The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

• Citation: S.I. 2010/2837
• Sections: 162

Section 1 Citation, commencement and extent

(1) This Order may be cited as the National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010.

(2) This Order comes into force on the day after the day on which it is made.

(3) The modifications made by this Order have the same extent as the enactments modified.

Section 2 Interpretation etc.

(1) In this Order, except where the context requires otherwise—

“the 1983 Act ” means the Representation of the People Act 1983 ;

“the 2000 Act ” means the Political Parties, Elections and Referendums Act 2000;

“the 2006 Act ” means the Government of Wales Act 2006;

“the 2001 Regulations ” means the Representation of the People (England and Wales) Regulations 2001 ;

“the 2007 Order ” means the National Assembly for Wales (Representation of the People) Order 2007 ;

“absent voter” means an elector who is entitled to vote by proxy in the referendum or an elector or proxy who is entitled to vote by post in the referendum; and absent vote is to be construed accordingly;

“anonymous entry” in relation to a register is to be construed in accordance with section 9B of the 1983 Act and “record of anonymous entries” means the record prepared in pursuance of regulations made by virtue of paragraph 8A of Schedule 2 to the 1983 Act ;

“available for inspection” means available for inspection during ordinary office hours;

“Chief Counting Officer” means the Chief Counting Officer for the referendum ;

“ the Commission ” means the Electoral Commission established by section 1 of the 2000 Act;

“counting agent” means a person appointed under rule 17(1)(b) of the Referendum Rules ;

“counting officer”, in relation to a voting area, means the officer appointed for that area under section 128(3) of the 2000 Act;

“designated counting agent” means a counting agent designated under rule 17(2) of the Referendum Rules;

“disability”, in relation to doing a thing, includes the short term inability to do it;

“elector” means any person entitled to vote on that person’s own behalf in the referendum ;

“electoral number” means a person’s number in the register to be used in the referendum ;

“legal incapacity” includes any disqualification imposed by this Order or by any other enactment;

“list of proxies” means the list kept under paragraph 4(3) of Schedule 1;

“permitted participant” has the same meaning as in section 105(1) of the 2000 Act;

“polling agent” means a person appointed under rule 17(1)(a) of the Referendum Rules;

“postal ballot paper” means a ballot paper issued to a postal voter;

“postal proxy” means a person entitled to vote by post as proxy in the referendum;

“postal voter” means an elector or proxy who is entitled to vote by post in the referendum;

“postal voters list” means the list kept under paragraph 4(2) of Schedule 1;

“postal voting statement” is the form B set out in Schedule 6 that is to be sent with the postal ballot paper to a postal voter in accordance with rule 12 of the Referendum Rules;

“presiding officer” is to be read in accordance with rule 14 of the Referendum Rules;

“proxy postal voters list” means the list kept under paragraph 6(8) of Schedule 1;

“qualifying address” has the same meaning as in section 9(8)(b) of the 1983 Act;

“qualifying Commonwealth citizen” means a Commonwealth citizen who is either—

not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act,

but a person is not a qualifying Commonwealth citizen if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases);

“the referendum” means the referendum under article 3;

“referendum agent” means a person appointed under article 18;

“the referendum period” means the period specified in article 5;

“Referendum Rules” means the rules for the conduct of the referendum set out in Schedule 3;

“register” means the register of local government electors;

“registration officer” has the meaning given by section 8 of the 1983 Act;

“relevant citizen of the Union” means a citizen of the Union who is not a qualifying Commonwealth citizen nor a citizen of the Republic of Ireland and “citizen of the Union” is to be construed in accordance with Article 20 of the Treaty on the Functioning of the European Union;

“relevant registration officer” is to be construed in accordance with rule 42(3) of the Referendum Rules;

“relevant time” means 5p.m. on the eleventh day before the day of the poll in the referendum;

“responsible person” has the same meaning as in section 105(2) of the 2000 Act;

“service voter” means a person who has made a service declaration in accordance with section 15 of the 1983 Act and is registered or entitled to be registered in pursuance of it;

“universal service provider” has the same meaning as in the Postal Services Act 2000 ;

“valid postal voting statement” means a postal voting statement, which, in accordance with paragraph 19 or 20 of Schedule 2, the counting officer is satisfied has been duly completed;

“voter” means a person voting in the referendum and includes a person voting as proxy and, except in the Referendum Rules, a person voting by proxy, and “vote” (whether noun or verb) is to be construed accordingly, except that in those Rules any reference to an elector voting or an elector’s vote includes a reference to an elector voting by proxy or elector’s vote given by proxy; and

“voting area” means a county or county borough in Wales.

(2) For the purposes of this Order a person is to be deemed not to have attained a given age until the commencement of the relevant anniversary of the day of that person’s birth.

(3) A power conferred by this Order to give a direction includes power to vary or revoke the direction.

Section 3 Referendum and date of poll

(1) A referendum is to be held throughout Wales about whether the Assembly Act provisions should come into force .

(2) The poll at the referendum must be held on 3rd March 2011.

Section 4 Referendum question and statement

(1) The question, in English and Welsh, that is to appear on the ballot papers in the referendum is —

Do you want the Assembly now to be able to make laws on all matters in the 20 subject areas it has powers for?”

“A ydych yn dymuno i’r Cynulliad allu llunio deddfau ar bob mater yn yr 20 maes pwnc y mae ganddo bwerau ynddynt?

(2) The statement, in English and Welsh, that is to precede the question on the ballot papers is—

Section 5 Referendum period

For the purposes of Part 7 of the 2000 Act, the referendum period for the referendum begins with the date on which this Order comes into force and ends with the date of the poll at the referendum.

Section 6 Polling districts and polling places

(1) Every voting area must be divided into the same polling districts, each with the same polling place, as would have effect for the purposes of local government elections if held for that area on the day of the poll at the referendum.

(2) Paragraph (1) has effect subject to any direction of a counting officer changing polling districts or polling places where the counting officer considers it necessary to do so by reason of special circumstances.

(3) The referendum is not to be questioned by reason of —

(a) any non-compliance with the provisions of this article, or

(b) any irregularity relating to polling districts or polling places.

Section 7 Other voting provisions

(1) Schedule 1 makes further provision about voting in the referendum, including —

(a) provision about the manner of voting (including provision for absent voting); and

(b) provision about the register.

(2) Schedule 2 makes provision about the issue and receipt of postal ballot papers.

(3) A person is not subject to any incapacity to vote in the referendum by reason of being the Chief Counting Officer, a Deputy Chief Counting Officer or a counting officer.

Section 8 Rules for the conduct of the referendum

Schedule 3 makes provision about the rules for the conduct of proceedings in the referendum.

Section 9 The Chief Counting Officer and Deputy Chief Counting Officers

(1) The Chief Counting Officer must do all such acts and things as may be necessary for effectually conducting the referendum in the manner provided by this Order.

