Statutory Instrument 1998 No. 746

The Greater London Authority (Referendum Arrangements) Order 1998

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1998 No. 746

REFERENDUM

The Greater London Authority (Referendum Arrangements) Order 1998

	Made	18th March 1998
	Coming into force	19th March 1998

At the Court at Buckingham Palace, the 18th day of March 1998
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order has been laid before Parliament and approved by resolution of each House:

    Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 4 of the Greater London Authority (Referendum) Act 1998[1], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: -

Citation and commencement
    1.This Order may be cited as the Greater London Authority (Referendum Arrangements) Order 1998 and shall come into force on the day after the day on which it is made.

Interpretation
    2.In this Order and in any provision applied by this Order -

"the 1983 Act" means the Representation of the People Act 1983[2];

"the 1998 Act" means the Greater London Authority (Referendum) Act 1998;

"Chief Counting Officer" means the person appointed as such under section 3(1) of the 1998 Act;

"the Common Council" means the Common Council of the City of London;

"counting observer" means a person appointed by a counting officer under article 10(1)(b);

"counting officer" means a person appointed as a counting officer under section 3(2) of the 1998 Act;

"Greater London" has the meaning given by section 2(1) of the London Government Act 1963[3];

"polling observer" means a person appointed by a returning officer under article 7(3);

"the referendum" means the referendum held by virtue of section 1(1) of the 1998 Act; and

"voting area" means a London borough or the City of London.

Time
3.In calculating any period of time for the purposes of any provision of, or applied by, this Order, the following days shall be disregarded -

Advertisements
4.The Town and County Planning (Control of Advertisements) Regulations 1992[5] shall have effect in relation to the display on any site in Greater London of an advertisement relating specifically to the referendum as they have effect in relation to the display of an advertisement relating specifically to a local government election.

Non-domestic rating: premises used for referendum purposes
5.In relation to premises in Greater London, section 65(6) of the Local Government Finance Act 1988 (occupation for election meetings and polls)[6] shall have effect as if -

Alteration of Register
6.An alteration made in a register of electors or a ward list after 6th April 1998 shall be disregarded for the purposes of the referendum[7].

Returning officers
7. - (1) Functions conferred by this Order on the returning officer shall be exercised -

    (2) It is the returning officer's general duty at the referendum to do all such acts and things as may be necessary for effectually conducting the referendum in the manner provided by this Order.

    (3) The returning officer may appoint persons to attend at polling stations for the purpose of detecting personation ("polling observers").

Hours of polling
    8.The hours of polling shall be between 8 a.m. and 9 p.m. on the day of the referendum.

Ballot papers
    9. - (1) The back of the ballot papers shall be in the following form -

insert date

insert name of voting area

Note. - The number on the ballot paper is to correspond with that on the counterfoil and is to be printed in small characters.

(2) A ballot paper -

Counting of votes etc.
10. - (1) A counting officer shall, in accordance with any directions given by the Chief Counting Officer under section 3(3)(a) of the 1998 Act -

(2) A counting officer shall make arrangements for counting the votes in the presence of the counting observers as soon as practicable after the close of the poll and shall give those observers notice in writing of the time and place at which he will begin to count the votes.

(3) No person may attend the counting of votes for any voting area unless he is -

    (4) A counting officer shall give the counting observers such reasonable facilities for observing the proceedings at the counting of votes, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

    (5) Before a counting officer makes a certification under section 3(3)(b) of the 1998 Act, or makes any public announcement as to the result of the count, he shall consult the Chief Counting Officer.

Chief Counting Officer's fees and charges
    11.The following shall be charged on and paid out of the Consolidated Fund[8] -

Application of provisions
12.The provisions set out in column (1) of the Tables in Schedule 1 shall have effect in relation to the referendum with the modifications shown in column (2) of those Tables and any other necessary modifications; in particular, except where the context otherwise requires -

(l) a reference to the registration officer is -

and, for the purpose of the exercise of a registration officer's functions in relation to the referendum, sections 52(1) to (4) (discharge of registration duties) and 54(1), (3) and (4) (payment of expenses of registration) of the 1983 Act[10] shall have effect;

(m) any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied by this Order; and

(n) so much of any provision as -

shall be ignored.

Combined polls
13.Schedule 2 shall have effect where the polls at the referendum and an ordinary election of councillors for any electoral ward of a London borough are taken together in accordance with section 4(1) of the 1998 Act.

