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2006, or the constitution of the National Assembly for Wales, at |
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any time before the next general election to the Assembly.” |
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(7) | Schedule 1 to the Government of Wales Act 2006, as it applies in accordance |
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with subsection (5)(b) above, has effect as if— |
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(a) | the word “parliamentary” were omitted from paragraph 2(1), |
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(b) | paragraph 10 were omitted. |
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(8) | In this section “the Minister” means the Lord President of the Council or the |
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Miscellaneous and general |
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A power under this Act to make an order is exercisable by statutory |
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Schedule 11 (repeals) has effect. |
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(1) | There is to be paid out of money provided by Parliament any increase |
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attributable to this Act in the sums payable under any other Act out of money |
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(2) | There is to be charged on and paid out of the Consolidated Fund any increase |
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attributable to this Act in the sums to be charged on and paid out of that Fund |
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(3) | There is to be paid into the Consolidated Fund any increase attributable to this |
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Act in the sums payable into that Fund under any other Act. |
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This Act extends to the whole of the United Kingdom, except that— |
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(a) | Part 1 of Schedule 3 extends only to England and Wales and Scotland; |
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(b) | Part 2 of that Schedule extends only to Northern Ireland; |
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(c) | an amendment or repeal made by this Act has the same extent as the |
| 30 |
provision amended or repealed. |
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(1) | Section 9, Schedule 10 and Part 1 of Schedule 11 come into force in accordance |
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with provision made by an order under section 8(1). |
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(2) | The other provisions of this Act come into force on the day on which this Act |
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|
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|
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Further provisions about the referendum |
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1 | For the purposes of Part 7 of the 2000 Act the referendum period for the |
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(a) | begins with the day on which this Act is passed, and |
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(b) | ends with the date of the poll. |
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2 (1) | The counting officer for a voting area that is— |
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(a) | a district in England, |
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(b) | a county in England, or |
| |
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| is the person who, by virtue of section 35 of the 1983 Act, is the returning |
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officer for elections of councillors of the district, county or borough. |
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(2) | The counting officer for the City of London voting area is the person who, |
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by virtue of that section, is the returning officer for elections of councillors of |
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the London borough of Westminster. |
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(3) | The counting officer for the Isles of Scilly voting area is the person who, by |
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virtue of that section, is the returning officer for elections to the Council of |
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(4) | The counting officer for a voting area in Wales is the person who, by virtue |
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of provision made under section 13(1)(a) of the Government of Wales Act |
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2006, is the returning officer for elections of members of the National |
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Assembly for Wales for the constituency that forms the voting area. |
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(5) | The counting officer for a voting area in Scotland is the person who, by |
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virtue of provision made under section 12(1)(a) of the Scotland Act 1998, is |
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the returning officer for elections of members of the Scottish Parliament for |
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the constituency that forms the voting area. |
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(6) | The counting officer for the Northern Ireland voting area is the Chief |
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Electoral Officer for Northern Ireland. |
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Regional Counting Officers |
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3 (1) | The Chief Counting Officer may appoint a Regional Counting Officer for |
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any region in Great Britain. |
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|
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(2) | For the purposes of this paragraph the regions are— |
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Yorkshire and the Humber; |
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| The regions in England comprise the areas specified in the Table in |
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Schedule 1 to the European Parliamentary Elections Act 2002 (ignoring |
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paragraph 2(2) of that Schedule and the references to Gibraltar) as it has |
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effect for the time being. |
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Assistance to counting officers etc |
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4 (1) | A local authority whose area forms, or forms part of, a particular voting area |
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must place the services of their officers at the disposal of— |
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(a) | the counting officer for the voting area, and |
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(b) | the Regional Counting Officer (if any) appointed for the region that |
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includes the voting area, |
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| for the purpose of assisting the officer in the discharge of his or her |
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(2) | In this paragraph “local authority”— |
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(a) | in the case of a voting area that is a district or county in England, or |
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a London borough, means the council for that district, county or |
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(b) | in the case of the City of London voting area, means the Common |
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Council of the City of London; |
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(c) | in the case of the Isles of Scilly voting area, means the Council of the |
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(d) | in the case of a voting area in Wales, means the council of a county or |
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(e) | in the case of a voting area in Scotland, means the council of a local |
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General duties of counting officers etc |
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5 (1) | The Chief Counting Officer, Regional Counting Officers and counting |
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officers must do whatever things are necessary for conducting the |
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referendum in the manner provided by this Part. |
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(2) | The counting officer for a voting area is responsible, as regards that area, |
| |
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(a) | the conduct of the poll, |
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(b) | (subject to sub-paragraph (3)) the printing of the ballot papers, |
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(c) | the issue and receipt of postal ballot papers for persons entitled to |
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vote on their own behalf in the referendum and for their proxies, |
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|
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|
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(d) | the verification of the statements made under rule 38(6) of the |
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referendum rules (ballot paper accounts), and |
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(e) | the counting of the votes cast. |
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(3) | Responsibility for the printing of the ballot papers for a voting area may be |
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(a) | by the Chief Counting Officer; |
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(b) | in the case of a voting area in a region for which a Regional Counting |
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Officer is appointed, by the Chief Counting Officer or the Regional |
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| The Chief Counting Officer or Regional Counting Officer may direct the |
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counting officer concerned accordingly. |
