|
|
| |
| |
|
| | (2) | Rule 32(1) of the Assembly Elections Rules has effect as if the persons listed |
|
| | |
| | (a) | persons who would be entitled to be admitted to the polling station for |
|
| | the referendum if the poll for the referendum were held on its own, and |
|
| | (b) | persons who would be entitled to be admitted to the polling station for |
|
| | the local election if the poll for that election were held on its own. |
|
| | (3) | Rule 29(1) of the Local Elections Rules has effect as if the persons listed there |
|
| | |
| | (a) | persons who would be entitled to be admitted to the polling station for |
|
| | the referendum if the poll for the referendum were held on its own, and |
|
| | (b) | persons who would be entitled to be admitted to the polling station for |
|
| | the Assembly election if the poll for that election were held on its own. |
|
| | Questions to be put to voters |
|
| | 20 (1) | Rule 35 of the Assembly Elections Rules has effect as if, in the questions in |
|
| | entries 1, 2 and 4 of the table in paragraph (1), after “at this” (in each place) |
|
| | there were inserted “Assembly”. |
|
| | (2) | Rule 32 of the Local Elections Rules has effect as if, in paragraphs (1) and (2), |
|
| | after “at this” (in each place) there were inserted “local”. |
|
| | Voting procedure: copies of registers and lists of proxies |
|
| | 21 (1) | If the Chief Electoral Officer thinks fit, the same copy of the register of electors |
|
| | may be used under the following provisions for the purposes of the referendum |
|
| | and the relevant elections— |
|
| | (a) | rule 27(2) of the referendum rules; |
|
| | (b) | rule 37(1) of the Assembly Elections Rules; |
|
| | (c) | rule 34(1) of the Local Elections Rules. |
|
| | (2) | Sub-paragraphs (3) and (4) apply where the same copy of the register is used |
|
| | as mentioned in sub-paragraph (1). |
|
| | (3) | In a case where a ballot paper is delivered at the same time in respect of the |
|
| | referendum and the relevant elections, a single mark must be placed in the |
|
| | register against the number of the elector under— |
|
| | (a) | rule 27(2)(c) of the referendum rules, |
|
| | (b) | rule 37(1)(d) of the Assembly Elections Rules, and |
|
| | (c) | rule 34(1)(d) of the Local Elections Rules. |
|
| | (4) | In any other case, a mark must be placed in the register against the number of |
|
| | the elector identifying the poll to which each ballot paper delivered relates. |
|
| | (5) | In the case of an elector who is added to the register in pursuance of a notice |
|
| | issued under section 13BA(9) of the 1983 Act— |
|
| | (a) | references in this paragraph to the copy of the register of electors are |
|
| | to be read as references to the copy of the notice; |
|
| | (b) | references to a mark being placed in the register of electors are to be |
|
| | read as references to a mark being made on the copy of the notice. |
|
| | 22 (1) | If the Chief Electoral Officer thinks fit, he or she may require the relevant |
|
| | registration officer to produce a combined list of proxies for the referendum |
|
| | and the relevant elections. |
|
| | (2) | The following provisions apply where the lists are combined and a person |
|
| | applies for a ballot paper as proxy. |
|
| | (3) | Immediately before delivery of the ballot paper the list of proxies must be |
|
| | marked in a way that identifies— |
|
| | |
|
|
| |
| |
|
| | (b) | the elector for whom the proxy is applying for the ballot paper, and |
|
| | (c) | the referendum or relevant election to which the ballot paper relates. |
|
| | (4) | Sub-paragraph (3) applies instead of— |
|
| | (a) | rule 27(2)(d) of the referendum rules; |
|
| | (b) | rule 37(1)(e) of the Assembly Elections Rules; |
|
| | (c) | rule 34(1)(e) of the Local Elections Rules. |
|
| | List of votes marked by presiding officer |
|
| | 23 (1) | If the Chief Electoral Officer thinks fit, a single list of votes marked by the |
|
| | presiding officer may be used for the purposes of the referendum and the |
