|
| |
|
| |
3 | The cost of taking the combined polls (excluding any cost solely attributable |
| |
to the referendum or an Assembly election), and any cost attributable to |
| |
their combination, is to be apportioned equally between— |
| |
| 5 |
(b) | the Assembly elections. |
| |
4 (1) | Articles 23 and 24 of the Welsh Assembly Order (payments by and to |
| |
returning officer etc) apply— |
| |
(a) | as if a reference to a returning officer included a reference to a |
| |
counting officer carrying out functions that, but for this Schedule, |
| 10 |
would be exercisable by a returning officer (“transferred functions”), |
| |
| |
(b) | as if, in relation to that counting officer, a reference to services or |
| |
expenses were to services rendered or expenses incurred in respect |
| |
of transferred functions. |
| 15 |
(2) | An order under article 23(1) of that Order (as it has effect as mentioned |
| |
above) may include special provision for services rendered or expenses |
| |
incurred by a counting officer in respect of transferred functions. |
| |
Publication of statement of persons nominated |
| |
5 (1) | The statement of persons nominated at an Assembly election must be |
| 20 |
published not later than noon on the 15th day before the date of the poll. |
| |
(2) | The timetable set out in rule 1(1) of the Assembly Elections Rules is to be |
| |
read with whatever modifications are necessary to give effect to this |
| |
| |
| 25 |
6 | Forms 2, 3, 4, 6, 7 and 9 in Part 3 of this Schedule are “relevant forms” for the |
| |
purposes of rule 10 of the referendum rules. |
| |
Action to be taken before poll |
| |
Corresponding number lists |
| |
7 (1) | This paragraph applies where proceedings on the issue and receipt of postal |
| 30 |
ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the |
| |
| |
(2) | The function of the constituency returning officer under rule 27 of the |
| |
Assembly Elections Rules is to be carried out by the counting officer. |
| |
(3) | If the counting officer thinks fit, the lists prepared under the following |
| 35 |
provisions may be combined in the form set out in Form 1 in Part 2 of this |
| |
| |
(a) | rule 6 of the referendum rules; |
| |
(b) | rule 27 of the Assembly Elections Rules. |
| |
(4) | In that case, sub-paragraph (3) applies instead of— |
| 40 |
(a) | rule 6(2) of the referendum rules; |
| |
(b) | rule 27(2) of the Assembly Elections Rules. |
| |
|
| |
|
| |
|
8 (1) | This paragraph applies where proceedings on the issue and receipt of postal |
| |
ballot papers are not taken together by virtue of paragraph 2 of Schedule 3 |
| |
to the Welsh Assembly Order. |
| |
(2) | The counting officer must prepare a list under sub-paragraph (3) or (4) as the |
| |
| 5 |
(3) | A list under this sub-paragraph is a list containing the numbers and other |
| |
unique identifying marks of all of the ballot papers to be provided to |
| |
presiding officers in pursuance of rule 37(1) of the Assembly Elections Rules. |
| |
| The list must be in form CM set out in Schedule 10 to the Welsh Assembly |
| |
| 10 |
(4) | A list under this sub-paragraph is a list containing the numbers and other |
| |
unique identifying marks of all of the ballot papers to be provided to |
| |
presiding officers in pursuance of the following provisions— |
| |
(a) | rule 17(1) of the referendum rules; |
| |
(b) | rule 37(1) of the Assembly Elections Rules. |
| 15 |
| The list must be in the form set out in Form 1 in Part 3 of this Schedule. |
| |
(5) | A list prepared under rule 27 of the Assembly Elections Rules must not |
| |
include details relating to ballot papers in relation to which a list is prepared |
| |
under sub-paragraph (3) or (4). |
| |
(6) | A reference in an enactment to a list prepared under rule 27 of the Assembly |
| 20 |
Elections Rules has effect, in so far as it relates to ballot papers to be provided |
| |
in pursuance of rule 37(1) of those rules, as a reference to the list prepared |
| |
under sub-paragraph (3) or (4). |
| |
(7) | Where the counting officer prepares a list under sub-paragraph (4) in |
| |
relation to ballot papers — |
| 25 |
(a) | the list prepared under rule 6 of the referendum rules must not |
| |
