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The Neighbourhood Planning (Referendums) Regulations 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Neighbourhood Planning (Referendums) Regulations 2012 No. 2031

  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Interpretation

  4. 3.Question to be asked in a referendum

  5. 4.Information to be made available in relation to referendums

  6. 5.Restriction on publication etc of promotional material

  7. 6.General restriction on referendum expenses

  8. 7.Notional referendum expenses

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

  10. 9.Counting officer

  11. 10.Cross-boundary referendum areas and the Chief Counting Officer

  12. 11.Combination of polls: general

  13. 12.Combination of polls: conduct of referendum

  14. 13.Combination of polls: supplementary provisions relating to relevant elections

  15. 14.Advertisements

  16. 15.Non-domestic rating: premises used for referendum purposes

  17. 16.Referendums not arranged by the local planning authority

  18. Signature

    1. SCHEDULE 1

      Question to be asked in a referendum

      1. 1.Do you want [insert name of local planning authority] to...

      2. 2.Do you want the type of development in the neighbourhood...

      3. 3.Do you want the development in the community right to...

    2. SCHEDULE 2

      Matters relevant to referendum expenses

      1. 1.Advertising of any nature (whatever the medium used): Expenses in...

      2. 2.Unsolicited material addressed to voters (whether addressed to them by...

      3. 3.Any material of a description referred to in regulation 5(1)....

      4. 4.Market research or canvassing conducted for the purposes of ascertaining...

      5. 5.The provision of any property, services or facilities in connection...

      6. 6.Transport (by any means) of persons to any place or...

      7. 7.Rallies and other events, including public meetings organised so as...

      8. 8.Nothing in paragraphs 1 to 7 is to be taken...

    3. SCHEDULE 3

      THE NEIGHBOURHOOD PLANNING REFERENDUMS RULES

      1. PART 1

        1. 1.Citation

        2. 2.Interpretation

      2. PART 2

        1. 3.Timetable

        2. 4.Computation of time

      3. PART 3

        1. 5.Notice of referendum

        2. 6.Poll to be taken by ballot

        3. 7.The ballot papers

        4. 8.The corresponding number list

        5. 9.The official mark

        6. 10.Prohibition of disclosure of vote

        7. 11.Use of schools and public rooms

        8. 12.Cross-boundary referendum areas

      4. PART 4

        1. 13.Notice of poll

        2. 14.Postal ballot papers

        3. 15.Provision of polling stations

        4. 16.Appointment of presiding officers and polling clerks

        5. 17.Issue of official poll cards

        6. 18.Equipment of polling stations

        7. 19.Appointment of polling observers and counting observers

        8. 20.Notification of requirement of secrecy

        9. 21.Return of postal ballot papers

      5. PART 5

        1. 22.Admission to polling station

        2. 23.Keeping of order in station

        3. 24.Sealing of ballot boxes

        4. 25.Questions to be put to voters and proxies

        5. 26.Challenge of voter or proxy

        6. 27.Voting procedure

        7. 28.Votes marked by presiding officer

        8. 29.Voting by persons with disabilities

        9. 30.Tendered ballot papers: circumstances where available

        10. 31.Tendered ballot papers: general provisions

        11. 32.Spoilt ballot papers

        12. 33.Correction of errors on day of poll

        13. 34.Adjournment of poll in case of riot

        14. 35.Procedure on close of poll

      6. PART 6

        1. 36.Attendance at counting of votes

        2. 37.The count

        3. 38.Re-count

        4. 39.Rejected ballot papers

        5. 40.Decisions on ballot papers

        6. 41.Equality of votes

      7. PART 7

        1. 42.Declaration of result

        2. 43.Declaration of result: cross-boundary referendum areas

        3. 44.Sealing up of ballot papers

        4. 45.Delivery of documents to relevant registration officer

        5. 46.Orders for production of documents

        6. 47.Retention of documents

      8. PART 8

        1. Form 1 - Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1

        2. Form 2 - Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1

        3. Form 3 - Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1

        4. Form 4 - Corresponding Number List L1

        5. Form 5 - Corresponding Number List L2

        6. Form 6 - Form of Postal Voting Statement

        7. Form 7 - Official Poll Card (to be sent to a voter voting in person)

        8. Form 8 - Official Postal Poll Card (to be sent to a voter voting by post)

        9. Form 9 - Official Proxy Poll Card (to be sent to an appointed proxy voting in person)

        10. Form 10 - Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)

        11. Form 11 - Form of directions for the guidance of the voters and proxies in voting

        12. Form 12 - Form of Certificate of Employment

        13. Form 13 - Form of declaration made by the companion of a voter or proxy with disabilities

    4. SCHEDULE 4

      Application, with Modification, of other Acts and Subordinate Legislation

      1. PART 1

      2. PART 2

        1. 1.The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004

        2. 2.In regulation 2 (interpretation)— (a) in paragraph (1), in the...

        3. 3.For regulation 4(8) substitute— (8) Subject to paragraph (9), where...

        4. 4.(1) Regulation 5 (functions at combined polls) is amended as...

        5. 5.(1) In regulation 6(3) and (4) (modification of provisions about...

        6. 6.In regulation 8 (modification of parliamentary elections rules)—

        7. 7.In Schedule 2 (modifications to parliamentary elections rules)—

      3. PART 3

        1. 8.Other secondary legislation about combination of polls

        2. 9.The European Parliamentary Elections Regulations 2004

        3. 10.In regulation 2 (interpretation), in the definition of “referendum” after...

