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The Neighbourhood Planning (Referendums) Regulations 2012

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  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Interpretation

  4. 2A.Date by which referendum must be held

  5. 3.Question to be asked in a referendum

  6. 4.Information to be made available in relation to referendums

  7. 5.Restriction on publication etc of promotional material

  8. 6.General restriction on referendum expenses

  9. 7.Notional referendum expenses

  10. 8.Conduct of referendum: poll at referendum not taken together with poll at relevant election or referendum

  11. 9.Counting officer

  12. 10.Cross-boundary referendum areas and the Chief Counting Officer

  13. 11.Combination of polls: general

  14. 12.Combination of polls: conduct of referendum

  15. 13.Combination of polls: supplementary provisions relating to relevant elections

  16. 14.Advertisements

  17. 15.Non-domestic rating: premises used for referendum purposes

  18. 16.Referendums not arranged by the local planning authority

  19. 17.Business referendums

  20. Signature

    1. SCHEDULE 1

      Question to be asked in a referendum

      1. 1.Do you want [insert name of local planning authority] to...

      2. 2.Do you want the type of development in the neighbourhood...

      3. 3.Do you want the development in the community right to...

    2. SCHEDULE 2

      Matters relevant to referendum expenses

      1. 1.Advertising of any nature (whatever the medium used): Expenses in...

      2. 2.Unsolicited material addressed to voters (whether addressed to them by...

      3. 3.Any material of a description referred to in regulation 5(1)....

      4. 4.Market research or canvassing conducted for the purposes of ascertaining...

      5. 5.The provision of any property, services or facilities in connection...

      6. 6.Transport (by any means) of persons to any place or...

      7. 7.Rallies and other events, including public meetings organised so as...

      8. 8.Nothing in paragraphs 1 to 7 is to be taken...

