The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008

• Citation: S.I. 2008/1848 (W.)
• Sections: 70

Section 1 Title, commencement and revocation

(1) The title of these Regulations is the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008.

(2) These Regulations come into force 14 days after the day on which they are made.

(3) These Regulations apply to the holding of referendums by local authorities in Wales.

(4) The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 are revoked .

Section 2 Interpretation

(1) In these Regulations—

“ the 1983 Act ” (“ Deddf 1983 ”) means the Representation of the People Act 1983 ;

“ the 1985 Act ” (“ Deddf 1985 ”) means the Representation of the People Act 1985 ;

“ the 2000 Act ” (“ Deddf 2000 ”) means the Local Government Act 2000 ;

“ counting observer ” (“ arsylwr cyfrif ”) means a person appointed by a counting officer under rule 18(2) of the Local Government Act Referendums Rules;

“ counting officer ” (“ swyddog cyfrif ”) means a person referred to in regulation 9;

“ elected mayor ” (“ maer etholedig ”), in relation to a local authority, means an individual elected as mayor of the local authority by the local government electors for the local authority's area in accordance with provisions made by or under Part II of the 2000 Act;

“ the Elections Act ” (“ Deddf yr Etholiadau ”) means the Political Parties, Elections and Referendums Act 2000 ;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“ further referendum ” (“ refferendwm pellach ”) means a referendum held in pursuance of an order under regulation 13(3);

“ the Local Government Act Referendums Rules ” (“ Rheolau Refferenda'r Ddeddf Llywodraeth Leol ”) means the rules set out in Schedule 3 to these Regulations;

“ local government election ” (“ etholiad llywodraeth leol ”) must be construed in accordance with section 203(1) of the 1983 Act;

“ mayoral election ” (“ etholiad maerol ”) must be construed in accordance with the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 ;

“ outline fall-back proposals ” (“ cynigion wrth gefn amlinellol ”)—

in relation to proposals under section 25 (proposals) of the 2000 Act, means an outline of the proposals that a local authority intend to implement if their proposals under section 25 are rejected in a referendum;

in relation to proposals under regulation 17 (action before referendum) or regulation 19 (action following direction) of the Petitions and Directions Regulations, means an outline of the proposals that a local authority intend to implement if proposals that are to be the subject of a referendum under Part II or Part III of those Regulations are rejected in that referendum;

in relation to proposals under an order under section 36 (referendum following order) of the 2000 Act, means—

if the local authority are then operating executive or alternative arrangements, a summary of those arrangements;

in any other case, an outline of the proposals specified in the order that the local authority intend to implement if proposals that are to be the subject of a referendum are rejected in that referendum;

in relation to proposals under regulations under section 30 (operation of different executive arrangements) or section 33 (operation of alternative arrangements) of the 2000 Act, means a summary of the local authority's existing executive arrangements or existing alternative arrangements (as the case may be);

“ the Petitions and Directions Regulations ” (“ Rheoliadau Deisebau a Chyfarwyddiadau ”) means the Local Authorities (Referendums) (Petitions and Directions) (Wales) Regulations 2001 ;

“ petition organiser ” (“ trefnydd deiseb ”), in relation to a referendum, means a person who is treated for the purposes of regulation 10(4) or (5) (formalities of petition) (as the case may be) of the Petitions and Directions Regulations, as the petition organiser of any valid petition (whether an amalgamated petition, a constituent petition or a post-announcement petition) received by the local authority by or in respect of which the referendum is held ;

“ polling observer ” (“ arsylwr pleidleisio ”) means a person appointed by a counting officer under rule 18(1) of the Local Government Act Referendums Rules;

“ proper officer ” (“ swyddog priodol ”) must be construed in accordance with section 270(3) of the Local Government Act 1972 ;

“ proposals date ” (“ dyddiad y cynigion ”)—

in relation to a referendum, other than a further referendum, means the date on which proposals—

under section 25 of the 2000 Act which involve a form of executive for which a referendum is required,

under regulation 17 or 19 of the Petitions and Directions Regulations,

under an order under section 36 of the 2000 Act, or

under regulations under section 30 or 33 of the 2000 Act ,

are sent to the Welsh Ministers; and

in relation to a further referendum, means the day which falls two months before the day on which the poll at the further referendum is held;

“ referendum ” (“ refferendwm ”) means a referendum held under section 27 (referendum in case of proposals involving elected mayor) of the 2000 Act, or by virtue of regulations or an order made under any provision of Part II (arrangements with respect to executives etc.) of the 2000 Act;

“ referendum period ” (“ cyfnod y refferendwm ”), in relation to a referendum (including a further referendum), means the period beginning with—

where the proposals date precedes the coming into force of these Regulations, the date on which these Regulations come into force;

in any other case, the proposals date,

and ending on the date of the referendum;

“ the Representation of the People Regulations ” (“ Rheoliadau Cynrychiolaeth y Bobl ”) means the Representation of the People (England and Wales) Regulations 2001 ;

“ the RP Act 2000 ” (“ Deddf CB 2000 ”) means the Representation of the People Act 2000 ; and

“ voting area ” (“ ardal y bleidlais ”) means the area in which a referendum is held.

(2) Any reference in the following provisions of these Regulations to a section followed by a number is, unless the context otherwise requires, a reference to the section of the 2000 Act that bears that number.