(2) The Chief Counting Officer may appoint one or more Deputy Chief Counting Officers.

(3) The appointment of a person to be a Deputy Chief Counting Officer—

(a) must be made in writing, and

(b) may be made on such terms as the person making the appointment thinks fit.

(4) The Chief Counting Officer may authorise a Deputy Chief Counting Officer to exercise any function of the Chief Counting Officer.

(5) When authorised to exercise functions of the Chief Counting Officer, the Deputy Chief Counting Officer must exercise those functions with a view to ensuring the referendum is conducted effectually in the manner provided by this Order.

Section 10 Counting officers

(1) If a counting officer for a voting area dies, resigns or is removed from office, the Chief Counting Officer must appoint another person to be the counting officer for that area.

(2) The counting officer for each voting area must, as regards that area, do all such acts and things as may be necessary for effectually conducting the referendum in the manner provided by this Order.

(3) A counting officer for each voting area is responsible, as regards that area, for—

(a) the conduct of the poll;

(b) the issue and receipt of postal ballot papers for absent voters in the referendum;

(c) the verification of the ballot paper accounts at the poll; and

(d) the counting of the votes cast in the poll.

(4) A counting officer may, in writing, authorise any person appointed by the counting officer to exercise any of the counting officer’s functions.

Section 11 Supplementary

(1) The Chief Counting Officer may give general or specific directions to relevant counting officers —

(a) relating to the discharge of their functions in the referendum;

(b) requiring them to take specified steps in preparation for the referendum; or

(c) requiring them to provide to the Chief Counting Officer any information which the relevant counting officer has or is entitled to have.

(2) It is the duty of a relevant counting officer to whom directions are given under paragraph (1) to discharge the officer’s functions in the referendum in accordance with the directions.

(3) The referendum is not liable to be questioned by reason of a defect in the appointment of the Chief Counting Officer, or a relevant counting officer, if that person was then in actual possession of, or acting in, that office.

(4) Articles 9(4) and 10(4) do not allow the Chief Counting Officer or a counting officer to transfer to another person the duty imposed on each of the under respectively sections 128(5) or (6) of the 2000 Act (Chief Counting Officer and counting officer for referendums).

(5) In this article “relevant counting officer” means—

(a) a Deputy Chief Counting Officer; and

(b) a counting officer.

(6) In paragraph (1)(a) “functions” does not include the counting officer’s function under sections 128(5) of the 2000 Act.

Section 12 Correction of procedural errors

(1) A counting officer may take such steps as the officer thinks appropriate to remedy any act or omission on the officer’s part, or on the part of a relevant person, which —

(a) arises in connection with any function the counting officer or relevant person has in relation to the referendum, and

(b) is not in accordance with the Referendum Rules or any other requirements applicable to the referendum.

(2) A counting officer may not under paragraph (1) re-count the votes given in the referendum once a direction has been given by the Chief Counting Officer under rule 39 of the Referendum Rules.

(3) For the purposes of paragraph (1), each of the following is a relevant person —

(a) a registration officer;

(b) a presiding officer;

(c) a person providing goods or services to the counting officer;

(d) a deputy of any person mentioned in sub-paragraphs (a) to (c); and

(e) a person (“A”) appointed to assist or, in the course of A’s employment, assisting any person (“P”) mentioned in sub-paragraphs (a) to (c) in connection with any function that P has in relation to the referendum.

(4) In this article, references to a counting officer include the Chief Counting Officer and a Deputy Chief Counting Officer.

Section 13 Payments to counting officers

(1) A counting officer is entitled to recover that counting officer’s charges in respect of services rendered, or expenses incurred, for, or in connection with, the referendum if —

(a) the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the referendum, and

(b) the total of the charges does not (subject to paragraph (3)) exceed the amount (referred to in this article as the “overall maximum recoverable amount”) specified in, or determined in accordance with, an Order made by the Welsh Ministers.

(2) An Order under paragraph (1) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of any specified description and, subject to paragraph (3), the counting officer may not recover more than that amount in respect of any such services or expenses.

(3) The Welsh Ministers may, in a particular case, authorise the payment of —

(a) more than the overall maximum recoverable amount, or

(b) more than the specified maximum recoverable amount for any specified services or expenses,

if the Welsh Ministers are satisfied that the conditions in paragraph (4) are met.

(4) The conditions referred to in paragraph (3) are —

(a) that it was reasonable for the counting officer concerned to render the services or incur the expenses; and

(b) that the charges in question are reasonable.

(5) The power to make orders under paragraph (1) is exercisable by statutory instrument and for the purpose of section 1 of the Statutory Instruments Act 1946 this provision is to have effect as if contained in an Act of Parliament.

(6) Any Order under paragraph (1) may make different provision for different purposes and may contain such incidental, supplemental, saving or transitional provision as the Welsh Ministers think fit.

(7) The Welsh Ministers must pay the amount of any charges recoverable in accordance with this article on an account being submitted to them but the Welsh Ministers may, if they think fit, before payment, apply for the account to be taxed under the provisions of article 14.

(8) Where the superannuation contributions required to be paid by a local authority within the meaning of the Local Government Act 1972 in respect of any person are increased by any fee paid in accordance with this article as part of a counting officer’s charges in the referendum then on an account being submitted to the Welsh Ministers, a sum equal to the increase must be paid by the Welsh Ministers to the authority.

(9) On a counting officer’s request for an advance on account of that counting officer’s charges, the Welsh Ministers may, on such terms as they think fit, make such an advance.

(10) The Welsh Ministers may by regulations make provision as to the time when and the manner and form in which accounts are to be rendered to them for the purpose of the payment of a counting officer’s charges and such regulations may make different provision for different purposes.

(11) Any sums payable by the Welsh Ministers in accordance with this article are to be charged on the Welsh Consolidated Fund.

Section 14 Taxation of counting officers’ accounts

(1) An application for a counting officer’s account to be taxed is to be made to the county court and in paragraphs (2) to (5) “the court” means the county court.

(2) On any such application the court has jurisdiction to tax the account in such manner and at such time and place as the court thinks fit, and finally to determine the amounts payable to the counting officer.

(3) On any such application the counting officer may apply to the court to examine any claim made by any person (“the claimant”) against the counting officer in respect of matters charged in the account.

(4) In a case to which paragraph (3) applies, after notice given to the claimant and after giving the claimant an opportunity to be heard and to tender any evidence, the court may allow or disallow or reduce the claim objected to with or without costs.

(5) The determination of the court in accordance with this article is final for all purposes and against all persons.

Section 15 Accounts of the Welsh Ministers

(1) If directed to do so by the Treasury, the Welsh Ministers must prepare accounts in respect of their expenditure in relation to the referendum.

