Paragraph 8
The provisions of the relevant regulations listed in the first column of the table apply for the purposes of the referendum (subject to sub-paragraphs (4) and (5); and for this purpose the relevant regulations are—
the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) (referred to in this paragraph as “the England and Wales Regulations”), and
the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) (referred to in this paragraph as “the Scotland Regulations”).
In their application by virtue of this paragraph, those provisions have effect—
with the modifications (if any) shown in the second column of the table, and
with any other necessary modifications, including in particular those set out in sub-paragraph (3).
Except where the context otherwise requires—
a reference to a provision that is applied by this Schedule has effect as a reference to that provision as so applied;
expressions are to be construed in accordance with the definitions listed in section 7 of this Act and rule 53 of the referendum rules.
Part 5 of the England and Wales Regulations does not apply for the purposes of the referendum in so far as it is taken together with the poll for the Welsh Assembly general election under section 4(2).
Part 5 of the Scotland Regulations does not apply for the purposes of the referendum in so far as it is taken together with the poll for the Scottish parliamentary election under section 4(3).
In relation to the referendum—
regulation 45B(2) of the Scotland Regulations (restrictions on supply etc of record of anonymous entries) has effect as if after sub-paragraph (a) there were inserted—
“(aa)a deputy of the registration officer acting in that other capacity;”and as if the references in sub-paragraph (b) to “that officer” were to “a person mentioned in sub-paragraph (a) or (aa)”;
regulation 94(2) of the England and Wales Regulations (restrictions on supply etc of full register) has effect as if after sub-paragraph (b) there were inserted—
“(ba)the Chief Counting Officer and any Regional Counting Officer;
(bb)any deputy of the Chief Counting Officer or any Regional Counting Officer;”and as if the references in sub-paragraph (c) to “any person mentioned in paragraph (a) or (b)” and “any such officer” were references to “a person mentioned in sub-paragraph (a), (b), (ba) or (bb)”;
regulation 94(2) of the Scotland Regulations (restrictions on supply etc of full register) has effect as if after sub-paragraph (a) there were inserted—
“(aa)any deputy of the registration officer acting in that other capacity,
(ab)the Chief Counting Officer and any Regional Counting Officer,
(ac)any deputy of the Chief Counting Officer or any Regional Counting Officer,”and as if the references in sub-paragraph (b) to “that officer” were to “a person mentioned in sub-paragraph (a), (aa), (ab) or (ac)”.
The provisions of the relevant regulations that apply for the purposes of the referendum by virtue of this paragraph are in addition to the provisions of the regulations that would apply for those purposes in any event.
| Provision | Modification |
|---|---|
| Regulation 3(1) and (3) (interpretation) | |
| Regulation 4 (forms) | In paragraph (1)—
Paragraph (2) applies for the purposes of the referendum only in so far as it relates to Form K in Schedule 3 to the regulations. |
| Regulation 5 (applications, notices etc) | |
| Regulation 6 (electronic signatures) | |
| Regulation 8 (time) | |
| Regulation 11 (interference with notices etc) | |
| Regulation 32A (representations regarding clerical errors) | |
| Regulation 36(2) and (3) (notices in connection with registration) | In paragraph (2) omit “13A(2) or”. |
| Regulation 36A (communication of notices issued on polling day) | |
| Regulation 50 (interpretation of Part 4) | Omit the definition of “allotted polling station”. |
| Regulation 51 (general requirements for applications for an absent vote) | For “Schedule 4” substitute “ Part 1 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. In paragraph (2)—
Omit paragraph (4). For paragraph (5) substitute—
|
| Regulation 51A (additional provision concerning requirement that applications for absent vote must be signed) | In sub-paragraph (a)—
|
| Regulation 51AA (additional requirement for applications for ballot paper to be sent to different address from that stated in application) | In paragraph (1)—
|
| Regulation 51B (additional requirement for applications for ballot paper to be sent to different address from that shown in records) | In paragraph (1), for sub-paragraphs (a) and (b) substitute “ paragraph 4(5)(a) or 8(5) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 by a person shown as voting by post in the record referred to in that provision ”. |
| Regulation 52 (additional requirements for applications for appointment of proxy) | For “paragraphs 3 and 4 of Schedule 4” substitute “ paragraph 4 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. |
| Regulation 55 (additional requirements for applications for proxy to vote in respect of a particular election) | For paragraph (1) substitute—
In paragraph (2)—
In paragraph (4) of the England and Wales Regulations and in paragraph (3A) of the Scotland Regulations—
|
| Regulation 56 (closing date for applications) | For paragraph (1) substitute—
In paragraph (2)—
For paragraphs (3) and (3A) substitute—
For paragraph (4) substitute—
In paragraph (5)—
In paragraph (6), after “bank holiday” insert “ or any day appointed as a day of public thanksgiving or mourning ”. For paragraph (7) substitute—
|
