European Union Referendum Bill (HL Bill 60)

for the purpose of assisting the officer in the discharge of his or her functions
as counting officer or as Regional Counting Officer (as the case may be).

(4) Accordingly, section 128 of the 2000 Act (Chief Counting Officers, and
counting officers, for referendums) has effect for the purposes of the
5referendum as if subsection (4) were omitted.

General duties of counting officers etc

7 (1) The Chief Counting Officer, Regional Counting Officers and counting
officers must do whatever things are necessary for conducting the
referendum in the manner provided—

(a) 10by and under this Act, and

(b) in the case of the Chief Counting Officer, the Regional Counting
Officer (if any) appointed for the South West and Gibraltar region
and the counting officer for the Gibraltar voting area, by Gibraltar
conduct law.

(2) 15The counting officer for a voting area is responsible, as regards that area,
for—

(a) the conduct of the poll,

(b) (subject to sub-paragraph (3)) the printing of the ballot papers,

(c) the issue and receipt of postal ballot papers for persons entitled to
20vote on their own behalf in the referendum and for their proxies,

(d) the counting of the votes cast, and

(e) any other matters specified in conduct regulations or Gibraltar
conduct law (as the case may be).

(3) Responsibility for the printing of the ballot papers for a voting area may be
25taken—

(a) by the Chief Counting Officer;

(b) in the case of a voting area in a region for which a Regional Counting
Officer is appointed, by the Chief Counting Officer or the Regional
Counting Officer.

30The Chief Counting Officer or Regional Counting Officer may direct the
counting officer concerned accordingly.

(4) In the case of a region for which a Regional Counting Officer is appointed
for the purposes of the referendum, the officer must certify as regards the
votes cast in the region—

(a) 35the total number of ballot papers counted, and

(b) the total number of votes cast in favour of each answer to the
question asked in the referendum.

Where two or more forms of ballot paper are used in the referendum, a
separate number must be certified under paragraph (a) in relation to each
40form of ballot paper used.

(5) The Chief Counting Officer may give Regional Counting Officers or
counting officers—

(a) directions about the discharge of their functions;

(b) directions requiring them to take specified steps in preparation for
45the referendum;

(c) directions requiring them to provide the Chief Counting Officer with
information that they have or are entitled to have.

(6) A Regional Counting Officer for a region may give counting officers for
voting areas within that region—

(a) directions about the discharge of their functions;

(b) directions requiring them to take specified steps in preparation for
5the referendum;

(c) directions requiring them to provide the Regional Counting Officer
with information that they have or are entitled to have.

(7) A power under this paragraph of a Regional Counting Officer to give a
direction to a counting officer is exercisable only in accordance with a
10specific or general authorisation or direction given by the Chief Counting
Officer.

(8) A person to whom a direction is given under this paragraph must comply
with it.

(9) This paragraph applies in addition to section 128 of the 2000 Act (as
15modified by this Schedule).

(10) The number of ballot papers or votes purportedly certified under this
paragraph or section 128 of the 2000 Act is not liable to be questioned by
reason of a defect in the title, or a lack of title, of any person purporting to
exercise functions in relation to the referendum, if the person was then in
20actual possession of, or acting in, the office giving the right to exercise the
functions.

Appointment of deputies and clerks

8 (1) The Chief Counting Officer or a Regional Counting Officer or counting
officer may appoint deputies to carry out any or all of the officer’s functions.

(2) 25An appointment under sub-paragraph (1) must be in writing.

(3) A Regional Counting Officer may appoint however many clerks are
necessary to assist in carrying out the officer’s functions.

Counting officers etc: correction of procedural errors

9 (1) A Regional Counting Officer or counting officer may take whatever steps the
30officer thinks appropriate to remedy any act or omission on the part of the
officer or a relevant person that—

(a) arises 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
35referendum imposed as described in sub-paragraph (4) or otherwise.

(2) A re-count of votes in reliance on sub-paragraph (1) may only be conducted
in the circumstances (if any) specified in conduct regulations or Gibraltar
conduct law (as the case may be).

(3) For the purposes of this paragraph each of the following is a “relevant
40person”—

(a) a registration officer;

(b) the European electoral registration officer for Gibraltar (within the
meaning of section 14 of the European Parliament (Representation)
Act 2003);

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

(d) any person designated by conduct regulations or Gibraltar conduct
law as a relevant person for the purposes of this sub-paragraph;

(e) 5a deputy or assistant of—

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

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

(4) For the purposes of sub-paragraph (1)(b) requirements are imposed as
described in this sub-paragraph if they are imposed—

(a) 10by or under this Act, or

(b) in the case of the Regional Counting Officer (if any) appointed for the
South West and Gibraltar region, the counting officer for the
Gibraltar voting area or a Gibraltar relevant person, by any provision
of law made in and for Gibraltar.