(2) Accounts under this article must be prepared in accordance with directions given to the Welsh Ministers by the Treasury.

(3) Directions under paragraph (2) may include, in particular, directions as to—

(a) the information to be included in the accounts and the manner in which it is to be presented;

(b) the methods and principles in accordance with which the accounts are to be prepared; and

(c) the additional information (if any) that is to accompany the accounts.

(4) The Welsh Ministers must send the accounts under this paragraph to the Auditor General for Wales as soon as may be practicable after the giving of the direction under paragraph (1).

(5) The Auditor General for Wales must —

(a) examine, certify and report on accounts sent under paragraph (4), and

(b) lay a copy of the accounts together with the Auditor General’s report on them before the National Assembly for Wales.

Section 16 Explanatory material

The Commission must take such steps, as they think appropriate, to promote public awareness in Wales about the referendum, the subject matter of the referendum and how to vote in the referendum.

Section 17 Supply of full register to the Commission

Regulation 100 (supply of free copy of full register etc. to Commission and restrictions on use) of the 2001 Regulations applies in relation to the referendum as if—

(a) in paragraph (3)(c), at the end, there were inserted “or Schedule 6 to the Government of Wales Act 2006”, and

(b) references to the 2000 Act were references to that Act as modified by this Order.

Section 18 Referendum agents

(1) A permitted participant may, for any voting area, appoint an individual (who may be the responsible person) to act as the permitted participant’s agent (“referendum agent”).

(2) If a permitted participant appoints a referendum agent for a voting area, the responsible person must give the counting officer for the area notification of the name and home or business address of—

(a) the permitted participant; and

(b) the referendum agent.

(3) The notification must be given before noon on the 16th day before the date of the poll, and rule 2 of the Referendum Rules applies for the purposes of calculating that period of time.

(4) The notification must be in writing and signed by the responsible person.

(5) The duties imposed on a responsible person by this paragraph may be discharged by any person authorised in writing by the responsible person.

(6) If a counting officer is notified under paragraph (2) that a permitted participant has appointed a referendum agent, the counting officer must as soon as practicable give public notice of—

(a) the name and address of the referendum agent; and

(b) the name of the permitted participant.

(7) If—

(a) a permitted participant revokes the appointment of a referendum agent or a referendum agent dies; and

(b) the referendum agent has notified the counting officer of the appointment of a polling or counting agent under rule 17 of the Referendum Rules,

the permitted participant must as soon as possible appoint another referendum agent under this article.

(8) That notification must be made as soon as possible after the appointment of the new referendum agent (rather than in accordance with paragraph (3)).

Section 19 Translations etc. of certain documents

(1) Paragraphs (2) and (3) apply to any document which under or by virtue of this Order is required or authorised to be given to voters or displayed in any place for the purposes of the referendum.

(2) The person who is required or authorised to give or display the document must give or display or otherwise make available in such form as that person thinks appropriate —

(a) the document in Braille;

(b) the document in languages other than English and Welsh;

(c) graphical representations of the information contained in the document; and

(d) other means of making the information accessible to persons who might not otherwise have reasonable access to the information.

(3) The person required or authorised to give or display the document must also make available the information contained in the document in such audible form as that person thinks appropriate.

(4) Paragraphs (2) and (3) do not apply to the ballot paper.

Section 20 Public notices and declarations

(1) A public notice required by or under this Order to be given by a counting officer must be given by posting the notice in some conspicuous place or places in the counting officer’s area.

(2) The notice may also be given in such other manner as the counting officer thinks desirable for publicising it.

(3) Any person before whom a declaration is authorised to be made under this Order may take the declaration.

Section 21 Sending of applications and notices: electronic signatures and related certificates

(1) The requirement in this Order that any application or notice should be in writing is satisfied where (apart from the usual meaning of that expression) the text of it —

(a) is transmitted by electronic means;

(b) is received in legible form; and

(c) is capable of being used for future reference.

(2) The requirement in this Order for an application or notice to be signed is satisfied (as an alternative to a signature given by hand) where there is—

(a) an electronic signature incorporated into or logically associated with a particular electronic communication, and

(b) the certification by any person of such a signature.

(3) For the purposes of this Order an electronic signature is so much of anything in electronic form as —

(a) is incorporated into or otherwise logically associated with any electronic communication or both; and

(b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication, the integrity of the communication or both.

(4) For the purposes of this Order an electronic signature incorporated into or associated with a particular electronic communication is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that—

(a) the signature,

(b) a means of producing, communicating or verifying the signature, or

(c) a procedure applied to the signature,

is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication, the integrity of the communication or both.

Section 22 Publication and copies of documents

(1) Any failure to publish a document in accordance with this Order does not invalidate the document, but this provision does not relieve any person from any penalty for such a failure.

(2) Where a document is made available for inspection, any person may make a copy (whether in handwriting or by other means) of the whole or any part of such a document.

(3) Paragraph (2) does not apply to copies of information covered by paragraph 21(1) of Schedule 1 nor to any of the documents open to public inspection by virtue of rule 44 of the Referendum Rules.

Section 23 Advertisements

The Town and Country Planning (Control of Advertisements) Regulations 1992 apply in relation to the display on any site in Wales of an advertisement relating specifically to the referendum as they apply in relation to the display of an advertisement relating specifically to a pending election to which those Regulations apply.

Section 24 Non-domestic rating: premises used for referendum purposes

Section 65(6) of the Local Government Finance Act 1988 (occupation for election meetings and polls) has effect as if —

(a) the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings to promote or procure a particular answer in relation to the question asked in the referendum, and

(b) the reference to use by a returning officer for the purpose of taking the poll in an election included a reference to use by a counting officer for the purpose of taking the poll at the referendum.

Section 25 Loan of equipment for referendum

(1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of money provided by Parliament may, on request, be lent to a counting officer for the referendum on such terms and conditions as the Secretary of State may determine.

(2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority within the meaning of the Local Government Act 1972 must, on request (if not required for immediate use by that authority), be lent to a counting officer for the referendum on such terms and conditions as may be agreed.

Section 26 Offences

Schedule 4 makes provision about offences.

Section 27 Modifications of enactments

Schedule 5 makes provision about the application to the referendum, with modifications, of Acts and statutory instruments.

Section 28 Forms: general

(1) Subject to paragraph (2), the forms set out in Schedule 6 may be used with such variations as the circumstances may require, including adapting the forms in order to use any electronic template provided by the Commission to counting officers and registration officers to assist them in providing such forms.

(2) Paragraph (1) does not apply to the form of the ballot paper.

(3) Without prejudice to the power conferred by paragraph (1), where any form to which that paragraph applies is set out in English and in Welsh in this Order so that it is set out in English first and then in Welsh, that form may be varied so that —

(a) the English and Welsh parts are combined, or

(b) it is set out in Welsh first and then in English.

