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

Interpretation E+W

2.—(1) In these Regulations—

“the 1972 Act” means the Local Government Act 1972 M1 ;

“the 1983 Act” means the Representation of the People Act 1983 M2 ;

“the 1985 Act” means the Representation of the People Act 1985 M3 ;

“the 1988 Act” means the Local Government Finance Act 1988 M4 ;

“the 1992 Act” means the Local Government Finance Act 1992 M5 ;

“the 2000 Act” means the Local Government Act 2000 M6 ;

“the 2008 Regulations” means the Local Government (Structural Changes) (Finance) Regulations 2008 M7 ;

“the 2011 Act” means the Police Reform and Social Responsibility Act 2011 M8 ;

“the Representation of the People Regulations” means the Representation of the People (England and Wales) Regulations 2001 M9 ;

“the Combination of Polls Regulations” means the Representation of the People (Combination of Polls)(England and Wales) Regulations 2004 M10 ;

“the Local Government Finance Act Referendums Rules” means the rules set out in Schedule 3;

“the Local Government Finance Act Referendums (Combination of Polls) Rules” means the rules set out in Schedule 5;

“authority” means an authority of the kind mentioned in section 52ZA(1);

“campaign organiser” means the individual or body by whom, or on whose behalf, referendum expenses are incurred (including expenses treated as incurred) in connection with a referendum campaign;

“chief counting officer” means the person appointed under regulation 16;

[F1 “combined authority mayoral election” means an election of a mayor for a combined authority under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;]

“counting observer” means a person appointed by a counting officer under rule 18(2) of the Local Government Finance Act Referendums Rules or rule 18(1) of the Local Government Finance Act Referendums (Combination of Polls) Rules (as the case may be);

“counting officer” means a person referred to in regulation 15;

“European Parliamentary election” and “European Parliamentary general election” must be construed in accordance with section 27(1) of the 1985 Act M11 ;

“Local Government Act referendum” means a referendum held under section 9M (cases in which change is subject to approval in a referendum etc) of the 2000 Act, or by virtue of regulations or an order made under any provision of Part 1A (arrangements with respect to local authority governance in England) of that Act;

“local government election” must be construed in accordance with section 203(1) of the 1983 Act;

“notification date” means the date on which the notice required to be published by regulation 4, 5 or 6 (as the case may be) is published;

“police and crime commissioner” means an individual elected as a police and crime commissioner by relevant electors within the police area in accordance with provisions made by or under Chapter 6 of Part 1 of the 2011 Act;

“police area” must be construed in accordance with section 102 of the 2011 Act;

“police and crime commissioner election” must be construed in accordance with provision made by or under section 50 or 51 of the 2011 Act;

“polling observer” means a person appointed by a counting officer under rule 18(1) of the Local Government Finance Act Referendums Rules or rule 19(1) of the Local Government Finance Act Referendums (Combination of Polls) Rules (as the case may be);

“referendum” means a referendum held under section 52ZG or section 52ZN (arrangements for referendum);

“referendum expenses limit” has the meaning given by regulation 12;

“referendum period”, in relation to a referendum, means the period beginning with the notification date and ending on the date of the referendum;

“relevant billing authority” means the billing authority required to make arrangements to hold the referendum by virtue of section 52ZG or 52ZN of the 1992 Act;

“relevant election or referendum” means one or more of the following—

(a) another referendum;

(b) a Parliamentary election;

(c) a European Parliamentary election;

(d) a local government election;

(e) a mayoral election;

[F2 (ea) a combined authority mayoral election;]

(f) a Local Government Act referendum;

(g) a police and crime commissioner election, the poll at which is taken together with the poll at the referendum;

“relevant financial year” has the meaning given in regulation 4, 5 or 6 (as the case may be);

“special item” has the meaning given in section 89(2) of the Greater London Authority Act 1999 M12 ;

“voting area” means the area in which a referendum is held.

(2) For the purposes of these Regulations—

(a) a billing authority's relevant basic amount of council tax for a financial year is not approved if it is not approved by a majority of persons voting in the referendum;

(b) a precepting authority's relevant basic amount of council tax for a financial year is not approved if—

(i) in a case where one referendum is held in respect of a precepting authority's relevant basic amount of council tax for a financial year, that amount is not approved by a majority of persons voting in the referendum, or

(ii) in a case where two or more referendums are held in respect of that amount, that amount is not approved by a majority of persons voting in all of those referendums taken together.

(3) Any reference in the following provisions of these Regulations to the authority in respect of which a referendum is held is to the authority which calculated a relevant basic amount of council tax requiring a referendum to be held under section 52ZG or 52ZN.

(4) 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 1992 Act that bears that number.

Textual Amendments

F1 Words in reg. 2(1) inserted (31.1.2017) by The Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), art. 1, Sch. 4 para. 7(2)(a)

F2 Words in reg. 2(1) inserted (31.1.2017) by The Combined Authorities (Mayoral Elections) Order 2017 (S.I. 2017/67), art. 1, Sch. 4 para. 7(2)(b)

Marginal Citations

M1 1972 c. 70.

M2 1983 c. 2.

M3 1985 c. 50.

M4 1988 c.41.

M5 1992 c.14.

M6 2000 c. 22.

M7 S.I. 2008/3022.

M8 2011 c. 13.

M9 S.I. 2001/341; amended by SI 2001/1700, 2002/1871, 2004/226, 2006/752 and 2006/2910.

M10 S.I. 2004/294; amended by SI 2006/3278

M11 1985 c.50; the definitions were amended by section 3 of the European Communities (Amendment) Act 1986 (c. 58) in consequence of the European Assembly being renamed the European Parliament.

M12 1999 c.29. Section 89(2) was amended by Article 2 and paragraphs 1 and 6 of SI 2000/1435.