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16 (1) | The Town and Country Planning (Control of Advertisements) Regulations |
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1992 (S.I. 1992/666) 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 |
| 5 |
| |
(2) | The Town and Country Planning (Control of Advertisements) (Scotland) |
| |
Regulations 1984 (S.I. 1984/467) apply in relation to the display on any site |
| |
in Scotland of an advertisement relating specifically to the referendum as |
| |
they apply in relation to the display of an advertisement relating specifically |
| 10 |
to a pending parliamentary election. |
| |
(3) | The Planning (Control of Advertisements) Regulations (Northern Ireland) |
| |
1992 (S.R. 1992/448) apply in relation to the display on any site in Northern |
| |
Ireland of an advertisement relating specifically to the referendum as they |
| |
apply in relation to the display of an advertisement relating specifically to a |
| 15 |
pending parliamentary election. |
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Non-domestic rating: premises used for referendum purposes |
| |
17 (1) | 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 |
| 20 |
candidature at an election included a reference to public meetings to |
| |
promote or procure a particular outcome 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 |
| 25 |
officer for the purposes of taking the poll in the referendum. |
| |
(2) | Section 98 of the 1983 Act and rule 22(3) in Schedule 1 to that Act (which |
| |
make equivalent provision, applying in Scotland and Northern Ireland) |
| |
| |
(a) | the reference in section 98 to public meetings in furtherance of a |
| 30 |
person’s candidature at an election included a reference to public |
| |
meetings to promote or procure a particular outcome in relation to |
| |
the question asked in the referendum, and |
| |
(b) | the reference in rule 22(3) to use for the purpose of taking the poll in |
| |
an election included a reference to use by a counting officer for the |
| 35 |
purposes of taking the poll in the referendum. |
| |
Payments to counting officers and Regional Counting Officers |
| |
18 (1) | A counting officer or Regional Counting Officer is entitled to recover his or |
| |
her charges in respect of services rendered, or expenses incurred, for or in |
| |
connection with the referendum if— |
| 40 |
(a) | the services were necessarily rendered, or the expenses were |
| |
necessarily incurred, for the efficient and effective conduct of the |
| |
| |
(b) | the total of the officer’s charges does not exceed the amount (“the |
| |
overall maximum recoverable amount”) specified in, or determined |
| 45 |
in accordance with, an order made by the Minister, with the consent |
| |
of the Treasury, for the purposes of this sub-paragraph. |
| |
|
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|
| |
|
(2) | An order under sub-paragraph (1) may specify, or make provision for |
| |
determining in accordance with the order, a maximum recoverable amount |
| |
for services or expenses of a specified description— |
| |
(a) | for counting officers; |
| |
(b) | for Regional Counting Officers. |
| 5 |
| Subject to sub-paragraph (3), an officer may not recover more than the |
| |
specified amount in respect of such services or expenses. |
| |
(3) | In 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 |
| 10 |
(b) | more than the specified maximum recoverable amount for any |
| |
specified services or expenses, |
| |
| if the Commission are satisfied that the conditions in sub-paragraph (4) are |
| |
| |
| 15 |
(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. |
| |
(5) | The Electoral Commission must pay the amount of any charges recoverable |
| |
in accordance with this paragraph on an account being submitted to them. |
| 20 |
| But if the Commission think fit they may, before payment, apply for the |
| |
account to be taxed under paragraph 19. |
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(6) | Where the superannuation contributions required to be paid by a local |
| |
authority in respect of a person are increased by a fee paid under this |
| |
paragraph as part of the charges of a counting officer or Regional Counting |
| 25 |
Officer at the referendum, then on an account being submitted to them the |
| |
Electoral Commission must pay to the authority a sum equal to the increase. |
| |
(7) | At the request of a counting officer or Regional Counting Officer, the |
| |
Electoral Commission may make an advance on account of the officer’s |
| |
charges on such terms as they think fit. |
| 30 |
(8) | 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 |
| |
officer or Regional Counting Officer. |
| |
(9) | An order or regulations under this paragraph may make different provision |
| 35 |
| |
(10) | 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 |
| |
19 (1) | An application for the account of a counting officer or Regional Counting |
| 40 |
Officer to be taxed must be made— |