(4) Where any form is required to be completed by any person, and it is a form set out in this Order referred to in paragraph (3), such form may be validly completed by completion of either the English or the Welsh part.

Section 1 Persons entitled to vote

(1) This paragraph applies to determine the manner of voting of a person entitled to vote as an elector in the referendum .

(2) The person may vote in person at the polling station allotted to that person under rule 13 of the Referendum Rules, unless that person is entitled to vote by post or by proxy in the referendum.

(3) The person may vote by post if that person is entitled to vote by post in the referendum.

(4) If the person (“P”) is entitled to vote by proxy in the referendum, P may so vote unless, before a ballot paper has been issued for P to vote by proxy, P applies at the polling station allotted to P under rule 13 of the Referendum Rules for a ballot paper for the purpose of voting in person, in which case P may vote in person there.

(5) If a person —

(a) is not entitled to vote by post or by proxy in the referendum, but

(b) cannot reasonably be expected to go in person to the polling station allotted to that person under rule 13 of the Referendum Rules because of the particular circumstances of the person’s employment, either as a constable or by the counting officer, on the day of the poll for a purpose connected with the referendum,

that person may vote in person at any polling station in the voting area in which the polling station allotted to the person is situated.

(6) Nothing in the preceding provisions of this paragraph applies to a person to whom section 7 of the 1983 Act (mental patients who are not detained offenders) applies and who is liable, by virtue of any enactment, to be detained in the mental hospital in question, whether that person is registered by virtue of that provision or not, and such a person may vote—

(a) in person at the polling station allotted to the person under rule 13 of the Referendum Rules (where granted permission to be absent from the hospital and voting in person does not breach any condition attached to the permission), or

(b) by post or by proxy (where entitled so to vote at the referendum).

(7) Nothing in the preceding provisions of this paragraph applies to a person to whom section 7A of the 1983 Act (person remanded in custody) applies, whether that person is registered by virtue of that provision or not, and such a person may only vote by post or by proxy (where entitled so to vote in the referendum).

(8) A person entitled to vote in the referendum is entitled to vote —

(a) by post in the referendum if that person is shown in the postal voters list as so entitled for the referendum, or

(b) by proxy in the referendum if that person is shown in the list of proxies as so entitled for the referendum.

(9) Sub-paragraph (2) does not prevent a person, at the polling station allotted to that person, marking a tendered ballot paper in pursuance of rule 28(6) of the Referendum Rules.

Section 2 Existing postal and proxy voters

(1) An elector is taken to have been granted a vote by post in the referendum if, at the relevant time, the elector is shown in the record kept under article 8(3) of the 2007 Order ( absent vote at Assembly elections for a particular or an indefinite period) as voting by post at elections for the Assembly (in this Schedule referred to as “Assembly elections”) for an indefinite period or for a period which extends beyond the date of the poll at the referendum.

(2) Such a person is referred to in this Order as an “existing postal voter”.

(3) An elector is taken to have been granted a vote by proxy in the referendum if, at the relevant time, the person is shown in the record kept under article 8(3) of the 2007 Order as voting by proxy at Assembly elections for an indefinite period or for a period which extends beyond the date of the poll at the referendum.

(4) Such a person is referred to in this Order as an “existing proxy voter”.

(5) Sub-paragraph (1) does not apply to a person if the person is granted a vote by proxy by virtue of an application under paragraph 3.

Section 3 Applications by electors for absent vote

(1) Where a person applies to the registration officer to vote by post in the referendum, the registration officer must grant the application if —

(a) the registration officer is satisfied that the applicant is, or on the date of the poll will be, registered in the register maintained by the officer; and

(b) the application meets the requirements set out in paragraph 9.

(2) Where an elector applies to the registration officer to vote by proxy in the referendum, the registration officer must grant the application if—

(a) the registration officer is satisfied that the applicant’s circumstances on the day of the poll will be or are likely to be such that the applicant cannot reasonably be expected to vote in person at the polling station allotted, or likely to be allotted, to the applicant under rule 13 ( provision of polling stations ) of the Referendum Rules;

(b) the registration officer is satisfied that the applicant is, or on the date of the poll will be, registered in the register maintained by the officer; and

(c) the application meets the requirements set out in paragraphs 9 and 10.

(3) Where an elector who has an anonymous entry in the register maintained by a registration officer applies to the registration officer under paragraph (2) to vote by proxy in the referendum, the registration officer must grant the application if it meets the requirements set out in paragraph 9.

(4) Sub-paragraphs (1) and (2) do not apply to an elector who is an existing postal voter or an existing proxy voter.

(5) If an existing postal voter applies to the registration officer for the ballot paper, in respect of the referendum, to be sent to a different address from that shown in the record referred to in paragraph 2(1) in relation to that existing postal voter, the registration officer must grant the application if it meets the requirements set out in paragraph 9.

(6) If an existing postal voter applies to the appropriate registration officer to vote by proxy in the referendum, the registration officer must grant the application if—

(a) the registration officer is satisfied that the applicant’s circumstances on the date of the poll in the referendum will be or will be likely to be such that the person cannot reasonably be expected to vote in person at the polling station allotted, or likely to be allotted, to the person under rule 13 of the Referendum Rules; and

(b) the application meets the requirements set out in paragraphs 9 and 10.

(7) The registration officer must keep a record of those whose applications under this paragraph have been granted, showing —

(a) their dates of birth; and

(b) except in cases where the registration officer has dispensed with the requirement to provide a signature, their signatures,

as provided in accordance with the requirements set out in paragraph 9 and, as the case may be, paragraph 10.

(8) The record kept under sub-paragraph (7) must be retained by the registration officer for the period of twelve months beginning with the date of the poll at the referendum.

Section 4 Absent voters lists

(1) The registration officer must keep the 2 lists mentioned in sub-paragraphs (2) and (3).

(2) The first of those lists is a list (“the postal voters list”) of—

(a) those who are existing postal voters (excluding those whose applications to vote by proxy under paragraph 3(6) have been granted), together with the addresses, as the case may be—

(i) shown in the record mentioned in paragraph 2(1) kept by the registration officer, or

(ii) provided by them in any application granted under paragraph 3(5),

as the addresses to which their ballot papers are to be sent; and

those granted a vote by post in the referendum by the registration officer by virtue of an application under paragraph 3(1) together with the addresses provided by them in their application as the addresses to which their ballot papers are to be sent.

(3) The second of those lists is a list (“the list of proxies”) of—

(a) those who are existing proxy voters by reason of an entry in the record mentioned in paragraph 2(3) kept by the registration officer; and

(b) those granted a vote by proxy in the referendum by the registration officer by virtue of an application under paragraph 3(2) or (6),

together (in each case) with the names and addresses of those appointed as their proxies.

