Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
On 11th September 1997, a referendum shall be held in Scotland on the establishment and tax-varying powers of a Scottish Parliament.
The propositions to be voted on in the referendum and the front of the ballot papers to be used for that purpose shall be in the form set out in Schedule 1.
Those entitled to vote in the referendum shall be the persons who, on the date of the referendum, would be entitled to vote as electors at a local government election in any electoral area in Scotland. But an alteration in a register of electors under section 11(1) or (2) or 57 of the Representation of the People Act 1983 (correction of registers and registration appeals) shall not have effect for the purposes of the referendum unless it is made before the start of the period of eleven days ending with the date of the referendum.
The Secretary of State shall appoint a Chief Counting Officer for Scotland.
The Chief Counting Officer shall appoint a counting officer for each local government area in Scotland.
Each counting officer shall—
conduct the counting of votes cast in the area for which he is appointed in accordance with paragraph 11 of Schedule 3 and any directions given by the Chief Counting Officer, and
certify, for each of the two forms of ballot paper, the number of ballot papers counted by him and the number of votes cast for each proposition.
The Chief Counting Officer shall certify, for each of the two forms of ballot paper, the total of—for the whole of Scotland.
the ballot papers counted, and
the votes cast for each proposition,
On 18th September 1997, a referendum shall be held in Wales on the establishment of a Welsh Assembly.
The propositions to be voted on in the referendum and the front of the ballot paper to be used for that purpose shall be in the form set out in Schedule 2.
Those entitled to vote in the referendum shall be the persons who, on the date of the referendum, would be entitled to vote as electors at an election for a county council or county borough council in Wales. But an alteration in a register of electors under section 11(1) or (2) or 56 of the Representation of the People Act 1983 (correction of registers and registration appeals) shall not have effect for the purposes of the referendum unless it is made before the start of the period of eleven days ending with the date of the referendum.
The Secretary of State shall appoint a Chief Counting Officer for Wales.
The Chief Counting Officer shall appoint a counting officer for each county or county borough in Wales.
Each counting officer shall—
conduct the counting of votes cast in the area for which he is appointed in accordance with paragraph 11 of Schedule 3 and any directions given by the Chief Counting Officer, and
certify the number of ballot papers counted by him and the number of votes cast for each proposition.
The Chief Counting Officer shall certify the total of—for the whole of Wales.
the ballot papers counted, and
the votes cast for each proposition,
Schedule 3 (conduct of the referendums, etc.) shall have effect.
There shall be charged on and paid out of the Consolidated Fund any expenditure which is to be charged on and paid out of that Fund by virtue of any enactment applied by Schedule 3.
Any expenditure of a Minister of the Crown—shall be paid out of money provided by Parliament.
in connection with a referendum held by virtue of this Act, or
in preparation for a Scottish Parliament or a Welsh Assembly,
This Act may be cited as the Referendums (Scotland and Wales) Act 1997.
REFERENDUM IN SCOTLAND
CONDUCT OF THE REFERENDUMS, etc.
Time
In calculating any period of time for the purposes of any provision of, or applied by, this Act, the following days shall be disregarded.
In relation to the referendum in Scotland, the days are—
a Saturday or Sunday, and
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland.
In relation to the referendum in Wales, the days are—
a Saturday or Sunday, and
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
Advertisements
The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 shall have effect in relation to the display on any site in Scotland of an advertisement relating specifically to the referendum under section 1 of this Act as they have effect in relation to the display of an advertisement relating specifically to a Parliamentary election.
The Town and Country Planning (Control of Advertisements) Regulations 1992 shall have effect in relation to the display on any site in Wales of an advertisement relating specifically to the referendum under section 2 of this Act as they have effect in relation to the display of an advertisement relating specifically to a Parliamentary election.
Premises used for election purposes
In relation to premises in Scotland, section 98 of the Representation of the People Act 1983 (premises not affected for rates) shall have effect as if the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular result in the referendum under section 1 of this Act.
In relation to premises in Wales, section 65(6) of the Local Government Finance Act 1988 (occupation for election meetings and polls) shall have effect as if—
the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular result in the referendum under section 2 of this Act, and
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 person exercising functions of a returning officer in accordance with paragraph 5(1)(b) of this Schedule for the purposes of taking the poll in the referendum under section 2 of this Act.