        4. 11.In regulation 11 (combination of polls)— (a) omit “or” at...

        5. 12.In paragraph 23(4) and (5) of Schedule 1 (European Parliamentary...

        6. 13.In Schedule 2 (absent voting)— (a) in paragraph 17(9), after...

        7. 14.In Schedule 3 (modification of European Parliamentary elections rules for...

        8. 15.The Local Elections (Principal Areas) (England and Wales) Rules 2006

        9. 16.In rule 2 (interpretation)— (a) in paragraph (1) in the...

        10. 17.In Schedule 3 (rules for conduct of an election of...

        11. 18.The Local Elections (Parishes and Communities) (England and Wales) Rules 2006

        12. 19.In rule 2(1) (interpretation)— (a) in the definition of “counting...

        13. 20.In Schedule 3 (rules for conduct of an election of...

        14. 21.The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

        15. 22.In regulation 2 (interpretation), in the definition of “the Referendums...

        16. 23.In Schedule 3 (mayoral election (combination of polls) rules), in...

        17. 24.The Greater London Authority Elections Rules 2007

        18. 25.In rule 2(1) (interpretation) in the definition of “referendum” after...

        19. 26.In rule 5(1) (rules for Authority elections combined with a...

        20. 27.In Schedule 5 (the constituency members election rules)—

        21. 28.In Schedule 6 (the London members election rules)—

        22. 29.In Schedule 7 (the Mayoral election rules)—

        23. 30.In Schedule 8 (combined manual count rules) in paragraph 2(1)...

        24. 31.The Local Authorities (Conduct of Referendums) (England) Regulations 2012

        25. 32.In regulation 2(1) (interpretation), in the definition of “relevant election...

        26. 33.In regulation 10 (combination of polls: general) after paragraph (8)...

        27. 34.In regulation 11 (combination of referendums and election polls: conduct...

        28. 35.The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012

        29. 36.In regulation 17(3) (combination and timing of polls: general)—

        30. 37.The Police and Crime Commissioner Elections Order 2012

        31. 38.In article 2(1) (interpretation), in the definition of “local referendum”...

        32. 39.In Schedule 4, after paragraph 13(4) insert—

    5. SCHEDULE 5

      THE NEIGHBOURHOOD PLANNING REFERENDUMS (COMBINATION OF POLLS) RULES

      1. PART 1

        1. 1.Citation

        2. 2.Interpretation

      2. PART 2

        1. 3.Timetable

        2. 4.Computation of time

      3. PART 3

        1. 5.Notice of referendum

        2. 6.Poll to be taken by ballot

        3. 7.The ballot papers

        4. 8.The corresponding number list

        5. 9.The official mark

        6. 10.Prohibition of disclosure of vote

        7. 11.Use of schools and public rooms

        8. 12.Cross-boundary referendum areas

      4. PART 4

        1. 13.Notice of poll

        2. 14.Postal ballot papers

        3. 15.Provision of polling stations

        4. 16.Appointment of presiding officers and polling clerks

        5. 17.Issue of official poll cards

        6. 18.Equipment of polling stations

        7. 19.Appointment of polling observers and counting observers

        8. 20.Notification of requirement of secrecy

        9. 21.Return of postal ballot papers

      5. PART 5

        1. 22.Admission to polling station

        2. 23.Keeping of order in station

        3. 24.Sealing of ballot boxes

        4. 25.Questions to be put to voters and proxies

        5. 26.Challenge of voter or proxy

        6. 27.Voting procedure

        7. 28.Votes marked by presiding officer

        8. 29.Voting by persons with disabilities

        9. 30.Tendered ballot papers: circumstances where available

        10. 31.Tendered ballot papers: general provisions

        11. 32.Spoilt ballot papers

        12. 33.Correction of errors on day of poll

        13. 34.Adjournment of poll in case of riot

        14. 35.Procedure on close of poll

      6. PART 6

        1. 36.Attendance at counting of votes

        2. 37.The count

        3. 38.Re-count

        4. 39.Rejected ballot papers

        5. 40.Decisions on ballot papers

        6. 41.Equality of votes

      7. PART 7

        1. 42.Declaration of result

        2. 43.Declaration of result: cross-boundary referendum areas

        3. 44.Sealing up of ballot papers

        4. 45.Delivery of documents to relevant registration officer

        5. 46.Orders for production of documents

        6. 47.Retention of documents

        7. 48.Countermand or abandonment of poll at relevant election on death of candidate

      8. PART 8

        1. Form 1 - Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1

        2. Form 2 - Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1

        3. Form 3 - Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1

        4. Form 4 - Corresponding Number List M1

        5. Form 5 - Corresponding Number List M2

        6. Form 6 - Form of Postal Voting Statement (for use where there is joint issue and receipt of postal ballot papers)

        7. Form 7 - Form of Postal Voting Statement (for use where a referendum poll is combined with another poll but the postal ballot papers are not combined)

        8. Form 8 - Official Poll Card (to be sent to a voter voting in person)

        9. Form 9 – Official Postal Poll Card (to be sent to a voter voting by post)

        10. Form 10 - Official Proxy Poll Card (to be sent to an appointed proxy voting in person)

        11. Form 11 - Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)

        12. Form 12 - Form of directions for the guidance of the voters and proxies in voting

        13. Form 13 - Form of Certificate of Employment

        14. Form 14 - Form of declaration made by the companion of a voter or proxy with disabilities

  20. Explanatory Note

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