(4) In the case of an elector who has an anonymous entry in the register, any entry in the postal voters list or list of proxies, as the case may be, must show in relation to the elector only the elector’s electoral number and the period for which the anonymous entry has effect.

Section 5 Proxies

(1) Subject to the provisions of this paragraph, any person is capable of being appointed as a proxy to vote for an elector in the referendum and may vote in pursuance of the appointment.

(2) An elector cannot have more than one person at a time appointed as a proxy to vote for the elector in the referendum.

(3) A person is not capable of being appointed to vote, or of voting, as a proxy in the referendum if—

(a) the person is subject to any legal incapacity (age apart) to vote in the referendum in that person’s own right, or

(b) the person is neither a qualifying Commonwealth citizen nor a citizen of the Republic of Ireland nor a relevant citizen of the Union.

(4) A person is not capable of voting as a proxy in the referendum unless, on the day of the poll, the person has attained the age of eighteen.

(5) A person is not entitled to vote as a proxy in the referendum on behalf of more than two electors of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(6) If there is an existing proxy for an existing proxy voter, the existing proxy is to be treated as having been appointed under this paragraph as a proxy to vote for that existing proxy voter in the referendum.

(7) In sub-paragraph (6), “existing proxy” means, in relation to an existing proxy voter, a person appointed under article 11(6) of the 2007 Order ( proxies at Assembly elections ) as a proxy to vote for the existing proxy voter at Assembly elections for an indefinite period or for a period which extends beyond the date of the poll at the referendum.

(8) Where an elector applies to the registration officer for the appointment of a proxy to vote in the referendum, the registration officer must make the appointment if—

(a) the registration officer is satisfied that the applicant—

(i) is, or on the date of the poll will be, registered in the register maintained by the officer, and

(ii) is entitled to vote by proxy in the referendum by virtue of paragraph 2(3) or an application under paragraph 3;

(b) the registration officer is satisfied that the proxy is capable of being and willing to be appointed; and

(c) the application meets the requirements in paragraphs 9 and 10.

(9) The appointment of a proxy under this paragraph is to be made by means of a proxy paper (in the form A set out in Schedule 6) issued by the registration officer to the proxy.

(10) The appointment of a proxy to vote for an elector in the referendum—

(a) may be cancelled by the elector by giving notice to the registration officer, and

(b) ceases to be in force on the issue of a proxy paper appointing a different person to vote as proxy for the elector in the referendum.

Section 6 Voting as proxy

(1) A person entitled to vote as proxy for an elector in the referendum may do so in person at the polling station allotted to the elector under rule 13 of the Referendum Rules unless the person is entitled to vote by post as proxy for that elector in the referendum, in which case the person may vote by post.

(2) Where a person is entitled to vote by post as proxy for an elector in the referendum, the elector may not apply for a ballot paper for the purpose of voting in person at the referendum.

(3) For the purposes of this Schedule, a person entitled to vote as proxy for an elector in the referendum is entitled so to vote by post if that person is included in the proxy postal voters list kept under sub-paragraph (8).

(4) An existing proxy is to be treated as having been granted a vote by post as proxy at the referendum if the existing proxy is, at the relevant time, shown in the record kept under article 12(6) of the 2007 Order ( voting as proxy at Assemblyelections) as voting by post as proxy at Assembly elections for an indefinite period or for a period which extends beyond the day of the poll at the referendum.

(5) In sub-paragraph (4), “existing proxy” means a person who is to be treated as having been appointed as proxy by virtue of paragraph 5(6).

(6) Where such an existing proxy applies to the registration officer for the ballot paper to be sent to a different address from that shown in the record kept under the said article 12(6), the registration officer must grant the application if it meets the requirements set out in paragraph 9.

(7) Where a person applies to the registration officer to vote by post as proxy for an elector in the referendum, the registration officer must grant the application if—

(a) the registration officer is satisfied that the elector is, or on the date of the poll will be, registered in the register maintained by the officer;

(b) there is in force an appointment of the applicant as the elector’s proxy to vote for the elector in the referendum; and

(c) the application meets the requirements in paragraph 9.

(8) The registration officer must keep a list (“the proxy postal voters list”) of—

(a) those treated as having been granted a vote by post as proxy by virtue of sub-paragraph (4) together with the addresses as the case may be—

(i) shown in the record mentioned in that sub-paragraph kept by the registration officer, or (as the case may be)

(ii) provided by them in their applications granted under sub-paragraph (6),

as the addresses to which their ballot papers are to be sent, and

(b) those whose applications under sub-paragraph (7) have been granted, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

(9) In the case of an elector who has an anonymous entry in the register, the proxy postal voters list must contain only the elector’s electoral number and the period for which the anonymous entry has effect.

(10) Sub-paragraph (2) does not prevent an elector at the polling station allotted to the elector under rule 13 of the Referendum Rules, from marking a tendered ballot paper in pursuance of rule 28(6) of those Rules.

(11) The registration officer must keep a record of those whose applications under sub- paragraph (7) have been granted, showing —

(a) their dates of birth; and

(b) except in cases where the registration officer has dispensed with the requirement to provide a signature, their signatures,

as provided in accordance with the requirements set out in paragraph 9.

(12) The record kept under sub-paragraph (11) must be retained by the registration officer for the period of twelve months beginning with the date of the poll at the referendum.

Section 7 Use of personal identifier information

Where the registration officer is not the counting officer for any voting area that is the same as or falls wholly or partly within the registration officer’s area, the registration officer must provide the counting officer for that voting area with a copy of the information contained in the records kept by the registration officer in pursuance of —

(a) paragraphs 3(7) and 6(11); and

(b) articles 8(9) and 12 (13) of the 2007 Order in relation to persons entitled to an absent vote in the referendum by virtue of paragraph 2(3) or 6(4).

Section 8 Use of personal identifier information

Information contained in records kept by a registration officer in pursuance of paragraph 3(7) or 6(11) may be disclosed by the officer to —

(a) any other registration officer if the officer by whom the information is kept thinks that to do so will assist the other registration officer in the performance of that other officer’s duties; and

(b) any person exercising functions in relation to the preparation or conduct of legal proceedings under this Order.

Section 9 General requirements for applications

(1) This paragraph applies in relation to applications under paragraphs 3, 5(8) or 6(6) or (7).

(2) An application must be—

(a) dated; and

(b) made in writing.