    3. SCHEDULE 3

      THE NEIGHBOURHOOD PLANNING REFERENDUMS RULES

      1. PART 1 Citation and Interpretation

        1. 1.Citation

        2. 2.Interpretation

      2. PART 2 Provisions as to Time

        1. 3.Timetable

        2. 4.Computation of time

      3. PART 3 General Provisions

        1. 5.Notice of referendum

        2. 6.Poll to be taken by ballot

        3. 7.The ballot papers

        4. 8.The corresponding number list

        5. 9.The official mark

        6. 10.Prohibition of disclosure of vote

        7. 11.Use of schools and public rooms

        8. 12.Cross-boundary referendum areas

      4. PART 4 Action to be Taken Before the Poll

        1. 13.Notice of poll

        2. 14.Postal ballot papers

        3. 15.Provision of polling stations

        4. 16.Appointment of presiding officers and polling clerks

        5. 17.Issue of official poll cards

        6. 18.Equipment of polling stations

        7. 19.Appointment of polling observers and counting observers

        8. 20.Notification of requirement of secrecy

        9. 21.Return of postal ballot papers

      5. PART 5 The Poll

        1. 22.Admission to polling station

        2. 23.Keeping of order in station

        3. 24.Sealing of ballot boxes

        4. 25.Questions to be put to voters and proxies

        5. 26.Challenge of voter or proxy

        6. 27.Voting procedure

        7. 28.Votes marked by presiding officer

        8. 29.Voting by persons with disabilities

        9. 30.Tendered ballot papers: circumstances where available

        10. 31.Tendered ballot papers: general provisions

        11. 31A.Refusal to deliver ballot paper

        12. 32.Spoilt ballot papers

        13. 33.Correction of errors on day of poll

        14. 34.Adjournment of poll in case of riot

        15. 35.Procedure on close of poll

      6. PART 6 Counting of Votes

        1. 36.Attendance at counting of votes

        2. 37.The count

        3. 38.Re-count

        4. 39.Rejected ballot papers

        5. 40.Decisions on ballot papers

        6. 41.Equality of votes

      7. PART 7 Declaration of Result and Disposal of Documents

        1. 42.Declaration of result

        2. 43.Declaration of result: cross-boundary referendum areas

        3. 44.Sealing up of ballot papers

        4. 45.Delivery of documents to relevant registration officer

        5. 46.Orders for production of documents

        6. 47.Retention of documents

      8. PART 8 Appendix of Forms

        1. Note:—The forms contained in this Appendix may be adapted so...

        2. Form 1 - Form of Ballot Paper: Question in referendum...

        3. Form 2 - Form of Ballot Paper: Question in referendum...

        4. Form 3 - Form of Ballot Paper: Question in referendum...

        5. Form 4 - Corresponding Number List L1

        6. Form 5 - Corresponding Number List L2

        7. Form 6 - Form of Postal Voting Statement

        8. Form 7 - Official Poll Card (to be sent to...

        9. Form 8 - Official Postal Poll Card (to be sent...

        10. Form 9 - Official Proxy Poll Card (to be sent...

        11. Form 10 - Official Proxy Postal Poll Card (to be...

        12. Form 10A—Ballot Paper Refusal List

        13. Form 11 - Form of directions for the guidance of...

        14. Form 12 - Form of Certificate of Employment

        15. Form 13 - Form of declaration made by the companion...

        16. Form 1 - Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1

        17. Form 2 - Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1

        18. Form 3 - Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1

        19. Form 4 - Corresponding Number List L1

        20. Form 5 - Corresponding Number List L2

        21. Form 6: Form of Postal Voting Statement

        22. Form 7: Official poll card

        23. Form 8: Official Postal Poll Card (to be sent to a voter voting by post)

        24. Form 9: Official proxy poll card

        25. Form 10: Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)

        26. Form 10A: Ballot paper refusal list

        27. Form 11: Form of directions for the guidance of the voters and proxies in voting

        28. Form 12: Form of Certificate of Employment

        29. Form 13: declaration to be made by the companion of a voter or proxy with disabilities

    4. SCHEDULE 4

      Application, with Modification, of other Acts and Subordinate Legislation

      1. PART 1

      2. PART 2

        1. 1.The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004

        2. 2.In regulation 2 (interpretation)— (a) in paragraph (1), in the...

        3. 3.For regulation 4(8) substitute— (8) Subject to paragraph (9), where...

        4. 4.(1) Regulation 5 (functions at combined polls) is amended as...

        5. 5.(1) In regulation 6(3) and (4) (modification of provisions about...

        6. 6.In regulation 8 (modification of parliamentary elections rules)—

        7. 7.In Schedule 2 (modifications to parliamentary elections rules)—

      3. PART 3

        1. 8.Other secondary legislation about combination of polls

        2. 9.The European Parliamentary Elections Regulations 2004

        3. 10.. . . . . . . . . ....

        4. 11.. . . . . . . . . ....

        5. 12.. . . . . . . . . ....

        6. 13.. . . . . . . . . ....

        7. 14.. . . . . . . . . ....

        8. 15.The Local Elections (Principal Areas) (England and Wales) Rules 2006

        9. 16.In rule 2 (interpretation)— (a) in paragraph (1) in the...

        10. 17.In Schedule 3 (rules for conduct of an election of...

        11. 18.The Local Elections (Parishes and Communities) (England and Wales) Rules 2006

        12. 19.In rule 2(1) (interpretation)— (a) in the definition of “counting...

        13. 20.In Schedule 3 (rules for conduct of an election of...

        14. 21.The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

        15. 22.In regulation 2 (interpretation), in the definition of “the Referendums...

        16. 23.In Schedule 3 (mayoral election (combination of polls) rules), in...

        17. 24.The Greater London Authority Elections Rules 2007

        18. 25.In rule 2(1) (interpretation) in the definition of “referendum” after...

        19. 26.In rule 5(1) (rules for Authority elections combined with a...

        20. 27.In Schedule 5 (the constituency members election rules)—

        21. 28.In Schedule 6 (the London members election rules)—

        22. 29.In Schedule 7 (the Mayoral election rules)—

        23. 30.In Schedule 8 (combined manual count rules) in paragraph 2(1)...

        24. 31.The Local Authorities (Conduct of Referendums) (England) Regulations 2012

        25. 32.In regulation 2(1) (interpretation), in the definition of “relevant election...

        26. 33.In regulation 10 (combination of polls: general) after paragraph (8)...