|
| | |
| | (2) | Where a person’s entry in that list does not relate to the referendum and each |
|
| | relevant election the entry must— |
|
| | (a) | indicate whether it relates to the referendum, and |
|
| | (b) | identify any relevant election to which it relates. |
|
| | (3) | In this paragraph “list of votes marked by the presiding officer” means a list |
|
| | |
| | (a) | rule 29(4) of the referendum rules, |
|
| | (b) | rule 38(2) of the Assembly Elections rules, or |
|
| | (c) | rule 35(3) of the Local Elections Rules. |
|
| | Declaration to be made by the companion of a voter with disabilities |
|
| | 24 (1) | A declaration made by the companion of a voter with disabilities must be in |
|
| | the form set out in Form 6 in Part 2 of this Schedule. |
|
| | (2) | In this paragraph “declaration made by the companion of a voter with |
|
| | disabilities” means a declaration made by a companion under— |
|
| | (a) | rule 30 of the referendum rules, |
|
| | (b) | rule 39 of the Assembly Elections Rules, or |
|
| | (c) | rule 36 of the Local Elections Rules. |
|
| | (3) | This paragraph applies instead of— |
|
| | (a) | rule 30(5)(a) of the referendum rules; |
|
| | (b) | rule 39(5)(a) of the Assembly Elections Rules; |
|
| | (c) | rule 36(5)(a) of the Local Rules. |
|
| | List of voters with disabilities assisted by companions |
|
| | 25 (1) | If the Chief Electoral Officer thinks fit, a single list of voters with disabilities |
|
| | assisted by companions may be used for the purposes of the referendum and |
|
| | |
| | (2) | Where a person’s entry in that list does not relate to the referendum and each |
|
| | relevant election the entry must— |
|
| | (a) | indicate whether it relates to the referendum, and |
|
| | (b) | identify any relevant election to which it relates. |
|
| | (3) | In this paragraph “list of voters with disabilities assisted by companions” |
|
| | means a list compiled under— |
|
| | (a) | rule 30(8) of the referendum rules, |
|
| | (b) | rule 39(4) of the Assembly Elections Rules, or |
|
| | (c) | rule 36(4) of the Local Elections Rules. |
|
|
|
| |
| |
|
| | |
| | 26 (1) | If the Chief Electoral Officer thinks fit, a single tendered votes list may be used |
|
| | for the purposes of the referendum and the relevant elections. |
|
| | (2) | Where a person’s entry in that list does not relate to the referendum and each |
|
| | relevant election the entry must— |
|
| | (a) | indicate whether it relates to the referendum, and |
|
| | (b) | identify any relevant election to which it relates. |
|
| | (3) | In this paragraph “tendered votes list” means a list compiled under— |
|
| | (a) | rule 32(7) of the referendum rules, |
|
| | (b) | rule 40(3) of the Assembly Elections Rules, or |
|
| | (c) | rule 37(6) of the Local Elections Rules. |
|
| | Lists relating to correction of errors on day of poll |
|
| | 27 (1) | If the Chief Electoral Officer thinks fit, a single list of persons to whom ballot |
|
| | papers are delivered in consequence of late alterations to the register may be |
|
| | used for the purposes of the referendum and the relevant elections. |
|
| | (2) | Where a person’s entry in that list does not relate to the referendum and each |
|
| | relevant election the entry must— |
|
| | (a) | indicate whether it relates to the referendum, and |
|
| | (b) | identify any relevant election to which it relates. |
|
| | (3) | In this paragraph “list of persons to whom ballot papers are delivered in |
|
| | consequence of late alterations to the register” means a list compiled under— |
|
| | (a) | rule 35 of the referendum rules, |
|
| | (b) | rule 41B of the Assembly Elections Rules, or |
|
| | (c) | rule 39A of the Local Elections Rules. |
|
| | Procedure on close of poll |
|
| | 28 (1) | In rule 37(1) of the referendum rules the reference to polling agents includes a |
|
| | reference to polling agents appointed for the purposes of the relevant elections. |
|
| | (2) | In rule 43(1) of the Assembly Elections Rules the reference to polling agents |