N. H. Nicholls
Clerk of the Privy Council

SCHEDULE 1Article 12

APPLICATION WITH MODIFICATION OF ACTS AND STATUTORY INSTRU MENTS

TABLE 1
REPRESENTATION OF THE PEOPLE ACT 1983 (C.2)

(1)	(2)
Provision	Modification
Section 18(1), (4) and (9) (polling districts and polling places)	After subsection (1) insert - " (1A) The polling districts and polling places designated under this section shall be the same as those used or designated for parliamentary elections, except where it appears to those responsible for the designation of parliamentary polling districts and polling places that special circumstances make it desirable for some other polling district or polling place to be designated.".
Section 35(4) (appointments by returning officers)	For "at any election mentioned in subsections (1) to (3) above" substitute "or the counting officer".
Section 36(4) and (6) (returning officer's expenditure at local election)[11]	In subsection (4) for the words from "by a returning officer" to "London borough)"substitute "in relation to the referendum by the returning officer or the counting officer for a voting area".
	In subsection (6), omit the words from the beginning to "community councillor" and after "of the returning officer" insert "or counting officer".
Section 47 (loan of equipment for local elections)[12]	In subsection (1), article 12(a) shall not apply to the reference to parliamentary elections and the words "at a local government election" shall be omitted.
	In subsection (2) for "an election held under those Acts" substitute "the referendum".
Section 49(2), (4) and (5) (effect of registers)[13]	In subsection (5) omit "parliamentary or" and "prevent the rejection of the vote on a scrutiny or".
Section 50(b) and (c) (effect of misdescription)	In paragraph (c) for "parliamentary election rules" substitute "rules made under section 36".
Section 60 (personation)
Section 61 (other voting offences)[14]	For subsections (2) to (4) substitute - " (2) A person shall be guilty of an offence if - (a) he votes on his own behalf otherwise than by proxy - (i) more than once in the same voting area; (ii) in more than one voting area; or (iii) in any voting area when there is in force an appointment of a person to vote as his proxy in the referendum in another voting area, or (b) he votes on his own behalf in person and is entitled to vote by post, or (c) he votes on his own behalf in person knowing that a person appointed to vote as his proxy has already voted in person or is entitled to vote by post, or (d) he applies for a person to be appointed as his proxy to vote for him without applying for the cancellation of a previous appointment of a third person then in force or without withdrawing a pending application for such an appointment. (3) A person shall be guilty of an offence if - (a) he votes as proxy for the same person either - (i) more than once in the same voting area, or (ii) in more than one voting area, or (b) he votes in person as proxy for a person and is entitled to vote by post as proxy for that person, or (c) he votes in person as proxy for someone whom he knows already to have voted in person. (4) A person shall also be guilty of an offence if he votes as proxy in any voting area for more than two persons of whom he is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.".
Section 63 (breach of official duty)[15]	In subsection (3) after paragraph (b) insert - " (bb) the Chief Counting Officer or a counting officer;".
Section 65 (tampering with papers)[16]	In subsection (3) - (a) for "a returning officer" substitute "the returning officer, the Chief Counting Officer, a counting officer"; and (b) for "clerk" substitute "person".
Section 66 (requirement of secrecy)[17]	For subsection (1)(b) substitute - " (b) every Member of Parliament or polling observer so attending".
Section 92 (broadcasting from outside the United Kingdom)[18]
Section 94(1) (imitation poll cards)[19]
Section 95 (schools and rooms for meetings)[20]	For subsection (1) substitute - " (1) Subject to the provisions of this section, any person is entitled, for the purpose of holding a public meeting to promote a particular result in the referendum, to use free of charge at reasonable times during the campaign period any meeting room to which this section applies. (1A) In subsection (1) "the campaign period" means the period of 25 days ending with the day before the date of the referendum.".
	Omit subsection (2).
	In subsection (3), omit "situated in the constituency".
	In subsection (4), omit "or on whose behalf".
	In subsection (5), for "candidate" substitute "person".
	For subsection (6) substitute - " (6) The lists maintained by London borough councils of meeting rooms which candidates at a parliamentary election in any constituency are entitled to use shall have effect for the purposes of the referendum; and any person shall, before the referendum, be entitled at all reasonable hours to inspect those lists or a copy of them.".
Section 97 (disturbances at election meetings)[21]	For subsection (2) substitute - " (2) This section applies to a meeting in connection with the referendum held during the campaign period. (2A) In subsection (2) "the campaign period" means the period of 25 days ending with the day before the date of the referendum.".
Section 100(1) and (2) (illegal canvassing by police officers)[22]	In subsection (1), for the words from "from giving his vote" to the end substitute "from giving his vote in the referendum in a voting area wholly or partly within the police area".
Sections 101 to 104 (conveyance of voters)[23]
Section 109 (payments for exhibition of election notices)
Section 110 (printer's name and address on election publications)[24]	For subsection (3) substitute - " (3) A person acting in contravention of this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.".
Section 111 (prohibition of paid canvassers)
Section 112(a) and (c) (providing money for illegal purposes)
Sections 113 to 115 (bribery, treating and undue influence)
Section 116(a) (rights of creditors)
Section 117(2) (granting employees right of absence to vote)	Omit "parliamentary" (where it first occurs).
In section 118 (interpretation of Part II), the definitions of "money", "pecuniary reward"and "payment"
Section 160(4) (persons guilty of corrupt practices)	For the words from the beginning of the subsection to "report" substitute "For the purposes of section 173, the incapacities are that the person convicted of a corrupt practice shall for five years from the date of the conviction".
Section 167 (application for relief)[25]
Section 168 to 170 (prosecutions for corrupt and illegal practices)[26]
Section 173 (incapacities on conviction of corrupt or illegal practice)[27]	In paragraph (a) for "imposed" substitute "mentioned" and omit the words from "as if" to the end of the paragraph.
	In paragraph (b) for the words from "be" to "illegal practice" substitute "for five years from the date of the conviction be incapable of being registered as an elector or voting at any parliamentary election or at any election to a public office held for or within any voting area where, or in relation to which, the illegal practice occurred".
Sections 174 to 176 (mitigation of incapacities, illegal payments, &c., and prosecutions)[28]
Section 177 (summary trial)	For "in the county in which the local government area for which the election was held is situated or which it adjoins" substitute "for the voting area where, or in relation to which, the offence is alleged to have been committed".
Section 178 (prosecution of offences committed outside the United Kingdom)[29]
Section 179 (offences by associations)
Section 181(1) (Director of Public Prosecutions)[30]
Section 184 (service of notices)
In section 185 (interpretation of Part III), the definitions of "judicial office", "money" and "pecuniary reward", "payment" and "public office"
Section 200(1) and (2) (public notices, and declarations)[31]
Section 202 (interpretation), the definitions in subsection (1) of "the absent voters' list", "citizen of the Union" and "relevant citizen of the Union", "elector", "legal incapacity", "the list of proxies", "person", and "voter"; and subsection (2)[32]
Section 203(1) (local government provisions as to England and Wales)[33]

