Paragraph 1 Interpretation

After “election”, in each place, substitute “ or referendum ”.

(a) for “elections of county councillors” substitute “ referendums by or in respect of a county ”, and

(b) for “elections of London borough or district councillors” substitute “ referendums by or in respect of a London borough or district ”.

In subsection (3) for “local government elections” substitute “ referendums ”.

In subsection (4) for the words from “by a returning officer” to “London borough)” substitute “ by a counting officer for a voting area in relation to the holding of a referendum ”.

In subsection (6) for the words from the beginning to “councillor, the council” substitute “ Before a poll is taken at such a referendum as is referred to in subsection (4), the authority ”.

In subsection (1) for “the returning officer at a local government election” substitute “ the counting officer at a referendum ”.

(b) for “an election held under those Acts” substitute “ a referendum ”.

In subsection (1) after “local government election” and “local government elections”, in each place, insert “ or referendum ” or “or referendums” respectively.

F2In subsection (1A)—

For subsections F3subsections (2) to (3A) substitute—

“(2)

A person shall be guilty of an offence if—

(a)

that person votes on his or her own behalf otherwise than by proxy—

(i)

more than once in the same voting area,

(ii)

in more than one voting area, or

(iii)

in any voting area where there is in force an appointment of a person to vote as his or her proxy in the referendum in another voting area, or

(b)

that person votes on his or her own behalf in person and is entitled to vote by post, or

(c)

that person votes on his or her own behalf in person knowing that a person appointed to vote as his or her proxy has already voted in person or is entitled to vote by post, or

(d)

that person applies for a person to be appointed as his or her proxy to vote for him or her without applying for the cancellation of a previous appointment of a third party then in force or without withdrawing a pending application for such an appointment.

(3)

A person shall be guilty of an offence if—

(a)

that person votes as proxy for the same person either—

(i)

more than once in the same voting area, or

(ii)

in more than one voting area, or

(b)

that person votes in person as proxy for a person and is entitled to vote by post as proxy for someone whom he or she already knows to have voted in person.

F4(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”

F5In subsection (3B)—

(a) omit paragraphs (a)(i) and (ii) and (b);

(b) after “local government election” and “local government elections” in each place they occur, insert “or referendum” or “or referendums” respectively;

(c) in paragraph (a)(iv) and (c)(ii), after “those elections” insert “or referendums”.

For subsection (6A) substitute—

“(6A)

A person is not guilty of an offence under subsection (2)(b) only by reason of his or her having marked a tendered ballot paper in pursuance of rule 29 of the Local Government Act Referendums Rules or rule 31 of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums)(England) Regulations 2012.”

In subsection (1)(a) after “election” insert “ or referendum ”.

In subsection (3) after “local government election” in both places insert “ or referendum ”.

In subsection (4)(a) after “election” insert “ or referendum ”.

(a) after “election”, in the first place it occurs, insert “ or referendum ”, and

In subsection (3) for “clerk” substitute “ person ”.

For subsection (1)(b) substitute—

“(b)

every polling observer, so attending,”.

F8In subsection (6A), in the definition of “relevant election” (in which all references to “election” are modified to be construed as references to “referendum” by paragraph 1(2)(a) of this Schedule)—

In subsection (1) after “local government election” insert “ or referendum ”.

(a) after “section 36” insert “ above, or regulations made under section 9MG of the Local Government Act 2000 ”, and

(b) after “the rules”, insert “ or, as the case may be, the regulations ”.

(a) for the words from “electoral area for which” to “that electoral area” substitute “ voting area ”, and

(b) after the words “that section” insert “subject to the substitution in subsection (5) of that section, for the word “ candidate ” of the word “person” ”, and

In subsection (1) for the words from “from giving his vote” to the end substitute “ from giving his or her vote in the referendum in a voting area wholly or partly within the police area ”.

In subsection (1)(a)(i) after “Great Britain” insert “ or at any referendum ”.

For “the local government Act” substitute “ the Local Authority (Conduct of Referendums) (England) Regulations 2012 ”.

In subsection (1)(a) for the words from “in the county” to “adjoins”, substitute “ for the voting area in which the offence is alleged to have been committed ”.

In subsections (1), (5) and (7) after “local government election” insert “ or referendum ”.

In subsection (2), after “related areas”, insert “ or the polls at elections and a referendum ”.

(a) after “elections”, in the first place where that word appears, insert “ or elections and a referendum (as the case may be) ”,

(b) after “one election” insert “ or the referendum ”, and

(c) after “elections”, in the second place where that word appears, insert “ or the elections and the referendum (as the case may be) ”.

(a) after “Representation of the People Acts”, insert “ or the Local Government Act 2000 ”, and

(b) in paragraph (c) for “candidates” substitute “ any campaign organiser within the meaning of regulation 6 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ”.

