HC Deb 10 February 1977 vol 925 cc1791-3

Interpretation

1. In this Schedule "referendum" means a referendum held in pursuance of section (Referendums in Scotland and Wales) of this Act; and "the Scottish referendum" and "the Welsh referendum" mean respectively the referendum mentioned in paragraph (a) of subsection (1) of that section and that mentioned in paragraph (b) of that subsection.

Date of referendums

2. The referendums shall be held on such day as Her Majesty may by Order in Council appoint (the same day being appointed for both referendums).

Persons eligible to vote

3. Those entitled to vote in the Scottish referendum shall be—

  1. (a) the persons who, at the date of the referendum, would be entitled to vote as electors at a parliamentary election in any constituency in Scotland; and
  2. (b) peers who at that date would be entitled to vote as electors at a local government election in any electoral area in Scotland.

4. Those entitled to vote in the Welsh referendum shall be—

  1. (a) the persons who, at the date of the referendum, would be entitled to vote as electors at a parliamentary election in any constituency in Wales; and
  2. (b) peers who at that date would be entitled to vote as electors at a local government election in any electoral area in Wales.

Questions to be asked and forms of ballot papers

5. The question to be asked in the Scottish referendum, and the front of the ballot paper to be used for that purpose, shall be in the form set out in Appendix 1 to this Schedule.

6. The question to be asked in the Weish referendum, and the front of the ballot paper to be used for that purpose, shall be in the form set out in Appendix 2 to this Schedule.

Conduct of referendums

7. Subject to the following provisions of this Schedule, Her Majesty may by Order in Council make provision as to the conduct of each referendum and apply, in relation to it, with such modifications or exceptions as may be specified in the Order, any provision of the Representation of the People Acts, any provision of the enactments relating to returning officers and any provision made under any enactment.

8. An Order in Council under this Schedule shall not charge any sum on the Consolidated Fund but may provide for the expenses of the returning officers to be defrayed as administrative expenses of the Secretary of State.

9. The functions which, in relation to a parliamentary election, are conferred on returning officers by any provision applied by an Order in Council under this Schedule shall be discharged—

  1. (a) in relation to the Scottish referendum, by the persons who, under section 6 of the Local Government (Scotland) Act 1973 are, or may discharge the functions of, returning officers at elections of councillors for regional or islands councils; and
  2. (b) in relation to the Welsh referendum, by the persons who, under section 41 of the Local Government Act 1972, are, or may discharge the functions of, returning officers at elections of councillors of districts.

10. The Secretary of State shall appoint a Chief Counting Officer for Scotland and a Chief Counting Officer for Wales and—

  1. (a) the Chief Counting Officer for Scotland shall appoint a counting officer for each region and islands area; and
  2. (b) the Chief Counting Officer for Wales shall appoint a counting officer for each county in Wales;
and each counting officer shall conduct the counting of votes cast in the area for which he is appointed in accordance with any directions given to him by the Chief Counting Officer.

11. The counting officer for each area shall certify the number of ballot papers counted by him and of the respective answers given by valid votes and—

  1. (a) the Chief Counting Officer for Scotland shall certify the total of the ballot papers and respective answers for the whole of Scotland; and
  2. (b) the Chief Counting Officer for Wales shall certify the total of the ballot papers and respective answers for the whole of Wales.

12. The council of each district in Scotland or Wales shall place the services of its officers at the disposal of the counting officers; and if the council of any region in Scotland so requests, the council of any district situated in that region shall place the services of officers employed by it at the disposal of any officer of the council of the region for the purpose of assisting him in the discharge of any functions conferred on him in relation to the Scottish referendum.

Welsh version

13. Section 2(1) of the Welsh Language Act 1967 (power to prescribe Welsh version) shall apply in relation to an Order in Council under this Schedule as if the Order were an enactment within the meaning of that Act.

Exclusion of legal proceedings

14. No court shall entertain any proceedings for questioning the numbers, as certified by the Chief Counting Officer or any counting officer, of any ballot papers counted or answers given in either referendum.

Orders in Council

15. No recommendation shall be made to Her Majesty to make an Order in Council under this Schedule until a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

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