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(4) | In the case of a region for which a Regional Counting Officer is appointed, |
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the officer must certify as regards the votes cast in the region— |
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(a) | the total number of ballot papers counted, and |
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(b) | the total number of votes cast in favour of each answer to the |
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question asked in the referendum. |
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| Where two or more forms of ballot paper are used in the referendum, a |
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separate number must be certified under paragraph (a) in relation to each |
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form of ballot paper used. |
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(5) | The Chief Counting Officer may give Regional Counting Officers or |
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(a) | directions about the discharge of their functions; |
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(b) | directions requiring them to take specified steps in preparation for |
| |
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(c) | directions requiring them to provide the Chief Counting Officer with |
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information that they have or are entitled to have. |
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(6) | A Regional Counting Officer for a region may give counting officers for |
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voting areas within that region— |
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(a) | directions about the discharge of their functions; |
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(b) | directions requiring them to take specified steps in preparation for |
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(c) | directions requiring them to provide the Regional Counting Officer |
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with information that they have or are entitled to have. |
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(7) | A power under this paragraph of a Regional Counting Officer to give a |
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direction to a counting officer is exercisable only in accordance with a |
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specific or general authorisation or direction given by the Chief Counting |
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(8) | A person to whom a direction is given under this paragraph must comply |
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(9) | This paragraph applies in addition to section 128 of the 2000 Act (Chief |
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Counting Officers, and counting officers, for referendums). |
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(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 |
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reason of a defect in the title, or a lack of title, of any person purporting to |
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exercise functions in relation to the referendum, if the person was then in |
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actual possession of, or acting in, the office giving the right to exercise the |
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|
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|
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Appointment of deputies and clerks |
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6 (1) | The Chief Counting Officer or a Regional Counting Officer or counting |
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officer may appoint deputies to carry out any or all of the officer’s functions. |
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(2) | An appointment under sub-paragraph (1) must be in writing. |
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(3) | A Regional Counting Officer may appoint however many clerks are |
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necessary to assist in carrying out the officer’s functions. |
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Counting officers etc: correction of procedural errors |
| |
7 (1) | A Regional Counting Officer or counting officer may take whatever steps the |
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officer thinks appropriate to remedy any act or omission on the part of the |
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officer or a relevant person that— |
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(a) | arises in connection with any function that the officer or relevant |
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person has in relation to the referendum, and |
| |
(b) | is not in accordance with the referendum rules or any other |
| |
requirements applicable to the referendum. |
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(2) | But a counting officer may not under this paragraph conduct a re-count of |
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the votes once a direction has been given under rule 43(3)(b) of the |
| |
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(3) | The relevant persons are— |
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(a) | a registration officer; |
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(b) | a presiding officer appointed under rule 14 of the referendum rules; |
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(c) | a clerk of, or a person providing goods or services to, the Regional |
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Counting Officer or the counting officer; |
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(d) | a deputy or assistant of— |
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(i) | the Regional Counting Officer or the counting officer, or |
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(ii) | a person mentioned in paragraph (a), (b) or (c). |
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(4) | For the purposes of sub-paragraph (3)(d) a person (“A”) is an assistant of |
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(a) | A is appointed to assist P, or |
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(b) | in the course of employment A is assisting P, |
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| in connection with any function in relation to the referendum. |
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8 | A public notice required by this Part to be given by the Chief Counting |
| |
Officer, a Regional Officer or a counting officer must be given— |
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(a) | by posting the notice in some conspicuous place in the area or region |
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for which the officer acts, or |
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(b) | in whatever other manner the officer thinks desirable for publicising |
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Role of Electoral Commission |
| |
9 (1) | The Electoral Commission must take whatever steps they think appropriate |
| |
to promote public awareness about the referendum and how to vote in it. |
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|
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|
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|
(2) | The Electoral Commission may take whatever steps they think appropriate |
| |
to provide, for persons entitled to vote in the referendum, information about |
| |
each of the two voting systems referred to in the referendum question. |
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Encouraging participation |
| |
10 (1) | The Chief Counting Officer must take whatever steps the officer thinks |
| 5 |
appropriate to encourage participation in the referendum. |
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(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. |
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(3) | This sub-paragraph applies to— |
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(a) | a Regional Counting Officer; |
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(c) | a registration officer. |
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(4) | In discharging the duty imposed by sub-paragraph (1) or (2) an officer must |
| |
have regard to any guidance issued by the Electoral Commission. |
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(5) | The Minister may reimburse any expenditure incurred by an officer for the |
| |
purposes of sub-paragraph (1) or (2). |
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11 | A permitted participant may, for any voting area, appoint an individual |
| |
(who may be the responsible person) to act as the permitted participant’s |
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agent (“referendum agent”). |
| |
12 (1) | This paragraph applies if a permitted participant appoints a referendum |
| |
| |
(2) | The responsible person must give the counting officer for the area |
| |
notification of the name and home or business address of— |
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(a) | the permitted participant, and |
| |
(b) | the referendum agent. |
| |
(3) | The notification must be given before noon on the 16th day before the date |
| |
of the poll, disregarding for this purpose— |
| |
(a) | Saturdays and Sundays, |
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(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 |
| |
| |
(c) | any day appointed as a day of public thanksgiving or mourning. |
| |
(4) | The notification must be in writing and signed by the responsible person. |
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(5) | The duties imposed on a responsible person by this paragraph may be |
| |
discharged by any person authorised in writing by the responsible person. |
| |
13 (1) | This paragraph applies if a counting officer is notified under paragraph 12 |
| |
that a permitted participant has appointed a referendum agent. |
| |
(2) | The counting officer must as soon as practicable give public notice of— |
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(a) | the name and address of the referendum agent, and |
| |
(b) | the name of the permitted participant. |
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|
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|