        27. 34.In regulation 11 (combination of referendums and election polls: conduct...

        28. 35.The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012

        29. 36.In regulation 17(3) (combination and timing of polls: general)—

        30. 37.The Police and Crime Commissioner Elections Order 2012

        31. 38.In article 2(1) (interpretation), in the definition of “local referendum”...

        32. 39.In Schedule 4, after paragraph 13(4) insert—

    5. SCHEDULE 5

      THE NEIGHBOURHOOD PLANNING REFERENDUMS (COMBINATION OF POLLS) RULES

      1. PART 1 Citation and Interpretation

        1. 1.Citation

        2. 2.Interpretation

      2. PART 2 Provisions as to Time

        1. 3.Timetable

        2. 4.Computation of time

      3. PART 3 General Provisions

        1. 5.Notice of referendum

        2. 6.Poll to be taken by ballot

        3. 7.The ballot papers

        4. 8.The corresponding number list

        5. 9.The official mark

        6. 10.Prohibition of disclosure of vote

        7. 11.Use of schools and public rooms

        8. 12.Cross-boundary referendum areas

      4. PART 4 Action to be Taken Before the Poll

        1. 13.Notice of poll

        2. 14.Postal ballot papers

        3. 15.Provision of polling stations

        4. 16.Appointment of presiding officers and polling clerks

        5. 17.Issue of official poll cards

        6. 18.Equipment of polling stations

        7. 19.Appointment of polling observers and counting observers

        8. 20.Notification of requirement of secrecy

        9. 21.Return of postal ballot papers

      5. PART 5 The Poll

        1. 22.Admission to polling station

        2. 23.Keeping of order in station

        3. 24.Sealing of ballot boxes

        4. 25.Questions to be put to voters and proxies

        5. 26.Challenge of voter or proxy

        6. 27.Voting procedure

        7. 28.Votes marked by presiding officer

        8. 29.Voting by persons with disabilities

        9. 30.Tendered ballot papers: circumstances where available

        10. 31.Tendered ballot papers: general provisions

        11. 31A.Refusal to deliver ballot paper

        12. 32.Spoilt ballot papers

        13. 33.Correction of errors on day of poll

        14. 34.Adjournment of poll in case of riot

        15. 35.Procedure on close of poll

      6. PART 6 Counting of Votes

        1. 36.Attendance at counting of votes

        2. 37.The count

        3. 38.Re-count

        4. 39.Rejected ballot papers

        5. 40.Decisions on ballot papers

        6. 41.Equality of votes

      7. PART 7 Declaration of Result and Disposal of Documents

        1. 42.Declaration of result

        2. 43.Declaration of result: cross-boundary referendum areas

        3. 44.Sealing up of ballot papers

        4. 45.Delivery of documents to relevant registration officer

        5. 46.Orders for production of documents

        6. 47.Retention of documents

        7. 48.Countermand or abandonment of poll at relevant election on death of candidate

      8. PART 8 Appendix of Forms

        1. Note:—The forms contained in this Appendix may be adapted so...

        2. Form 1 - Form of Ballot Paper: Question in referendum...

        3. Form 2 - Form of Ballot Paper: Question in referendum...

        4. Form 3 - Form of Ballot Paper: Question in referendum...

        5. Form 4 - Corresponding Number List M1

        6. Form 5 - Corresponding Number List M2

        7. Form 6 - Form of Postal Voting Statement (for use...

        8. Form 7 - Form of Postal Voting Statement (for use...

        9. Form 8 - Official Poll Card (to be sent to...

        10. Form 9 - Official Postal Poll Card (to be sent...

        11. Form 10 - Official Proxy Poll Card (to be sent...

        12. Form 11 - Official Proxy Postal Poll Card (to be...

        13. Form 11A—Ballot Paper Refusal List

        14. Form 12 - Form of directions for the guidance of...

        15. Form 13 - Form of Certificate of Employment

        16. Form 14 - Form of declaration made by the companion...

        17. Form 1 - Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1

        18. Form 2 - Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1

        19. Form 3 - Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1

        20. Form 4 - Corresponding Number List M1

        21. Form 5 - Corresponding Number List M2

        22. Form 6: Form of Postal Voting Statement (for use when there is joint issue and receipt of postal ballot papers)

        23. Form 7: Form of Postal Voting Statement (for use when a referendum poll is combined with another poll but the postal ballot papers are not combined))