include details relating to those ballot papers; |
| |
(b) | a reference in an enactment to a list prepared under rule 6 of the |
| |
referendum rules has effect, in so far as it relates to ballot papers to |
| |
be provided in pursuance of rule 17(1) of the referendum rules, as a |
| 30 |
reference to the list prepared under sub-paragraph (4). |
| |
Notice of polling stations |
| |
9 (1) | No later than the time of the publication of the notice of the polls, the |
| |
counting officer must give public notice of— |
| |
(a) | the situation of each polling station; |
| 35 |
(b) | the description of voters entitled to vote there. |
| |
| |
(a) | state that the polls for the referendum, the Assembly constituency |
| |
election and the Assembly regional election are to be taken together, |
| |
| 40 |
(b) | specify the relevant voting area, constituency and region. |
| |
(3) | As soon as practicable after giving the notice the counting officer must give |
| |
| |
(a) | each of the referendum agents appointed for the officer’s area; |
| |
(b) | each of the election agents for the Assembly elections; |
| 45 |
(c) | the regional returning officer. |
| |
|
| |
|
| |
|
(4) | This paragraph applies instead of— |
| |
(a) | rule 11(3) and (4) of the referendum rules; |
| |
(b) | rule 32(2) to (4) of the Assembly Elections rules. |
| |
| |
10 (1) | This paragraph applies where proceedings on the issue and receipt of postal |
| 5 |
ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the |
| |
| |
(2) | The functions of the constituency returning officer under rule 33 of the |
| |
Assembly Elections Rules are to be carried out by the counting officer. |
| |
(3) | The form of postal voting statement to be issued to those entitled to vote by |
| 10 |
post in the referendum and in both the Assembly elections must be in the |
| |
form set out in Form 2 in Part 3 of this Schedule. |
| |
(4) | Where that form is used, this paragraph applies instead of any requirement |
| |
in the following provisions for a postal voting statement to be in a particular |
| |
| 15 |
| |
(a) | rule 12(1)(b) of the referendum rules; |
| |
(b) | rule 33(1) of the Assembly Elections Rules. |
| |
11 (1) | This paragraph applies where proceedings on the issue and receipt of postal |
| |
ballot papers are not taken together by virtue of paragraph 2 of Schedule 3 |
| 20 |
to the Welsh Assembly Order. |
| |
(2) | The form of postal voting statement to be issued to those entitled to vote by |
| |
post in the referendum must be in the form set out in Form 3 in Part 3 of this |
| |
| |
(3) | Sub-paragraph (2) applies instead of the requirement in rule 12(1)(b) of the |
| 25 |
referendum rules for a postal voting statement to be in a particular form. |
| |
(4) | The form of postal voting statement to be issued to those entitled to vote in |
| |
the Assembly elections must be in the form set out in Form 4 in Part 3 of this |
| |
| |
(5) | Sub-paragraph (4) applies instead of the requirement in rule 33(1) of the |
| 30 |
Assembly Elections Rules for a postal voting statement to be in a particular |
| |
| |
| |
12 | The functions of the constituency returning officer under rule 34 of the |
| |
Assembly Elections Rules are to be carried out by the counting officer. |
| 35 |
13 | The referendum polling stations are to be used for the combined polls. |
| |
Appointment of presiding officers and clerks |
| |
14 | The functions of the constituency returning officer under the following |
| |
paragraphs of rule 35 of the Assembly Elections Rules are to be carried out |
| |
| 40 |
(a) | paragraph (1) so far as it relates to the appointment of presiding |
| |
| |
|
| |
|
| |
|
| |
| |
15 (1) | If the counting officer thinks fit, the official poll cards used for the |
| |
referendum and the Assembly elections may be combined. |
| |
(2) | In that case, the forms required to be used for official poll cards for the |
| 5 |
referendum and elections must be adapted in whatever manner seems |
| |
| |
Equipment of polling stations |
| |
16 | The functions of the constituency returning officer under rule 37 of the |
| |
Assembly Elections Rules are to be carried out by the counting officer. |
| 10 |
17 (1) | If the counting officer thinks fit, the same ballot box may be used at the polls |
