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

Combination of polls: general

14.—(1) Where, but for this paragraph, the poll at a referendum would be taken on a day that falls within the period beginning 28 days before the day on which the poll is to be taken at an election of a description mentioned in paragraph (2) and ending 28 days after the day on which the poll is to be taken at any such election, the poll at the referendum shall, subject to paragraphs (3) and (5), be taken on the day on which the poll is to be taken at the election; and the polls shall be taken together.

(2) The descriptions of election referred to in paragraph (1) are—

(a) an ordinary election of councillors for a county electoral division or, as the case may be, a district or London borough ward of the local authority by which, or as regards which, the referendum is to be held;

(b) an ordinary election of councillors for a county electoral division or, as the case may be, a district or London borough ward of any other local authority, where that division or ward is wholly or partly within the area of the local authority by which, or as regards which, the referendum is to be held;

(c) a parliamentary general election;

(d) 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;

(e) a European Parliamentary general election within the meaning of the Representation of the People Act 1985(1);

(f) a European Parliamentary election within the meaning of that Act(2);

(g) an ordinary election within the meaning of Part I (the Greater London Authority) of the Greater London Authority Act 1999(3);

(h) 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.

(3) Where, but for this paragraph, the poll at a referendum would be taken together with the poll at an election of a description specified in paragraph (2)(c), (d), (f) or (h), paragraph (1) shall not apply where—

(a) notice of the date of the referendum is given under regulation 4 before the date on which notice is given of the date of the election; and the date of the referendum is not the same as that of the election; or

(b) a determination has been made under paragraph (1) of regulation 10.

(4) In a case to which paragraph (3) applies, the poll at the referendum shall be taken on the day of which notice has been given under regulation 4.

(5) Nothing in paragraph (1) shall require the poll at a referendum to be taken together with the poll at an election where, but for this paragraph, the day on which those polls would be taken falls within the period beginning five months after the date that, in relation to the referendum, is the petition date or, as the case may be, the direction date, and ending six months after the petition date or, as the case may be, the direction date.

(6) In paragraph (5)—

“petition date” has the same meaning as in Part II (Petitions and Referendums) of the Petitions and Directions Regulations(4); and

“direction date” means the date on which the Secretary of State gives a direction under regulation 18 (circumstances in which Secretary of State may require referendum) of those Regulations.

(7) The poll at a referendum may be taken together with the poll at an election under section 89 (filling of casual vacancies in case of councillors) of the Local Government Act 1972(5) or under section 10 (filling a vacancy in an Assembly constituency) of the Greater London Authority Act 1999—

(a) where the referendum is to be held in compliance with a direction of the Secretary of State, if he so determines;

(b) in any other case, if the authority by whom the referendum is to be held so determines.

(8) Notice of a determination under paragraph (7) shall be given in writing—

(a) where the determination is made by the Secretary of State, to the authority or, as the case may be, the authorities by which the election and the referendum concerned are to be held;

(b) where the determination is made by an authority, to the authority (other than itself) by which the election concerned is to be held.

(9) Subject to paragraph (10), where an authority (“the first authority”) have given notice under regulation 4(1) of the date on which a referendum will be held in their area, no other authority—

(a) whose area includes that of the first authority; or

(b) whose area is part of that of the council of the same county as that of the first authority,

may hold a referendum in their area within the period beginning 28 days before the date of the first authority’s referendum and ending 28 days after that date unless the polls at the referendums are combined.

(10) Where the date on which a referendum is to be held in a county is the same as that on which a referendum is to be held in any district within that county, the polls shall be taken together.

(11) Where, in accordance with any of the preceding paragraphs, the poll at a referendum is required to be taken together with, and on the same day as—

(a) the poll at an election; and

(b) the poll at another referendum,

the polls shall all be taken together on that day.

(1)

See the definition in section 27(1).

(2)

See the definition in section 27(1).

(3)

1999 c. 29. See, in particular, sections 3 and 4 of that Act and section 203(1) of the Representation of the People Act 1983 as amended by the Greater London Authority Act 1999, Schedule 3, paragraph 39(2).

(4)

See the definition in regulation 3 of S.I. 2000/2852.

(5)

1972 c. 70.