|
| | |
| | (a) | polling agents appointed for the purposes of the referendum; |
|
| | (b) | polling agents appointed for the purposes of the local election. |
|
| | (3) | In rule 41(1) of the Local Elections Rules the reference to polling agents |
|
| | |
| | (a) | polling agents appointed for the purposes of the referendum; |
|
| | (b) | polling agents appointed for the purposes of the Assembly election. |
|
| | 29 (1) | A packet made up under one of the following provisions may not be combined |
|
| | with a packet made up under another of those provisions. |
|
| | |
| | (a) | rule 37(1)(b), (c) or (f) of the referendum rules; |
|
| | (b) | rule 43(1)(b), (c) or (e) of the Assembly Elections Rules; |
|
| | (c) | rule 41(1)(b), (c) or (e) of the Local Elections Rules. |
|
| | 30 (1) | The ballot paper account prepared under one of the following provisions may |
|
| | not be combined with the ballot paper account made up under another of those |
|
| | |
| | |
| | (a) | rule 37(6) of the referendum rules; |
|
|
|
| |
| |
|
| | (b) | rule 43(3) of the Assembly Election Rules; |
|
| | (c) | rule 41(3) of the Local Election Rules. |
|
| |
| | Attendance and arrangements for counting |
|
| | 31 (1) | The Chief Electoral Officer must make arrangements for carrying out the |
|
| | functions conferred by paragraph 32, and for counting the votes as soon as |
|
| | practicable, in the presence of the counting agents. |
|
| | (2) | The Chief Electoral Officer must give the counting agents— |
|
| | (a) | notice in writing of the time and place at which the proceedings under |
|
| | |
| | (b) | notice of the time and place at which the counting of the votes will |
|
| | |
| | (3) | A person may be present at those proceedings or at the counting of the votes |
|
| | only if the person falls within— |
|
| | (a) | paragraphs (a) to (e) of rule 38(4) of the referendum rules, |
|
| | (b) | paragraphs (a) to (e) of rule 44(2) of the Assembly Elections Rules, or |
|
| | (c) | paragraphs (a) to (e) of rule 44(1) of the Local Elections Rules, |
|
| | | or the person is permitted by the Chief Electoral Officer to attend. |
|
| | (4) | The Chief Electoral Officer may give a person permission under sub- |
|
| | |
| | (a) | the officer is satisfied that the person’s attendance will not impede the |
|
| | efficient conduct of the proceedings, and |
|
| | (b) | the officer has consulted the referendum agents and election agents or |
|
| | thought it impracticable to do so. |
|
| | (5) | The Chief Electoral Officer must give the counting agents— |
|
| | (a) | whatever reasonable facilities for overseeing the proceedings |
|
| | (including, in particular, facilities for satisfying themselves that the |
|
| | ballot papers are correctly sorted), and |
|
| | (b) | whatever information with respect to the proceedings, |
|
| | | the officer can give them consistently with the orderly conduct of the |
|
| | proceedings and the discharge of the officer’s duties. |
|
| | Counting and separation of ballot papers |
|
| | 32 (1) | As soon as practicable after the close of the poll the Chief Electoral Officer |
|
| | |
| | (a) | in the presence of the counting agents, open the ballot boxes and count |
|
| | and record separately the number of ballot papers relating to the |
|
| | referendum and each relevant election; |
|
| | (b) | count the postal ballot papers that have been duly returned for the |
|
| | referendum and each relevant election and record separately the |
|
| | |
| | (c) | separate the ballot papers relating to the referendum and those relating |
|
| | to each relevant election. |
|
| | (2) | A postal ballot paper is not to be taken to be duly returned unless— |
|
| | (a) | it is returned in the proper envelope so as to reach the Chief Electoral |
|
| | Officer before the close of the poll and is accompanied by the |
|
| | declaration of identity duly signed and authenticated, and |
|
| | (b) | in the case of an elector, the declaration of identity states the elector’s |
