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The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014

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

Draft 2014, ISBN 9780111107584

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 333(3A) of the Town and Country Planning Act 1990, for approval by resolution of each House of Parliament.

Town And Country Planning, England

Made ***

Coming into force in accordance with regulation 1

The Lord President of the Council makes these Regulations in exercise of the powers conferred by section 333(2A) and paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990f1 and section 38A(3) of the Planning and Compulsory Purchase Act 2004f2.

In accordance with paragraph 16(5) of Schedule 4B to the Town and Country Planning Act 1990, the Lord President of the Council has consulted the Electoral Commission.

In accordance with section 333(3A) of the Town and Country Planning Act 1990f3, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

1990 c.8; section 333(2A) was inserted by paragraphs 1 and 14 of Schedule 6 to the Planning and Compulsory Purchase Act 2004 (c.5); Schedule 4B was inserted by Schedule 10 to the Localism Act 2011 (c.20). The power conferred on the Secretary of State by paragraph 16 was made exercisable concurrently by the Lord President of the Council and the Secretary of State by S.I. 2013/2597.

f2

2004 c.5; section 38A was inserted by paragraphs 5 and 7 of Schedule 9 to the Localism Act 2011 and applies Schedule 4B to the Town and Country Planning Act 1990 to neighbourhood development plans, subject to the modifications set out in section 38C(5).

f3

Section 333(3A) was inserted by paragraphs 1 and 22 of Schedule 12 to the Localism Act 2011.

Contents

  1. 1Citation, commencement and application
  2. 2Interpretation
  3. 3Amendments to the 2012 Regulations
  4. 4Amendments to the 2012 Regulations
  5. 5Amendments to the 2012 Regulations
  6. 6Amendments to the 2012 Regulations
  7. 7Amendments to the 2012 Regulations
  8. 8Amendments to the 2012 Regulations
  9. 9Amendments to the 2012 Regulations
  10. 10Amendments to the 2012 Regulations
  11. 11Amendments to the 2012 Regulations
  12. 12Amendments to the 2012 Regulations
  13. 13Amendments to the 2012 Regulations
  14. 14Amendments to the 2012 Regulations
  15. 15Amendments to the 2012 Regulations
  16. 16Amendments to the 2012 Regulations
  17. 17Amendments to the 2012 Regulations
  18. 18Amendments to the 2012 Regulations
  19. 19Amendments to the 2012 Regulations
  20. 20Amendments to the 2012 Regulations
  21. 21Amendments to the 2012 Regulations
  22. 22Amendments to the 2012 Regulations
  23. 23Amendments to the 2012 Regulations
  24. 24Amendments to the 2012 Regulations
  25. 25Amendments to the 2012 Regulations
  26. 26Amendments to the 2012 Regulations
  27. 27Amendments to the 2012 Regulations
  28. 28Amendments to the 2012 Regulations
  29. 29Amendments to the 2012 Regulations
  30. 30Amendments to the 2012 Regulations
  31. 31Amendments to the 2012 Regulations
  32. 32Amendments to the 2012 Regulations
  33. 33Amendments to the 2012 Regulations
  34. Signature
  35. Schedule 1: FORMS FOR RESIDENTIAL NEIGHBOURHOOD PLANNING REFERENDUMS
  36. Form 6: Form of Postal Voting Statement
  37. Form 7: Official Poll Card (to be sent to a voter Front of card
  38. Back of card
  39. Form 8: Official Postal Poll Card (to be sent to aFront of card
  40. Back of card
  41. Form 9: Official Proxy Poll Card (to be sent to anFront of card
  42. Back of card
  43. Form 10: Official Proxy Postal Poll Card (to be seFront of card
  44. Back of card
  45. Form 11: Form of directions for the guidance of th
  46. Form 12: Form of Certificate of Employment
  47. Form 13: Form of declaration to be made by the com
  48. Schedule 2APPLICATION, WITH MODIFICATIONS, OF OTHER SUBORDINATE LEGISLATION
  49. Schedule 3: FORMS FOR RESIDENTIAL NEIGHBOURHOOD PLANNING REFERENDUMS COMBINED WITH OTHER POLLS
  50. Form 6: Form of Postal Voting Statement (for use w
  51. Form 7: Form of Postal Voting Statement (for use w
  52. Form 12: Form of directions for the guidance of vo
  53. Form 14: Form of declaration made by the companion
  54. Schedule 4: FORM OF INVITATION TO REGISTER TO VOTE AT A BUSINESS REFERENDUM
  55. Form 1: Form of invitation to register
  56. Form A: Non-domestic rate-payer registration form
  57. Form B: Voting choices form
  58. Schedule 5: FORMS FOR BUSINESS NEIGHBOURHOOD PLANNING REFERENDUMS
  59. Form 4: Form of Business Referendum Postal Voting
  60. Form 5: Official Poll Card (to be sent to a named Front of card
  61. Back of card
  62. Form 7: Form of directions for the guidance of the
  63. Form 8: Form of Certificate of Employment
  64. Form 9: Form of declaration to be made by the comp
  65. Explanatory note