Section 3 The statement and the question to be asked in a referendum

Where the proposals in relation to which a referendum is to be held involve—

(a) a mayor and cabinet executive, the statement to precede the question (“ the statement ”) and the question to be asked in that referendum are to be in the form set out in paragraph 1 of Schedule 1 to these Regulations;

(b) a mayor and council manager executive, the statement and the question to be asked in that referendum are to be in the form set out in paragraph 2 of that Schedule;

(c) a leader and cabinet executive, the statement and the question to be asked in that referendum are to be in the form set out in paragraph 3 of that Schedule.

Section 4 Publicity and other information in connection with referendums

(1) The proper officer must, as soon as practicable after the proposals date, publish in at least one newspaper circulating in the local authority's area a notice which contains—

(a) a statement that, as the case may be—

(i) proposals under section 25 involving a form of executive for which a referendum is required,

(ii) proposals under regulation 17(3) or 19(1) of the Petitions and Directions Regulations,

(iii) proposals under an order under section 36, or

(iv) proposals under regulations under section 30 or 33,

have been sent to the Welsh Ministers;

(b) a description of the main features of the proposals and of the outline fall-back proposals;

(c) a statement—

(i) that a referendum will be held,

(ii) of the date on which the referendum will be held,

(iii) of the question to be asked in the referendum,

(iv) that the referendum will be conducted in accordance with procedures similar to those used at local government elections,

(v) of the referendum expenses limit (as defined in regulation 6(1)) that will apply in relation to the referendum and the number of local government electors by reference to which that limit has been calculated,

(vi) of the address and times at which a copy of the proposals, and of the local authority's outline fall-back proposals, may be inspected, and

(vii) of the procedures for obtaining a copy of the proposals and outline fall-back proposals.

(2) Unless the notice required to be published by paragraph (1) (“the first notice”) is published fewer than 56 days before the date of the referendum, the proper officer must publish a second notice containing the particulars specified in paragraph (1)(c)(i) to (vii).

(3) The second notice is to be published—

(a) in the same newspaper or newspapers as were used for the publication of the first notice, and

(b) no more than 55 days and no less than 28 days before the date of the referendum.

(4) The local authority must make available for inspection throughout the referendum period, at the address and times stated in the notice, and free of charge, a copy of their proposals and outline fall-back proposals, and must secure that sufficient copies are available for persons who wish to obtain copies.

(5) The local authority may provide (whether or not in pursuance of any duty to do so) any other factual information relating to the proposals, the outline fall-back proposals or the referendum so far as it is presented fairly.

(6) In determining for the purposes of paragraph (5) whether any information is presented fairly, regard is, in accordance with section 38, to be had to any guidance for the time being issued by the Welsh Ministers under section 38.

Section 5 Restriction on publication etc. of promotional material

(1) This regulation applies to any material which—

(a) provides general information about the referendum,

(b) deals with any of the issues raised by the question to be asked in the referendum, or

(c) puts any arguments for or against a particular answer to that question.

(2) No material to which this regulation applies is to be published by or on behalf of a local authority during the period of 28 days ending with the date of the poll at the referendum.

(3) Paragraph (2) does not apply to—

(a) material made available to persons in response to specific requests for information or to persons specifically seeking access to it,

(b) the publication of information relating to the holding of the poll at the referendum, or

(c) the publication of press notices containing factual information where the sole purpose of the publication is to refute or correct any inaccuracy in material published by a person other than the local authority.

(4) In this regulation “ publish ” (“ cyhoeddi ”) means make available to the public at large, or to any section of the public, in whatever form and by whatever means (including, in particular, by inclusion in any programme included in a programme service within the meaning of the Broadcasting Act 1990 ); and “ publication ” (“ cyhoeddiad ”) is to be construed accordingly.

Section 6 General restriction on referendum expenses

(1) In this regulation and regulation 7—

“ campaign organiser ” (“ trefnydd ymgyrch ”) means the individual or body by whom, or on whose behalf, referendum expenses are incurred (including expenses treated as incurred) in connection with a referendum campaign;

“ referendum campaign ” (“ ymgyrch refferendwm ”) means a campaign conducted with a view to promoting or procuring a particular outcome in relation to the question to be asked in a referendum;

“ referendum expenses ” (“ treuliau refferendwm ”) means the expenses incurred by or on behalf of any individual or body during the referendum period for referendum purposes in respect of any of the matters set out in paragraphs 1 to 7 of Schedule 2 to these Regulations, as read in accordance with paragraph 8 of that Schedule;

“ referendum expenses limit ” (“ cyfyngiad treuliau refferendwm ”) means the aggregate of £2,362 and the amount found by multiplying by 5.9 pence the number of entries in the relevant register;

“ for referendum purposes ” (“ at ddibenion refferendwm ”) means—

in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular outcome in relation to the question asked in the referendum, or

otherwise in connection with promoting or procuring any such outcome;

“ the relevant register ” (“ y gofrestr berthnasol ”) means the register (or registers) of local government electors published under section 13 (publication of registers) of the 1983 Act after the conclusion of the canvass conducted under section 10 of that Act in the year immediately preceding that in which the referendum is held, which has (or have) effect in the area of the local authority by which or as regards which the referendum is held (whether or not the persons to whom those entries relate are entitled to vote in the referendum).

(2) The total referendum expenses incurred, or, in accordance with regulation 7, treated as incurred, by or on behalf of any individual or body must not exceed the referendum expenses limit.

(3) Where any referendum expenses are incurred in excess of the referendum expenses limit, a person who knew or ought reasonably to have known that that limit would be exceeded, or who, without reasonable excuse, authorises another person to exceed that limit, is guilty of an offence.

