The Local Authorities (Conduct of Referendums) (England) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply only in relation to England, make provision for the conduct of referendums to be held under section 27 of the Local Government Act 2000 (“the 2000 Act”), or by virtue of regulations or an order made under any provision of Part II of the 2000 Act.

The referendums will relate to the question whether a county, district or London borough council should adopt executive arrangements that include a mayor and cabinet executive, a mayor and council manager executive or a leader and cabinet executive.

Regulation 3, to which Part I of Schedule 1 is relevant, prescribes the form of words of the question to be asked in the referendum.

Regulation 4 requires public notice to be given of the authority’s proposals under section 25 of the 2000 Act or, as the case may be, under regulation 17 or 19 of the Local Authorities (Referendums) (Petitions and Directions) Regulations 2000 (“the Petitions and Direction Regulations”), under regulations under section 30 or 33 of the 2000 Act, or an order under section 36 of that Act. The notice must specify the date of the referendum, various matters relating to the conduct of the referendum, and of the availability for public inspection of the authority’s proposals. Regulation 4 also allows authorities to provide factual information about their proposals, outline fall-back proposals and the referendum, so long as the information is presented fairly.

Regulation 5 imposes restrictions on the material that may be published, displayed or distributed by or on behalf of the authority during the period of 28 days before the date of the referendum.

Regulation 6 imposes a “referendum expenses limit” on the amount that may be incurred by way of “referendum expenses” (both terms are defined in regulation 6(1)). An offence is created for expenditure in excess of the referendum expenses limit.

Regulation 7, to which Schedule 2 is relevant, provides for amounts relevant to the use of certain property, services and facilities to be treated as incurred by way of referendum expenses for the purposes of regulation 6.

Regulation 8 applies the provisions set out in column (1) of the Tables in Schedule 3 with the modifications (if any) shown in column (2) of those Tables, and makes some general modifications to those provisions.

Regulation 9, to which Parts II and III of Schedule 1 are relevant, makes provision in respect of the wording of referendum ballot papers.

Unless, in accordance with regulation 14(1), (7) or (11), the poll at the referendum is to be taken together with the poll at a local government election, a parliamentary election, a European Parliamentary election, or another referendum, regulation 10(1) allows a county, district or London borough council to decide that voting at the referendum shall be conducted solely by post. It also makes some general modifications which apply where such a determination has been made.

Regulation 10(4) applies where a determination has been made under regulation 10(1). It provides for the provisions set out in column (1) of Schedule 4 to apply with the modifications (if any) shown in column (2).

Regulation 11 makes provision for the functions of counting officers, and for the appointment of persons to act as observers at referendum polls (“polling observers”).

Regulation 12 provides that, unless the poll at the referendum is to be conducted by post or taken together with the poll at a parliamentary or European Parliamentary election, the hours of polling shall be between 8 am and 9 pm. Where the polls at a referendum and a parliamentary or European Parliamentary election are taken together, the hours of polling are those applicable to the election.

Regulation 13 makes provision in relation to the counting of votes at the referendum.

Subject to exceptions, regulation 14(1) requires the poll at the referendum to be taken together with the poll at specified elections, where the polling date is the same.

The first exception (regulation 14(3)) applies where public notice of the date of the referendum has been given (under regulation 4 of these Regulations) before an announcement has been made as to the date of—

• a parliamentary (general) election,

• a European Parliamentary election,

• an election to fill a vacancy in a parliamentary constituency that is wholly or partly within the area of the local authority by which, or as regards which, the referendum is to be held, or

• an election (other than an ordinary election) of the Mayor of London under subsection (2) of section 16 (filling a vacancy in the office of Mayor) of the Greater London Authority Act 1999, and the date of the referendum is not the same as that of the election, or where a determination has been made under regulation 10(1) that the poll at the referendum should be conducted by post.

In these cases, the referendum is to be held on the date of which notice has been given under regulation 4 of these Regulations.

The second exception (regulation 14(5)) applies where the combination of polls in accordance with regulation 14(1) would result in the poll at the referendum being held between 5 and 6 months after the date that is determined for the purposes of Part II of the Petitions and Directions Regulations as the “petition date” or, in a case in which the Secretary of State has directed that a referendum be held, the date of his direction. In such a case the referendum may be (but need not be) held in the period provided by regulation 16 or, as the case may be, regulation 21 of the Petitions and Directions Regulations.