Notes:

[1] 1998 c. 3.back

[2] 1983 c.2.back

[3] 1963 c.33.back

[4] 1971 c.80.back

[5] S.I. 1992/666; see regulation 3(2) and Class F in Schedule 2.back

[6] 1988 c.41.back

[7] see section 2(2) of the 1998 Act.back

[8] see section 12(1)(a) of the 1998 Act.back

[9] see section 8(2) and (5) of the City of London (Various Powers) Act 1957 (c.x) to which relevant amendments were made by section 3(2) and (3) of the City of London (Various Powers) Act 1968 (c.xxxvii) and Schedule 2 to the Representation of the People Act 1985 (c.50) ("the 1985 Act").back

[10] Sections 52 and 54 of the 1983 Act were amended by Schedules 4 and 5 to the 1985 Act.back

[11] Section 36(4) was amended by Schedule 17 to the Local Government Act 1985 (c.51) and Schedule 16 to the Local Government (Wales) Act 1994 (c.19).back

[12] Section 47(1) was amended by regulation 4 of S.I. 1991/1728.back

[13] Section 49(2) was amended by Schedule 5 to the 1985 Act and section 49(5) was substituted by Schedule 2 to S.I. 1995/1948.back

[14] Amended by Schedules 2 and 5 to the 1985 Act.back

[15] This section was substituted by Schedule 4 to the 1985 Act.back

[16] Subsections (3) and (4) were substituted by Schedule 3 to the 1985 Act.back

[17] Subsection (6) was amended by Schedule 3 to the 1985 Act.back

[18] Subsection (1) was substituted by Schedule 20 to the Broadcasting Act 1990 (c.42).back

[19] Amended by Schedule 4 to the 1985 Act.back

[20] Amended by Schedule 4 to the 1985 Act.back

[21] Subsection (2) was amended by Schedule 4 to the 1985 Act and subsection (3) by Schedule 7 to the Police and Criminal Evidence Act 1984 (c.60).back

[22] Subsection (2) was amended by Schedule 3 to the 1985 Act.back

[23] Section 103(2) was repealed, and section 104(b) amended, by Schedule 5 to the 1985 Act.back

[24] Subsection (3) was amended by Schedule 3 to the 1985 Act.back

[25] Subsection (1A) was inserted by Schedule 4 to the 1985 Act.back

[26] Sections 168 and 169 were amended by Schedule 3, 4 and 5 to the 1985 Act.back

[27] Paragraph (a) was amended by Schedule 5 to the 1985 Act.back

[28] Section 175(1) was amended by Schedule 3 to the 1985 Act and section 176 by Schedules 4 and 5 to that Act.back

[29] This section was substituted by Schedule 4 to the 1985 Act.back

[30] Amended by Schedule 4 to the 1985 Act.back

[31] Subsection (1) was substituted by Schedule 4 to the 1985 Act.back

[32] The definitions of "the absent voters' list" and "the list of proxies" were inserted by Schedule 2 to the 1985 Act. The definitions of "citizen of the Union" and "relevant citizen of the Union" were inserted by S.I. 1995/1948.back

[33] Amended by Schedule 4 to the 1985 Act, Schedule 17 to the Local Government Act 1985 and Schedule 13 to the Education Reform Act 1988 (c.40).back