(4) Where information is given to the Director of Public Prosecutions that an offence under paragraph (3) has been committed, it is the duty of the Director of Public Prosecutions to make such inquiries and institute such prosecutions as the circumstances of the case appear to the Director of Public Prosecutions to require.

(5) Where an offence under paragraph (3) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any other person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of that offence and is liable to be proceeded against and punished accordingly.

(6) A person who commits an offence under paragraph (3) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding the general limit in a magistrates’ court or both, or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 12 months or both.

(7) In relation to an offence committed before the commencement of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 , the reference in paragraph (6)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

(8) Nothing in paragraph (2) affects the right of any creditor who, when the expense was incurred, was ignorant of that expense being in contravention of that paragraph.

Section 7 Notional referendum expenses

(1) This regulation applies where—

(a) property, services or facilities is or are provided for the use or benefit of any person either—

(i) free of charge, or

(ii) at a discount of more than 10 per cent of the commercial rate for the use of the property or for the provision of the services or facilities; and

(b) the property, services or facilities is or are made use of by or on behalf of that person in circumstances such that, if any expenses were to be (or are) actually incurred by that person or on behalf of that person in respect of that use, they would be (or are) referendum expenses incurred by that person or on that person's behalf.

(2) Subject to paragraph (5), where this regulation applies, an amount of referendum expenses determined in accordance with paragraph (3) is, unless it is not more that £200, to be treated for the purposes of regulation 6 as incurred by that person during the period for which the property, services or facilities is or are made use of as mentioned in paragraph (1)(b).

(3) The amount mentioned in paragraph (2) is such proportion of either—

(a) the commercial rate for the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided free of charge), or

(b) the difference between that commercial rate and the amount of the expenses actually incurred by or on behalf of that person in respect of the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided at a discount),

as is reasonably attributable to the use made of the property, services or facilities as mentioned in paragraph (1)(b).

(4) Where the services of an employee are made available by the employee's employer for the use or benefit of a person, the amount which is to be taken as constituting the commercial rate for the provision of those services is the amount of the remuneration or allowances payable to the employee by the employee's employer in respect of the period for which the employee's services are made available (but that amount is not to include any amount in respect of contributions or other payments for which the employer is liable in respect of the employee).

(5) No amount of referendum expenses is to be regarded as incurred by virtue of paragraph (2) in respect of the provision by any individual of the individual's own services which the individual provides voluntarily in the individual's own time and free of charge.

Section 8 Conduct of referendum

(1) A referendum is to be conducted in accordance with the Local Government Act Referendums Rules (as contained in Schedule 3 to these Regulations).

(2) The provisions mentioned in the first column of Tables 1 to 5 of Schedule 4 to these Regulations have effect in relation to referendums, subject to the modifications specified in that Schedule and to any contrary provision of these Regulations.

Section 9 Counting officer

(1) Functions conferred by these Regulations on the counting officer are to be exercised in each voting area by the person who is for the time being the returning officer at elections of councillors for that area under section 35(1A)(a) (returning officers: local elections) of the 1983 Act .

(2) It is the counting officer's general duty at the referendum to do all such acts and things as may be necessary for effectually conducting the referendum in the manner provided by these Regulations.

(3) The counting officer must also appoint and pay such persons as may be necessary for the purpose of the counting of the votes.

Section 10 Result of referendum or further referendum

(1) This regulation is subject to regulations 12 and 13.

(2) If the majority of the votes cast in a referendum other than a further referendum are “yes” votes, the result of the referendum is—

(a) for the purposes of section 27(7), to approve the local authority's proposals under section 25;

(b) for the purposes of regulation 23 (action where referendum proposals approved) of the Petitions and Directions Regulations or, as the case may be, the comparable provisions of any other regulations or order made under any provision of Part II of the 2000 Act, to approve the proposals that were the subject of the referendum.

(3) If the majority of the votes cast in a referendum other than a further referendum are “no” votes, the result of the referendum is—

(a) for the purposes of section 27(8), to reject the local authority's proposals under section 25;

(b) for the purposes of regulation 24 (action where referendum proposals rejected) of the Petitions and Directions Regulations or, as the case may be, the comparable provisions of any other regulations or order made under any provision of Part II of the 2000 Act, to reject the proposals that were the subject of the referendum.

(4) If the majority of the votes cast in a further referendum are “yes” votes, the result of the referendum is to approve the continuation of the local authority's existing executive arrangements or their existing alternative arrangements (as the case may be).

(5) If the majority of the votes cast in a further referendum are “no” votes, the result of the referendum is to reject the continuation of the local authority's existing executive arrangements or their existing alternative arrangements (as the case may be).

(6) In a case to which paragraph (5) applies, section 27(8) to (12) is then to apply as if the result of the further referendum was the rejection of the local authority's proposals under section 25, but subject—

(a) in section 27(8)(b), to the insertion after “outline fall-back proposals” of “that were proposed at the time of the referendum”,

(b) in section 27(9), to the omission of “outline fall-back proposals or”, and

(c) in section 27(10), to the substitution for “Outline fall-back proposals and detailed” of “Detailed”.

Section 11 Procedures for questioning referendum

(1) A referendum under these Regulations may be questioned by petition (“a referendum petition”)—

(a) on the ground that the result of the referendum was not in accordance with the votes cast,

(b) on the ground that the referendum was avoided by such corrupt or illegal practices, within the meaning of the 1983 Act, as are relevant to referendums by virtue of regulation 8 or paragraph (8),

(c) on the grounds provided by section 164 (avoidance of election for general corruption etc.) of the 1983 Act, as applied for the purposes of these Regulations by paragraph (8), or

(d) subject to paragraph (3), on the ground that a payment of money or other reward has been made or promised since the referendum in pursuance of a corrupt or illegal practice relevant to the referendum by virtue of regulation 8 or paragraph (8).

