OpenLegislation

Schedule 6 Modifications of the Election Petition Rules 1960

England and Wales

(1) Provision modified(2) Modification
Rule 2(2) M1

After the definition of “the Act” insert—

““the 2008 Regulations” means the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008;”.

After the definition of “local election petition” insert—

““referendum petition” means a petition under the 2008 Regulations;”.

In the definition of “petition” insert at the end “ or a referendum petition ”.

For the definition of “constituency” substitute—

““constituency” in relation to—

(a)

a local election petition, means the local government area to which the petition relates;

(b)

a referendum petition, means the local government area in which the referendum is held;”.

After the definition of “returning officer” insert “ and, in relation to a referendum petition, any reference to a provision of the Act must be construed as a reference to that provision as applied by the 2008 Regulations. ”

Rule 2(3) M2

After “local government Act” insert “ and referendums under the 2008 Regulations ”.

Rule 4(1) M3

Omit sub-paragraph (a).

For sub-paragraph (b) substitute—

“(b)

the date and result of the referendum to which the petition relates;”.

In sub-paragraph (c) for the words from “petition” to “the Act” substitute “ referendum petition ”.

Rule 10 M4Omit.
Rule 12(3) M5

For “the election” substitute “ the referendum ”.

Rule 14(2) M6

For “the election may” substitute “ the referendum may ”.

Rule 16(3) M7

For “the election may” substitute “ the referendum may ”.

Rule 18 M8

After “local election petition” insert “ or a referendum petition ”.

The Schedule M9

For “a Parliamentary (or Local Government) Election for (state place) ....................” substitute “ a referendum in (state area) ”.

In paragraph 1—

  1. (a)

    for “election”, in the first place where that word occurs, substitute “ referendum ”,

  2. (b)

    omit “(or was a candidate at the above election) (or in the case of a parliamentary election claims to have had a right to be elected or returned at the above election)”.

For paragraph 2 substitute—

“2

That referendum was held on the [insert day] day of [insert month] [insert year]”.

In paragraph 4 omit “in the case of a petition mentioned in section 122(2) or (3) or”.

For paragraph (1) of the Prayer substitute—

“(1)

That it may be determined [that the result of the referendum was not in accordance with the votes cast]* [that the referendum is avoided]* [that the referendum is tainted as mentioned in regulation 13(3) of the 2008 Regulations]*.

* Include or omit as the circumstances require”

Annotations

Marginal citations

M1

Amended by S.I. 1985/1278.

M2

Amended by S.I. 1985/1278.

M3

Amended by S.I. 1985/1278.

M4

Amended by S.I. 1999/1352.

M5

Amended by S.I. 1999/1352.

M6

Amended by S.I. 1999/1352.

M7

Amended by S.I. 1985/1278.

M8

Amended by S.I. 1985/1278.

M9

Amended by S.I. 1985/1278.