HL Deb 29 April 1985 vol 463 cc56-7

REFERENDA

Date of referendum

1. The referendum shall be held on such single day before the 1st April 1986 as Her Majesty may by Order in Council appoint.

Persons eligible to vote

2. Those entitled to vote in the referenda shall be—

  1. (a) the persons who, at the date of the referenda, would be entitled to vote as electors at a parliamentary election in any constituency in Greater London or the metropolitan county.
  2. (b) peers who at that date would be entitled to vote as electors at a local government election in any electoral area in Greater London or metropolitan county.

Question to be asked and form of ballot paper

3. The question to be asked for the referenda and the form of the ballot paper to be used for that purpose shall be in the form set out in the Appendix to this Schedule.

Conduct of referenda

4. Subject to the following provisions of this Schedule, Her Majesty may by Order in Council make provision as to the conduct of the referenda 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.

5. 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.

6. 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 in relation to the referendum be discharged 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 London boroughs or metropolitan district councils.

7. The Secretary of State shall appoint a Counting Officer for each of the relevant areas.

8. The Counting Officer shall certify the number of ballot papers counted by him and the number of respective answers given by valid votes.

9. The Greater London Council or a metropolitan county council shall place the services of its officers at the disposal of the counting officer for the relevant area, and if the Greater London Council or the metropolitan county council or the Counting officers for the relevant area so requests, the council of any London borough or metropolitan district shall place the services of its officers at the disposal of the counting officer for the relevant area.

Exclusion of legal proceedings

10. No court shall entertain any proceedings for questioning the numbers, as certified by the Counting Officer for the relevant area, of any ballot papers counted or answers given in any of the referenda.

Orders in Council

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

12. In this Schedule "relevant area" means Greater London or a metropolitan county.

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