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

Interpretation

2.—(1) In these Regulations, and in any provision as applied by these Regulations—

“the 2000 Act” means the Local Government Act 2000;

“the Elections Act” means the Political Parties, Elections and Referendums Act 2000(1);

“the RPAct 2000” means the Representation of the People Act 2000(2);

“the 1985 Act” means the Representation of the People Act 1985(3);

“the 1983 Act” means the Representation of the People Act 1983(4);

“the 1986 Regulations” means the Representation of the People Regulations 1986(5);

“the Elections Regulations” means the Representation of the People (England and Wales) Regulations 2001(6);

“the European Parliamentary Elections Rules” means the rules set out in the European Parliamentary Elections Regulations 1999(7);

“the GLA Elections Rules” means the Greater London Authority Elections (No. 2) Rules 2000(8);

“the LGA Referendum Rules” means so much of the Principal Areas Rules as are applied, with or without modification(9), in relation to a referendum by regulation 8 of these Regulations;

“the Parliamentary Elections Rules” means the rules set out in Schedule 1 to the 1983 Act;

“the Petitions and Directions Regulations” means the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000(10);

“the Principal Areas Rules” means the Local Elections (Principal Areas) Rules 1986(11);

“counting observer” means a person appointed by a counting officer under regulation 13(1)(b);

“counting officer” means a person referred to in regulation 11(1);

“elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority’s area in accordance with provisions made by or under Part II of the 2000 Act;

“further referendum” means a referendum held in pursuance of an order under regulation 21(3);

“outline fall-back proposals”—

(a)

in relation to proposals under section 25 (proposals) of the 2000 Act, means an outline of the proposals that a local authority intend to implement if their proposals under section 25 are rejected in a referendum;

(b)

in relation to proposals under regulation 17 (action before referendum) or regulation 19 (action on receipt of direction) of the Petitions and Directions Regulations, means an outline of the proposals that a local authority intend to implement if proposals that are to be the subject of a referendum under Part II or Part III of those Regulations are rejected in that referendum;

(c)

in relation to proposals under an order under section 36 (referendum following order) of the 2000 Act, means—

(i)

if the authority are then operating executive or alternative arrangements, a summary of those arrangements;

(ii)

in any other case, an outline of the proposals that the authority intend to implement if proposals that are to be the subject of a referendum are rejected in that referendum;

(d)

in relation to proposals under regulations under section 30 (operation of different executive arrangements) or section 33 (operation of alternative arrangements) of the 2000 Act, means a summary of the authority’s existing executive arrangements or existing alternative arrangements, as the case may be;

“petition organiser”, in relation to a referendum, means a person who is treated for the purposes of paragraph (4) or, as the case may be, paragraph (5) of regulation 10 (formalities of petition) of the Petitions and Directions Regulations, as the petition organiser of any valid petition (whether an amalgamated petition, a constituent petition or a post-announcement petition) received by the council by or in respect of which the referendum is held(12);

“polling observer” means a person appointed by a counting officer under regulation 11(3);

“proper officer” has the meaning given by section 270(3) of the Local Government Act 1972(13);

“proposals date”—

(a)

in relation to a referendum, other than a further referendum, means the date on which proposals—

(i)

under section 25 of the 2000 Act which involve a form of executive for which a referendum is required;

(ii)

under regulation 17 or 19 of the Petitions and Directions Regulations;

(iii)

under an order under section 36 of the 2000 Act; or

(iv)

under regulations under section 30 or 33 of that Act,

are sent to the Secretary of State; and

(b)

in relation to a further referendum, means the day which falls 2 months before the day on which the further referendum is held;

“referendum” means a referendum held under section 27 (referendum in case of proposals involving elected mayor) of the 2000 Act, or by virtue of regulations or an order made under any provision of Part II (arrangements with respect to executives etc.) of the 2000 Act;

“referendum period”, in relation to a referendum (including a further referendum), means the period beginning with—

(a)

where the proposals date precedes the coming into force of these Regulations, the date on which these Regulations come into force;

(b)

in any other case, the proposals date, and

ending on the date of the referendum; and

“voting area” means the area in which a referendum is held.

(2) Any reference in the following provisions of these Regulations to a section followed by a number is, unless the context otherwise requires, a reference to the section of the 2000 Act that bears that number.

(1)

2000 c. 41.

(2)

2000 c. 2.

(3)

1985 c. 50.

(4)

1983 c. 2.

(5)

S.I. 1986/1081; amended by S.I. 1990/520, 1991/1198 and 1728, 1992/722, 1994/342, 1995/1948 and 2001/341.

(6)

S.I. 2001/341.

(7)

S.I. 1999/1214.

(8)

S.I. 2000/427, amended by S.I. 2000/1040.

(9)

See, in particular, Table 3 in Schedule 3.

(10)

S.I. 2000/2852.

(11)

S.I. 1986/2214; amended by S.I. 1987/261, 1990/158, 1995/1948 and 2001/81.

(12)

3S.I. 2000/2852. The definition of “petition organiser” is to be found in regulation 3 of the Petitions and Directions Regulations. As to the validity of petitions, see regulation 9(1) of those Regulations. As to amalgamated, constituent and post-announcement petitions, relevant definitions are to be found in regulation 3 of those Regulations.

(13)

1972 c. 70.