(2) A referendum petition on any of the grounds specified in paragraph (1)(a) to (c) must be presented not later than 21 days after the day on which the referendum was held.

(3) A referendum petition on the ground mentioned in paragraph (1)(d) may be presented only with the leave of the High Court.

(4) An application for leave must be made, not later than 28 days after the date of the alleged payment or promise, by application notice to the court at such time and place as the court may appoint.

(5) Not less that seven days before the day so appointed the applicant must—

(a) serve the application notice on the respondent and the Director of Public Prosecutions and lodge a copy in the election petitions office, and

(b) publish notice of the intended application in at least one newspaper circulating in the voting area for the referendum to which the application relates.

(6) The application notice must state the grounds on which the application is made.

(7) A referendum petition is to be tried by an election court, that is to say, a court constituted under section 130 (election court for local election in England and Wales, and place of trial) of the 1983 Act for the trial of an election petition, as applied by paragraph (8).

(8) Schedule 5 to these Regulations contains provisions which have effect in relation to the questioning of a referendum as they have effect in relation to the questioning of an election under the Local Government Act 1972, subject to the modifications specified in that Schedule and to any contrary provision of these Regulations.

(9) The Election Petition Rules 1960 have effect in relation to a referendum petition as they have effect in relation to a local election petition within the meaning of those Rules, subject to the modifications specified in Schedule 6 to these Regulations and to any contrary provision of these Regulations.

Section 12 Immediate consequences of referendum petitions

(1) This regulation, apart from paragraph (8), applies where—

(a) a referendum petition is presented on any of the grounds mentioned in regulation 11(1)(a) to (c), or

(b) leave is granted to the presentation of a referendum petition brought under the ground mentioned in regulation 11(1)(d).

(2) Where this regulation applies—

(a) in relation to a referendum—

(i) at which the statement and the question asked were in the form set out in paragraph 3 of Schedule 1, and

(ii) in which the majority of the votes cast are “yes” votes; and

(b) before the local authority have passed a resolution under section 29,

the local authority must take no further steps in consequence of the referendum until the election court has certified its determination in the matter of the referendum petition.

(3) Where this regulation applies—

(a) in relation to a referendum—

(i) at which the statement and the question asked were in the form set out in paragraph 3 of Schedule 1, and

(ii) in which the majority of the votes cast are “yes” votes, and

(b) after the local authority have passed a resolution under section 29,

the local authority must continue to operate the executive arrangements that are the subject of that resolution.

(4) Where this regulation applies—

(a) in relation to a referendum—

(i) at which the statement and the question asked were in the form set out in paragraph 1 or 2 of Schedule 1, and

(ii) in which the majority of the votes cast are “yes” votes; and

(b) without an election for the return of an elected mayor having taken place in consequence of the referendum,

the local authority must take no further steps in consequence of the referendum until the election court has certified its determination in the matter of the referendum petition.

(5) Where this regulation applies—

(a) in relation to a referendum in which the majority of the votes cast are “no” votes; and

(b) the local authority's outline fall-back proposals are based on the executive or alternative arrangements which they were operating at the date of the referendum, they must continue to operate those arrangements.

(6) Where this regulation applies but paragraph (5) does not apply—

(a) in relation to a referendum in which the majority of the votes cast are “no” votes, and

(b) before the local authority have passed a resolution under section 29 (operation of, and publicity for, executive arrangements) or section 33 (operation of alternative arrangements),

the local authority must take no further steps in consequence of the referendum until the election court has certified its determination in the matter of the referendum petition.

(7) Where this regulation applies—

(a) in relation to a referendum in which the majority of the votes cast are “no” votes, and

(b) after the local authority have passed a resolution under section 29 or 33,

the local authority must continue to operate the executive arrangements or the alternative arrangements (as the case may be) that are the subject of that resolution.

(8) Where leave is granted to the presentation of a referendum petition brought under the ground mentioned in regulation 11(1)(d)—

(a) in relation to a referendum—

(i) at which the statement and the question asked were in the form set out in paragraph 1 or 2 of Schedule 1, and

(ii) in which the majority of the votes cast are “yes” votes; and

(b) after an election for the return of an elected mayor has taken place in consequence of the referendum,

the elected mayor is to continue in office.

Section 13 Determination of referendum petitions and subsequent procedures

(1) Where an election court certifies, as its determination of a referendum petition, that the result of the referendum declared under regulation 10 is or is not in accordance with the votes cast (as the case may be), any reference (in whatever terms) in the timetable—

(a) included in the local authority's proposals under section 25;

(b) included in their proposals under regulation 17(3)(a) or 19(1)(c) of the Petitions and Directions Regulations;

(c) prepared in pursuance of section 27(4) or regulation 17(7)(a)(ii) or 20(3)(a)(iii) of those Regulations; or

(d) prepared in pursuance of any other regulations or an order made under any provision of Part II (arrangements with respect to executives etc.) of the 2000 Act,

to the date of the result of the referendum is to be construed as a reference to the date on which the election court certifies its determination.

(2) Where an election court certifies, as its determination of a referendum petition specifying any of the grounds mentioned in regulation 11(1), that the referendum was avoided, the local authority concerned must, not earlier than two months and not later than three months after the date on which the election court has certified that determination, hold another referendum.