Returning officers and counting officers
Functions conferred by this Schedule on the returning officer shall be exercised—
in each local government area in Scotland, by the person who, under section 41 of the Representation of the People Act 1983 (local government elections in Scotland) is, or may discharge the functions of, the returning officer at an election of councillors for that area,
in each county or county borough in Wales, by the person who is for the time being appointed to act as returning officer for that county or county borough under section 35(1A)(a) of the Representation of the People Act 1983 (local government elections in Wales).
A returning officer may, in writing, appoint one or more persons to discharge all or any of his functions.
It is the returning officer’s general duty at a referendum to do all such acts and things as may be necessary for effectually conducting the referendum in the manner provided by this Schedule.
In Scotland, the council for a local government area shall place the services of its officers at the disposal of any person who is acting as returning officer or counting officer in relation to that area.
In Wales, the council for any county or county borough shall place the services of its officers at the disposal of any person who is acting as returning officer or counting officer in relation to that county or county borough.
A counting officer may, in writing, appoint one or more persons to discharge all or any of his functions.
Order 45, rule 1 of the County Court Rules 1981 (application for taxation of returning officer’s account under section 30 of the Representation of the People Act 1983) shall have effect in relation to applications made under section 30 of that Act as applied by paragraph 13(2) below.
For the purpose of sub-paragraph (1), a reference in Order 45, rule 1 to a returning officer shall be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer.
Hours of polling
The hours of polling shall be between 7 a.m. and 10 p.m.
The ballot papers
The back of the ballot papers shall be in the form set out in the Appendix.
A ballot paper—
shall be capable of being folded up,
shall have a number printed on the back, and
shall have attached a counterfoil with the same number printed on it.
For the referendum in Scotland, the two forms of ballot paper shall be of different colours.
Counting of votes, etc.
A counting officer shall, in accordance with any directions given by his Chief Counting Officer, appoint persons to observe the counting of the votes and the verification of the ballot paper accounts.
No person may attend the counting of votes for any voting area unless he is—
the counting officer for that area or a person appointed by him under rule 26 of the Parliamentary Elections Rules as applied by paragraph 13 below,
a Chief Counting Officer,
the Member of Parliament for a constituency wholly or partly within that area,
an observer appointed by the counting officer for that area under sub-paragraph (1), or
permitted by the counting officer for that area to attend the count.
A counting officer shall give observers such reasonable facilities for observing the proceedings, 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.
the ballot papers, or
in the case of the referendum in Scotland, either or both of the forms of ballot paper.
In this paragraph “voting area” means a local government area in Scotland or a county or county borough in Wales.
the packets of ballot papers in his possession,
the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,
the tendered votes lists, the lists of blind voters assisted by companions, the lists of votes marked by the presiding officer and the related statements, and the declarations made by the companions of blind voters,
the packets of counterfoils and certificates as to employment on duty on the day of the poll, and
the packets containing marked copies of registers and of lists of proxies,
Application of enactments
The provisions set out in column (1) of Tables 1 to 4 below shall have effect in relation to the referendum in Scotland.
The provisions set out in column (1) of Tables 1 to 3 and 5 below shall have effect in relation to the referendum in Wales.
In their application for the purposes of a referendum, the provisions set out in column (1) of the Tables below shall have effect with the modifications shown in column (2) and any other necessary modifications; in particular, except where the context otherwise requires—
a reference to an election shall be construed as a reference to a referendum,
a reference to a constituency shall be construed as a reference to a local government area in Scotland or a county or county borough in Wales,
a reference to voting for, or a vote for, a candidate shall be construed as a reference to voting for, or a vote for, a proposition,
a reference to promoting or procuring the election of a candidate, or furthering a person’s candidature, shall be construed as a reference to promoting or procuring a particular result in a referendum,
a reference to the return of a person shall be construed as a reference to a particular result in a referendum,
a reference to a person voting as an elector shall be construed as a reference to a person voting on his own behalf,
a reference to a person’s entitlement as an elector to an absent vote shall be construed as a reference to a person’s entitlement to vote by post on his own behalf or to vote by proxy,
where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents shall be ignored,
a reference to anything being prescribed shall be construed as a reference to its being provided for by a provision of subordinate legislation applied by this Schedule,
a form which is required to be used may be used with such variations as the circumstances may require, and
a reference to the registration officer is a reference to the relevant registration officer appointed under section 8 of the Representation of the People Act 1983; and for the purpose of the exercise of a registration officer’s functions in relation to a 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 shall have effect.
In subsection (5), for “candidate” substitute “ person ”.
