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The Local Authorities (Conduct of Referendums)(England) Regulations 2012

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

Draft 2012, ISBN 9780111517604

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 of the Local Government Act 2000, for approval by resolution of each House of Parliament.

Local Government, England

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 9MG and 105 of the Local Government Act 2000f1.

In accordance with section 9MG(6) of that Act, the Secretary of State has consulted the Electoral Commission on the questions to be asked at a referendum as specified in these Regulations.

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. Part 1A was inserted into the Local Government Act 2000 by Schedule 2 to the Localism Act 2011 (c.20). Section 105 was amended by paragraph 70 of Schedule 3 to the Localism Act 2011.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Question to be asked in a 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
  18. 18Time
  19. 19Advertisements
  20. 20Non-domestic rating: premises used for referendum purposes
  21. 21Revocations
  22. Signature
  23. Schedule 1: QUESTIONS TO BE ASKED IN A REFERENDUM
  24. 1Paragraph 1
  25. 2Paragraph 2
  26. 3Paragraph 3
  27. 4Paragraph 4
  28. 5Paragraph 5
  29. 6Paragraph 6
  30. Schedule 2: MATTERS RELEVANT TO REFERENDUM EXPENSES
  31. 1Paragraph 1
  32. 2Paragraph 2
  33. 3Paragraph 3
  34. 4Paragraph 4
  35. 5Paragraph 5
  36. 6Paragraph 6
  37. 7Paragraph 7
  38. 8Paragraph 8
  39. Schedule 3: THE LOCAL GOVERNMENT ACT REFERENDUMS RULES
  40. Part 1: Citation and Interpretation
  41. 1Citation
  42. 2Interpretation
  43. Part 2: Provisions as to Time
  44. 3Timetable
  45. 4Computation of time
  46. Part 3: General Provisions
  47. 5Notice of referendum
  48. 6Poll to be taken by ballot
  49. 7The ballot papers
  50. 8The corresponding number list
  51. 9The official mark
  52. 10Prohibition of disclosure of vote
  53. 11Use of schools and public rooms
  54. Part 4: Action to be Taken Before the Poll
  55. 12Notice of poll
  56. 13Postal ballot papers
  57. 14Provision of polling stations
  58. 15Appointment of presiding officers and polling clerks
  59. 16Issue of official poll cards
  60. 17Equipment of polling stations
  61. 18Appointment of polling observers and counting observers
  62. 19Notification of requirement of secrecy
  63. 20Return of postal ballot papers
  64. Part 5: The Poll
  65. 21Admission to polling station
  66. 22Keeping of order in station
  67. 23Sealing of ballot boxes
  68. 24Questions to be put to voters and proxies
  69. 25Challenge of voter or proxy
  70. 26Voting procedure
  71. 27Votes marked by presiding officer
  72. 28Voting by persons with disabilities
  73. 29Tendered ballot papers: circumstances where available
  74. 30Tendered ballot papers: general provisions
  75. 31Spoilt ballot papers
  76. 32Correction of errors on day of poll
  77. 33Adjournment of poll in case of riot
  78. 34Procedure on close of poll
  79. Part 6: Counting of Votes
  80. 35Attendance at counting of votes
  81. 36The count
  82. 37Re-count
  83. 38Rejected ballot papers
  84. 39Decisions on ballot papers
  85. 40Equality of votes
  86. Part 7: Declaration of Result and Disposal of Documents
  87. 41Declaration of result
  88. 42Sealing up of ballot papers
  89. 43Delivery of documents to relevant registration officer
  90. 44Orders for production of documents
  91. 45Retention of documents
  92. 8Appendix of Forms
  93. Schedule 4: Application, with modifications, of Acts and subordinate legislation
  94. 1Interpretation
  95. Schedule 5: The Local Government Act Referendums (Combination of Polls) Rules
  96. Part 1: Citation and Interpretation
  97. 1Citation
  98. 2Interpretation
  99. Part 2: Provisions as to Time
  100. 3Timetable
  101. 4Computation of time
  102. Part 3: General Provisions
  103. 5Notice of referendum
  104. 6Poll to be taken by ballot
  105. 7The ballot papers
  106. 8The corresponding number list
  107. 9The official mark
  108. 10Prohibition of disclosure of vote
  109. 11Use of schools and public rooms
  110. Part 4: Action to be taken Before the Poll
  111. 12Notice of Poll
  112. 13Postal ballot papers
  113. 14Provision of polling stations
  114. 15Appointment of presiding officers and clerks
  115. 16Issue of official poll cards
  116. 17Equipment of polling stations
  117. 18Appointment of counting observers
  118. 19Appointment of polling observers
  119. 20Notification of requirement of secrecy in respect of polling stations
  120. 21Notification of requirement of secrecy in respect of the count
  121. 22Return of postal ballot papers
  122. Part 5: The Poll
  123. 23Admission to the polling station
  124. 24Keeping of order in station
  125. 25Sealing of ballot boxes
  126. 26Questions to be put to voters and proxies
  127. 27Challenge of voter or proxy
  128. 28Voting procedure
  129. 29Votes marked by presiding officer
  130. 30Voting by persons with disabilities
  131. 31Tendered ballot papers: circumstances where available
  132. 32Tendered ballot papers: general provisions
  133. 33Spoilt ballot papers
  134. 34Correction of errors on day of poll
  135. 35Adjournment of poll in case of riot
  136. 36Procedure on close of poll
  137. Part 6: Counting of Votes
  138. 37Attendance at counting of votes
  139. 38The count
  140. 39Re-count
  141. 40Rejected ballot papers
  142. 41Decisions on ballot papers
  143. 42Equality of votes
  144. Part 7: Final Proceedings and Miscellaneous
  145. 43Declaration of result
  146. 44Sealing up of ballot papers
  147. 45Delivery of documents to relevant registration officer
  148. 46Orders for production of documents
  149. 47Retention of documents
  150. 48Countermand or abandonment of poll at election on death of candidate
  151. 8Appendix of Forms
  152. Schedule 6Application, with further modifications, of the Representation of the People Act 1983 in relation to referendum petitions
  153. Schedule 7Modifications of the Election Petition Rules 1960
  154. Explanatory note