Schedule 7 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 2012 Regulations” means the Local Authorities (Conduct of Referendums) (England) Regulations 2012;”.
	After the definition of “local election petition” insert—
	“ “referendum petition” means a petition under the 2012 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 2012 Regulations. ”
Rule 2(3) M2	After “local government Act” insert “ and referendums under the 2012 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 M4	Omit.
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—
	(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 17(5) of the 2012 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. 1985/1248.
M4: Amended by S.I. 1985/1278.
M5: Amended by S.I. 1999/1352.
M6: Amended by S.I. 1999/1352.
M7: Amended by S.I. 1999/1352.
M8: Amended by S.I. 1985/1278.
M9: Amended by S.I. 1985/1352.