Regulation 15 specifies modifications that are to have effect in relation to the referendum where polls are combined in accordance with regulation 14(1) or (7). These modifications include those set out in Part V of Schedule 5.

Regulation 16 specifies modifications that are to have effect in relation to the election or, as the case may be, the elections, where polls are combined in accordance with regulation 14(1) or (7). These modifications include those set out in Parts II to IV of Schedule 5.

Regulation 17 specifies modifications that are to have effect in relation to the referendums where polls at more than one referendum are combined in accordance with regulation 14(11). These modifications include those set out in Part V of Schedule 5.

Regulation 18, which is subject to regulations 20 and 21, deals with the result of referendums and further referendums. It specifies what authorities are to do in the event of a majority of “yes” votes (paragraphs (1) and (3)) and a majority of “no” votes (paragraphs (2) and (4)).

Regulations 19 to 21 make provision for the result of referendums and further referendums to be challenged.

Regulation 19 specifies the grounds of challenge and the period within which an application (a “referendum petition”) must be made. It also sets out the procedures applicable to referendum petitions, and applies, through Schedules 6 and 7, provisions of the Representation of the People Act 1983 and the Election Petitions Rules 1960. In the case mentioned in paragraph (1)(d), a referendum petition cannot be brought unless leave has been obtained from the High Court.

Regulation 20 deals with the immediate consequences of the presentation of a referendum petition.

Regulation 21 makes provision for the situation after an election court has determined a referendum petition.

Regulation 22 provides for certain days to be ignored in computing periods under regulation 4(1) and under certain provisions applied by the Regulations.

Regulation 23 exempts advertisements relating specifically to the referendum from regulations under the Town and Country Planning Act 1990 controlling the display of advertisements.

Regulation 24 provides that premises used in relation to the referendum for public meetings or the taking of the poll shall be treated as unoccupied for rating purposes.

Schedule 1 sets out—

• in Part I, the form of the question to be asked in the referendum,

• in Part II, the form of the front of referendum ballot papers, and

• in Part III, the form of the back of referendum ballot papers.

Schedule 2 specifies the matters relevant for the purposes of the definition of “referendum expenses” in regulation 6(1). (These matters are similar to those set out in Schedule 13 to the Political Parties, Elections and Referendums Act 2000.)

Schedule 3 identifies the provisions of Acts, Regulations and Rules that are applied, with or without modification, in relation to the referendum—

• Table 1 applies the provisions of the Representation of the People Act 2000 relating to voting by post or proxy.

• Table 2 applies provisions in the Representation of the People Act 1983, including provision in respect of personation and other voting offences and corrupt and illegal practices.

• Table 3 applies provisions in Schedule 2 to the Local Elections (Principal Areas) Rules 1986, which contain the rules (“the Principal Areas Rules”) applicable to the conduct of elections of the council of a principal area, including a county council, a district council and a London borough council.

• Table 4 applies provisions of the Representation of the People (England and Wales) Regulations 2001 (“the Elections Regulations”) relating to applications for a postal or proxy vote and the proceedings on the issue and receipt of postal ballot papers.

Schedule 4 identifies the provisions that are applied, with or without modification, in relation to the referendum where the authority have determined under regulation 10(1) that voting in the referendum is to be conducted solely by post.

Schedule 5 makes provision in respect of combined polls for the referendum and elections—

• Part I contains general modifications and, in the Table, particular modifications of the Representation of the People Act 1985, the Representation of the People Act 2000, the Representation of the People Regulations 1986 and the Elections Regulations.

• Part II modifies the parliamentary elections rules and the European Parliamentary elections rules, and applies where the poll at such an election is combined with that at a referendum.

• Part III modifies the Rules in Schedule 2 to the Principal Areas Rules, and applies to local government elections at which the poll is combined with the poll at a referendum.

• Part IV enables the proceedings on the issue and receipt of postal ballot papers in respect of the local government election and the referendum to be taken together, and makes provision for cases where those proceedings are taken together and where they are not.

• Part V modifies the Rules in Schedule 2 to the Principal Areas Rules, as modified by Schedule 4 to those Rules, and applies where the poll at a referendum is combined with the poll at another referendum in the circumstances specified in regulation 14(9) or (10).

Schedule 6 applies provisions of the Representation of the People Act 1983 for the purposes of referendum petitions.

Schedule 7 modifies the Election Petition Rules 1960 for the purpose of their application to referendum petitions.