(1) The provisions set out in column (1) of Tables 1 to 4 below shall have effect in relation to the referendum in Scotland.
(2) The provisions set out in column (1) of Tables 1 to 3 and 5 below shall have effect in relation to the referendum in Wales.
(3) In their application for the purposes of a referendum, the provisions set out in column (1) of the Tables below shall have effect with the modifications shown in column (2) and any other necessary modifications; in particular, except where the context otherwise requires—
(a) a reference to an election shall be construed as a reference to a referendum,
(b) a reference to a constituency shall be construed as a reference to a local government area in Scotland or a county or county borough in Wales,
(c) a reference to voting for, or a vote for, a candidate shall be construed as a reference to voting for, or a vote for, a proposition,
(d) a reference to promoting or procuring the election of a candidate, or furthering a person’s candidature, shall be construed as a reference to promoting or procuring a particular result in a referendum,
(e) a reference to the return of a person shall be construed as a reference to a particular result in a referendum,
(f) a reference to a person voting as an elector shall be construed as a reference to a person voting on his own behalf,
(g) a reference to a person’s entitlement as an elector to an absent vote shall be construed as a reference to a person’s entitlement to vote by post on his own behalf or to vote by proxy,
(h) where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents shall be ignored,
(i) a reference to anything being prescribed shall be construed as a reference to its being provided for by a provision of subordinate legislation applied by this Schedule,
(j) a form which is required to be used may be used with such variations as the circumstances may require, and
(k) a reference to the registration officer is a reference to the relevant registration officer appointed under section 8 of the Representation of the People Act 1983; and for the purpose of the exercise of a registration officer’s functions in relation to a referendum, sections 52(1) to (4) (discharge of registration duties) and 54(1), (3) and (4) (payment of expenses of registration) of the 1983 Act shall have effect.
REPRESENTATION OF THE PEOPLE ACT 1983
For subsections (1) to (8) substitute—
(1) Every voting area shall be divided into the same polling districts, each with the same polling place, as have effect for the purposes of local government elections.
(2) Subsection (1) shall have effect subject to any direction of a returning officer changing polling districts or places where he considers it necessary to do so by reason of special circumstances.
(3) In this section “ voting area ” means a local government area in Scotland or a county or county borough in Wales.
In subsection (5)—
(a) omit “a parliamentary or”, and
(b) omit “prevent the rejection of the vote on a scrutiny, or”.
For subsections (2) to (4) substitute—
(2) A person shall be guilty of an offence if—
(a) he votes on his own behalf otherwise than by proxy—
(i) more than once in the same electoral area,
(ii) in more than one electoral area, or
(iii) in any electoral area when there is in force an appointment of a person to vote as his proxy in the referendum in another electoral area, or
(b) he votes on his own behalf in person and is entitled to vote by post, or
(c) he votes on his own behalf in person knowing that a person appointed to vote as his proxy has already voted in person or is entitled to vote by post, or
(d) he applies for a person to be appointed as his proxy to vote for him without applying for the cancellation of a previous appointment of a third person then in force or without withdrawing a pending application for such an appointment.
(3) A person shall be guilty of an offence if—
(a) he votes as proxy for the same person either—
(i) more than once in the same electoral area, or
(ii) in more than one electoral area, or
(b) he votes in person as proxy for a person and is entitled to vote by post as proxy for that person, or
(c) he votes in person as proxy for someone whom he knows already to have voted in person.
(4) A person shall also be guilty of an offence if he votes as proxy in any electoral area for more than two persons of whom he is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.
(4A) In this section a reference to voting more than once is, in relation to the referendum in Scotland, a reference to voting more than once with either or both of the two forms of ballot paper.
For subsection (1)(b) substitute—
(b) every Member of Parliament or councillor so attending
For subsection (1) substitute—
(1) Subject to the provisions of this section, any person is entitled, for the purpose of holding a public meeting to promote a particular result in a referendum, to use free of charge at reasonable times during the campaign period any meeting room to which this section applies.
