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The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008

W.S.I. 2008/1848 · Made 9 July 2008 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 7 February 2023.

LOCAL GOVERNMENT, WALES

Made 9 July 2008

Coming into force in accordance with regulation 1

The Welsh Ministers make the following Regulations in exercise of the powers conferred upon the National Assembly for Wales by section 26 of the Welsh Language Act 1993 M1 and by sections 45, 105 and 106(1) of the Local Government Act 2000 M2 and now vested in them M3:

The Welsh Ministers have consulted the Electoral Commission about these Regulations in accordance with section 45(8A) of the Local Government Act 2000.

In accordance with section 45(8B) and (8C) of that Act, the Welsh Ministers have consulted the Electoral Commission on the intelligibility of the questions which may be asked at a referendum together with the statements which precede these questions as specified in these Regulations. They have laid before the National Assembly for Wales a report stating the views expressed by the Commission in response.

In accordance with section 45(8D) of that Act, the Welsh Ministers have sought and had regard to the views of the Electoral Commission on the matter of the limitation of referendums expenses. They have laid no statement before the National Assembly for Wales in pursuance of that subsection because these Regulations accord with those views.

In accordance with section 105(6) of that Act (as applied by paragraph 34(2) of Schedule 11 to the Government of Wales Act 2006), a draft of this instrument has been laid before and approved by a resolution of the National Assembly for Wales.

Annotations to the whole text

Marginal citations

M1

1993 c. 38.

M2

2000 c. 22; sections 45(8A) to (8D) were inserted by, and section 45(9) was amended by, paragraph 18 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41); section 105(6) was amended by, and section 105(6A) was inserted by, paragraph 14 of Schedule 3 to the Local Government Act 2003 (c. 26).

M3

The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

Contents

  1. 1Title, commencement and revocation
  2. 2Interpretation
  3. 3The statement and the question to be asked in a referendum
  4. 4Publicity and other information in connection with referendums
  5. 5Restriction on publication etc. of promotional material
  6. 6General restriction on referendum expenses
  7. 7Notional referendum expenses
  8. 8Conduct of referendum
  9. 9Counting officer
  10. 10Result of referendum or further referendum
  11. 11Procedures for questioning referendum
  12. 12Immediate consequences of referendum petitions
  13. 13Determination of referendum petitions and subsequent procedures
  14. 14Time
  15. 15Advertisements
  16. 16Non-domestic rating: premises used for referendum purposes
  17. Signature
  18. Schedule 1STATEMENTS AND QUESTIONS TO BE ASKED IN A REFERENDUM
  19. Schedule 2: Matters relevant to Referendum Expenses
  20. 1Paragraph 1
  21. 2Paragraph 2
  22. 3Paragraph 3
  23. 4Paragraph 4
  24. 5Paragraph 5
  25. 6Paragraph 6
  26. 7Paragraph 7
  27. 8Paragraph 8
  28. Schedule 3: The Local Government Act Referendums Rules
  29. Part 1: Title and Interpretation
  30. 1Title
  31. 2Interpretation
  32. Part 2: Provisions as to Time
  33. 3Paragraph 3
  34. 4Computation of time
  35. Part 3: General Provisions
  36. 5Notice of referendum
  37. 6Poll to be taken by ballot
  38. 7The ballot papers
  39. 8The corresponding number list
  40. 9The official mark
  41. 10Prohibition of disclosure of vote
  42. 11Use of schools and public rooms
  43. Part 4: Action to be Taken Before the Poll
  44. 12Notice of poll
  45. 13Postal ballot papers
  46. 14Provision of polling stations
  47. 15Appointment of presiding officers and polling clerks
  48. 16Issue of official poll cards
  49. 17Equipment of polling stations
  50. 18Appointment of polling observers and counting observers
  51. 19Notification of requirement of secrecy
  52. 20Return of postal ballot papers
  53. Part 5: The Poll
  54. 21Admission to polling station
  55. 22Keeping of order in station
  56. 23Sealing of ballot boxes
  57. 24Questions to be put to voters and proxies
  58. 25Challenge of voter or proxy
  59. 26Voting procedure
  60. 27Votes marked by presiding officer
  61. 28Voting by persons with disabilities
  62. 29Tendered ballot papers: circumstances where available
  63. 30Tendered ballot papers: general provisions
  64. 31Spoilt ballot papers
  65. 32Correction of errors on day of poll
  66. 33Adjournment of poll in case of riot
  67. 34Procedure on close of poll
  68. Part 6: Counting of Votes
  69. 35Attendance at counting of votes
  70. 36The count
  71. 37Re-count
  72. 38Rejected ballot papers
  73. 39Decisions on ballot papers
  74. 40Equality of votes
  75. Part 7: Declaration of Result and Disposal of Documents
  76. 41Declaration of result
  77. 42Sealing up of ballot papers
  78. 43Delivery of documents to relevant registration officer
  79. 44Orders for production of documents
  80. 45Retention of documents
  81. Part 8: Appendix of Forms
  82. Paragraph
  83. Paragraph Repealed
  84. Paragraph Repealed
  85. Paragraph Repealed
  86. Paragraph Repealed
  87. Paragraph Repealed
  88. Paragraph Repealed
  89. Paragraph Repealed
  90. Paragraph Repealed
  91. Paragraph Repealed
  92. Paragraph Repealed
  93. Paragraph Repealed
  94. Paragraph Repealed
  95. Paragraph Repealed
  96. Paragraph Repealed
  97. Paragraph Repealed
  98. Paragraph Repealed
  99. Paragraph Repealed
  100. Paragraph Repealed
  101. Paragraph Repealed
  102. Paragraph Repealed
  103. Paragraph Repealed
  104. Schedule 4: Application, with Modifications, of Acts and Subordinate Legislation
  105. 1Interpretation
  106. Schedule 5Application, with further modifications, of the Representation of the People Act 1983 in relation to Referendum Petitions
  107. Schedule 6Modifications of the Election Petition Rules 1960
  108. Explanatory note