(a) in paragraph (b) for “candidates” substitute “ campaign organisers ”, and

(b) for “section 75(1) of the 1983 Act (restriction on third party election expenditure)” substitute “ regulation 6 of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ”.

At the end of subsection (7)(a) insert “ or the Local Government Act 2000 ”.

In subsection (11) for the words after “means”, substitute “ a county council, district council or a London borough council. ”

In subsection (1) at the end insert “ ; and as regards referendums ”.

In paragraphs 2 to 7, 7C and 7D, except in paragraphs 3(1), 3(2), 3(4)(a)(i), F133(4)(aa), 3(5)(ca), 6(7), 7(4)(a) F14, 7(6)(a)(i), 7(6)(aa) and 7(9)(ca), after “local government election”, “local government elections”, “elections” and “election”, insert, as the context requires, “ or a referendum ”, “or referendums”, or “or the referendum”.

In paragraphs 3(1) and 3(2) for “or at both” substitute “ or at referendums, or at any combination of such polls ”.

In paragraphs 3(4)(a)(i) and 7(6)(a)(i) for “or both” substitute “ or referendums, or at any combination of such polls ”.

F15In paragraphs 3(4)(aa), 3(5)(ca), 7(6)(aa) and 7(9)(ca), for “(or both)” substitute “or referendums, or at any combination of such polls”.

In paragraphs 6(7) and 7(4)(a) for “or at both” substitute “ or at referendums, or at any combination of such polls ”.

In subsection (1) after “applies” insert “ or which is held under the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ”.

In subsection (1) after “applies” insert “ or which is held under the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ”.

In subsection (4)(d) for “or (c)” substitute “ , (c) or (ca) ”.

In subsection (1)(a) after “section 42” insert “ as applied by the Local Authorities (Conduct of Referendums) (England) Regulations 2012 ”.

In subsection (5) for the words “election documents” to “Northern Ireland)” substitute “ referendum documents are such documents relating to a referendum ”.

F16In paragraph (1), for the definition of “relevant absent voting application” substitute—

• ““relevant absent voting application” means an application (including a partially completed application) under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000 as applied by the Local Authorities (Conduct of Referendums) (England) Regulations 2012;”.

At the end of paragraph (2)(b) insert—

“, or

(c)

in the case of a referendum, the corresponding rule in the Local Government Act Referendums Rules or the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012.”

(a) after “election”, in each place, insert “ or referendum ”, and

F20In paragraphs (A1), (1A)(a) and (2), after “local government election” insert “or referendum”.

In paragraphs (1) to (3A), after “election” in each place insert “or referendum”.

In paragraph (3D), after “election” in the second and third places it occurs insert “or referendum”.In paragraphs (4) to (5A) and (7)(b), after “election” in each place insert “or referendum”.

F26In paragraph (3F)(a), after “election” in each place it occurs insert “or referendum”.

F28In paragraph (3A)(b)—

In paragraph (5) after “election” insert “or referendum”.

In paragraph (7), after “local government election” insert “or referendum”.

In paragraph (3)(a) for “any candidate or agent” substitute “ those ”.

In paragraph (8) for “candidates or their agents” substitute “ persons entitled to be present by virtue of regulation 68 ”.

In paragraph (5) after “one election” insert “ or referendum, or for an election combined with a referendum ”.

(a) after “elections” insert “ and referendums ”, and

(b) after “election” insert “ or referendum ”.

In paragraph (6) for “the poll at one election is taken with the poll at another election” substitute “ polls are taken together ”.

In paragraph (2)(b) for “election” substitute “ poll ”.

In paragraph (2A)(b) for “election” substitute “ poll ”.

In paragraph (1) for “each candidate” substitute “ those persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 are entitled to attend at the counting of the votes ”.

In paragraph (1) after “each candidate” insert “ and those persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules (as the case may be) within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 are entitled to attend at the counting of the votes ”.

In paragraphs (3) and (4) for “the agents” substitute “ those ”.

In paragraph (1) for “the agents” substitute “ such of those who are entitled to attend as are present ”.

In paragraph (4) for “agents” substitute “ counting observers or agents or both (as the case may be) ”.

In paragraph (2)(b) and (f) for “agents” substitute “ counting observers or agents or both (as the case may be) ”.

After “REPRESENTATION OF THE PEOPLE ACTS” insert “ *[[insert name of council] REFERENDUM] ”.

F37 After “Local government electoral area(s)” insert “ Referendum voting area… ”.

F38After the words “*[local government] election” in both places where they occur, insert “*[referendum]”.

F39After the words “*[electoral area], in both places where they occur, insert “*[voting area]”.

In the note after “election” in each place insert “ or referendum ”.