| |
for the referendum and the Assembly elections. |
| |
(2) | Where separate ballot boxes are used, each must be clearly marked to |
| |
| |
(a) | the referendum or Assembly election to which it relates, and |
| 15 |
(b) | the colour of ballot papers that should be placed in it. |
| |
(3) | This paragraph applies instead of rule 37(2) and (3) of the Assembly |
| |
| |
| |
18 | The ballot papers used for the referendum must be of a different colour from |
| 20 |
the ballot papers used for the Assembly elections. |
| |
Form of corresponding number lists provided to polling stations |
| |
19 (1) | If the counting officer thinks fit, the lists to be provided under the following |
| |
provisions may be combined in the form set out in Form 5 in Part 3 of this |
| |
| 25 |
(a) | rule 17(3)(d) of the referendum rules; |
| |
(b) | rule 37(5)(d) of the Assembly Elections Rules. |
| |
(2) | In that case, this paragraph applies instead of— |
| |
(a) | the second sentence in rule 17(3) of the referendum rules; |
| |
(b) | the requirement in rule 37(5)(d) of the Assembly Elections Rules to |
| 30 |
| |
Ballot paper displayed in polling stations |
| |
20 (1) | The large version of the ballot paper displayed inside the polling station |
| |
under rule 17(4)(a) of the referendum rules must be of the same colour as the |
| |
ballot papers to be used for the referendum. |
| 35 |
(2) | The large version of the ballot paper displayed inside the polling station |
| |
under rule 37(7)(a) of the Assembly Elections Rules in respect of each |
| |
Assembly election must be of the same colour as the ballot papers to be used |
| |
| |
|
| |
|
| |
|
Guidance to be exhibited inside and outside polling stations |
| |
21 (1) | A notice in the form set out in Form 6 in Part 3 of this Schedule, giving |
| |
directions for the guidance of voters in voting, must be printed in |
| |
conspicuous characters and exhibited inside and outside every polling |
| |
| 5 |
(2) | This paragraph applies instead of— |
| |
(a) | rule 17(6) of the referendum rules; |
| |
(b) | rule 37(14) of the Assembly Elections Rules. |
| |
Guidance to be exhibited in each polling station compartment |
| |
22 (1) | A notice in the form set out in Form 7 in Part 3 of this Schedule, giving |
| 10 |
directions for the guidance of voters in voting, must be exhibited in every |
| |
compartment of every polling station. |
| |
(2) | This paragraph applies instead of— |
| |
(a) | rule 17(7) of the referendum rules; |
| |
(b) | rule 37(15) and (16) of the Assembly Elections Rules. |
| 15 |
Notice of appointment of polling and counting agents |
| |
23 | A notice required to be given to a constituency returning officer under |
| |
rule 38(5), (6) or (7) of the Assembly Elections Rules is to be given to the |
| |
| |
Notification of requirement of secrecy |
| 20 |
24 | The functions of the constituency returning officer under rule 39(a) of the |
| |
Assembly Elections Rules are to be carried out by the counting officer. |
| |
Return of postal ballot papers |
| |
25 | Where proceedings on the issue and receipt of postal ballot papers are taken |
| |
together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly |
| 25 |
Order, the functions of the constituency returning officer under rule 40 of the |
| |
Assembly Elections Rules are to be carried out by the counting officer. |
| |
| |
Admission to the polling station |
| |
26 (1) | Rule 21(1) of the referendum rules has effect as if the persons listed there |
| 30 |
included persons who would be entitled to be admitted to the polling station |
| |
for an Assembly election if the poll for the election were held on its own. |
| |
(2) | Rule 41(1) of the Assembly Elections Rules has effect as if the persons listed |
| |
there included 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 |
| 35 |
| |
|
| |
|
| |
|
Voting by persons on duty on day of poll |
| |
27 (1) | Paragraph 2(5) of Schedule 3 has effect as if in the words after paragraph (b) |
| |
the reference to any polling station were to any polling station in the same |
| |
voting area as the allotted polling station. |
| |
(2) | A certificate as to employment on duty on the day of the poll for the |