| |
(a) | except where paragraph (b) applies, to a county court; |
| |
(b) | 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. |
| |
| A reference in this paragraph to “the court” includes a reference to that |
| 45 |
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|
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(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 |
| |
Regional Counting Officer to be taxed, the officer may apply to the court for |
| 5 |
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 |
| |
court may allow, disallow or reduce the claim, with or without costs. |
| 10 |
| The court’s determination of the claim is final for all purposes and as against |
| |
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(5) | An application under sub-paragraph (1) for taxation of the account of the |
| |
Chief Electoral Officer for Northern Ireland must be made to the county |
| |
court that has jurisdiction at the place where the officer certified the number |
| 15 |
of ballot papers counted and votes cast. |
| |
Electoral Commission accounts |
| |
20 (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 |
| 20 |
directions given to the Commission by the Treasury. |
| |
(3) | Directions under sub-paragraph (2) may include, in particular, directions as |
| |
| |
(a) | the information to be contained in the accounts and the manner in |
| |
which it is to be presented, |
| 25 |
(b) | the methods and principles in accordance with which the accounts |
| |
| |
(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 |
| 30 |
(b) | the Speaker’s Committee, |
| |
| as soon may be practicable after the giving of the direction under sub- |
| |
| |
Restriction on challenge to referendum result |
| |
21 (1) | No court may entertain any proceedings for questioning the number of |
| 35 |
ballot papers counted or votes cast in the referendum as certified by the |
| |
Chief Counting Officer or a Regional Counting Officer or counting officer |
| |
| |
(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. |
| 40 |
(2) | In sub-paragraph (1) “the permitted period” means the period of 6 weeks |
| |
| |
(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 |
| |
| |
(3) | In the application of this paragraph to Scotland, sub-paragraph (1) has |
| |
| |
(a) | with the substitution in paragraph (a) of “a petition” for “a claim”; |
| 5 |
(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) |
| |
| |
(a) | with the substitution in paragraph (a) of “an application” for “a |
| 10 |
| |
(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”. |
| |
| |
| |
Rules for conduct of the referendum |
| 15 |
| |
| |
| | | | | | | | | | | | | 20 | | | | | | | | | | | | Poll to be taken by ballot |
| | | | | | | | | | Corresponding number list |
| | 25 | | | | | | | | Prohibition of disclosure of vote |
| | | | | Use of schools and public rooms |
| | | | Action to be taken before the poll |
| | | | | | | 30 | | | | | | | | Provision of polling stations |
| | | | | Appointment of presiding officers and clerks |
| | | | | Issue of official poll cards |
| | | | | Notification that certain electors entitled to |
| | 35 | | | | | | | | Equipment of polling stations |
| | | | | Appointment of polling and counting agents |
| | |
|
|
| |
|
| |
|
| | | | | | | Not later than the 25th day |
| | | | | | | | | | | | | | | Not later than the 16th day |
| | 5 | | | | | | | | | | | | | Between 7 am and 10 pm on |
| | | | | the day of the referendum |
| | |
|
| 10 |
2 (1) | In calculating any period of time (other than a year) for the purposes of these |
| |
rules the following are to be disregarded— |
| |
(a) | Saturdays and Sundays, |
| |
(b) | Good Friday and any other day that is a bank holiday under the |
| |
Banking and Financial Dealings Act 1971 in any part of the United |
| 15 |
| |
(c) | any day appointed as a day of public thanksgiving or mourning. |
| |
(2) | In relation to proceedings adjourned by a presiding officer under rule 36 |
| |
(riot or open violence), the reference in paragraph (1)(b) to a day that is a |
| |
bank holiday in any part of the United Kingdom is to be read as a reference |
| 20 |
to a day that is a bank holiday in the part of the United Kingdom where the |
| |
proceedings are adjourned. |
| |
| |
| |
3 | Each counting officer must give public notice of the referendum stating— |
| 25 |
(a) | the date of the poll; |
| |
| |
(i) | applications to vote by post or by proxy, and |
| |
(ii) | other applications and notices about postal or proxy voting, |
| |
| must reach the registration officer in order that they may be effective |
| 30 |
| |
Poll to be taken by ballot |
| |
4 | The votes at the poll are to be given by ballot. |
| |
| |
5 (1) | The ballot of every voter is to consist of a ballot paper, which is to be printed |
| 35 |
in the form set out in Form 1 in Part 2 of this Schedule and according to the |
| |
directions specified in that Part. |
| |
| |
(a) | must set out the question as specified in section 1; |
| |
|
| |
|