(3) Where the circumstances are as mentioned in regulation 12(8)(a) and (b), the court must—

(a) dismiss the petition, or

(b) allow the petition,

and, where the court allows the petition, it must declare the referendum to be tainted, and order that a further referendum be held.

(4) Where the election court makes the order mentioned in paragraph (3), the local authority must hold the further referendum as soon as practicable after the expiration of the period of five years beginning with the date on which the tainted referendum was held.

(5) If the majority of the votes cast in a further referendum are “yes” votes—

(a) where the local authority are operating executive arrangements, they must continue to operate those arrangements unless and until they are authorised or required to operate different executive arrangements or authorised to operate alternative arrangements in place of their existing executive arrangements, and

(b) where the local authority are operating alternative arrangements, they must continue to operate those arrangements unless and until they are authorised to operate different alternative arrangements or authorised or required to operate executive arrangements in place of their existing alternative arrangements.

(6) If the majority of votes cast in the further referendum are “no” votes, the local authority—

(a) must implement the proposals that were their outline fall-back proposals at the time of the tainted referendum, and

(b) subject to paragraphs (7) and (8), section 27(13) (referendum in case of proposals involving elected mayor) applies to the implementation of detailed fall-back proposals as if those outline fall-back proposals were outline fall-back proposals in the event that proposals under section 25 (proposals) are rejected in a referendum under section 27.

(7) Where the authority's outline fall-back proposals are the executive or alternative arrangements which they were operating at the date of the tainted referendum, section 27(13) applies (as mentioned in paragraph (6)) as if, for “in accordance with the timetable mentioned in subsection (4)”, there were substituted “ as soon as practicable ” .

(8) Where the authority's outline fall-back proposals are executive arrangements which involve a form of executive for which a referendum is not required—

(a) section 29(1) (operation of, and publicity for, executive arrangements) applies for the purpose of enabling the authority to operate the executive arrangements set out in their detailed fall-back proposals as it applies for the purpose of enabling an authority to operate executive arrangements in other circumstances, and

(b) section 29(2) applies as if in paragraph (b) for sub-paragraph (i) there were substituted—

(i) states that, in consequence of the rejection in a further referendum of the authority's existing executive arrangements, the authority have resolved to operate the different executive arrangements that were described in their outline fall-back proposals at the time of the referendum,

(9) Where the local authority's outline fall-back proposals are alternative arrangements —

(a) section 33(2) (operation of alternative arrangements) applies for the purpose of enabling the local authority to operate the alternative arrangements set out in their detailed fall-back proposals as it applies for the purpose of enabling a local authority to operate alternative arrangements in other circumstances; and

(b) section 29(2) applies as if, in paragraph (b), for sub-paragraph (i) there were substituted; “ (i) states that, in consequence of the rejection in a further referendum of the local authority's existing executive arrangements the local authority have resolved to operate the alternative arrangements that were described in their outline fall-back proposals at the time of the referendum. ” .

(10) These Regulations, except where the context otherwise requires, apply (so far as relevant) to the conduct of the further referendum as they apply to the conduct of any other referendum subject to—

(a) in regulation 4—

(i) the omission of paragraph (1)(a),

(ii) in paragraph (1)(b), the substitution for “the proposals” of “ the local authority's existing executive or alternative arrangements ” ,

(iii) in paragraph (1)(c)(vi), the substitution for “a copy of the proposals” of “ a document in which are set out the main features of the authority's existing executive or alternative arrangements ” ,

(iv) in paragraph (1)(c)(vii), the substitution for “the proposals and” of “ that document and those ” ,

(v) after paragraph (1)(c)(vii), the insertion of—

(viii) if it be the case, that the referendum is being held in consequence of the determination of an election court that the referendum last held in the authority's area was void or, as the case may be, declared to be tainted by reason of a payment of money or other reward made or promised since the referendum in pursuance of a corrupt or illegal practice.

(vi) in paragraph (4), the substitution for “a copy of their proposals” of “ a document in which are set out the main features of the authority's current executive or alternative arrangements ” ,

(vii) in paragraph (5), the substitution, for “the proposals”, of “ the main features of the local authority's current executive or alternative arrangements ” , and

(b) the substitution of paragraph 1 of Schedule 1 and the first form to appear in the Appendix to the Local Government Act Referendums Rules, by —

(c) the substitution of paragraph 2 of Schedule 1 and the second form to appear in the Appendix to the Local Government Act Rules by —

(11) On the substantive hearing of a referendum petition for which leave has been granted where the circumstances are as mentioned in any paragraph of regulation 12 other than paragraph (8), the election court must either—

(a) dismiss the petition, or

(b) allow the petition,

and, where the court allows the petition, it must declare the referendum avoided.

Section 14 Time

(1) The days mentioned in paragraph (2) are to be disregarded in calculating any period of time for the purposes of regulation 4(1).

(2) The days mentioned in this paragraph are—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Wales, and

(c) any day appointed as a day of public thanksgiving or mourning.

Section 15 Advertisements

The Town and Country Planning (Control of Advertisements) Regulations 1992 have effect in relation to the display on any site in a voting area of an advertisement relating specifically to the referendum as they have effect in relation to the display of an advertisement relating specifically to a local government election.

Section 16 Non-domestic rating: premises used for referendum purposes

In relation to premises in a voting area, 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 promoting a particular result in the referendum, and

(b) the reference to the use by a returning officer for the purpose of taking the poll in an election included a reference to the use for the purpose of taking the poll in the referendum by a person exercising functions of a counting officer in accordance with regulation 9.

