The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008
W.S.I. 2008/1848 · Made 9 July 2008 · Extends to England and Wales
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
- 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
- 1Title, commencement and revocation
- 2Interpretation
- 3The statement and the question to be asked in a referendum
- 4Publicity and other information in connection with referendums
- 5Restriction on publication etc. of promotional material
- 6General restriction on referendum expenses
- 7Notional referendum expenses
- 8Conduct of referendum
- 9Counting officer
- 10Result of referendum or further referendum
- 11Procedures for questioning referendum
- 12Immediate consequences of referendum petitions
- 13Determination of referendum petitions and subsequent procedures
- 14Time
- 15Advertisements
- 16Non-domestic rating: premises used for referendum purposes
- Signature
- Schedule 1STATEMENTS AND QUESTIONS TO BE ASKED IN A REFERENDUM
- Schedule 2: Matters relevant to Referendum Expenses
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 3: The Local Government Act Referendums Rules
- Part 1: Title and Interpretation
- 1Title
- 2Interpretation
- Part 2: Provisions as to Time
- 3Paragraph 3
- 4Computation of time
- Part 3: General Provisions
- 5Notice of referendum
- 6Poll to be taken by ballot
- 7The ballot papers
- 8The corresponding number list
- 9The official mark
- 10Prohibition of disclosure of vote
- 11Use of schools and public rooms
- Part 4: Action to be Taken Before the Poll
- 12Notice of poll
- 13Postal ballot papers
- 14Provision of polling stations
- 15Appointment of presiding officers and polling clerks
- 16Issue of official poll cards
- 17Equipment of polling stations
- 18Appointment of polling observers and counting observers
- 19Notification of requirement of secrecy
- 20Return of postal ballot papers
- Part 5: The Poll
- 21Admission to polling station
- 22Keeping of order in station
- 23Sealing of ballot boxes
- 24Questions to be put to voters and proxies
- 25Challenge of voter or proxy
- 26Voting procedure
- 27Votes marked by presiding officer
- 28Voting by persons with disabilities
- 29Tendered ballot papers: circumstances where available
- 30Tendered ballot papers: general provisions
- 31Spoilt ballot papers
- 32Correction of errors on day of poll
- 33Adjournment of poll in case of riot
- 34Procedure on close of poll
- Part 6: Counting of Votes
- 35Attendance at counting of votes
- 36The count
- 37Re-count
- 38Rejected ballot papers
- 39Decisions on ballot papers
- 40Equality of votes
- Part 7: Declaration of Result and Disposal of Documents
- 41Declaration of result
- 42Sealing up of ballot papers
- 43Delivery of documents to relevant registration officer
- 44Orders for production of documents
- 45Retention of documents
- Part 8: Appendix of Forms
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- Schedule 4: Application, with Modifications, of Acts and Subordinate Legislation
- 1Interpretation
- Schedule 5Application, with further modifications, of the Representation of the People Act 1983 in relation to Referendum Petitions
- Schedule 6Modifications of the Election Petition Rules 1960
- Explanatory note