The Neighbourhood Planning (Referendums) Regulations 2012

[F1 PART 4 E+W Compiling of registers and lists

Textual Amendments

F1 Sch. 6 inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 1

Business voting register E+W

15.— (1) Subject to sub-paragraphs (2) to (4) and the procedures in Parts 5 to 8, the business registration officer must compile a register showing, in respect of each business vote holder from whom both registration response forms (completed in accordance with paragraphs 11(3) and 11(4) above) are received—

(a) the full name of the business vote holder;

(b) the full name of the named voter;

(c) the address of the business vote holder’s hereditament or, if applicable, hereditaments, in the referendum area;

(d) where paragraph 8(3) applies, the billing address of the business vote holder; and

(e) a number (with or without letters) allocated by the business registration officer to that business vote holder for the purposes of the business referendum.

(2) Where, in respect of any application to be registered—

(a) the business registration officer is not satisfied that the business vote holder is entitled to be registered, or

(b) the business registration officer is not satisfied that a named voter meets the requirements in paragraph 6(3) and (4),

the business registration officer must send to the business vote holder (and additionally, in a case mentioned in sub-paragraph (b), the named voter) a notice which—

(i) states the opinion mentioned in sub-paragraph (a) or (b), the grounds for that opinion,

(ii) requires such further information (if any) as is specified in the notice or requires the named voter to make a declaration under paragraph 12(1) or both, or

(iii) states the opinion mentioned in sub-paragraph (a) or (b), that the business registration officer intends to conduct a hearing, and the time and place at which that hearing is to take place.

(3) Where a business vote holder receives a notice of the kind mentioned in sub-paragraph (2)(i), and requests a hearing for the purposes of contesting the opinions expressed by the business registration officer in that notice, the business registration officer must hold such a hearing.

(4) Where a business vote holder who is sent a notice of the kind mentioned in sub-paragraph (2)(i) does not, within five days beginning with the date of that notice, notify the business registration officer that the business vote holder requires a hearing to be held, the business registration officer may determine without a hearing that the business vote holder may not be included on the business voting register.

(5) Where a notice of the kind mentioned in sub-paragraph (2)(ii) is sent and no response is received to the business registration officer’s satisfaction, or at all, within seven days beginning with the date of that notice, the business registration officer may send to the business vote holder a notice of a kind mentioned in sub-paragraph (3)(i).

(6) In making a determination under sub-paragraph (4), the business registration officer must take into account any written representations made to the business registration officer by the business vote holder or the named voter and may take into account the written representations of any other person who appears to the business registration officer to be interested.

Business voter identifier records E+W

16.— (1) The business registration officer must keep a record showing, in respect of each business vote holder who is registered on the business voting register—

(a) the full name and date of birth of the named voter; and

(b) except in cases where the business registration officer under paragraph 12(1) has dispensed with the requirement to provide a signature, the signature of the named voter.

(2) The identifier record must be kept until the expiry of twelve months from the date of the business referendum or the date on which the person’s details are removed from the business voting register in accordance with a provision of this Schedule, if that occurs before the date of the business referendum.

(3) The counting officer may disclose information held in an identifier record to any person attending proceedings on receipt of postal ballot papers who is entitled to do so under the Neighbourhood Planning Business Referendums Rules, but only to the extent required to permit them to observe the proceedings.

Provision of fresh signatures E+W

17.— (1) A person whose signature remains on the identifier record may, at any time before the date of the business referendum, provide the business registration officer with a fresh signature.

(2) Anything required or authorised to be done for the purpose of any enactment in relation to a signature required to be provided in pursuance of this Schedule must be done in relation to a signature provided as mentioned in sub-paragraph (1) instead of in relation to a signature provided on any earlier occasion.

Voters list E+W

18.   The business registration officer must keep a list showing, in respect of each business vote holder who is registered on the business voting register—

(a) the address to which the postal ballot paper or polling card, should be sent;

(b) the full name of the named voter; and

(c) whether the named voter is entitled to vote by post or in person.

Marked register for polling stations E+W

19.   To indicate that a named voter is entitled to vote by post and not in person, a letter “A” must be placed against that person’s entry in the business voting register provided for a polling station.

Inspection of applications E+W

20.   Each voting registration form must be made available for inspection by any member of the public at the business registration officer’s office during usual office hours until the business vote holder is registered on the business voting register.]