The Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Local Authorities (Conduct of Referendums) (England) Regulations 2001 (“the principal Regulations”). Referendums under those Regulations relate to the question whether a county, district or London borough council should adopt executive arrangements that include a mayor and cabinet executive, a mayor and council manager executive or a leader and cabinet executive.

The effect of the amendment to regulation 10 of the principal Regulations is to enable voting at a referendum which is required (by regulation 14(1) of those Regulations) to be taken together with an election of a description in regulation 14(2) to be conducted wholly by post where the election is also to be conducted wholly by post.

The effect of the amendment to Table 1 in Schedule 3 to the principal Regulations is to apply section 10 of the Representation of the People Act 2000 to referendums, subject to modifications. (In addition to the modifications specified in the new entry in that Table, section 10 will have effect, in relation to referendums, subject to the modifications for which regulation 8(1) of the principal Regulations provides.) Section 10, as modified, enables the Secretary of State to approve pilot schemes submitted by county, district or London borough councils for the conduct of referendums. The schemes may deal with when, where and how voting is to take place, how votes cast in the referendum are to be counted and the sending by campaign organisers (defined in regulation 6(1) of the principal Regulations) of referendum communications free of charge for postage.