In subsection (1), for the words from “from giving his vote” to the end substitute “ from giving his vote, in a referendum, in a local government area wholly or partly within the police area ”.
For “in the county in which the local government area for which the election was held is situated or which it adjoins” substitute “ in the county or county borough where, or in relation to which, the offence is alleged to have been committed ”.
For “in the statement of persons nominated include” substitute “ publish, not later than the tenth day before the date of the referendum, ”.
In paragraph (1), for the words from “but he shall not appoint” to the end substitute “ and the counting officer shall appoint and pay such persons as may be necessary for the purpose of the counting of the votes ”.
For “a candidate or his election or polling agent” substitute “ a Member of Parliament or a member of the council for a local government area in Scotland or a county or county borough in Wales ”.
After “returning officer” insert “ and the counting officer ”.
In paragraph (5), for “election agent” substitute “ observer present at the verification ”.
In paragraph (6), for “in so far as he and the agents agree” substitute “ , if his Chief Counting Officer approves, ”; and omit from “For the purposes of this exception” to the end.
For “said election” in each place substitute “ said referendum ”.
In subsection (1), for “at a parliamentary or local government election” substitute “ in a referendum ”.
In subsection (5) for “constituency or, as the case may be, electoral area” substitute “ local government area in Scotland or county or county borough in Wales ”.
In subsection (1), for “at any parliamentary or local government election” substitute “ in a referendum ”.
In subsections (1), (3) and (9), for “parliamentary or local government election” substitute “ referendum ”.
In subsections (8) and (9), for “elections of the kind in question” substitute “ local government elections ”.
In subsection (10), for “is or will be registered in the register of parliamentary electors, local government electors, or both (as the case may be)” substitute “ will be entitled to vote in the referendum ”.
For the words from “more than one ballot paper” to the end substitute “ more than one of each form of ballot paper in respect of that elector ”.
In paragraph (5), for the words “The spoilt postal ballot paper, and any other postal ballot paper issued with it under regulation 76 above,” substitute “ The returned postal ballot papers ”.
In paragraph (4) for the words from “and every such ballot box” to the end substitute “ ; and every ballot box shall, while empty, be locked by the returning officer and sealed with his seal in such manner as to prevent its being opened without breaking the seal. ”.
On the back of the card, for “elector’s ballot paper” substitute “ elector’s ballot papers ”.
For the heading “ELECTION IN THE.................... CONSTITUENCY” substitute “ REFERENDUM.................... LOCAL GOVERNMENT AREA ”.
For “constituency named above” and “above constituency” substitute “ local government area named above ”.
For “election” in each place substitute “ referendum ”.
On the front of the form, for the heading “REPRESENTATION OF THE PEOPLE ACTS” substitute “ REFERENDUM ”.
For “Ballot Paper No.” substitute “ Ballot Paper Nos. ”.
For “the ballot paper numbered as above was sent” substitute “ the ballot papers numbered as above were sent ”.
In paragraph (4) for the words from “and every such ballot box” to the end substitute “ ; and every ballot box shall, while empty, be locked by the returning officer and sealed with his seal in such manner as to prevent its being opened without breaking the seal. ”.
FORMS
No.
Referendum: [name of local government area]
Note.– The number on the ballot paper is to correspond with that on the counterfoil and is to be printed in small characters.
No./Rhif....................
*County/County Borough.................... *Sir/Bwrdeistref Sirol
*Delete whichever is inapplicable
*Dileer yr un anaddas
Note.– The number on the ballot paper is to correspond with that on the counterfoil and is to be printed in small characters.
Sylwer.– Rhaid i’r rhif ar y papur pleidleisio gyfatebâ’r rhif ar yr wrthddalen a chael ei argraffu mewn cymeriadau bach.
GUIDANCE FOR VOTERS
When you are given ballot papers make sure they are stamped with the official mark.
Take the ballot papers to one of the voting compartments and read them carefully. On each ballot paper mark a cross (X) in the box to the right of the proposition you are voting for. Put no other mark on the ballot paper or your vote may not be counted.
Fold each ballot paper in two. Show the official mark to the presiding officer, but do not let anyone see your vote. Put the ballot papers in the ballot box and leave the polling station.
If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.
GUIDANCE FOR VOTERS
When you are given a ballot paper make sure it is stamped with the official mark.
Take the ballot paper to one of the voting compartments and read it carefully. On the ballot paper mark a cross (X) in the box to the right of the proposition you are voting for. Put no other mark on the ballot paper or your vote may not be counted.