Section 1

Advertising of any nature (whatever the medium used).

Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.

Section 2

Unsolicited material addressed to voters (whether addressed to them by name or intended for delivery to households within any particular area or areas).

Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).

Section 3

Any material of a description referred to in regulation 5(1).

Section 4

Market research or canvassing conducted for the purposes of ascertaining voting intentions.

Section 5

The provision of any services or facilities in connection with press conferences or other dealings with the media.

Section 6

Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with a referendum campaign.

Expenses in respect of the transport of such persons include the costs of hiring a particular means of transport for the whole or part of the referendum period.

Section 7

Rallies and other events, including public meetings organised so as to obtain publicity in connection with a referendum campaign or for other purposes connected with a referendum campaign.

Expenses in respect of such events include costs in connection with the attendance of persons at such events, the hire of premises for the purposes of such events or the provision of goods, services or facilities at them.

Section 8

Nothing in paragraphs 1 to 7 is to be taken as extending to—

(a) any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds;

(b) any expenses incurred in respect of the remuneration or allowances payable to any member of staff of the campaign organiser;

(c) any expenses incurred in respect of an individual by way of travelling expenses (by any means of transport) or in providing for the individual's accommodation or other personal needs to the extent that the expenses are paid by the individual from the individual's own resources and are not reimbursed to the individual.

Section 1 Title

The title of these Rules is the Local Government Act Referendums Rules.

Section 2 Interpretation

(1) In these Rules “ voter ” (“ pleidleisiwr ”) means a person entitled to vote on that person's own behalf.

(2) Other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections) have the same meaning in these Rules as they have in that Act.

Section 3

The proceedings at the referendum must be conducted in accordance with the following Timetable.

Timetable

Section 4 Computation of time

In computing any period of time for the purposes of the Timetable the days mentioned in regulation 14(2)(a) to (c) must be disregarded, and any such day must not be treated as a day for the purpose of any proceedings up to the completion of the poll nor is the counting officer obliged to proceed with the counting of the votes on such a day.

Section 5 Notice of referendum

(1) The counting officer must publish notice of the referendum, stating the date of the poll.

(2) The notice of referendum must state the date by which—

(a) applications to vote by post or by proxy, and

(b) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the referendum.

Section 6 Poll to be taken by ballot

A poll must be taken at the referendum and the votes at the poll must be given by ballot.

Section 7 The ballot papers

(1) The ballot of every person entitled to vote at the referendum must consist of a ballot paper.

(2) Every ballot paper to be used in the referendum must be in the appropriate form in the Appendix (depending on the question to be asked in the referendum).

(3) Every ballot paper must—

(a) be capable of being folded up; and

(b) have a number and other unique identifying mark printed on the back.

Section 8 The corresponding number list

(1) The counting officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by the counting officer in pursuance of rule 13(1) or provided by the counting officer in pursuance of rule 17(1).

(2) The list must be in the appropriate form in the Appendix or a form to like effect.

Section 9 The official mark

(1) Every ballot paper must contain an appropriate security marking (the official mark).

(2) The official mark must be kept secret.

(3) The counting officer may use a different official mark for different purposes at the same referendum.

Section 10 Prohibition of disclosure of vote

No person who has voted at the referendum is required, in any legal proceeding to question the referendum, to state for which answer that person has voted.

Section 11 Use of schools and public rooms

(1) The counting officer may use, free of charge, for the purpose of taking the poll or counting the votes—

(a) a room in a school maintained or assisted by a local authority (within the meaning of section 579(1) of the Education Act 1996) or a school in respect of which grants are made out of moneys provided by the Welsh Ministers to the person or body of persons responsible for the management of the school;

(b) a room the expense of maintaining which is payable out of any rate.

(2) The counting officer must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll or counting the votes.

Section 12 Notice of poll

(1) The counting officer must publish notice of the poll stating—

(a) the day and hours fixed for the poll, and

(b) the statement and question to be asked in the referendum.

(2) The notice of the poll must be published no later than the sixth day before the date of the referendum.

(3) The counting officer must, not later than the time of the publication of the notice of the poll, also give public notice of—

(a) the situation of each polling station; and

(b) the description of persons entitled to vote there.

Section 13 Postal ballot papers

(1) The counting officer must, in accordance with regulations made under the 1983 Act , issue to those entitled to vote by post a ballot paper and a postal voting statement in the appropriate form in the Appendix, or a form to like effect, together with such envelopes for their return as may be prescribed by such regulations.

(2) The counting officer must also issue to those entitled to vote by post such information as the counting officer thinks appropriate about how to obtain—

(a) translations into languages other than English or Welsh of any directions to or guidance for voters and proxies sent with the ballot paper;

(b) a translation into Braille of such directions or guidance;

(c) graphical representations of such directions or guidance;

(d) the directions or guidance in any other form (including any audible form).

(3) The postal voting statement must include provision for the form to be signed and for stating the date of birth of the voter or proxy.

(4) In the case of a ballot paper issued to a person at an address in the United Kingdom, the counting officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter or proxy.

Section 14 Provision of polling stations

(1) The counting officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the voters to the polling stations in such manner as the counting officer thinks most convenient.

(2) One or more polling stations may be provided in the same room.

(3) The polling station allotted to voters from any parliamentary polling district wholly or partly within the voting area must, in the absence of special circumstances, be in the parliamentary polling place for that district.

(4) The counting officer must provide each polling station with such number of compartments as may be necessary in which the voters and proxies can mark their votes screened from observation.