(1A) In subsection (1) “ the campaign period ” means the period of 17 days ending with the day before the date of the referendum.
In subsection (5), for “candidate” substitute “ person ” .
For subsection (2) substitute—
(2) This section applies to a meeting in connection with a referendum held during the campaign period.
(2A) In subsection (2) “ the campaign period ” means the period of 17 days ending with the day before the date of the referendum.
In subsection (1), for the words from “from giving his vote” to the end substitute “ from giving his vote, in a referendum, in a local government area wholly or partly within the police area ” .
For subsection (3) substitute—
(3) A person acting in contravention of this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
This section has effect only for the purposes of the application of section 173; and—
(a) a reference in subsection (4) or (5) to an election is not affected by paragraph 13(3)(a) of this Schedule, and
(b) for subsection (5)(a) and (b), and the words in subsection (5) after paragraph (b), substitute—
for or within any voting area where, or in relation to which, the illegal practice occurred.
(5A) In subsection (5) “ voting area ” means a local government area in Scotland or a county or county borough in Wales.
For “in the county in which the local government area for which the election was held is situated or which it adjoins” substitute “ in the county or county borough where, or in relation to which, the offence is alleged to have been committed ” .
PARLIAMENTARY ELECTIONS RULES (SCHEDULE 1 TO THE REPRESENTATION OF THE PEOPLE ACT 1983)
For paragraph (2) substitute—
(2) The official mark shall be kept secret.
For “in the statement of persons nominated include” substitute “ publish, not later than the tenth day before the date of the referendum, ” .
In paragraph (1), for the words from “but he shall not appoint” to the end substitute “ and the counting officer shall appoint and pay such persons as may be necessary for the purpose of the counting of the votes ” .
For paragraph (5) substitute—
(5) In every compartment of every polling station a notice shall be exhibited.
(5A) In Scotland, the notice shall be in the following form:
’Read the ballot papers carefully. On each ballot paper, mark a cross (X) in the box to the right of the proposition you are voting for. Put no other mark on the ballot papers or your vote may not be counted.’.
(5B) In Wales, the notice shall be in the following form:
’Mark one box only. Put no other mark on the ballot paper or your vote may not be counted.’
Marciwch un blwch yn unig. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio neu fe all na chaiff eich pleidlais ei chyfrif.
In paragraph (1), for sub-paragraphs (a) and (b) substitute—
(a) the Member of Parliament for the constituency within which the polling station is situated;
(b) a member of the council for—
(i) in Scotland, the local government area, or
(ii) in Wales, the county or county borough,
within which the polling station is situated;
For paragraphs (1) and (2) substitute—
(1) The presiding officer may put to any person applying for a ballot paper at the time of his application, but not afterwards, one or both of the relevant questions.
(2) In the case of a person applying to vote on his own behalf, the relevant questions are—
(a) ’Are you the person registered in the register of local government electors [for this local government area] [for this county] [for this county borough] as follows?’ ( read the whole entry from the register .)
(b) ’Have you already voted, here or elsewhere, in this referendum, otherwise than as a proxy for some other person?’.
(2A) In the case of a person applying as proxy, the relevant questions are—
(a) ’Are you the person whose name appears as A.B. in the list of proxies for this referendum as entitled to vote as proxy on behalf of C.D.?’
(b) ’Have you already voted here or elsewhere in this referendum as proxy on behalf of C.D.?’.
(2B) In the case of a person applying as proxy, the presiding officer may put the following additional question—
’Are you the husband [wife], parent, grandparent, brother [sister], child or grandchild of C.D.?’
and if that question is not answered in the affirmative the following question—
’Have you already voted in this referendum in this electoral area on behalf of two persons of whom you are not the husband [wife], parent, grandparent, brother [sister], child or grandchild?’