|
| | date of birth and the Chief Electoral Officer is satisfied that the date |
|
|
|
| |
| |
|
| | stated corresponds with the date supplied as the elector’s date of birth |
|
| | in pursuance of section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the |
|
| | |
| | (3) | Unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act applies, the |
|
| | declaration of identity referred to in sub-paragraph (2) is not to be taken to be |
|
| | duly signed unless the Chief Electoral Officer is satisfied that the signature on |
|
| | the declaration corresponds with the signature supplied as the elector’s |
|
| | signature in pursuance of section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of that |
|
| | |
| | (4) | The Chief Electoral Officer must not count any tendered ballot papers. |
|
| | (5) | The Chief Electoral Officer, while counting and recording the number of ballot |
|
| | |
| | (a) | keep the ballot papers with their faces upwards, and |
|
| | (b) | take all proper precautions for preventing anyone from seeing the |
|
| | numbers or other unique identifying marks printed on the back of the |
|
| | |
| | (6) | The Chief Electoral Officer must, in the presence of the referendum agents and |
|
| | the election agents for the relevant elections— |
|
| | (a) | verify each ballot paper account by comparing it with the number of |
|
| | ballot papers recorded by the officer, and the unused and spoilt ballot |
|
| | papers in the officer’s possession and the tendered votes list (opening |
|
| | and resealing the packets containing the unused and spoilt ballot |
|
| | papers and the tendered votes list); |
|
| | (b) | draw up a separate statement as to the result of the verification in |
|
| | |
| | (7) | An election agent for a relevant election may copy the statement relating to that |
|
| | |
| | (8) | A counting agent for the referendum present at the verification may copy the |
|
| | statement relating to the referendum. |
|
| | (9) | Once the statement relating to the referendum is drawn up, the Chief Electoral |
|
| | Officer must inform the Chief Counting Officer of the contents of the |
|
| | |
| | (10) | If the Chief Electoral Officer has not begun to count the votes given on the |
|
| | ballot papers for a particular poll by the time the statements under sub- |
|
| | paragraph (6)(b) in relation to all the polls are prepared— |
|
| | (a) | the ballot papers for that poll must be sealed into packets, each of |
|
| | which must be endorsed with a description of its contents, and |
|
| | (b) | the packets may not be opened until the Chief Electoral Officer begins |
|
| | dealing with the ballot papers in those packets under paragraph 33(1). |
|
| | |
| | 33 (1) | The Chief Electoral Officer must count the votes given on the ballot papers, |
|
| | separately in respect of the referendum and each relevant election, but must not |
|
| | |
| | (a) | in the case of postal ballot papers, they have been mixed with the ballot |
|
| | papers from at least one ballot box; |
|
| | (b) | in the case of ballot papers from a ballot box, they have been mixed |
|
| | with the ballot papers from at least one other ballot box. |
|
| | (2) | The Chief Electoral Officer, while counting the votes, must— |
|
| | (a) | keep the ballot papers with their faces upwards, and |
|
|
|
| |
| |
|
| | (b) | take all proper precautions for preventing anyone from seeing the |
|
| | numbers or other unique identifying marks printed on the back of the |
|
| | |
| | (3) | The Chief Electoral Officer must so far as practicable proceed continuously |
|
| | with the counting of votes, allowing only time for refreshment, except that— |
|
| | (a) | the officer may exclude the whole or any part of the period between |
|
| | 11 pm and 9 am on the next day; |
|
| | (b) | the officer may exclude a day mentioned in rule 2(1) of the referendum |
|
| | |
| | (4) | During the time so excluded the Chief Electoral Officer must— |
|