(3) An application must contain—

(a) the applicant’s full name and date of birth;

(b) the applicant’s signature or, in the case of an applicant who is unable to provide a signature, that applicant’s request for waiver of the requirement to provide a signature stating the reasons for the request and the name and address of any person who has assisted the applicant in completing the application;

(c) except in the case of an application under paragraph 6(6) or (7), the applicant’s address in respect of which the applicant is registered or has applied (or is treated as having applied) to be registered in the register;

(d) in the case of an application under paragraph 6(6) or (7), the applicant’s address together with the name of the elector for whom the applicant will act as proxy and the elector’s address for the purposes of paragraph (c);

(e) in the case of an application to vote by post, the address to which the ballot paper should be sent;

(f) in the case of an application to vote by proxy, the grounds on which the elector claims to be entitled to an absent vote; and

(g) where the applicant has, or has applied for, an anonymous entry in the register, that fact.

(4) Subject to sub-paragraph (12), where—

(a) in the case of an application to vote by post under paragraph 3(1), the addresses stated in accordance with sub-paragraph (3)(c) and (e) are different; or

(b) in the case of an application by a proxy to vote by post under paragraph 6(7), the proxy’s address stated in accordance with sub-paragraph (3)(d) and the address stated in accordance with sub-paragraph (3)(e) are different,

the application must set out why the applicant’s circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to the address stated in accordance with sub-paragraph (3)(e).

(5) Subject to sub-paragraph (12), in the case of an application under paragraph 3(5) or 6(6), the application must set out why the applicant’s circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to that other address.

(6) Where an applicant has requested a waiver of the requirement to provide a signature with an application, the registration officer may dispense with that requirement if the registration officer is satisfied that the applicant is unable —

(a) to provide a signature because—

(i) of any disability the applicant has, or

(ii) the applicant is unable to read or write; or

(b) to sign in a consistent and distinctive way because of any such disability or inability.

(7) An application for the appointment of a proxy must state the full name and address of the person whom the applicant wishes to appoint as proxy, together with that person’s family relationship, if any, with the applicant and—

(a) if the application is signed only by the applicant, the application must contain a statement signed by the applicant that the applicant has consulted the person so named and that that person is capable of being and willing to be appointed to vote as the applicant’s proxy; or

(b) if the application is signed also by the person to be appointed as proxy, must contain a statement by that person that the person is capable of being and willing to be appointed to vote as the applicant’s proxy.

(8) Where an application is required to contain a signature and a date of birth, the information must be set out in a manner that is sufficiently clear and unambiguous as to be capable of electronic scanning into the record by configuring the information as follows—

(a) the signature must appear against a background of white unlined paper of at least five centimetres long and two centimetres high; and

(b) the applicant’s date of birth must be set out numerically configured in the sequence of date, month, year namely [d][d] [m][m] [y][y][y][y].

(9) Where the application contains a request that the registration officer dispense with a requirement for signature, sub-paragraph (8)(a) does not apply.

(10) The registration officer may take steps so as to be satisfied that—

(a) an application meets any requirements that it has been signed by the applicant and states the applicant’s date of birth by referring to any signature and date of birth—

(i) previously provided by the applicant to the registration officer; or

(ii) previously provided by the applicant to the county or county borough council by whom the registration officer was appointed or any registrar of births and deaths and which the registration officer is authorised to inspect for the purposes of the registration officer’s duties; and

(b) an applicant is unable to provide a signature or a consistent signature due to any disability or inability to read or write.

(11) For the purposes of sub-paragraph (3)(c), the address in respect of which the applicant is or has applied to be (or is treated as having applied to be) registered includes—

(a) in the case of a service voter, the address given in the service declaration in accordance with section 16(d) of the 1983 Act ;

(b) in the case of a person to whom section 7 of the 1983 Act applies (mental patients who are not detained offenders), the address of the mental hospital or the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act ;

(c) in the case of a person to whom section 7A of the 1983 Act applies (person remanded in custody), the address of the place at which that person is detained or the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act; and

(d) in the case of a homeless person (within the meaning of section 7B(2)(c) of the 1983 Act), the address shown on the declaration of local connection in accordance with section 7B(3)(d) of that Act.

(12) Sub-paragraphs (4) and (5) do not apply where an applicant has, or has applied for, an anonymous entry in the register.

Section 10 Additional requirements for applications to vote by proxy

(1) An application under paragraph 3(2) or (6) to vote by proxy must also contain a statement of the reasons why the applicant’s circumstances on the date of the poll at the referendum will be or are likely to be such that the application cannot reasonably be expected to vote in person at the polling station allotted to the applicant.

(2) Where an application under paragraph 3(2)—

(a) is made on the grounds of the applicant’s disability, and

(b) is made after 5p.m. on the sixth day before the day of the poll,

the requirements of paragraph 4 of Schedule 1 to the 2007 Order as to the matters to be specified and the attestation apply to that application as they apply to an application under article 8(1) of that Order save that references to the allotted polling station mean the polling station allotted or likely to be allotted to the applicant under this Order.

(3) Where an application mentioned in sub-paragraph (2) is made, the person who attests the application must state, in addition to those matters specified by virtue of that sub-paragraph, to the best of that person’s knowledge and belief, the date upon which the applicant became disabled.

(4) Where an application under paragraph 3(2) is made by a person to whom paragraph 1(6) applies and is made after 5p.m. on the sixth day before the date of the poll, the requirements of sub-paragraph (5) apply.

(5) Where an application mentioned in sub-paragraph (4) is made—

(a) the application must additionally state the name and address of the hospital at which the applicant is liable to be detained;

(b) the application must be attested by or on behalf of the managers responsible for the administration of the hospital within the meaning of section 145(1) of the Mental Health Act 1983 at which the applicant is liable to be detained, and the attestation must state—

(i) the name of the person attesting the application;

(ii) that person’s position in the hospital at which the applicant is liable to be detained;

(iii) that the person is a person who is authorised to make the attestation; and

(iv) the statutory provision under which the applicant is liable to be detained in the hospital.

(6) This paragraph does not apply where the applicant has an anonymous entry in the register.

Section 11 Closing dates for applications

(1) An application—

(a) under paragraph 3(1); or

(b) under paragraph 6(7),

must be disregarded if it is received by the registration officer after 5p.m. on the eleventh day before the day of the poll.

(2) Subject to sub-paragraph (3), an application—

(a) under paragraph 3(2); or

(b) under paragraph 5(8),

must be disregarded if it is received by the registration officer after 5p.m. on the sixth day before the day of the poll.

(3) Where an application under paragraph 3(2) is made—

(a) on the grounds of the applicant’s disability and the applicant became disabled after 5p.m. on the sixth day before the day of the poll; or

(b) by a person to whom paragraph 1(6) applies,

the application, or an application under paragraph 5(8) made by virtue of that application, must be refused if it is received after 5p.m. on the day of the poll.

(4) An application—

(a) under paragraph 3(5);

(b) under paragraph 3(6); or

(c) under paragraph 6(6),

must be refused if it is received by the registration officer after 5p.m. on the eleventh day before the day of the poll.

(5) A notice under paragraph 5(10)(a) must be disregarded if it is received by the registration officer after 5p.m. on the eleventh day before the day of the poll.