        24. Form 8: Official poll card

        25. Form 9: Official Postal Poll Card (to be sent to a voter voting by post)

        26. Form 10: Official proxy poll card

        27. Form 11: Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)

        28. Form 11A: Ballot paper refusal list

        29. Form 12: Form of directions for the guidance of the voters and proxies in voting

        30. Form 13: Form of Certificate of Employment

        31. Form 14: declaration to be made by the companion of a voter or proxy with disabilities

    6. SCHEDULE 6

      REGISTERING TO VOTE IN A BUSINESS REFERENDUM

      1. PART 1 General

        1. 1.Interpretation

        2. 2.Time

        3. 3.Forms

        4. 4.Communication of applications, notices, etc.

        5. 5.Exercise of vote

        6. 6.The named voter

      2. PART 2 Preparation for registration

        1. 7.Initial steps

        2. 8.Non-domestic rates billing information and the initial registration list

        3. 9.Publication of registration notice

        4. 10.Invitation to register

      3. PART 3 Requirements of registration

        1. 11.Registration response

        2. 12.Signatures

        3. 13.Business registration officer’s right to inspect records

        4. 14.Evidence of age or nationality

      4. PART 4 Compiling of registers and lists

        1. 15.Business voting register

        2. 16.Business voter identifier records

        3. 17.Provision of fresh signatures

        4. 18.Voters list

        5. 19.Marked register for polling stations

        6. 20.Inspection of applications

      5. PART 5 Alterations after registration

        1. 21.Cancellation or change of named voter

        2. 22.Alteration of other registration details

        3. 23.Emergency change of named voter

        4. 24.Correction of clerical errors

      6. PART 6 Reviewing the register

        1. 25.Procedure for removal from register

      7. PART 7 Application for Hearings and Appeals

        1. 26.Hearings

        2. 27.Time when alterations take effect

        3. 28.Registration appeals

      8. PART 8 Publication and supply of register and lists

        1. 29.Interpretation

        2. 30.Publication of business voting register

        3. 31.Restrictions on supply of business voting register and disclosure of information from it by the business registration officer or that officer’s staff

        4. 32.Restriction on the use of the business voting register, or information contained in it, supplied in accordance with enactments or obtained otherwise

        5. 33.Supply of copy of business voting register to the British Library and restrictions on use

        6. 34.Supply of copy of business voting register to the Office for National Statistics and restrictions on use

        7. 35.Supply of copy of business voting register to the Electoral Commission and restrictions on use

        8. 36.Supply of copy of business voting register to certain councils and restrictions on use

        9. 37.Supply of copy of business voting register to the security services

        10. 38.Supply of copy of business voting register to police forces and restrictions on use

        11. 39.Supply of copy of business voting register to public libraries and local authority archives services, and restrictions on use

        12. 40.Supply of copy of business voting register to counting officer

        13. 41.Supply of copy of voters list to counting officer

        14. 42.Communication of alterations made on polling day

        15. 43.Use of identifier information

      9. PART 9 Access to documents open to public inspection

        1. 44.Inspection of documents open to public inspection

        2. 45.Conditions on the use, supply and disclosure of documents open to public inspection

      10. PART 10 Criminal offences

        1. 46.Interference with notices

        2. 47.Provision of false information

        3. 48.Copies of the register

        4. 49.Supply of the register

        5. 50.Power to require information

      11. PART 11 Appendix of forms

        1. Form 1 – Form of invitation to register

        2. Form A – Non-domestic rate-payer registration form

        3. Form B – Voting Choices Form

    7. SCHEDULE 7

      THE NEIGHBOURHOOD PLANNING BUSINESS REFERENDUMS RULES

      1. PART 1 Citation and Interpretation

        1. 1.Citation

        2. 2.Interpretation

      2. PART 2 Provisions as to Time

        1. 3.Timetable

        2. 4.Computation of time

      3. PART 3 General Provisions

        1. 5.Consistency of ballot papers and documents

        2. 6.Notice of business referendum

        3. 7.Poll to be taken by ballot

        4. 8.The ballot papers

        5. 9.The corresponding number list

        6. 10.The official mark

        7. 11.Prohibition of disclosure of vote

        8. 12.Use of schools and public rooms

        9. 13.Cross-boundary referendum areas

      4. PART 4 Action to be Taken Before the Poll

        1. 14.Notice of poll

      5. PART 5 Postal voting

        1. 15.Postal ballot papers

        2. 16.Persons entitled to be present at proceedings on issue and receipt of postal ballot papers