1Citation, commencement and application

(1)

These Regulations may be cited as the Neighbourhood Planning (Referendums) (Amendment) Regulations 2014.

(2)

This regulation, and regulations 2 (interpretation) and 3 (definition of relevant register for purposes of calculating referendum expenses) come into force on the day after the day on which these Regulations are made.

(3)

Regulation 19 and Schedule 4 (registration forms for business referendums) come into force on 24th February 2014.

(4)

Regulations 9(2) and 33(1) (effect of registers) come into force on the day on which paragraph 16(3) of Schedule 4 to the Electoral Registration and Administration Act 2013f1 comes into force.

(5)

Regulation 33(2) (payment of expenses of registration) comes into force on the day on which paragraph 17 of Schedule 4 to the Electoral Registration and Administration Act 2013 comes into force.

(6)

The remainder of the Regulations come into force on 6th April 2014.

(7)

The Regulations (other than regulations 1, 2, 3, 9(2) and 33) do not apply for the purposes of a referendum in respect of which the date of the poll specified in the information statement is on or before 21st May 2014.

(8)

Regulation 3 does not apply for the purposes of a referendum in respect of which the referendum period begins on or before the day on which the Regulations are made.

2Interpretation

In these Regulations—

  • “the 2012 Regulations” means the Neighbourhood Planning (Referendums) Regulations 2012f1 and, unless the context otherwise requires, a reference to a numbered regulation or Schedule is to the regulation or Schedule so numbered in the 2012 Regulations;

  • “information statement” has the meaning given by regulation 4(3)(a) of the 2012 Regulations; and

  • “referendum period” has the meaning given by regulation 2 of the 2012 Regulations.

3Amendments to the 2012 Regulations

In regulation 6 (general restriction on referendum expenses)f1, in paragraph (1), for the definition of “relevant register” substitute—

  • ““relevant register” means the part or parts of the register or registers of local government electors kept in accordance with section 9(1) of the 1983 Actf2 which has or have effect in respect of the referendum area on the day on which the referendum period begins (whether or not the persons to whom the entries relate are entitled to vote in the referendum).”

4Amendments to the 2012 Regulations

In Schedule 3 (the Neighbourhood Planning Referendums Rules), in rule 20 (notification of requirement of secrecy), after paragraph (1) insert—

“(2)

In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees)f1.”

5Amendments to the 2012 Regulations

In Schedule 3, in rule 22 (admission to polling station), after paragraph (4) insert—

“(5)

In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).”

6Amendments to the 2012 Regulations

In Schedule 3, in rule 27 (voting procedure), after paragraph (5) insert—

“(6)

A voter or proxy who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter or proxy accordingly.”

7Amendments to the 2012 Regulations

In Schedule 3, in rule 37 (the count), after paragraph (3) insert—

“(3A)

A postal ballot paper or postal voting statement that reaches the counting officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (3) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.”

8Amendments to the 2012 Regulations

In Schedule 3, in the Appendix of Forms, for Forms 6 to 13 substitute the corresponding forms in Schedule 1 to these Regulations.

