The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004

Interpretation

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

“the 2000 Act” (“Deddf 2000”) means the Local Government Act 2000;

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

“the RP Act 2000” (“Deddf CB”) means the Representation of the People Act 2000(2);

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

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

“the Elections Regulations” (“Rheoliadau Etholiadau”) means the Representation of the People (England and Wales) Regulations 2001(5);

“the LGA Referendum Rules” (“Rheoliadau Refferendwm LGA”) means so much of the Principal Areas Rules as are applied, with or without modification(6), in relation to a referendum by regulation 8 of these Regulations;

“the National Assembly” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“the Parliamentary Elections Rules” (“Rheoliadau Etholiadau Seneddol”) means the rules set out in Schedule 1 to the 1983 Act;

“the Petitions and Directions Regulations” (“Rheoliadau Deisebau a Chyfarwyddiadau”) means the Local Authorities (Referendums) (Petitions and Directions) (Wales) Regulations 2001(7);

“the Principal Areas Rules” (“Rheolau'r Prif Ardaloedd”) means the Local Elections (Principal Areas) Rules 1986(8);

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

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

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

“further referendum” (“refferendwm pellach”) means a referendum held in pursuance of an order under regulation 17(3);

“outline fall-back proposals” (“cynigion amlinellol wrth gefn”) —

(a)

in relation to proposals under regulation 17 (action before referendum) or regulation 19 (action following 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;

(b)

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

(i)

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

(ii)

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

“petition organiser” (“trefnydd deiseb”), 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 local authority by or in respect of which the referendum is held(9);

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

“proper officer” (“swyddog priodol”) has the meaning given by section 270(3) of the Local Government Act 1972(10);

“proposals date” (“dyddiad cynigion”) —

(a)

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

(i)

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

(ii)

under an order under section 36 of the 2000 Act

are sent to the National Assembly; 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” (“refferendwm”) means a referendum held 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” (“cyfnod y refferendwm”), 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” (“ardal y bleidlais”) 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. 2001/341, amended by S.I. 2001/1149, 2001/1700, 2002/881, 2002/1871, 2003/1899.

(6)

See, in particular, Table 3 in Schedule 3.

(7)

S.I. 2001/2292 (W.180) as amended by S.I. 2003/398 (W.55).

(8)

S.I. 1986/2214; amended by S.I. 1987/261, 1990/158, 1995/1948, 1998/578, 2000/247, 2001/81 and 2002/185.

(9)

S.I. 2001/2292 as amended by S.I. 2003/398. 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.

(10)

1972 c. 70.