| Regulation 57 (grant or refusal of applications) | Omit paragraph (3). In paragraph (4), for “Schedule 4” substitute “ Part 1 of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. In paragraph (4A), for sub-paragraphs (a) and (b) substitute—
Omit paragraph (4B). In paragraph (5), for “a particular parliamentary or local government election” substitute “ the referendum ”. For paragraph (6) substitute—
|
| Regulation 59 (cancellation of proxy appointment) | For the words from “by notice given” to the end substitute “ under paragraph 6(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011, or otherwise ceases to be in force by virtue of that provision, the registration officer shall notify the person who was the proxy, unless the registration officer has previously been notified by that person that he no longer wishes to act as proxy. ” |
| Regulation 60A(7) to (9) (requirement to provide fresh signatures at five yearly intervals) | In paragraph (7), for the words from “from the records” to the end substitute “ from the postal voters list, list of proxies or proxy postal voters list (as the case may be) kept under paragraph 5(2), 5(3) or 8(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. In paragraph (8)—
In paragraph (9), for the words from “removal from” to the end substitute
|
| Regulation 61 (records and lists kept under Schedule 4) | In paragraph (1), for the words from “any of the following” to the end substitute “ the current or final version of the postal voters list, the list of proxies or the proxy postal voters lists which he is required to keep under paragraph 5(2), 5(3) or 8(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011. ” In paragraph (5), for “paragraph 5(2) of Schedule 4” substitute “ paragraph 5(2) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. In paragraph (6)—
In paragraph (7), for “paragraph 5(3) of Schedule 4” substitute “ paragraph 5(3) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 ”. |
| Regulation 61A (conditions on the use, supply and inspection of absent voter records or lists) | For “regulations 61(1)(a) and (b)” substitute “ regulation 61(1) ”. |
| Regulation 61B (personal identifiers record) | For paragraph (1) substitute—
In paragraph (3), for sub-paragraph (a) substitute—
|
| Regulation 62 (marked register for polling stations) | |
| Regulation 64 (interpretation of Part 5) | For the definition of “agent” substitute—
In the definition of “valid postal voting statement”, for “returning officer” substitute “ counting officer ”. |
| Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers) | For “returning officer” substitute “ counting officer ”. |
| Regulation 68 (persons entitled to be present at proceedings on receipt of postal ballot papers) | For sub-paragraphs (a) to (c) substitute—
|
| Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) | Before paragraph (1) insert—
For “returning officer” (in each place) substitute “ counting officer ”. Omit paragraph (5). |
| Regulation 70 (notification of requirement of secrecy) | For “returning officer” substitute “ counting officer ”. |
| Regulation 71 (time when postal ballot papers are to be issued) | For paragraph (1) substitute—
In paragraph (2), for “returning officer” substitute “ counting officer ”. |
| Regulation 72 (procedure on issue of postal ballot papers) | In paragraph (8), for sub-paragraphs (a) and (b) substitute “ as mentioned in column 3 of the table in paragraph 5(2) or 8(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011. ” |
| Regulation 73 (refusal to issue ballot paper) | For “returning officer” substitute “ counting officer ”. For “at any one election” substitute “ for the referendum ”. |
| Regulation 74 (envelopes) | In paragraph (1), for “rule 24 of the elections rules” substitute “ rule 12 of the referendum rules ”. |
| Regulation 75 (sealing up of completed corresponding number lists) | For “returning officer” (in both places) substitute “ counting officer ”. |
| Regulation 76 (delivery of postal ballot papers) | In paragraph (1)—
In paragraph (2), for “returning officer” substitute “ counting officer ”. |
| Regulation 77 (spoilt postal ballot papers) | For “returning officer” (in each place) substitute “ counting officer ”. |
| Regulation 78 (lost postal ballot papers) | For “returning officer” (in each place) substitute “ counting officer ”. |
| Regulation 79 (alternative means of returning postal ballot paper or postal voting statement) | For “returning officer” (in each place) substitute “ counting officer ”. In paragraph (1), for “rule 45(1B) of the rules in Schedule 1 to the 1983 Act” substitute “ rule 40(3) of the referendum rules ”. In paragraph (3), for “rule 43(1) of the elections rules” substitute “ rule 38(1) of the referendum rules ”. |
| Regulation 80 (notice of opening of postal ballot paper envelopes) | In paragraph (1)—
In paragraph (2)(b), for “candidate” substitute “ referendum agent ”. |
| Regulation 81 (postal ballot boxes and receptacles) | For “returning officer” (in each place) substitute “ counting officer ”. In paragraph (2), for the words from “constituency” to the end substitute “ voting area ”. In paragraph (4), after “lock the ballot box” insert “ (if it has a lock) ”. |
| Regulation 82 (receipt of covering envelope) | For “returning officer” (in both places) substitute “ counting officer ”. |
| Regulation 83 (opening of postal voters' ballot box) | In paragraphs (1) and (2), for “returning officer” substitute “ counting officer ”. In paragraph (3), for “rule 45 of the elections rules” substitute “ rule 40 of the referendum rules ”. |
