# The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008, Schedule 6: Modifications of the Election Petition Rules 1960

Extent: E+W

(1) Provision modified
(2) Modification
Rule 2(2)
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)
After “local government Act” insert “ and referendums under the 2008 Regulations ”.
Rule 4(1)
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
Omit.
Rule 12(3)
For “the election” substitute “ the referendum ”.
Rule 14(2)
For “the election may” substitute “ the referendum may ”.
Rule 16(3)
For “the election may” substitute “ the referendum may ”.
Rule 18
After “local election petition” insert “ or a referendum petition ”.
The Schedule
For “a Parliamentary (or Local Government) Election for (state place) ....................” substitute “ a referendum in (state area) ”.
In paragraph 1—
(a)for “election”, in the first place where that word occurs, substitute “ referendum ”,
(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”

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Source: https://www.legislation.gov.uk/wsi/2008/1848/schedule/6 (the official version)
Page: https://openlegislation.uk/local-authorities-conduct-of-referendums-wales-regulations-2008/schedule-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.