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The Local Authorities (Conduct of Referendums) (England) Regulations 2007

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2007, ISBN 9780110770642

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 105(6) of the Local Government Act 2000, for approval by resolution of each House of Parliament.

LOCAL GOVERNMENT, ENGLAND

Laid before Parliament in draft

Made

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45 and 105 of the Local Government Act 2000f1:

The Secretary of State has consulted the Electoral Commission about these Regulations in accordance with section 45(8A) of that Act.

In accordance with section 45(8B) of that Act, the Secretary of State has consulted the Electoral Commission on the intelligibility of the questions which may be asked at a referendum as specified in these Regulations. He has laid before each House of Parliament a report stating the views expressed by the Commission in response.

In accordance with section 45(8D) of that Act, the Secretary of State has sought and had regard to the views of the Electoral Commission on the matter of the limitation of referendums expenses. He has laid no statement before each House of Parliament in pursuance of that subsection because these Regulations accord with those views.

In accordance with section 105(6) of that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2000 c. 22; section 45(8A) to (8D) were inserted by, and section 45(9) was amended by, paragraph 18 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41); section 105(6) was amended by, and section 105(6A) was inserted by, paragraph 14 of Schedule 3 to the Local Government Act 2003 (c. 26).

Contents

  1. 1Citation, commencement and revocations
  2. 2Interpretation
  3. 3Question to be asked in referendum
  4. 4Publicity and other information in connection with referendums
  5. 5Restriction on publication etc. of promotional material
  6. 6General restriction on referendum expenses
  7. 7Notional referendum expenses
  8. 8Conduct of referendum: poll at referendum not taken together with poll at relevant election or referendum
  9. 9Counting officer
  10. 10Combination of polls: general
  11. 11Combination of referendum and election polls: conduct of referendum
  12. 12Combination of referendum and election polls: supplementary provisions relating to elections
  13. 13Combination of referendum polls: supplementary
  14. 14Result of referendum or further referendum
  15. 15Procedures for questioning referendum
  16. 16Immediate consequences of referendum petitions
  17. 17Determination of referendum petitions and subsequent procedures
  18. 18Time
  19. 19Advertisements
  20. 20Non-domestic rating: premises used for referendum purposes
  21. Signature
  22. Schedule 1: Questions to be Asked in a Referendum
  23. 1Paragraph 1
  24. 2Paragraph 2
  25. 3Paragraph 3
  26. Schedule 2: Matters relevant to Referendum Expenses
  27. 1Paragraph 1
  28. 2Paragraph 2
  29. 3Paragraph 3
  30. 4Paragraph 4
  31. 5Paragraph 5
  32. 6Paragraph 6
  33. 7Paragraph 7
  34. 8Paragraph 8
  35. Schedule 3: The Local Government Act Referendums Rules
  36. Part 1: General Provisions
  37. 1Citation
  38. 2Interpretation
  39. Part 2: Provisions as to Time
  40. 3Paragraph 3
  41. 4Computation of time
  42. Part 3: General Provisions
  43. 5Notice of referendum
  44. 6Poll to be taken by ballot
  45. 7The ballot papers
  46. 8The corresponding number list
  47. 9The official mark
  48. 10Prohibition of disclosure of vote
  49. 11Use of schools and public rooms
  50. Part 4: Action to be Taken Before the Poll
  51. 12Notice of poll
  52. 13Postal ballot papers
  53. 14Provision of polling stations
  54. 15Appointment of presiding officers and polling clerks
  55. 16Issue of official poll cards
  56. 17Equipment of polling stations
  57. 18Appointment of polling observers and counting observers
  58. 19Notification of requirement of secrecy
  59. 20Return of postal ballot papers
  60. Part 5: The Poll
  61. 21Admission to polling station
  62. 22Keeping of order in station
  63. 23Sealing of ballot boxes
  64. 24Questions to be put to voters and proxies
  65. 25Challenge of voter or proxy
  66. 26Voting procedure
  67. 27Votes marked by presiding officer
  68. 28Voting by persons with disabilities
  69. 29Tendered ballot papers: circumstances where available
  70. 30Tendered ballot papers: general provisions
  71. 31Spoilt ballot papers
  72. 32Correction of errors on day of poll
  73. 33Adjournment of poll in case of riot
  74. 34Procedure on close of poll
  75. Part 6: Counting of Votes
  76. 35Attendance at counting of votes
  77. 36The count
  78. 37Re-count
  79. 38Rejected ballot papers
  80. 39Decisions on ballot papers
  81. 40Equality of votes
  82. Part 7: Declaration of Result and Disposal of Documents
  83. 41Declaration of result
  84. 42Sealing up of ballot papers
  85. 43Delivery of documents to relevant registration officer
  86. 44Orders for production of documents
  87. 45Retention of documents
  88. 8Appendix of Forms
  89. Schedule 4: Application, with Modifications, of Acts and Subordinate Legislation
  90. 1Interpretation
  91. Schedule 5: The Local Government Act Referendums (Combination of Polls) Rules
  92. Part 1: General Provisions
  93. 1Citation
  94. 2Interpretation
  95. Part 2: Provisions as to Time
  96. 3Timetable
  97. 4Computation of time
  98. Part 3: General Provisions
  99. 5Notice of referendum
  100. 6Poll to be taken by ballot
  101. 7The ballot papers
  102. 8The corresponding number list
  103. 9The official mark
  104. 10Prohibition of disclosure of vote
  105. 11Use of schools and public rooms
  106. Part 4: Action to be Taken Before the Poll
  107. 12Notice of Poll
  108. 13Postal ballot papers
  109. 14Provision of polling stations
  110. 15Appointment of presiding officers and clerks
  111. 16Issue of official poll cards
  112. 17Equipment of polling stations
  113. 18Appointment of counting observers
  114. 19Appointment of polling observers
  115. 20Notification of requirement of secrecy in respect of polling stations
  116. 21Notification of requirement of secrecy in respect of the count
  117. 22Return of postal ballot papers
  118. Part 5: The Poll
  119. 23Admission to the polling station
  120. 24Keeping of order in station
  121. 25Sealing of ballot boxes
  122. 26Questions to be put to voters and proxies
  123. 27Challenge of voter or proxy
  124. 28Voting procedure
  125. 29Votes marked by presiding officer
  126. 30Voting by persons with disabilities
  127. 31Tendered ballot papers: circumstances where available
  128. 32Tendered ballot papers: general provisions
  129. 33Spoilt ballot papers
  130. 34Correction of errors on day of poll
  131. 35Adjournment of poll in case of riot
  132. 36Procedure on close of poll
  133. Part 6: Counting of Votes
  134. 37Attendance at counting of votes
  135. 38The count
  136. 39Re-count
  137. 40Rejected ballot papers
  138. 41Decisions on ballot papers
  139. 42Equality of votes
  140. Part 7: Final Proceedings and Miscellaneous
  141. 43Declaration of result
  142. 44Sealing up of ballot papers
  143. 45Delivery of documents to relevant registration officer
  144. 46Orders for production of documents
  145. 47Retention of documents
  146. 48Countermand or abandonment of poll at election on death of candidate
  147. 8Appendix of Forms
  148. Schedule 6Application, with further modifications, of the Representation of the People Act 1983 in relation to Referendum Petitions
  149. Schedule 7Modifications of the Election Petition Rules 1960
  150. Explanatory note