European Union Referendum Bill (HC Bill 2)

Counting officers etc: correction of procedural errors

8 (1) A Regional Counting Officer or counting officer may take whatever steps the
officer thinks appropriate to remedy any act or omission on the part of the
officer or a relevant person that—

(a) 5arises in connection with any function that the officer or relevant
person has in relation to the referendum, and

(b) is not in accordance with any requirements applicable to the
referendum imposed by or under this Act or otherwise.

(2) A re-count of votes in reliance on sub-paragraph (1) may only be conducted
10in the circumstances specified in conduct regulations.

(3) The relevant persons are—

(a) a registration officer;

(b) a clerk of, or a person providing goods or services to, the Regional
Counting Officer or the counting officer;

(c) 15any person designated by conduct regulations as a relevant person
for the purposes of this paragraph;

(d) a deputy or assistant of—

(i) the Regional Counting Officer or the counting officer, or

(ii) a person mentioned in paragraph (a), (b) or (c).

(4) 20For the purposes of sub-paragraph (3)(d) a person (“A”) is an assistant of
another person (“P”) if—

(a) A is appointed to assist P, or

(b) in the course of employment A is assisting P,

in connection with any function in relation to the referendum.

25Public notices

9 A public notice required by or under this Act to be given by the Chief
Counting Officer, a Regional Officer or a counting officer must be given—

(a) by posting the notice in some conspicuous place in the area or region
for which the officer acts, or

(b) 30in whatever other manner the officer thinks desirable for publicising
it.

Role of Electoral Commission

10 (1) The Electoral Commission must take whatever steps they think appropriate
to promote public awareness about the referendum and how to vote in it.

(2) 35Following the referendum, the Electoral Commission must—

(a) publish the most accurate estimate that it is reasonably possible to
make of the turnout in each of England, Wales, Scotland, Northern
Ireland and Gibraltar, and

(b) include that information in any report they submit under section
406(1)(b) of the 2000 Act which relates to the referendum.

(3) In sub-paragraph (2) “turnout” means the percentage of those entitled to
vote in the referendum who did so.

(4) Conduct regulations may make provision about the circumstances in which
a vote is to be treated for the purposes of sub-paragraph (3) as having been
cast.

Encouraging participation

11 (1) 5The Chief Counting Officer must take whatever steps the officer thinks
appropriate to encourage participation in the referendum.

(2) An officer to whom sub-paragraph (3) applies must take whatever steps the
officer thinks appropriate to encourage participation in the referendum in
the area or region for which the officer acts.

(3) 10This sub-paragraph applies to—

(a) a Regional Counting Officer;

(b) a counting officer;

(c) a registration officer.

(4) The Chief Counting Officer must take whatever steps the officer thinks
15appropriate to facilitate co-operation between that officer and the officers to
whom sub-paragraph (3) applies in taking any steps under sub-paragraph
(1) or (2).

(5) In discharging the duty imposed by sub-paragraph (1) or (2) an officer must
have regard to any guidance issued by the Electoral Commission.

(6) 20The Minister may reimburse any expenditure incurred by an officer for the purposes
of sub-paragraph (1) or (2).

Payments to counting officers and Regional Counting Officers

12 (1) Subject to sub-paragraphs (3) and (4), a counting officer or Regional
Counting Officer is entitled to recover his or her charges in respect of
25services 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) 30the total of the officer’s charges does not exceed the amount (“the
overall maximum recoverable amount”) specified in, or determined
in accordance with, regulations made by the Minister, with the
consent of the Treasury, for the purposes of this sub-paragraph.

(2) Sub-paragraph (3) applies to a service rendered by—

(a) 35the counting officer for a voting area in England, Wales or Scotland,

(b) the Clerk to the Gibraltar Parliament, as counting officer for the
Gibraltar voting area, or

(c) a Regional Counting Officer,

which in the opinion of the Electoral Commission was inadequately
40performed.

(3) In respect of a service to which this sub-paragraph applies, the officer is
entitled under sub-paragraph (1) to no more than the amount (which may be
nil) that seems reasonable in all the circumstances—

(a) to the Commission, or

(b) on a taxation under paragraph 13, to the county court, the Auditor of
the Court of Session or the Gibraltar court (as the case may be).

(4) Regulations under sub-paragraph (1) may specify, or make provision for
determining in accordance with the regulations, a maximum recoverable
5amount for services or expenses of a specified description—

(a) for counting officers;

(b) for Regional Counting Officers.

Subject to sub-paragraph (5), an officer may not recover more than the
specified amount in respect of such services or expenses.