| 5 |
referendum must be in the form set out in Form 8 in Part 3 of this Schedule. |
| |
(3) | Sub-paragraph (2) applies instead of rule 21(4)(b) of the referendum rules. |
| |
28 | The returning officer’s function of signing certificates as to employment |
| |
under rule 41(5) of the Assembly Elections Rules is to be carried out by the |
| |
| 10 |
Removal from polling station |
| |
29 | The constituency returning officer’s function under rule 42(2)(b) of the |
| |
Assembly Elections Rules of authorising someone to remove a person from |
| |
a polling station is to be carried out by the counting officer. |
| |
Voting procedure: copies of registers and lists of proxies |
| 15 |
30 (1) | If the counting 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 Assembly elections— |
| |
(a) | rule 28(2) of the referendum rules; |
| |
(b) | rule 46(1) of the Assembly Elections Rules. |
| 20 |
(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, the Assembly constituency election and the Assembly regional |
| |
election, a single mark must be placed in the register against the number of |
| 25 |
| |
(a) | rule 28(2)(c) of the referendum rules, and |
| |
(b) | rule 46(1)(c) of the Assembly 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 |
| 30 |
| |
(5) | In the case of an elector who is added to the register in pursuance of a notice |
| |
issued under section 13B(3B) or (3D) 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; |
| 35 |
(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. |
| |
(6) | Where the same copy of the register is used as mentioned in sub-paragraph |
| |
(1), this paragraph applies instead of rule 46(6) of the Assembly Elections |
| |
Rules except so far as it relates to the list of proxies. |
| 40 |
31 (1) | If the counting officer thinks fit, the counting officer may require the relevant |
| |
registration officer to produce a combined list of proxies for the referendum |
| |
and the Assembly 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— |
| |
| 5 |
(b) | the elector for whom the proxy is applying for the ballot paper, and |
| |
(c) | the referendum or Assembly election to which the ballot paper |
| |
| |
(4) | Sub-paragraph (3) applies instead of— |
| |
(a) | rule 28(2)(d) of the referendum rules; |
| 10 |
(b) | rule 46(1)(d) of the Assembly Elections Rules and rule 46(6) of those |
| |
rules so far as it relates to the list of proxies. |
| |
32 (1) | This paragraph applies where proceedings on the issue and receipt of postal |
| |
ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the |
| |
| 15 |
(2) | If the counting officer thinks fit, the counting officer may require the relevant |
| |
registration officer to produce a combined postal voters list and a combined |
| |
proxy postal voters list for the referendum and the Assembly elections. |
| |
List of votes marked by presiding officer |
| |
33 (1) | If the counting officer thinks fit, a single list of votes marked by the presiding |
| 20 |
officer may be used for the purposes of the referendum and the Assembly |
| |
| |
(2) | Where a person’s entry in that list does not relate to the referendum, the |
| |
Assembly constituency election and the Assembly regional election, the |
| |
| 25 |
(a) | indicate whether it relates to the referendum, and |
| |
(b) | identify any election to which it relates. |
| |
(3) | In this paragraph “list of votes marked by the presiding officer” means a list |
| |
| |
(a) | rule 30(4) of the referendum rules, or |
| 30 |
(b) | rule 47(2) of the Assembly Elections Rules. |
| |
(4) | Where a single list is used as mentioned in sub-paragraph (1), this paragraph |
| |
applies instead of rule 47(5) of the Assembly Elections Rules. |
| |
Declaration to be made by the companion of a voter with disabilities |
| |
34 (1) | A declaration made by the companion of a voter with disabilities must be in |
| 35 |
the form set out in Form 9 in Part 3 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 31 of the referendum rules, or |
| |
(b) | rule 48 of the Assembly Elections Rules. |
| 40 |
(3) | This paragraph applies instead of— |
| |
(a) | rule 31(5)(a) of the referendum rules; |
| |
(b) | rule 48(7)(a) of the Assembly Elections Rules. |
| |
|
| |
|