In the case of the referendum in Wales, article 5 of, and Forms 1 to 3 in Schedule 2 to, the Representation of the People (Welsh Forms) Order 1989 (which prescribe Welsh versions of questions) shall have effect in relation to rule 35 as applied in this Table, with the following modifications—
(a) in Form 1—
(i) for “seneddol” substitute “ llywodraeth leol ” ,
(ii) for “yr etholiad hwn” substitute “ [y sir hon] [y fwrdeistref sirol hon] ” , and
(iii) for “yr is-etholiad [etholiad cyffredinol] hwn” substitute “ y refferendwm hwn ” ,
(b) in Form 2, for “yr etholiad hwn” and “yr is-etholiad [etholiad cyffredinol] hwn” substitute “ y refferendwm hwn ” , and
(c) in Form 3, for “yr etholiad hwn ac yn yr etholaeth hon” substitute “ y refferendwm hwn yn y rhanbarth etholiadol hwn ” .
For “a candidate or his election or polling agent” substitute “ a Member of Parliament or a member of the council for a local government area in Scotland or a county or county borough in Wales ” .
After “returning officer” insert “ and the counting officer ” .
In paragraph (5), for “election agent” substitute “ observer present at the verification ” .
In paragraph (6), for “in so far as he and the agents agree” substitute “ , if his Chief Counting Officer approves, ” ; and omit from “For the purposes of this exception” to the end.
For paragraph (7) substitute—
(7) During the excluded time the counting officer shall take proper precautions for the security of the ballot papers and documents.
For “election now being held in this constituency”—
(a) in the case of the referendum in Scotland substitute “ referendum now being held in Scotland under section 1(1) of the Referendums (Scotland and Wales) Act 1997 ” , and
(b) in the case of the referendum in Wales substitute “ referendum now being held in Wales under section 2(1) of the Referendums (Scotland and Wales) Act 1997 ” .
For “said election” in each place substitute “ said referendum ” .
In the case of the referendum in Wales, article 5 of, and Form 6 in Schedule 2 to, the Representation of the People (Welsh Forms) Order 1989 (which prescribe a Welsh version of the form of declaration to be made by the companion of a blind voter) shall have effect in relation to the form in the Appendix as applied in this Table, with the following modifications—
(a) for “yr etholiad a gynhelir yn awr yn yr etholaeth hon” substitute “ y refferendwm yng Nghymru a gynhelir yn awr o dan adran 2(1) Deddf Refferenda ( Yr Alban a Chymru) 1997 ” , and
(b) for the second and third “yr etholiad” substitute “ y refferendwm ” .
THE REPRESENTATION OF THE PEOPLE ACT 1985
In the application of any provision of the 1985 Act to a referendum, a reference to prescribed requirements is to be construed as a reference to the requirements of the provisions of—
(a) in the case of the referendum in Scotland, the Representation of the People (Scotland) Regulations 1986, and
(b) in the case of the referendum in Wales, the Representation of the People Regulations 1986,
as applied by Tables 4 and 5.
In subsection (1), for “at a parliamentary or local government election” substitute “ in a referendum ” .
In subsection (5) for “constituency or, as the case may be, electoral area” substitute “ local government area in Scotland or county or county borough in Wales ” .
For subsection (6) substitute—
(6) For the purposes of the provisions of this Act and the Representation of the People Act 1983, a person entitled to vote in a referendum on his own behalf is entitled to vote by post or by proxy if he is shown in the absent voters list for the referendum.
In subsection (7), for the definition of “ appropriate rules ” substitute—
“ appropriate rules ” means the parliamentary elections rules as they have effect for the purposes of a referendum.
In subsection (1)—
(a) for “at a particular parliamentary or local government election” substitute “ in a referendum ” , and
(b) for paragraph (b) substitute—
(b) he is satisfied that the applicant will be entitled to vote in the referendum,
In subsection (2)—
(a) for “elections of the kind in question”, in each place, substitute “ local government elections ” , and
(b) for “in respect of a particular parliamentary or local government election” substitute “ in respect of a referendum ” .
