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Referendums (Scotland and Wales) Act 1997

Consolidated Text As Enacted Cited authorities 23 Cited in Related
Vincent
Year1997


Referendums (Scotland and Wales) Act 1997

1997 CHAPTER 61

An Act to make provision for the holding of a referendum in Scotland on the establishment and tax-varying powers of a Scottish Parliament and a referendum in Wales on the establishment of a Welsh Assembly and for expenditure in preparation for a Scottish Parliament or a Welsh Assembly.

[31st July 1997]

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:-

S-1 Referendum in Scotland.

1 Referendum in Scotland.

(1) On 11th September 1997, a referendum shall be held in Scotland on the establishment and tax-varying powers of a Scottish Parliament.

(2) 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.

(3) 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 electo ral 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.

(4) The Secretary of State shall appoint a Chief Counting Officer for Scotland.

(5) The Chief Counting Officer shall appoint a coun ting officer for each local government area in Scotland.

(6) Each counting officer shall—

(a) 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

(b) 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.

(7) The Chief Counting Officer shall certify, for each of the two forms of ballot paper, the total of-

(a) the ballot papers counted, and

(b) the votes cast for each proposition,

for the whole of Scotland.

S-2 Referendum in Wales.

2 Referendum in Wales.

(1) On 18th September 1997, a referendum shall be held in Wales on the establishment of a Welsh Assembly.

(2) 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.

(3) 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.

(4) The Secretary of State shall appoint a Chief Counting Officer for Wales.

(5) The Chief Counting Officer shall appoint a counting officer for each county or county borough in Wales.

(6) Each counting officer shall—

(a) 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

(b) certify the number of ballot papers counted by him and the number of votes cast for each proposition.

(7) The Chief Counting Officer shall certify the total of—

(a) the ballot papers counted, and

(b) the votes cast for each proposition,

for the whole of Wales.

S-3 Referendums: supplementary.

3 Referendums: supplementary.

3. Schedule 3 (conduct of the referendums, &c.) shll have effect.

S-4 Exclusion of legal proceedings.

4 Exclusion of legal proceedings.

4.No court shall entertain any proceedings for questioning the number of ballot papers counted or votes cast as certified by a Chief Counting Officer or counting officer appointed in accordance with section 1(4) or (5) or 2(4) or (5).

S-5 Expenditure.

5 Expenditure.

(1) 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.

(2) Any expenditure of a Minister of the Crown—

(a) in connection with a referendum held by virtue of this Act, or

(b) in preparation for a Scottish Parliament or a Welsh Assembly, shall be paid out of money provided by Parliament.

S-6 Short title.

6 Short title.

6. This Act may be cited as theReferendums (Scotland and Wales) Act 1997.

S C H E D U L E S

SCHEDULE 1

REFERENDUM IN SCOTLAND

I FORM OF FIRST BALLOT PAPER

PART I

FORM OF FIRST BALLOT PAPER

Parliament has decided to consult

people in Scotland on the Government's proposals for a Scottish

Parliament:Put a cross (X) in the appropriate box

I AGREE THAT THERE SHOULD BE A SCOTTISH PARLIAMENT

or

I DO NOT AGREE THAT THERE SHOULD BE A SCOTTISH PARLIAMENT
II FORM OF SECOND BALLOT PAPER

PART II

FORM OF SECOND BALLOT PAPER

Parliament has decided to consult people in Scotland on the Government's proposals for a Scottish Parliament to have tax-varying powers:

Put a cross (X) in the appropriate box

I AGREE THAT A SCOTTISH PARLIAMENT SHOULD HAVE TAX-VARYING POWERS

or

I DO NOT AGREE THAT A SCOTTISH PARLIAMENT SHOULD HAVE TAX-VARYING POWERS

SCHEDULE 2

REFERENDUM IN WALES: FORM OF BALLOT PAPER

Parliament has decided to consult people in Wales on the Government's proposals for a Welsh Assembly:

Mae'r Senedd wedi penderfynu ymgynghori aj phobl yng Nghymru ar gynigion y Llywodraeth ar gyfer Cynulliad i Gymru:

Put a cross (X) in the appropriate boxRhowch groes (X) yn y blwch priodol

I AGREE THAT THERE SHOULD BE A WELSH ASSEMBLY

YR WYF YN CYTUNO YDYLID CAEL CYNULLIAD I GYMRU

or neu

I DO NOT AGREE THAT THERE SHOULD BE A WELSH ASSEMBLY

NID WYF YN CYTUNO Y DYLID CAEL CYNULLIAD I GYMRU

SCHEDULE 3

CONDUCT OF THE REFERENDUMS, &C.

SCH-3.1

1. The provisions of this Schedule shall have effect in relation to the referendums under sections 1 and 2.

Time

Time

SCH-3.2

2.

(1) In calculating any period of time for the purposes of any provision of, or applied by, this Act, the following days shall be disregarded.

(2) In relation to the referendum in Scotland, the days are—

(a) a Saturday or Sunday, and

(b) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland.

(3) In relation to the referendum in Wales, the days are—

(a) a Saturday or Sunday, and

(b) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.

Advertisements

Advertisements

SCH-3.3

3.

(1) 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.

(2) 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

Premises used for election purposes

SCH-3.4

4.

(1) 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.

(2) 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—

(a) 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

(b) 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

Returning officers and counting officers

SCH-3.5

5.

(1) Functions conferred by this Schedule on the returning officer shall be exercised—

(a) 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,

(b) 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).

(2) A returning officer may, in writing, appoint one or more persons to discharge all or any of his functions.

(3) 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.

SCH-3.6

6.

(1) 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...

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