9Amendments to the 2012 Regulations

(1)

In Part 1 of Schedule 4 (application, with modification, of other Acts and subordinate legislation), in table 1 (Representation of the People Act 1983), before the entry for section 13B insert—

“

Section 13AB (alteration of registers: interim publication dates)f1

After “election” in each place, insert “or referendum”.

After subsection (8) insert—

“(8A) This section also applies to referendums.”

”

(2)

In that table, in the entry for section 49 (effect of registers)f2, in the first column, omit “, and (6)”.

10Amendments to the 2012 Regulations

In Part 1 of Schedule 4, in table 6 (Representation of the People (England and Wales) Regulations 2001f1)—

(a)

in the appropriate places, insert the entries in the table in Schedule 2 to these Regulations;

(b)

in the entry for regulation 4 (forms)f2, for the words in the first column substitute “Regulation 4(1)(b) (forms) and, in so far as it gives effect to Forms E and K in Schedule 3, Regulation 4(2)”;

(c)

in the entry for regulation 56 (closing date for applications)f3, in the second column, for “(5)” substitute “(5A)”;

(d)

omit the entries for regulations 85 (procedure in relation to postal voting statements) and 85B (postal voting statements: additional personal identifier verification)f4; and

(e)

in the entry for regulation 91 (forwarding of documents)f5, in the second column, for the modification that inserts paragraph (2A) substitute—

“After paragraph (3A) insert—

“(3B)

In the case of a referendum, the documents to be forwarded under paragraphs (1) and (3A)(a) are to be forwarded to the relevant registration officer determined in accordance with the Neighbourhood Planning Referendums Rules or the Neighbourhood Planning Referendums (Combination of Polls) Rules as the case may be.””

11Amendments to the 2012 Regulations

In Part 2 of Schedule 4, in each of paragraphs 2, 7, 16, 19 and 22 for “the Local Authorities (Conduct of Referendums) (England) Regulations 2001” (in each place those words appear in those paragraphs) substitute “the Local Authorities (Conduct of Referendums) (England) Regulations 2012f1”.

12Amendments to the 2012 Regulations

In Schedule 5 (the Neighbourhood Planning Referendums (Combination of Polls) Rules), in rule 18 (equipment of polling stations) for paragraph (10), substitute—

“(10)

In every compartment of every polling station there must be exhibited the notice—

“*PARLIAMENTARY ELECTION

([Specify colour] ballot paper)

Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.

*EUROPEAN PARLIAMENTARY ELECTION

([Specify colour] ballot paper)

Vote ONLY ONCE by putting a cross [X] in the box next to your choice.

*[Specify name of council] COUNCIL ELECTION

([Specify colour] ballot paper)

*[Vote for NO MORE THAN … CANDIDATES by putting a cross [X] in the box next to EACH of your choices]

*[Vote ONLY ONCE by putting a cross [X] in the box next to your choice].

*ELECTION OF THE MAYOR OF LONDON

([Specify colour] ballot paper)

#On the ballot paper for the election of the Mayor, vote ONCE for your first choice and ONCE for your second choice.

*ELECTION OF THE LONDON ASSEMBLY

#On the constituency members ballot paper ([specify colour]) vote for ONE candidate only.

#On the London members ballot paper ([specify colour]) vote for ONE party or individual candidate only.

REFERENDUM ON [specify: neighbourhood plan, neighbourhood development order or community right to build order] FOR [specify name of neighbourhood area]

([Specify colour] ballot paper)

Vote only ONCE by putting a cross [X] in the box next to your choice.

*[Specify other] ELECTION/REFERENDUM

([Specify colour] ballot paper)

[Specify voting instructions in accordance with the legislation governing the election or referendum]

PUT NO OTHER MARK ON THE BALLOT PAPER OR YOUR VOTE MAY NOT COUNT.

*[PLEASE DO NOT FOLD THE BALLOT PAPERS FOR [specify the elections and/or referendum(s) at which the votes are to be counted electronically]. Post them, face downwards, in the [*appropriate] ballot box.]

