organisers as are”.\nRule 41(1), (3) to (5) (rejected ballot papers)\nIn paragraph (1) —\n(a) for sub-paragraph (b), substitute “(b) on which votes are given for more than one answer,”; and\n(b) for “paragraphs (2) and (3)”, substitute “paragraph (3)”.\nIn paragraph (4) —\n(a) omit sub-paragraph (b); and\n(b) for “counting agent”, substitute “counting observer”.\nIn paragraph (5) —\n(a) omit “including those rejected in part,”;\n(b) for sub-paragraph (b), substitute —\n“(b) voting for more than one answer;” and\n(c) omit the words from “and the statement” to the end.\nRule 42 (decisions on ballot papers)\nRule 43 (equality of\nFor the words from “an equality” to the end, substitute —\n“an equality of YES and NO votes is found, the counting officer shall forthwith decide the referendum by lot.”.\nRule 44 (declaration of result)\nSubstitute —\n“The counting officer shall forthwith —\n(a) declare the result of the referendum;\n(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\n(c) give public notice of —\n(i) the result of the referendum,\n(ii) the number of ballot papers counted,\n(iii) the total number of votes cast for each answer, and\n(iv) the number of rejected ballot papers under each head shown in thestatement of rejected ballot papers.”.\nRule 45 (sealing up of ballot papers)\nIn paragraph (1), omit “contested” and “, including ballot papers rejected in part”.\nRule 46 (delivery of documents)\nFor “the returning officer”, substitute “the counting officer”.\nFor the words from “the date of the election” to the end, substitute “and the name of the voting area”.\nRule 47 (orders for production of documents)\nIn paragraph (1), omit “, including ballot papers rejected in part”.\nRule 48 (retention and public inspection of documents)\nThe Appendix of Forms: Form of declaration of identity\nOn the front of the form, for “REPRESENTATION OF THE PEOPLE ACTS” substitute —\n“[INSERT NAME OF COUNCIL] REFERENDUM”.\nOn the back of the form —\n(a) in paragraph 2, for “(Vote for no more than…candidates.) (Vote for one candidate only.)”, substitute “Vote for one answer only.”;\n(b) in paragraph 5, for “the same election” substitute “the referendum”; and\n(c) in paragraph 6, for “election” substitute “referendum”.\nElector’s official poll card\nOn the front of the card —\n(a) for “REPRESENTATION OF THE PEOPLE ACTS” substitute —\n“[INSERT NAME OF COUNCIL] REFERENDUM”; and\n(b) for “Electoral division/ward” substitute “Voting area”; and\n(c) for “8am to 9pm”, substitute “7am to 10pm”.\nOn the back of the card —\n(a) for the heading substitute —\n“[INSERT NAME OF COUNCIL] REFERENDUM”;\n(b) in the third paragraph —\n(i) for “the name(s) of the candidate(s)”, substitute “the answer”; and\n(ii) at the end insert “Put no other mark on the ballot paper, or your vote may not be counted.”;\n(c) omit the fifth paragraph; and\n(d) in the seventh and final paragraphs, for “this election” substitute “the referendum”.\nProxy’s official poll card\nOn the front of the card —\n(a) for “REPRESENTATION OF THE PEOPLE ACTS” substitute —\n“[INSERT NAME OF COUNCIL] REFERENDUM”;\n(b) for “LOCAL GOVERNMENT ELECTION”, “[Council]” and “Electoral division/ward” substitute “[insert name of voting area]”; and\n(c) for “8am to 9pm”, substitute “7am to 10pm”.\nOn the back of the card, in the penultimate and final paragraphs, for “this election”, substitute “the referendum”.\nForm of directions for guidance of the voters in voting\nIn paragraph 2 —\n(a) for “the name(s) of the candidate(s)”, substitute “the answer”; and\n(b) at the end, insert “Put no other mark on the ballot paper, or your vote maynot be counted.”.\nOmit paragraph 4 and renumber paragraph 5.\nForm of certificate of employment\nFor “REPRESENTATION OF THE PEOPLE ACTS” and “ELECTION IN THE” substitute —\n“[INSERT NAME OF COUNCIL] REFERENDUM”.\nand for “… ELECTORAL DIVISION/WARD of …”\nsubstitute “[insert name of voting area]”.\nFor “electoral area” in each place substitute “voting area”.\nFor “election” in each place substitute “referendum”.\nForm of declaration to be made by the companion of a voter with disabilities\nFor “election now being held in this electoral area” substitute “referendum now being held in this voting area”.\nFor “the said election” in each case substitute “that referendum”.\nFor “for the … Electoral division/ward of … ”, substitute “in the …[insert name of voting area]”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1986/2214; amended by S.I. 1987/261, 1990/158, 1995/1948, 2000/427 and 2001/81."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Rule 23 was amended by S.I. 2001/81, rule 8."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Rule 26 was amended by S.I. 2001/81, rule 9."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "The definitions of “elected mayor” and “petition organiser”, as applied for the purposes of this rule, are to be found in regulation 2(1)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Rule 37 was amended by S.I. 2001/81, rule 11."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Rule 39 was amended by S.I. 2001/81, rule 12."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Rule 46 was amended by S.I. 2001/81, rule 13."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "The form was amended by S.I. 2001/81, rule 15."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words inserted",
      "affecting": "wsi/2005/3302",
      "affecting_title": "The Civil Partnership Act 2004 (Consequential Amendments to Subordinate Legislation) (Wales) Order 2005"
    },
    {
      "type": "words inserted",
      "affecting": "wsi/2005/3302",
      "affecting_title": "The Civil Partnership Act 2004 (Consequential Amendments to Subordinate Legislation) (Wales) Order 2005"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2004/870/schedule/3/part/3",
    "retrieved_at": "2026-10-29T00:09:03.836616+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."
}