In subsection (4)—
(a) for “in respect of each parliamentary or local government election” substitute “ in respect of a referendum ” ,
(b) for paragraph (a)(ii) substitute—
(ii) those who are shown in the record kept under section 6 of this Act as voting by post at local government elections, together with the addresses provided by them in their applications under that section or, as the case may be, subsection (2) above as the addresses to which their ballot papers are to be sent,
(c) for paragraph (b) substitute—
(b) a list (“the list of proxies”) of those whose applications under this section to vote by proxy in the referendum have been granted or who are shown in the record kept under section 6 of this Act as voting by proxy at local government elections, together with the names and addresses of those appointed as their proxies.
In subsection (1), for “at any parliamentary or local government election” substitute “ in a referendum ” .
For subsection (2) substitute—
(2) The elector cannot have more than one person at a time appointed as proxy to vote for him in the referendum.
In subsection (3A)—
(a) for “at a local government election” substitute “ in a referendum ” , and
(b) for “at that election as an elector” substitute “ in the referendum on his own behalf ” .
For subsection (5) substitute—
(5) A person is not entitled to vote as proxy in any electoral area in a referendum on behalf of more than two electors of whom that person is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.
For subsection (7) substitute—
(7) Where the elector applies to the registration officer for the appointment of a proxy to vote for him in a referendum the registration officer shall make the appointment if the application meets the prescribed requirements and he is satisfied that the elector is or will be—
(a) entitled to vote in the referendum, and
(b) entitled to vote by proxy in the referendum by virtue of an application under section 7 of this Act,
and that the proxy is capable of being and willing to be appointed.
For subsections (9) and (10) substitute—
(9) The appointment shall remain in force for the referendum, unless cancelled by notice from the elector to the registration officer.
In subsections (1), (3) and (9), for “parliamentary or local government election” substitute “ referendum ” .
In subsections (8) and (9), for “elections of the kind in question” substitute “ local government elections ” .
In subsection (10), for “is or will be registered in the register of parliamentary electors, local government electors, or both (as the case may be)” substitute “ will be entitled to vote in the referendum ” .
THE REPRESENTATION OF THE PEOPLE (SCOTLAND) REGULATIONS 1986
For the words from “more than one ballot paper” to the end substitute “ more than one of each form of ballot paper in respect of that elector ” .
For paragraph (2) substitute—
(2) Every ballot box shall, while empty, be locked by the returning officer and sealed with his seal in such manner as to prevent its being opened without breaking the seal.
In paragraph (1)—
(a) for “his postal paper” substitute “ a postal ballot paper ” , and
(b) for “the spoilt postal ballot paper” substitute “ both forms of ballot paper ” .
In paragraph (3)—
(a) for “another postal ballot paper or, as the case may be, ballot papers” substitute “ replacement ballot papers ” , and
(b) for “another ballot paper (or ballot papers)” substitute “ replacement ballot papers ” .
In paragraph (5), for the words “The spoilt postal ballot paper, and any other postal ballot paper issued with it under regulation 76 above,” substitute “ The returned postal ballot papers ” .
In paragraph (4) for the words from “and every such ballot box” to the end substitute “ ; and every ballot box shall, while empty, be locked by the returning officer and sealed with his seal in such manner as to prevent its being opened without breaking the seal. ” .
For paragraph (1) substitute—
(1) The returning officer shall, as soon as possible after the Chief Counting Officer for Scotland has made the certification required by section 1(7) of the Referendums (Scotland and Wales) Act 1997, forward to the Secretary of State—
(a) any packets referred to in regulations 86, 87, 91 and 92, endorsing on each packet a description of its contents and the name of the local government area for which the returning officer acts, and
(b) a statement of the number of postal ballot papers issued by him in such form, and giving such details about the papers, as the Secretary of State may require.
On the front of the card—
(a) for the heading “REPRESENTATION OF THE PEOPLE ACTS” substitute “ REFERENDUM ” , and
(b) for “Constituency” substitute “ Local government area ” .