*Complete or omit as necessary.

#Alternatively, insert such information as the GLRO may decide.””

13Amendments to the 2012 Regulations

In Schedule 5, in rule 20 (notification of requirement of secrecy), after paragraph (1) insert—

“(2)

In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).”

14Amendments to the 2012 Regulations

In Schedule 5, in rule 22 (admission to polling station), after paragraph (4) insert—

“(5)

In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).”

15Amendments to the 2012 Regulations

In Schedule 5, in rule 27 (voting procedure), after paragraph (5) insert—

“(5A)

A voter or proxy who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter or proxy accordingly.”

16Amendments to the 2012 Regulations

In Schedule 5, in rule 37 (the count), after paragraph (5) insert—

“(5A)

A postal ballot paper or postal voting statement that reaches the relevant returning or counting officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (5) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.”

17Amendments to the 2012 Regulations

In Schedule 5, in the Appendix of Forms—

(a)

for Forms 6, 7, 12 and 14 substitute the corresponding forms in Schedule 3 to these Regulations; and

(b)

for Forms 8 to 11 and 13 substitute Forms 7 to 10 and 12 in Schedule 1 to these Regulations (but retain the numbering in Schedule 5).

18Amendments to the 2012 Regulations

(1)

In Schedule 6 (registering to vote in a business referendum)f1, paragraph 23 (emergency change of named voter) is amended as follows.

(2)

In sub-paragraph (1)—

(a)

omit “a named voter” in the first place those words appear;

(b)

at the beginning of paragraphs (a) and (b) insert “a named voter”;

(c)

after paragraph (b) insert—

“; or

(c)

a business vote holder becomes aware that, as a result of a reason relating to their named voter’s occupation, service or employment, the named voter cannot reasonably be expected to vote in the business referendum in the manner chosen by the named voter,”.

(3)

In sub-paragraph (3), after paragraph (b) insert—

“; or

(c)

in respect of an application made under sub-paragraph (1)(c), is the evidence described in sub-paragraph (3A).”

(4)

After sub-paragraph (3) insert—

“(3A)

The evidence referred to in sub-paragraph (3)(c) is—

(a)

a statement from the business vote holder that includes—

(i)

i)the name of the named voter’s employer or, if the named voter is self-employed, that fact,

(ii)

the reason that the named voter cannot reasonably be expected to vote in the business referendum in the manner chosen by the named voter, and

(iii)

the date on which the business vote holder became aware of that reason; and

(b)

an attestation—

(i)

i)that is made and signed in accordance with regulation 55A(4), (6) and (7) of the Representation of the People (England and Wales) Regulations 2001, and

(ii)

in which the attestor certifies, to the best of their knowledge and belief, that the statements referred to in sub-paragraph (3A)(a)(i) and (ii) are true.”

(5)

For sub-paragraph (4) substitute—

“(4)

For the purposes of sub-paragraphs (3)(a) and (3A)(b)(i), the provisions of the Representation of the People (England and Wales) Regulations 2001 mentioned in those sub-paragraphs are to have effect as if—

(a)

any reference to the applicant was to the named voter, and

(b)

any reference to an application was to the application under sub-paragraph (1).”

19Amendments to the 2012 Regulations

In Schedule 6, in the Appendix of Forms, for Form 1 (form of invitation to register), Form A (voting registration form) and Form B (voting choices form) substitute the corresponding forms in Schedule 4 to these Regulations.

20Amendments to the 2012 Regulations

(1)

In Schedule 7 (Neighbourhood Planning Business Referendums Rules)f1, in rule 24 (cancellation of postal ballot papers)—

(a)

in paragraph (3), for “paragraph 24(1)” substitute “paragraph 23(1)”; and

(b)

in paragraph (4), for “paragraph 26” substitute “paragraph 25”.

(2)

In that rule, after paragraph (4) insert—

“(5)

The counting officer must keep a list of the postal ballot papers cancelled under this rule, including—

(a)

the number of each cancelled postal ballot paper;

(b)

the name of the postal voter to whom it was issued;

(c)

the name and number on the business voting register of the business vote holder on whose behalf the postal voter would have voted; and

(d)

the number of any postal ballot paper issued to any other postal voter on behalf of that business vote holder.”