(6) In computing a period of days for the purposes of this paragraph, Saturday, Sunday, Christmas Eve, Christmas Day or a bank holiday are to be disregarded.

(7) In sub-paragraph (6) “bank holiday” means a day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 .

Section 12 Grant or refusal of applications

(1) Where the registration officer grants an application to vote by post the registration officer must notify the applicant of the decision.

(2) Where the registration officer grants an application for the appointment of a proxy, the registration officer must confirm in writing to the elector that the proxy has been appointed, the proxy’s name and address and the duration of the appointment.

(3) Where the registration officer refuses an application for an absent vote the registration officer must notify the applicant of the decision and the reason for it.

(4) Where the registration officer grants an application made under—

(a) paragraph 3(5); or

(b) paragraph 6(6),

the registration officer must notify the applicant of this.

(5) Where the appointment of a proxy is cancelled by the elector or otherwise ceases to be in force, the registration officer must, where practicable notify the elector that the appointment has been cancelled or, as the case may be, notify the elector that the appointment has ceased and the reason for it.

(6) Where under paragraph 11 the registration officer refuses or disregards an application for the purposes of the referendum, the registration officer must notify the applicant of this.

(7) If, for the purposes of the referendum, the registration officer is not also the counting officer for any voting area that is the same as or falls wholly or partly within the registration officer’s area, the registration officer must send to the counting officer for that voting area details of any application to vote by post which the registration officer has granted as soon as practicable after doing so.

Section 13 Cancellation of proxy appointment

Where the appointment of a proxy is cancelled by notice given to the registration officer under paragraph 5(10) or ceases to be in force under that provision, the registration officer must notify the person whose appointment as proxy has been cancelled or ceases to be or is no longer in force, unless the registration officer has previously been notified by that person that the person no longer wishes to act as proxy.

Section 14 The personal identifiers record

(1) In this paragraph, “personal identifiers record” means a record kept by a registration officer in pursuance of—

(a) article 8(9) or 12(13) of the 2007 Order in relation to persons entitled to an absent vote in the referendum under paragraph 2 or 6(4) of this Schedule, or

(b) paragraph 3(7) or 6(11) of this Schedule.

(2) The personal identifiers record must contain the following information in respect of each absent voter on the postal voters list, the list of proxies or the proxy postal voters list—

(a) that person’s name;

(b) that person’s date of birth; and

(c) that person’s signature, or a record of waiver by the registration officer of the requirement for the signature.

(3) A registration officer may disclose information contained in the personal identifiers record to—

(a) any agent attending proceedings on receipt of postal ballot papers, in accordance with and for the purposes referred to in paragraphs 20(4) and 21 (3)(a) of Schedule 2; or

(b) any person attending proceedings on receipt of postal ballot papers, who is entitled to do so by virtue of any of sections 6A to 6D of the 2000 Act but only to the extent required to permit them to observe the proceedings.

(4) The registration officer must keep the personal identifiers record for twelve months from the date of the poll at the referendum.

Section 15 Effect of register

(1) Any entry in the register, if it gives a date as that on which the person named will attain voting age, is for any purpose of this Order relating to that person as an elector conclusive that until the date given in the entry that person is not of voting age nor entitled to be treated as an elector for the purposes of the referendum unless the day fixed for the poll is that or a later date.

(2) A person registered in the register or entered in the list of proxies is not to be excluded from voting in the referendum on any ground set out in sub-paragraph (3), but this does not affect the person’s liability to any penalty for voting.

(3) The grounds referred to in sub-paragraph (2) are—

(a) that the person is not of voting age,

(b) that the person is not or, on the specified date or (in the case of a proxy) the date of the proxy’s appointment, was not—

(i) a qualifying Commonwealth citizen;

(ii) a citizen of the Republic of Ireland;

(iii) a relevant citizen of the Union, or

(c) that the person is or, on the specified date or (in the case of a proxy) the date of the proxy’s appointment, was otherwise subject to any other legal incapacity to vote in the referendum.

(4) In sub-paragraph (3), the “specified date” means—

(a) in relation to a person registered in the register as published in accordance with section 13(1) of the 1983 Act , the 15th October immediately preceding the date of publication of the register;

(b) in relation to any other person registered in the register, the relevant date for the purposes of section 4 of the 1983 Act .

(5) Sub-paragraph (1) applies to an entry in the record of anonymous entries as it applies to an entry in the register.

Section 16 Effect of misdescription

No misnomer or inaccurate description of any person or place named—

(a) in the register; or

(b) in any list, record, proxy paper, ballot paper, notice or other document required for the purposes of this Order or having effect in relation to the referendum,

affects the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood.

Section 17 Discharge of registration duties

(1) A registration officer must carry out the registration officer’s functions under this Order in accordance with any general or specific directions given by the Secretary of State.

(2) The Secretary of State may give a direction under paragraph (1) only if it is in accordance with a recommendation of the Commission.

(3) Any of the duties and powers of a registration officer under this Order may be performed and exercised by any deputy for the time being approved by the county or county borough council which appointed the registration officer; and the provisions of this Order apply to any such deputy so far as respects any duties or powers to be performed or exercised by that deputy as they apply to the registration officer.

(4) Any acts authorised or required to be done by or with respect to the registration officer under this Order may, in the event of the registration officer’s incapacity to act or of a vacancy, be done by or with respect to the proper officer of the county or county borough council by whom the registration officer was appointed.

(5) A county or county borough council by whom a registration officer is appointed must assign such officers to assist the registration officer as may be required in carrying out the registration officer’s functions under this Order.

Section 18 Alterations in the register

(1) Section 13B of the 1983 Act ( alteration of register: pending elections ) and regulations having effect in relation to that section have effect for the purposes of the referendum as if a reference to an election to which that section applies included a reference to the referendum.

(2) A reference in any enactment to section 13B includes (where the context allows) a reference to that section as modified by this paragraph.

(3) Sub-paragraphs (1) and (2) have effect, in relation to any register, until the first publication after the referendum of a revised version of the register under section 13 of the 1983 Act.

Section 19 Payment of expenses of registration

(1) Any expenses properly incurred by a registration officer in the performance of that officer’s functions under this Order (in this paragraph referred to as “registration expenses”) must be paid by the county or county borough council by whom the registration officer was appointed.

(2) Any fees paid to the registration officer under this Order must be accounted for by that officer and paid to the county or county borough council by whom that officer was appointed.

(3) On the request of a registration officer for an advance on account of registration expenses, the county or county borough council by whom the registration officer was appointed may, if it thinks fit, make such an advance to the officer of such an amount and subject to such conditions as it may approve.