Section 15 Appointment of presiding officers and polling clerks

(1) The counting officer must appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the referendum.

(2) The counting officer may, if the counting officer thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer apply to a counting officer so presiding with the necessary modifications as to things to be done by the counting officer to the presiding officer or by the presiding officer to the counting officer.

(3) A presiding officer may do, by the clerks appointed to assist the presiding officer, any act (including the asking of questions) which the presiding officer is required or authorised by these Rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.

Section 16 Issue of official poll cards

(1) The counting officer must as soon as practicable after the publication of the notice of the referendum send to each voter and proxy an official poll card.

(2) The official poll card must be sent or delivered—

(a) in the case of a voter, to the voter's qualifying address, and

(b) in the case of a proxy, to the proxy's address as shown in the list of proxies.

(3) The official poll card must be in the appropriate form in the Appendix, or a form to the like effect, and must set out—

(a) the name of the council and of the voting area;

(b) the name of the voter, the voter's qualifying address and number on the register;

(c) the date and hours of the poll and the situation of the voter's polling station;

(d) such other information as the counting officer thinks appropriate,

and different information may be provided in pursuance of sub-paragraph (d) to different voters or to different descriptions of voter.

(4) In the case of a voter who has an anonymous entry in the register, instead of containing the matter mentioned in paragraph (3)(b), the poll card must contain such matter as is specified in the appropriate form in the Appendix.

(5) In this rule references to a voter—

(a) are to a person who is registered in the register of local government electors for the voting area in question on the last day for the publication of notice of the referendum; and

(b) include a person then shown in the register as below voting age if (but only if) it appears from the register that the person will be of voting age on the day fixed for the poll.

Section 17 Equipment of polling stations

(1) The counting officer must provide each presiding officer with such number of ballot boxes and ballot papers as in the counting officer's opinion may be necessary.

(2) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.

(3) The counting officer must provide each polling station with—

(a) materials to enable voters and proxies to mark the ballot papers;

(b) copies of the register of electors for the voting area or such part of it as contains the names of the voters allotted to the station;

(c) the parts of any special lists prepared for the referendum corresponding to the register of electors for the voting area or the part of it provided under sub-paragraph (b);

(d) a list consisting of that part of the list prepared under rule 8 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

(4) The reference in paragraph (3)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act in respect of alterations to the register.

(5) The counting officer must also provide each polling station with—

(a) at least one large version of the ballot paper which must be displayed inside the polling station for the assistance of voters and proxies who are partially sighted; and

(b) a device of such description as is set out in paragraph (9) for enabling voters and proxies who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 28(1)).

(6) A notice in the form in the Appendix, giving directions for the guidance of voters and proxies in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.

(7) The counting officer may also provide copies of the notice mentioned in paragraph (6) in Braille or translated into languages other than English or Welsh as the counting officer considers appropriate, provided that these notices are accurate reproductions in Braille or that other language of that notice.

(8) In every compartment of every polling station there must be exhibited the notice

REFFERENDWM [ Noder enw'r cyngor.................... .]. Rhowch groes (X) yn y blwch ar yr ochr dde gyferbyn â'r ateb o'ch dewis. Pleidleisiwch UNWAITH yn unig. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu efallai na fydd eich pleidlais yn cael ei chyfrif.

[ Specify name of council ....................] REFERENDUM. Mark a cross (X) in the box on the right hand side of the answer of your choice. Vote ONCE only. Put no other mark on the ballot paper, or your vote may not be counted.

(9) The device referred to in paragraph (5)(b) must—

(a) allow a ballot paper to be inserted into and removed from, or attached to and detached from, the device easily and without damage to the paper;

(b) hold the ballot paper firmly in place during use; and

(c) provide suitable means for the voter or proxy to—

(i) identify the spaces on the ballot paper on which the voter or proxy may mark the voter's or proxy's vote;

(ii) identify the answer to which each such space refers; and

(iii) mark the voter's or proxy's vote on the space the voter or proxy has chosen.

Section 18 Appointment of polling observers and counting observers

(1) The counting officer may appoint persons to attend at polling stations for the purpose of detecting personation (“polling observers”).

(2) The counting officer must appoint persons to observe the counting of the votes and the verification of the ballot paper account (“counting observers”).

(3) For the purpose of assisting the counting officer in the discharge of the counting officer's functions under paragraph (2), a petition organiser may nominate persons who in the opinion of the petition organiser are suitable for appointment as counting observers.

(4) A nomination under paragraph (3) must be made by notice in writing to the counting officer not later than the fifth day before the poll (disregarding any day which is to be disregarded by virtue of rule 4) and the notice must contain the address of each nominee.

(5) Subject to paragraph (6), the counting officer must not, without good cause, decline to appoint as a counting observer a person nominated by a petition organiser under paragraph (3).

(6) The counting officer may limit the number of counting observers, so however that—

(a) the number must be the same in the case of each petition organiser, and

(b) the number allowed to a petition organiser must not (except in special circumstances) be fewer than the number obtained by dividing the number of clerks employed on the counting by the number of petition organisers.

For the purposes of the calculations required by this paragraph, a counting observer who has been appointed on the nomination of more than one petition organiser is a separate counting observer for each of the petition organisers by whom the counting observer has been nominated.

(7) Where a counting observer appointed on the nomination of a petition organiser dies or becomes incapable of acting, the petition organiser who made the nomination may nominate another person to be appointed as a counting observer in that person's place by giving notice in writing to the counting officer.