(5) 10In a particular case the Electoral Commission may, with the consent of the
Treasury, authorise the payment of—

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

(b) more than the amount specified as the maximum recoverable
amount for services or expenses of a specified description,

15if the Commission are satisfied that the conditions in sub-paragraph (6) are
met.

(6) The conditions are—

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

(b) 20that the charges in question are reasonable.

(7) The Chief Counting Officer is entitled to recover expenses incurred by that
officer for or in connection with the referendum if—

(a) the expenses are of a kind that would otherwise have been incurred
by counting officers or Regional Counting Officers, and

(b) 25the Chief Counting Officer considered that it would be more
economical for the expenses to be incurred by that officer instead.

(8) The Electoral Commission must pay the amount of any charges recoverable
in accordance with this paragraph on an account being submitted to them.

(9) At the request of a counting officer or Regional Counting Officer or the Chief
30Counting Officer, the Electoral Commission may make an advance on
account of the officer’s charges on such terms as they think fit.

(10) The Electoral Commission may by regulations make provision as to the time
when and the manner and form in which accounts are to be rendered to the
Commission for the purposes of the payment of the charges of a counting
35officer or Regional Counting Officer or the Chief Counting Officer.

(11) Regulations under this paragraph may make different provision for
different cases or areas.

(12) Any sums required by the Electoral Commission for making payments under this
paragraph are to be charged on and paid out of the Consolidated Fund.

40Taxation of counting officer’s or Regional Counting Officer’s account

13 (1) An application for the account of a counting officer or Regional Counting
Officer to be taxed may be made—

(a) except where any of paragraphs (b) to (d) applies, to the county
court;

(b) in the case of the Chief Electoral Officer for Northern Ireland, to the
county court that has jurisdiction at the place where the officer
5certified the number of ballot papers counted and votes cast;

(c) where the officer is one who was appointed for an area in Scotland,
or for the region of Scotland, to the Auditor of the Court of Session;

(d) in the case of the Clerk to the Gibraltar Parliament, to the Gibraltar
court.

(2) 10On any such application the court has jurisdiction to tax the account in
whatever manner and at whatever time and place the court thinks fit, and
finally to determine the amount payable to the officer.

(3) Where an application is made for the account of a counting officer or
Regional Counting Officer to be taxed, the officer may apply to the court for
15it to examine any claim made by any person (“the claimant”) against the
officer in respect of matters charged in the account.

(4) On an application under sub-paragraph (3), after the claimant has been
given notice and an opportunity to be heard and to tender any evidence, the
court may allow, disallow or reduce the claim, with or without costs.

(5) 20A reference in this paragraph to “the court” includes a reference to the
Auditor of the Court of Session.

(6) In this paragraph, “Gibraltar court” means the court determined by or under
the law of Gibraltar to be the court for the purpose of this paragraph.

Electoral Commission accounts

14 (1) 25If directed to do so by the Treasury, the Electoral Commission must prepare
accounts in respect of their expenditure in relation to the referendum.

(2) Accounts under this paragraph must be prepared in accordance with
directions given to the Commission by the Treasury.

(3) Directions under sub-paragraph (2) may include, in particular, directions as
30to—

(a) the information to be contained 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) 35the additional information (if any) that is to accompany the accounts.

(4) Accounts under this paragraph must be submitted by the Commission to—

(a) the Comptroller and Auditor General, and

(b) the Speaker’s Committee,

as soon may be practicable after the giving of the direction under sub-
40paragraph (1).

Restriction on challenge to referendum result

15 (1) No court may entertain any proceedings for questioning the number of
ballot papers counted or votes cast in the referendum as certified by the
Chief Counting Officer or a Regional Counting Officer or counting officer
5unless—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the permitted period.

(2) In sub-paragraph (1) “the permitted period” means the period of 6 weeks
beginning with—

(a) 10the day on which the officer in question gives a certificate as to the
number of ballot papers counted and votes cast in the referendum, or

(b) if the officer gives more than one such certificate, the day on which
the last is given.

(3) In the application of this paragraph to Scotland, sub-paragraph (1) has
15effect—

(a) with the substitution in paragraph (a) of “a petition” for “a claim”;

(b) with the substitution in paragraph (b) of “the petition is lodged” for
“the claim form is filed”.

(4) In the application of this paragraph to Northern Ireland, sub-paragraph (1)
20has effect—

(a) with the substitution in paragraph (a) of “an application” for “a
claim”;

(b) with the substitution in paragraph (b) of “the application for leave to
apply for judicial review is lodged” for “the claim form is filed”.

(5) 25In the application of this paragraph to Gibraltar, sub-paragraph (1) has effect
with the substitution in paragraph (a) of “an application” for “a claim”.