On the back of the card—
(a) for the heading substitute “ REFERENDUM ” ,
(b) in paragraph 2, for “a ballot paper” substitute “ one of each of two forms of ballot paper (unless you ask for only one) ” ,
(c) in paragraph 2, for “on it” substitute “ on each form of ballot paper ” ,
(d) for paragraphs 3 to 5 substitute—
(3) Take the ballot papers to one of the voting compartments and read them carefully.
(4) On each ballot paper mark a cross (X) in the box to the right of the proposition you are voting for. Put no other mark on the ballot paper or your vote may not be counted.
(5) Fold each ballot paper in two. Show the official mark to the presiding officer, but do not let anyone see your vote. Put the ballot papers in the ballot box and leave the polling station.
On the back of the card, for “elector’s ballot paper” substitute “ elector’s ballot papers ” .
For the heading “ELECTION IN THE.................... CONSTITUENCY” substitute “ REFERENDUM.................... LOCAL GOVERNMENT AREA ” .
For “constituency named above” and “above constituency” substitute “ local government area named above ” .
For “election” in each place substitute “ referendum ” .
On the front of the form, for the heading “REPRESENTATION OF THE PEOPLE ACTS” substitute “ REFERENDUM ” .
For “Ballot Paper No. ” substitute “ Ballot Paper Nos. ” .
For “the ballot paper numbered as above was sent” substitute “ the ballot papers numbered as above were sent ” .
On the back of the form—
(a) for paragraphs 2 and 3 substitute—
(2) Read the ballot papers carefully.
(3) On each ballot paper mark a cross (X) in the box to the right of the proposition you are voting for. Put no other mark on the ballot paper or your vote may not be counted.
(b) in paragraph 4, for “ballot paper” in each place substitute “ ballot papers ” ,
(c) for paragraph 5 substitute—
(5) If you receive more than one of either form of ballot paper, remember that it is illegal to vote more than once (otherwise than as proxy) with the same form of ballot paper.
(d) in paragraph 6, for “election” substitute “ referendum ” , and
(e) for paragraph 7 substitute—
(7) If you inadvertently spoil either form of ballot paper, you can apply to the returning officer for another one. To do this you MUST RETURN ALL OF THE POSTAL BALLOT PAPERS YOU HAVE RECEIVED, including the spoilt ballot paper. In addition, in your application for fresh postal ballot papers you MUST RETURN, in your own envelope, the declaration of identity and the envelopes marked “A” and “B”. Remember that there is little time available if fresh postal ballot papers are to be issued and counted.
THE REPRESENTATION OF THE PEOPLE REGULATIONS 1986
The reference to Form E is to be construed as a reference to the form of elector’s official poll card in Part II of the Schedule to the Representation of the People (Welsh Forms) Order 1986 with the following modifications—
(a) on the front of the card, for “REPRESENTATION OF THE PEOPLE ACTS” and “DEDDFAU CYNRYCHIOLAETH Y BOBL” substitute “ REFERENDUM ” and “ REFFERENDWM ” ,
(b) on the front of the card, for “Constituency” and “Etholaeth” substitute “ County / County Borough ” and “ Sir / Bwrdeistref Sirol ” ,
(c) on the back of the card, for “PARLIAMENTARY ELECTION” and “ETHOLIAD SENEDDOL” substitute “ REFERENDUM ” and “ REFFERENDWM ” ,
(d) on the back of the card, for the third paragraph in English substitute—
Take the ballot paper to one of the voting compartments and read it carefully. On the ballot paper mark a cross (X) in the box to the right of the proposition you are voting for. Put no other mark on the ballot paper or your vote may not be counted.
(e) on the back of the card, for the third paragraph in Welsh substitute—
Ewch â’r papur pleidleisio i un o’r cabanau pleidleisio a darllenwch ef yn ofalus. Ar y papur pleidleisio rhowch groes (X) yn y blwch i’r dde o’r gosodiad yr ydych yn pleidleisio drosto. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio neu fe all na chaiff eich pleidlais ei chyfrif.