(8) Paragraphs (4) and (5) apply to a nomination under paragraph (7), with the substitution in paragraph (4) for “fifth day” of “ final day ” .

(9) In the following provisions of these Rules references to polling observers and counting observers are to be taken as references to polling observers and counting observers whose appointments have been duly made.

(10) Any notice required to be given by the counting officer to a counting observer appointed on the nomination of a petition organiser may be delivered at, or sent by post to, the address stated in the notice of nomination.

(11) A petition organiser may do any act or thing which any counting observer is authorised to do, or may assist any counting observer appointed on that person's nomination in doing any such act or thing.

(12) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling observers or counting observers, the non-attendance of any such person at the time and place appointed for the purpose does not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Section 19 Notification of requirement of secrecy

The counting officer must make such arrangements as the counting officer thinks fit to ensure that—

(a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter or proxy with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of subsections (1), (3) and (6) of section 66 of the 1983 Act , as applied by Schedule 4; and

(b) every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of subsections (2) and (6) of that section, as applied by Schedule 4.

Section 20 Return of postal ballot papers

(1) Where—

(a) a postal vote has been returned in respect of a person who is entered on the postal voters list, or

(b) a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,

the counting officer must mark the list in the manner prescribed by regulations made under the 1983 Act .

(2) Rule 36(3) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

Section 21 Admission to polling station

(1) The presiding officer must exclude all persons from the polling station except—

(a) voters and proxies;

(b) persons under the age of 18 who accompany voters and proxies to the polling station;

(c) the polling observers appointed to attend at the polling station;

(d) the clerks appointed to attend at the polling station;

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 ;

(f) the constables on duty;

(g) the companions of voters and proxies with disabilities;

(h) the elected mayor, if any, of the council in respect of which the referendum is held; and

(i) any petition organiser.

(2) The presiding officer must regulate the total number of voters, proxies and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

(3) A constable or person employed by a counting officer must not be admitted to vote in person elsewhere than at the polling station allotted to that constable or employed person under these Rules, except on production and surrender of a certificate of employment which must be in the form in the Appendix, or a form to the like effect, and signed by an officer of police of or above the rank of inspector or by the counting officer, as the case may be.

(4) Any certificate surrendered under this rule must forthwith be cancelled.

Section 22 Keeping of order in station

(1) It is the presiding officer's duty to keep order at the presiding officer's polling station.

(2) If a person misconducts themselves in a polling station, or fails to obey the presiding officer's lawful orders, the person may immediately, by the presiding officer's order, be removed from the polling station—

(a) by a constable in or near that station, or

(b) by any other person authorised in writing by the counting officer to remove that person,

and the person so removed must not, without the presiding officer's permission, again enter the polling station during the day.

(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4) The powers conferred by this rule must not be exercised so as to prevent a voter or proxy who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Section 23 Sealing of ballot boxes

Immediately before the commencement of the poll, the presiding officer must show the ballot box empty to such persons, if any, as are present in the polling station, so that they may see that it is empty, and must then lock it up, if it has a lock and (in any case) place the presiding officer's seal on it in such a manner as to prevent its being opened without breaking the seal and must place it in the presiding officer's view for the receipt of ballot papers, and keep it so locked and sealed or sealed (as the case may be).

Section 24 Questions to be put to voters and proxies

(1) At the time of the application for a ballot paper (but not afterwards), the questions specified in the second column of the following Table—

(a) may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the first column, and

(b) must be put if the letter “R” appears after the question and a petition organiser or polling observer requires the question to be put:

(2) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register are to be taken as references to reading from the notice issued under section 13B(3B) or (3D) of the 1983 Act.

(3) A ballot paper must not be delivered to any person required to answer any of the above questions unless that person has answered each question satisfactorily.

(4) Except as authorised by this rule, no inquiry is permitted as to the right of any person to vote.

Section 25 Challenge of voter or proxy

A person must not be prevented from voting by reason only that—

(a) any petition organiser or polling observer permitted to be present in accordance with rule 21(1) declares that they have reasonable cause to believe that the person has committed an offence of personation, or

(b) the person is arrested on the grounds of being suspected of committing or of being about to commit such an offence.

Section 26 Voting procedure

(1) A ballot paper must be delivered to a voter or proxy who applies for one, and immediately before delivery—

(a) the number and (unless paragraph (2) applies) name of the voter as stated in the copy of the register of electors must be called out;

(b) the number of the voter as stated in the register must be marked on the list mentioned in rule 17(3)(d) beside the number of the ballot paper to be issued to the voter;

(c) a mark must be placed in the copy of the register of electors against the number of the voter to note that a ballot paper has been received but without showing the particular ballot paper which has been received; and

(d) in the case of a person applying for a ballot paper as proxy, a mark must also be placed against that person's name in the list of proxies.

(2) In the case of a voter who has an anonymous entry, the voter must show the presiding officer the voter's official poll card and only the voter's number must be called out in pursuance of paragraph (1)(a).

(3) In the case of a voter who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows—

(a) in sub-paragraph (a), for “copy of the register of electors” substitute “ copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act ” ;

(b) in sub-paragraph (b), for “in the register” substitute “ on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act ” ;

(c) in sub-paragraph (c), for “in the copy of the register of electors” substitute “ on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act ” .

(4) The voter or proxy, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark the voter's or proxy's paper and fold it up so as to conceal the voter's or proxy's vote, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence.

(5) The voter or proxy must vote without undue delay, and must leave the polling station as soon as the ballot paper has been put into the ballot box.