| | (a) | place the ballot papers and other documents relating to the referendum |
|
| | or election under the officer’s own seal and the seals of any of the |
|
| | counting agents who want to affix their seals, and |
|
| | (b) | otherwise take proper precautions for the security of the papers and |
|
| | |
| | |
| | 34 | Paragraphs 31 to 33 apply instead of— |
|
| | (a) | rules 38 and 39 of the referendum rules; |
|
| | (b) | rules 44 and 44B of the Assembly Elections Rules; |
|
| | (c) | rules 43(1), 44 and 45 of the Local Elections Rules. |
|
| | Ballot papers placed in wrong ballot box |
|
| | 35 | Where separate ballot boxes are used for the referendum and a relevant |
|
| | election, the placing of a ballot paper in the wrong ballot box does not render |
|
| | |
| |
| | |
| | 36 | The result of the referendum or a relevant election may not be declared until |
|
| | the statement as to the result of the verification of the ballot paper accounts in |
|
| | relation to each poll has been prepared. |
|
| Disposal of documents etc |
|
| | Retention of certain documents by Chief Electoral Officer |
|
| | 37 (1) | Rules 49(1)(b) and 51 of the referendum rules apply to the documents specified |
|
| | in sub-paragraphs (c) and (e) of paragraph (1) of rule 58 of the Local Elections |
|
| | Rules, and that paragraph applies as if those sub-paragraphs were omitted. |
|
| | (2) | Rule 56(8) of the Assembly Elections Rules and rule 59(7) of the Local |
|
| | Elections Rules each have effect as if for “by this rule provided” there were |
|
| | substituted “provided by this rule (or a court order)”. |
|
| | Countermand or abandonment of poll |
|
| | |
| | (a) | under rule 63 of the Assembly Elections Rules notice of the poll at an |
|
| | Assembly election is countermanded or it is directed that the poll be |
|
| | |
|
|
| |
| |
|
| | (b) | under rule 61 of the Local Elections Rules notice of the poll at a local |
|
| | election is countermanded or it is directed that the poll be abandoned, |
|
| | | the countermand or direction does not affect the poll for the other election or |
|
| | the poll for the referendum. |
|
| | (2) | If the poll for a relevant election is abandoned because of a candidate’s death— |
|
| | (a) | no further ballot papers at that election must be delivered in any |
|
| | |
| | (b) | at the close of the other polls the presiding officer must comply with |
|
| | the requirements of rule 43 of the Assembly Elections Rules (where |
|
| | the abandoned poll was the poll for the Assembly election) or rule 41 |
|
| | of the Local Elections Rules (where the abandoned poll was the poll |
|
| | for the local election) as if the poll for the relevant election had not |
|
| | |
| | (c) | the Chief Electoral Officer must dispose of the ballot papers used at |
|
| | the abandoned election and other documents in the officer’s |
|
| | possession as the officer would have been required to do on the |
|
| | completion of the counting of the votes. |
|
| | (3) | In a case falling within sub-paragraph (2)— |
|
| | (a) | a ballot paper account for the abandoned election need not be prepared |
|
| | |
| | (b) | the Chief Electoral Officer, having separated the ballot papers relating |
|
| | to the referendum and each relevant election, must take no further step |
|
| | for the counting of the ballot papers used at the abandoned election or |
|
| | for the counting of the votes; |
|
| | (c) | the Chief Electoral Officer must seal up the ballot papers used at the |
|
| | abandoned election whether the votes on them have been counted or |
|
| | |
| | (d) | it is not necessary to seal up counted and rejected ballot papers used at |
|
| | the abandoned election in separate packets. |
|
| | (4) | This paragraph applies instead of— |
|
| | (a) | rule 65(1) to (6) of the Assembly Elections Rules; |
|
| | (b) | rule 61(2) of the Local Elections Rules. |
|
| | |
| | Forms referred to in Part 1 |
|
| Note - The forms contained in this Part may be adapted so far as circumstances require. |
| | |
|
| |
|