Section 20 Supply of free copy of register, notices and lists for referendum purposes

(1) This paragraph applies where a registration officer is not the counting officer for the voting area that is the same as or falls wholly or party within the registration officer’s area; and references in this paragraph to “relevant counting officer” mean the counting officer for that voting area.

(2) By no later than the publication of the notice of the referendum, the registration officer must supply the relevant counting officer with as many printed copies of the following as the relevant counting officer may reasonably require for the purposes of the referendum—

(a) the latest version of the register; and

(b) any notice, published under section 13A(2) or 13B(3), (3B) or (3D) of the 1983 Act, setting out an alteration to the latest version of the register.

(3) If at any time after a registration officer has complied with paragraph (2)—

(a) a revised version of the register is published; or

(b) a notice is published, under sections 13A(2) or 13B(3), (3B) or (3D) of the 1983 Act, setting out an alteration to the latest version of the register as published,

the registration officer must supply the relevant counting officer with as many printed copies of the register or notice as the relevant counting officer may reasonably require for the purposes of the referendum.

(4) Where a registration officer is under a duty to supply a relevant counting officer with printed copies of a register or notice under this paragraph, the registration officer must also supply a copy of the register, notice or list in data form.

(5) A register or notice supplied under this paragraph must be supplied free of charge.

(6) No person to whom a copy of the register has been supplied under this paragraph may —

(a) supply a copy of the full register;

(b) disclose any information contained in it (that is not contained in the edited register); or

(c) make use of any such information,

other than for the purposes of the referendum.

(7) In this paragraph—

(a) the full register and edited register have the same meaning as in regulation 93 of the 2001 Regulations; and

(b) “data form” means information which is in a form which is capable of being processed by means of equipment operating automatically in response to instructions given for that purpose.

Section 21 Supply of free copy of register, notices and lists for referendum purposes

(1) A permitted participant is entitled, subject to the following provisions of this paragraph, to request that the registration officer supply free of charge a copy of the current or the final version of any of the postal voters list, the list of proxies or the proxy postal voters list.

(2) A request under sub-paragraph (1) must be made in writing and must specify —

(a) the information requested;

(b) whether the request is made only in respect of the current lists or whether it includes a request for the supply of any final list; and

(c) whether a printed copy of the records or lists is requested or a copy in data form.

(3) A person who obtains any information under this paragraph may use it only for the purposes specified in sub-paragraph (4) and any restrictions specified in that sub-paragraph apply to such use.

(4) The restrictions on the supply, disclosure and use of the full register in regulations 94 and 96 of the 2001 Regulations apply to information covered by sub-paragraph (1), as they apply to the full register (within the meaning of regulation 93 of those Regulations) , except that the permitted purpose means either—

(a) referendum purposes; or

(b) research purposes within the meaning of that term in section 33 of the Data Protection Act 1998 .

(5) If a request is duly made to a registration officer for a current copy of the information under sub-paragraph (1), the registration officer must supply that copy as soon as practicable after receipt of that request.

(6) If a request is duly made to a registration officer for a final copy of the postal voters list under sub-paragraph (1), the registration officer must supply that copy as soon as practicable after 5p.m. on the eleventh day before the day of the poll.

(7) As soon as practicable after 5p.m. on the sixth day before the day of the poll, the registration officer must—

(a) make a copy of the postal voters list, the list of proxies and the proxy postal voters list available for inspection at the registration officer’s office in accordance with sub-paragraphs (11) to (16);

(b) if the registration officer is not also the counting officer for any part of a voting area that lies wholly or partly within the registration officer’s area, send to the relevant counting officer a copy of those lists; and

(c) supply a final copy of the lists in response to every request under sub-paragraph (1) that has been duly made.

(8) A registration officer must supply a final copy of the list of proxies, updated to include any additions to that list made in consequence of any applications granted in accordance with paragraph 11(3), as soon as practicable after 5p.m. on the day of the poll, to every person who received that list in accordance with sub-paragraph (7)(c).

(9) Any person who has obtained or is entitled to obtain a copy of information covered by sub-paragraph (1) may—

(a) supply a copy of the information to a processor for the purpose of processing the information, or

(b) procure that a processor processes and supplies to them any copy of the information which the processor has obtained under this paragraph,

for use in respect of the purposes for which that person is entitled to obtain such information.

(10) Paragraphs (2) and (3) and the condition in paragraph (9) of regulation 92 of the 2001 Regulations apply to the supply and processing of information supplied under this paragraph as they apply to the supply and processing of the full register under Part 6 of those regulations.

(11) Any person is entitled to request that the registration officer make available for inspection a copy of any of the information specified in sub-paragraph (1).

(12) A request under sub-paragraph (11) must be made in writing and must specify—

(a) the information requested;

(b) whether the request is made only in respect of the current lists or whether it includes a request for the inspection of any final list;

(c) who will inspect the information;

(d) the date on which they wish to inspect the information; and

(e) whether they would prefer to inspect the information in a printed or data form.

(13) A registration officer must make a final copy of the information available for inspection under supervision as soon as practicable after the date of receipt of a request that has been duly made.

(14) Where inspection takes place by providing a copy of the information on a computer screen or otherwise in data form, the registration officer must ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a) search it by electronic means by reference to the name of any person, or

(b) copy or transmit any part of that copy by electronic or any other means.

(15) A person who inspects a copy of the information, whether a printed copy or in data form, may not—

(a) make copies of any part of it, or

(b) record any particulars in it,

otherwise than by means of hand-written notes.

(16) Subject to any direction by the Secretary of State under paragraph 17(1), any duty on a registration officer to supply a copy or make information available for inspection under this paragraph imposes only a duty to provide that information in the form in which the registration officer holds it.

(17) For the purposes of this paragraph—

(a) a “current copy” of records or lists is a copy of the records or lists as kept by the registration officer at 9 a.m. on the date that it is supplied;

(b) “data form” has the same meaning as in paragraph 20; and

(c) any period of days is to be calculated in accordance with paragraph 11(6) and (7).

(18) A registration officer must ensure that where the registration officer supplies or discloses information covered by sub-paragraph (1) in accordance with this paragraph, the registration officer does not supply or disclose any record relating to—

(a) a person who has an anonymous entry in the register, or

(b) the proxy of a person who has an anonymous entry in the register.

Section 22 Appeals

(1) An appeal under section 56 of the 1983 Act ( registration appeals ) or under article 5 of the 2007 Order ( registration appeals) which is pending when notice of the referendum is given does not prejudice the operation as respects the referendum of the decision appealed against, and anything done in pursuance of the decision is as good as if no such appeal had been brought and is not affected by the decision on appeal.

(2) Where, as a result of the decision on an appeal under section 56 of the 1983 Act, an alteration in the register is made which takes effect under section 13(5), 13A(2) or 13B(3) or (3B) of the 1983 Act on or before the day of the poll at the referendum, sub-paragraph (1) does not apply to that appeal.