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The Neighbourhood Planning (Referendums) Regulations 2012

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

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8.—(1) This regulation applies, in relation to the referendum, where the poll is not taken together with the poll at a relevant election.

(2) The referendum is to be conducted in accordance with the Neighbourhood Planning Referendums Rules (set out in Schedule 3).

(3) The enactments mentioned Tables 1 to 6 of Schedule 4 have effect in relation to the referendum, subject to—

(a)unless the context otherwise requires, the general modifications specified in paragraph (4), and

(b)the modifications specified in those Tables.

(4) The general modifications are—

(a)a reference to an election must be construed as a reference to the referendum;

(b)a reference to a returning officer must be construed as a reference to the counting officer;

(c)a reference to a constituency, an electoral division or a ward, or a reference to a voting area must be construed as a reference to the referendum area;

(d)a reference to any local authority by or in respect of which an election is held must be construed as a reference to the relevant council;

(e)a reference to voting for, or a vote for, a candidate must be construed as a reference to voting for, or a vote for, an answer;

(f)a reference to promoting or procuring the election of a candidate, or furthering a person’s candidature, must be construed as a reference to promoting or procuring a particular result in the referendum;

(g)references to nomination papers and, except as mentioned in sub-paragraphs (e) and (f), references to candidates, are ignored;

(h)a reference to the return of a person must be construed as a reference to a particular result in the referendum;

(i)a reference to a person voting as an elector must be construed as a person voting on their own behalf;

(j)a reference to a person’s entitlement as an elector to an absent vote must be construed as a reference to a person’s entitlement to vote by post on their own behalf or to vote by proxy;

(k)where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents is ignored;

(l)a reference to anything having been prescribed must be construed as a reference to its being provided for by a provision of subordinate legislation applied by these Regulations;

(m)a form which is required to be used may be used with such variations as the circumstances require;

(n)a reference to the registration officer, in relation to a district, London borough, the Common Council of the City of London or the Isles of Scilly, is a reference to the relevant registration officer appointed under section 8 or 203(4) of the 1983 Act(1), and for the purpose of the exercise of a registration officer’s functions in relation to the referendum, section 52(1) to (4) (discharge of registration duties) and section 54(1), (3) and (4) (payment of expenses of registration) of that Act have effect;

(o)any reference to an enactment or instrument made under an enactment must be construed as a reference to that enactment or instrument as applied by these Regulations;

(p)so much of any provision as applies to an election petition is ignored;

(q)so much of any provision as applies only in Scotland, Wales or Northern Ireland is ignored.

(1)

1983 c.2. The relevant amendments to which are: section 11(4) of the Parliamentary Voting System and Constituencies Act 2011 (c.1), paragraphs 12, 14 and 71 of Schedule 4 to the Representation of the People Act 1985 (c.50) and paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

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