Fold the ballot paper in two. Show the official mark to the presiding officer, but do not let anyone see your vote. Put the ballot paper in the ballot box and leave the polling station.
If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.
Pan roir i chi bapur pleidleisio gwnewch yn siwr iddo gael ei stampio â’r marc swyddogol.
Ewch â’r papur pleidleisio i un o’r cabanau pleidleisio a darllenwch ef yn ofalus. Ar y papur pleidleisio rhowch groes (X) yn y blwch i’r dde o’r gosodiad yr ydych yn pleidleisio drosto. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio neu fe all na chaiff eich pleidlais ei chyfrif.
Plygwch y papur yn ddau. Dangoswch y marc swyddogol i’r swyddog llywyddu, ond peidiwch â gadael i neb weld eich pleidlais. Rhowch y papur pleidleisio yn y blwch pleidleisiau a mynd allan o’r orsaf bleidleisio.
Os bydd i chi drwy gamgymeriad ddifetha eich papur pleidleisio, ewch a’i ddangos i’r swyddog llywyddu a gofyn am un arall.
YOUR RIGHT TO VOTE AS PROXY
This proxy paper gives you the right to vote as proxy on behalf of the elector whose name is given overleaf.
Your appointment as proxy will be for the referendum only. You have the right to vote as proxy only at the referendum specified in the proxy paper.
Prior to the elector applying to have you appointed as proxy, you should have been consulted and asked if you were capable of being, and willing to be, appointed as proxy, or you should have signed a statement to the effect that you were capable of being, and were willing to be appointed as proxy. You are capable of being appointed as proxy if you are at least 18 years old on polling day, a British or other Commonwealth citizen, a citizen of any other member state of the European Union, a citizen of the Republic of Ireland and not for any reason disqualified from voting. If for any reason you are not capable of being, or are not willing to be, the proxy please advise the elector, without delay, in order that the elector may cancel the appointment.
You may vote as proxy at the polling station allotted to the elector on whose behalf you are appointed. However, you may not vote as proxy in any electoral area for more than two electors of whom you are not the husband, wife, parent, grandparent, brother, sister, child or grandchild. Shortly before polling day you will be sent a proxy poll card telling you where the polling station is. You do not need to take either the poll card or this proxy paper to the polling station but you may find it helpful to do so. You should note that the elector may still vote in person. If ballot papers are issued to the elector at the polling station before you apply there for ballot papers as the proxy, you will not be entitled to vote as the proxy.
You may also apply to vote by post as proxy at the referendum if the Electoral Registration Officer is satisfied that you cannot reasonably be expected to vote in person at the elector’s polling station. Any application to vote by post as proxy should be made on Form R.P.F. 11 REF (Scotland) which may be obtained from the Electoral Registration Officer. You should note that the Electoral Registration Officer cannot allow an application to vote by post at the referendum if he receives it after 5.00 p.m. on the eleventh working day before the poll.
It is an offence to vote, whether in person or by post, as proxy for some other person if you know that person is subject to a legal incapacity to vote, e.g. if that person has been convicted and is detained in a penal institution in pursuance of his sentence.
REFERENDUM
EICH HAWL I BLEIDLEISIO FEL DIRPRWY
This proxy paper gives you the right to vote as proxy on behalf of the elector whose name is given overleaf.
Rhydd y papur dirprwy hwn hawl i chi bleidleisio fel dirprwy dros yr etholwr(aig) a enwir drosodd.
Your appointment as proxy will be for the referendum only. You have the right to vote as proxy only at the referendum specified in the proxy paper.
Penodir chi yn ddirprwy ar gyfer y refferendwm yn unig. Mae gennych hawl i bleidleisio fel dirprwy yn y refferendwm a bennir yn y papur dirprwy yn unig.
Prior to the elector applying to have you appointed as proxy you should have been consulted and asked if you were capable of being, and willing to be, appointed as proxy, or you should have signed a statement to the effect that you were capable of being, and were willing to be appointed as proxy. You are capable of being appointed as proxy if you are at least 18 years old on polling day, a British or other Commonwealth citizen, a citizen of any other member state of the European Union, a citizen of the Republic of Ireland and not for any reason disqualified from voting. If for any reason you are not capable of being, or are not willing to be, the proxy please advise the elector, without delay, in order that the elector may cancel the appointment.