21Amendments to the 2012 Regulations

In Schedule 7, in rule 29 (postal ballot boxes and receptacles) omit paragraph (5)(b).

22Amendments to the 2012 Regulations

(1)

In Schedule 7, in rule 32 (opening of covering envelopes) omit paragraph (2).

(2)

In that rule, for paragraph (4) substitute—

“(4)

The procedure in rule 35 applies where a covering envelope (including an envelope described in paragraph (2) of rule 30) contains a postal voting statement.”

(3)

In that rule, for paragraph (6) substitute—

“(6)

Where a covering envelope does not contain a postal voting statement (whether separately or not) the counting officer must mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.”

23Amendments to the 2012 Regulations

In Schedule 7, omit rule 34 (procedure in relation to postal voting statements).

24Amendments to the 2012 Regulations

(1)

In Schedule 7, in rule 35 (procedure in relation to postal voting statements: personal identifier verification), for paragraph (1) substitute—

“(1)

This rule applies in the circumstances described in rule 32(4).”

(2)

In that rule, in paragraph (3), after “if there is no such envelope” insert “but there is a ballot paper”.

25Amendments to the 2012 Regulations

In Schedule 7, omit rule 36 (postal voting statements: additional personal identifier verification).

26Amendments to the 2012 Regulations

In Schedule 7, in rule 38 (retrieval of cancelled postal ballot papers), in paragraph (2)(c), at the end insert “after verification procedure”.

27Amendments to the 2012 Regulations

In Schedule 7, in rule 41 (sealing of receptacles), in paragraph (1)—

(a)

omit sub-paragraph (b); and

(b)

in sub-paragraph (d), for “spoilt and lost” substitute “spoilt, lost and cancelled”.

28Amendments to the 2012 Regulations

In Schedule 7, in rule 48 (notification of requirement of secrecy), make the existing provision paragraph (1) and after that paragraph insert—

“(2)

In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).”

29Amendments to the 2012 Regulations

In Schedule 7, in rule 49 (admission to polling station), after paragraph (4) insert—

“(5)

In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).”

30Amendments to the 2012 Regulations

In Schedule 7, in rule 54 (voting procedure), after paragraph (3) insert—

“(4)

A named voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.”

31Amendments to the 2012 Regulations

(1)

In Schedule 7, in rule 64 (the count), in paragraph (3), for sub-paragraph (d) substitute—

“(d)

the counting officer verifies the date of birth and signature of the named voter.”

(2)

In that rule, after paragraph (3) insert—

“(3A)

A postal ballot paper or postal voting statement that reaches the counting officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (3) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.”

32Amendments to the 2012 Regulations

In Schedule 7, in the Appendix of Forms, for Forms 4, 5, and 7 to 9 substitute the corresponding forms in Schedule 5 to these Regulations.

33Amendments to the 2012 Regulations

(1)

In Schedule 8 (application, with modification, of other Acts and subordinate legislation in respect of business referendums)f1, in table 1 (Representation of the People Act 1983), in the entry for section 49 (effect of registers)—

(a)

in the first column, omit “, and (6)”, and

(b)

in the second column, omit “In subsection (6) for sub-paragraphs (a) and (b) substitute “the date of the business referendum.””

(2)

In that table, in the entry for section 54 (payment of expenses of registration)f2, in the second column, after “under the 1983 Act” insert “or the Electoral Registration and Administration Act 2013”.