(f) on the back of the card, in the penultimate and final paragraphs in English and in Welsh, for “this election” and “yr etholiad hwn” substitute “ the referendum ” and “ y refferendwm ” ,
(g) on the back of the card, omit the fifth paragraph in English and in Welsh.
The reference to Form F is to be construed as a reference to the form of proxy’s official poll card in Part II of the Schedule to the Representation of the People (Welsh Forms) Order 1986 with the following modifications—
(a) on the front of the card, omit “REPRESENTATION OF THE PEOPLE ACTS” and “DEDDFAU CYNRYCHIOLAETH Y BOBL”,
(b) on the front of the card, for “PARLIAMENTARY ELECTION” and “ETHOLIAD SENEDDOL” substitute “ REFERENDUM ” and “ REFFERENDWM ” ,
(c) on the front of the card, for “Etholaeth” and “Constituency” substitute “ Sir / Bwrdeistref Sirol ” and “ County / County Borough ” ,
(d) on the back of the card, in the penultimate and final paragraphs in English and in Welsh, for “this election” and “yr etholiad hwn” substitute “ the referendum ” and “ y refferendwm ” .
For the words from “shall be” to the end substitute “shall be in the form of Form 3 in Schedule 1 to the Representation of the People (Welsh Forms) Order 1989 with the following modifications—
(a) on the front of the form, for the headings substitute—
REFFERENDWM
, (b) on the back of the form, for paragraphs 2 and 3 in English substitute—
(2) Read the ballot paper carefully. On the ballot paper mark a cross (X) in the box to the right of the proposition you are voting for. Put no other mark on the ballot paper or your vote may not be counted. If you cannot vote without assistance, the person assisting you must not disclose how you have voted.
(c) on the back of the form, for paragraphs 2 and 3 in Welsh substitute—
(2) Darllenwch y papur pleidleisio yn ofalus. Ar y papur pleidleisio rhowch groes (X) yn y blwch i’r dde o’r gosodiad yr ydych yn pleidleisio drosto. Peidiwch aj rhoi unrhyw farc arall ar y papur pleidleisio neu fe all na chaiff eich pleidlais ei chyfrif. Os na fedrwch bleidleisio heb gymorth, rhaid i’r person sy’n eich cynorthwyo beidio â datgelu sut yr ydych wedi pleidleisio.
(d) on the back of the form, in paragraph 5 in English and in Welsh, for “same election” and “yr un etholiad” substitute “ referendum ” and “ y refferendwm ” ,
(e) on the back of the form, in paragraph 6 in English and in Welsh, for “this election” and “yr etholiad hwn” substitute “ the referendum ” and “ y refferendwm ” , and
(f) on the back of the form, renumber paragraphs 4 to 7 in English and in Welsh accordingly.”
For paragraph (2) substitute—
(2) Every ballot box shall, while empty, be locked by the returning officer and sealed with his seal in such manner as to prevent its being opened without breaking the seal.
In paragraph (3)—
(a) omit “or, as the case may be, ballot papers”, and
(b) omit “(or ballot papers)”.
In paragraph (4) for the words from “and every such ballot box” to the end substitute “ ; and every ballot box shall, while empty, be locked by the returning officer and sealed with his seal in such manner as to prevent its being opened without breaking the seal. ” .
For paragraph (1) substitute—
(1) The returning officer shall, as soon as possible after the Chief Counting Officer for Wales has made the certification required by section 2(7) of the Referendums (Scotland and Wales) Act 1997, forward to the Secretary of State—
(a) the packets referred to in regulations 88, 89, 93 and 94, endorsing on each packet a description of its contents and the name of the county or county borough for which the returning officer acts, and
(b) a statement of the number of postal ballot papers issued by him in such form, and giving such details about the papers, as the Secretary of State may require.