Cyn i’r etholwr(aig) wneud cais i chi gael eich penodi yn ddirprwy, dylid bod wedi ymgynghori â chi a gofyn i chi a oeddech yn gymwys i fod yn ddirprwy ac yn fodlon i gael eich penodi, neu dylech fod wedi llofnodi datganiad eich bod yn gymwys i fod yn ddirprwy ac yn fodlon i gael eich penodi. Yr ydych yn gymwys i’ch penodi yn ddirprwy os ydych yn 18 oed o leiaf ar y dyddiad pleidleisio, yn ddinesydd Prydeinig neu’n ddinesydd un arall o wledydd y Gymanwlad, yn ddinesydd un arall o aelod-wladwriaethau yr Undeb Ewropeaidd, yn ddinesydd Gweriniaeth Iwerddon a heb eich gwahardd rhag pleidleisio am unrhyw reswm. Os nad ydych, am unrhyw reswm, yn gallu bod yn ddirprwy neu yn fodlon cael eich penodi yn ddirprwy, rhowch wybod i’r etholwr(aig), yn ddioed, er mwyn i’r etholwr(aig) ddileu’r penodiad.
You may vote as proxy at the polling station allotted to the elector on whose behalf you are appointed. However, you may not vote as proxy in any electoral area for more than two electors of whom you are not the husband, wife, parent, grandparent, brother, sister, child or grandchild. Shortly before polling day you will be sent a proxy poll card telling you where the polling station is. You do not need to take either the poll card or this proxy paper to the polling station but you may find it helpful to do so. You should note that the elector may still vote in person. If a ballot paper is issued to the elector at the polling station before you apply there for a ballot paper as the proxy, you will not be entitled to vote as the proxy.
Cewch bleidleisio fel dirprwy yn yr orsaf bleidleisio a bennwyd i’r etholwr(aig) y penodwyd chi drosto/drosti. Er hynny, ni chewch bleidleisio fel dirprwy mewn unrhyw ranbarth etholiadol dros fwy na dau o etholwyr nad ydych yn wr, gwraig, rhiant, tad-cu neu fam-gu, brawd, chwaer, plentyn, wyr neu wyres iddynt. Ychydig cyn y dyddiad pleidleisio anfonir cerdyn pleidleisio dirprwy atoch yn dweud lle mae’r orsaf bleidleisio. Nid oes angen i chi fynd â ’r cerdyn pleidleisio na’r papur dirprwy hwn gyda chi i’r orsaf bleidleisio, ond hwyrach y bydd o gymorth i chi wneud hynny. Sylwer y caiff yr etholwr(aig) ddal i bleidleisio yn bersonol. Os rhoddir papur pleidleisio i’r etholwr(aig) yn yr orsaf bleidleisio cyn i chi wneud cais yno am bapur pleidleisio fel y dirprwy, ni fydd gennych hawl i bleidleisio fel y dirprwy.
You may also apply to vote by post as proxy at the referendum if the Electoral Registration Officer is satisfied that you cannot reasonably be expected to vote in person at the elector’s polling station. Any application to vote by post as proxy should be made on Form DR93 which may be obtained from the Electoral Registration Officer. You should note that the Electoral Registration Officer cannot allow an application to vote by post at the referendum if he receives it after 5.00 pm on the eleventh working day before the poll.
Cewch wneud cais hefyd am bleidleisio drwy’r post fel dirprwy yn y refferendwm os yw’r Swyddog Cofrestru Etholiadol yn fodlon nad yw’n rhesymol disgwyl i chi bleidleisio’n bersonol yng ngorsaf bleidleisio yr etholwr(aig). Dylai unrhyw gais am bleidleisio drwy’r post fel dirprwy gael ei wneud ar Ffurflen DR93 y gellir ei chael oddi wrth y Swyddog Cofrestru Etholiadol. Sylwer na all y Swyddog Cofrestru Etholiadol ganiatáu cais am bleidleisio drwy’r post yn y refferendwm os daw’r cais i law ar ôl 5.00 pm ar yr unfed diwrnod gwaith ar ddeg cyn y bleidlais.
It is an offence to vote, whether in person or by post, as proxy for some other person if you know that person is subject to a legal incapacity to vote (eg if that person has been convicted and is detained in a penal institution in pursuance of his sentence).
Mae’n drosedd pleidleisio, boed yn bersonol neu drwy’r post, fel dirprwy dros ryw berson arall os gwyddoch fod y person hwnnw yn methu yn gyfreithiol â phleidleisio, (e.e. os yw’r person wedi’i gollfarnu ac wedi’i gadw mewn carchar yn unol â ’i ddedfryd).