| Regulation 84 (opening of covering envelopes) | For “returning officer” (in each place) substitute “ counting officer ”. |
| Regulation 84A (confirming receipt of postal voting statements) | For “returning officer” (in each place) substitute “ counting officer ”. |
| Regulation 85 (procedure in relation to postal voting statements) | For “returning officer” (in each place) substitute “ counting officer ”. |
| Regulation 85A (procedure in relation to postal voting statements: personal identifier verification) | For “returning officer” (in each place) substitute “ counting officer ”. |
| Regulation 85B (postal voting statements: additional personal identifier verification) | For “returning officer” (in each place) substitute “ counting officer ”. In paragraph (4), for “lock and reseal the postal ballot box” substitute “ lock the postal ballot box (if it has a lock) and reseal it ”. |
| Regulation 86 (opening of ballot paper envelopes) | In paragraph (1), for “returning officer” substitute “ counting officer ”. |
| Regulation 86A (retrieval of cancelled postal ballot papers) | In paragraph (1), for “returning officer” substitute “ counting officer ”. In paragraph (2)(f), for “rule 45 of the elections rules” substitute “ rule 40 of the referendum rules ”. In paragraph (3), for “returning officer” substitute “ counting officer ”. |
| Regulation 87 (list of rejected postal ballot papers) | In paragraph (1), for “In respect of any election, the returning officer” substitute “ The counting officer ”. |
| Regulation 88 (checking of lists of rejected postal ballot papers) | For “returning officer” (in each place) substitute “ counting officer ”. In paragraph (3), for the words from “in the constituency” to the end substitute “ in the voting area under rule 38(4) of the referendum rules ”. |
| Regulation 89 (sealing of receptacles) | In paragraph (1), for “returning officer” substitute “ counting officer ”. |
| Regulation 91 (forwarding or retention of documents) | For paragraph (1) substitute—
In paragraph (3), for “returning officer” (in both places) substitute “ counting officer ”. In paragraph (4), for “Rules 56 and 57 of the elections rules” substitute “ Rules 51 and 52 of the referendum rules ”. In paragraph (5), for “returning officer” substitute “ counting officer ”. |
| Regulation 92 (interpretation and application of Part 6) | In paragraph (2), omit the definitions of “relevant conditions” and “research purposes”. In the England and Wales Regulations, in paragraph (7), for the words from “under regulations” to the first “may” substitute “ under regulation 98 may ”. In the England and Wales Regulations, in paragraph (10), for the words from “in regulations” to “below” substitute “ in regulation 98(9) below ”. |
| Regulation 97 of the Scotland Regulations (supply of free copy of full register for electoral purposes and restrictions on use) | For paragraphs (1) to (6) substitute—
In paragraph (7)—
|
| Regulation 98 of the England and Wales Regulations (supply of free copy of full register for electoral purposes and restrictions on use) | For paragraphs (1) to (8) substitute—
In paragraph (9)—
|
| Regulation 115 (offences) | In the England and Wales Regulations, for paragraph (2) substitute—
In the Scotland Regulations, for paragraph (2) substitute—
|
| Regulation 116 (interpretation of Part 7) | In the England and Wales Regulations, in paragraph (1), for “rule 55(1)(e) of the elections rules” substitute “ by virtue of rule 50(2)(f) of the referendum rules ”. In the England and Wales Regulations, after paragraph (1) insert—
In the Scotland Regulations, in paragraph (1)—
In the Scotland Regulations, in paragraph (4), for “returning officer” substitute “ counting officer ”. |
| Regulation 117 (supply of marked registers and lists after an election) | In the England and Wales Regulations, in paragraph (1)—
In the England and Wales Regulations, in paragraph (2)—
In the England and Wales Regulations, in paragraph (6)(b), for “regulations 100, 103, 105, 106, 108, 109 or 113” substitute “ regulations 100, 106, 109 and 113 ”. In the England and Wales Regulations, in paragraph (7), for “regulations 100(3), 103(3), 105(4), 106(3), 108(5) and 109(3)” substitute “ regulations 100(3), 106(3) and 109(3) ”. In the Scotland Regulations, for “returning officer” (in each place) substitute “ counting officer ”. In the Scotland Regulations, in paragraph (1)—
In the Scotland Regulations, in paragraph (2)—
In the Scotland Regulations, in paragraph (6)(b), for “regulations 99, 102, 104, 105, 107, 108 or 112” substitute “ regulations 99, 105, 108 and 112 ”. In the Scotland Regulations, in paragraph (7), for “regulation 99(3), 102(3), 104(4), 105(3), 107(5) or 108(3)” substitute “ regulation 99(3), 105(3) or 108(3) ”. |
| Regulation 118 (inspection of documents open to public inspection) | In paragraph (1)(b)—
In the Scotland Regulations, for “returning officer” (in each place) substitute “ counting officer ”. |
| Regulation 119 (conditions on the use, supply and disclosure of documents open to public inspection) | In paragraph (2), omit “either” and after paragraph (ii) insert
|
| Regulation 120 (calculating the fee for supply of marked registers or lists) | |
| In Schedule 3, Form K | For the heading substitute “ REFERENDUM ON THE VOTING SYSTEM FOR UNITED KINGDOM PARLIAMENTARY ELECTIONS ”. For “constituency” substitute “ voting area ”. For “returning officer” (in each place) substitute “ counting officer ”. |