        3. 17.Notification of requirement of secrecy

        4. 18.Time when postal ballot papers are issued

        5. 19.Refusal to issue postal ballot paper

        6. 20.Procedure on issue of ballot paper

        7. 21.Envelopes

        8. 22.Sealing up of completed corresponding number lists and security of special lists

        9. 23.Delivery of postal ballot papers

        10. 24.Cancellation of postal ballot papers

        11. 25.Spoilt postal ballot papers

        12. 26.Lost postal ballot papers

        13. 27.Alternative means of returning postal ballot paper or postal voting statement

        14. 28.Notice of opening of postal ballot paper envelopes

        15. 29.Postal ballot boxes and receptacles

        16. 30.Receipt of covering envelope

        17. 31.Opening of postal voters’ ballot box

        18. 32.Opening of covering envelopes

        19. 33.Confirming receipt of postal voting statements

        20. 34.Procedure in relation to postal voting statements

        21. 35.Procedure in relation to postal voting statements: personal identifier verification

        22. 36.Postal voting statements: additional personal identifier verification

        23. 37.Opening of ballot paper envelopes

        24. 38.Retrieval of cancelled postal ballot papers

        25. 39.Lists of rejected postal ballot papers

        26. 40.Checking of lists kept under rule 39

        27. 41.Sealing of receptacles

        28. 42.Forwarding of documents

      6. PART 6 Polling stations

        1. 43.Provision of polling stations

        2. 44.The appointment of presiding officers and polling clerks

        3. 45.Issue of official poll cards

        4. 46.Equipment of polling stations

        5. 47.Appointment of polling observers and counting observers

        6. 48.Notification of requirement of secrecy

      7. PART 7 The Poll

        1. 49.Admission to polling station

        2. 50.Keeping of order in polling station

        3. 51.Sealing of ballot boxes

        4. 52.Questions to be put to named voters

        5. 53.Challenge of named voter

        6. 54.Voting procedure

        7. 55.Votes marked by presiding officer

        8. 56.Voting by persons with disabilities

        9. 57.Tendered ballot papers: circumstances where available

        10. 58.Tendered ballot papers: general provisions

        11. 59.Spoilt ballot papers

        12. 60.Alterations of register on day of poll

        13. 61.Adjournment of poll in case of riot

        14. 62.Procedure on close of poll

      8. PART 8 Counting of Votes

        1. 63.Attendance at counting of votes

        2. 64.The count

        3. 65.Re-count

        4. 66.Rejected ballot papers

        5. 67.Decisions on ballot papers

        6. 68.Equality of votes

      9. PART 9 Declaration of Result and Disposal of Documents

        1. 69.Declaration of result

        2. 70.Declaration of result: cross-boundary referendum areas

        3. 71.Sealing up of ballot papers

        4. 72.Delivery of documents to business registration officer

        5. 73.Orders for production of documents

        6. 74.Retention of documents

      10. PART 10 Appendix of Forms

        1. Form 1 – form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1

        2. Form 2 – form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1

        3. Form 3 – Corresponding Number List L1

        4. Form 4 – Form of Business Referendum Postal Voting Statement

        5. Form 5 – Official Poll Card (to be sent to a named voter voting in person)

        6. Form 6 – Corresponding Number List L2

        7. Form 7 – Form of directions for the guidance of the named voters in voting

        8. Form 8 – Form of Certificate of Employment

        9. Form 9: declaration to be made by the companion of a named voter with disabilities

    8. SCHEDULE 8

      Application, with Modification, of other Acts and Subordinate Legislation in respect of Business Referendums

  22. Explanatory Note

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