(5) 15For the purposes of sub-paragraph (4)(b) each of the following relevant
persons is a “Gibraltar relevant person”—

(a) the European electoral registration officer for Gibraltar (within the
meaning of section 14 of the European Parliament (Representation)
Act 2003);

(b) 20a clerk of the Regional Counting Officer (if any) appointed for the
South West and Gibraltar region;

(c) a person providing goods or services to the Regional Counting
Officer (if any) appointed for the South West and Gibraltar region or
to the counting officer for the Gibraltar voting area;

(d) 25any person designated by conduct regulations or Gibraltar conduct
law as a relevant person for the purposes of this sub-paragraph;

(e) a deputy or assistant of—

(i) the Regional Counting Officer (if any) appointed for the
South West and Gibraltar region or the counting officer for
30the Gibraltar voting area, or

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

(6) For the purposes of sub-paragraph (3)(e) and (5)(e) a person (“A”) is an
assistant of another person (“P”) if—

(a) A is appointed to assist P, or

(b) 35in the course of employment A is assisting P,

in connection with any function in relation to the referendum.

Public notices

10 A public notice required by or under this Act or Gibraltar conduct law to be
given by the Chief Counting Officer, a Regional Officer or a counting officer
40must be given—

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

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

Role of Electoral Commission

11 (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) Following the referendum, the Electoral Commission must—

(a) 5publish 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
6(1)(b) of the 2000 Act which relates to the referendum.

(3) 10In sub-paragraph (2) “turnout” means the percentage of those entitled to
vote in the referendum who did so.

(4) The reference in sub-paragraph (3) to those entitled to vote in the
referendum who did so includes any persons entitled to vote who conduct
regulations or Gibraltar conduct law provides are to be treated for the
15purposes of sub-paragraph (3) as having voted.

Encouraging participation

12 (1) The 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
20officer thinks appropriate to encourage participation in the referendum in
the area or region for which the officer acts.

(3) This sub-paragraph applies to—

(a) a Regional Counting Officer;

(b) a counting officer;

(c) 25a registration officer.

(4) The Chief Counting Officer must take whatever steps the officer thinks
appropriate 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) 30In discharging the duty imposed by sub-paragraph (1) or (2) an officer must
have regard to any guidance issued by the Electoral Commission.

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

(7) A reference in this paragraph to “a registration officer” includes the
35European electoral registration officer for Gibraltar (within the meaning of
section 14 of the European Parliament (Representation) Act 2003).

Payments to counting officers and Regional Counting Officers

13 (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
40services 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 officer’s charges does not exceed the amount (“the
5overall 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) the counting officer for a voting area in England, Wales or Scotland,

(b) 10the 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
performed.

(3) 15In 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 14, to the county court, the Auditor of
20the 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
amount for services or expenses of a specified description—

(a) for counting officers;

(b) 25for 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) In a particular case the Electoral Commission may, with the consent of the
Treasury, authorise the payment of—

(a) 30more 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,

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

(6) 35The conditions are—

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

(b) that the charges in question are reasonable.

(7) The Chief Counting Officer is entitled to recover expenses incurred by that
40officer 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) the Chief Counting Officer considered that it would be more
economical for the expenses to be incurred by that officer instead.

(8) 45The 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
Counting Officer, the Electoral Commission may make an advance on
account of the officer’s charges on such terms as they think fit.

(10) 50The 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
officer or Regional Counting Officer or the Chief Counting Officer.

(11) Regulations under this paragraph may make different provision for
55different 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.

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

14 (1) 60An 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
65county court that has jurisdiction at the place where the officer
certified 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
70court.

(2) On 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
75Regional Counting Officer to be taxed, the officer may apply to the court for
it 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
80court may allow, disallow or reduce the claim, with or without costs.

(5) A 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

15 (1) If 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
5directions given to the Commission by the Treasury.

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

(a) the information to be contained in the accounts and the manner in
which it is to be presented,

(b) 10the 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) Accounts under this paragraph must be submitted by the Commission to—

(a) the Comptroller and Auditor General, and

(b) 15the Speaker’s Committee,

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

Restriction on challenge to referendum result

16 (1) No court may entertain any proceedings for questioning the number of
20ballot papers counted or votes cast in the referendum as certified by the
Chief Counting Officer or a Regional Counting Officer or counting officer
unless—

(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) 25In sub-paragraph (1) “the permitted period” means the period of 6 weeks
beginning with—

(a) the 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
30the last is given.

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

(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
35“the claim form is filed”.

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

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

(b) 40with the substitution in paragraph (b) of “the application for leave to
apply for judicial review is lodged” for “the claim form is filed”.

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