Signature

Signed by authority of the Lord President of the Council

[signature]

Minister of State

Cabinet Office

Date

Form 6: Form of Postal Voting Statement

Form 7: Official Poll Card (to be sent to a voter Front of card

Back of card

Form 8: Official Postal Poll Card (to be sent to aFront of card

Back of card

Form 9: Official Proxy Poll Card (to be sent to anFront of card

Back of card

Form 10: Official Proxy Postal Poll Card (to be seFront of card

Back of card

Form 11: Form of directions for the guidance of th

Form 12: Form of Certificate of Employment

Form 13: Form of declaration to be made by the com

Schedule 2APPLICATION, WITH MODIFICATIONS, OF OTHER SUBORDINATE LEGISLATION

Provision

Modification
Regulation 55A (additional requirements for applications for an emergency proxy vote in respect of a particular election)f1
Regulation 60B (requirement to provide fresh signatures following rejection of a postal voting statement)f2
Regulation 61C (notification of a rejected postal voting statement)f3
Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers)f4
Regulation 78A (cancellation of postal ballot papers)f5

In paragraph (1), for “after the final nomination day at a parliamentary or local government election” substitute “during the referendum period in respect of a referendum”.

Omit paragraph (5).

Regulation 82 (receipt of covering envelope)f6
Regulation 84 (opening of covering envelopes)f7
Regulation 84A (confirming receipt of postal voting statements)f8
Regulation 86 (opening of ballot paper envelopes)
Regulation 87 (lists of rejected postal ballot papers)f9
Regulation 88 (checking of lists kept under regulation 87)f10
Regulation 89 (sealing of receptacles)f11
Regulation 116 (interpretation of Part 7)f12
Regulation 118 (inspection of documents open to public inspection)f13
Regulation 119 (conditions on the use, supply and disclosure of documents open to public inspection)f14
In Schedule 3, Form Kf15

For “Representation of the People Acts” substitute “Neighbourhood Planning (Referendums) Regulations”.

For “Parliamentary Election” substitute “Neighbourhood Planning Referendum”.

Form 6: Form of Postal Voting Statement (for use w

Form 7: Form of Postal Voting Statement (for use w

Form 12: Form of directions for the guidance of vo

Form 14: Form of declaration made by the companion

Form 1: Form of invitation to register

Form A: Non-domestic rate-payer registration form

Form B: Voting choices form

Form 4: Form of Business Referendum Postal Voting

Form 5: Official Poll Card (to be sent to a named Front of card

Back of card

Form 7: Form of directions for the guidance of the

Form 8: Form of Certificate of Employment

Form 9: Form of declaration to be made by the comp

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031) (the “2012 Regulations”). Their main purpose is to apply, for the purposes of neighbourhood planning referendums, changes that have been or are to be made to the legislation relating to the administration of parliamentary and local government elections.

Regulation 3 amends the definition of “relevant register” for the purposes of calculating the referendum expenses limit. The limit is now to be calculated by reference to the register of local government electors as it has effect at the beginning of the referendum period, rather than as it was after the canvass in the preceding year.

Regulations 4 and 5 amend the Neighbourhood Planning Referendums Rules (Schedule 3 to the 2012 Regulations) to enable a community support officer to enter a polling station or a count venue on the same terms as a constable. Regulations 13 and 14 make equivalent changes to the Neighbourhood Planning Referendums (Combination of Polls) Rules (Schedule 5 to the 2012 Regulations); and regulations 28 and 29 make equivalent changes to the Neighbourhood Planning Business Referendums Rules (Schedule 7 to the 2012 Regulations).

Regulations 6 and 7 amend the Neighbourhood Planning Referendums Rules to allow a voter to vote (and allow a person to return a postal vote) if he or she is in a polling station or in a queue outside a polling station at 10 p.m. on polling day for the purpose of voting (or for the purpose of returning the postal vote). Regulations 15, 16, 30 and 31 make equivalent changes to the Neighbourhood Planning Referendums (Combination of Polls) Rules and the Neighbourhood Planning Business Referendums Rules.

Regulations 8, 12, 17, 19 and 32, and Schedules 1, 3, 4 and 5, replace various forms and notices used at residential and business referendums.

Regulations 9 and 10 and Schedule 2 amend the tables in Schedule 4 to the 2012 Regulations that apply certain elections legislation for the purposes of residential referendums. The amendments are to take account of amendments made to the Representation of the People Act 1983 by the Electoral Registration and Administration Act 2013 (c.6) and of amendments made to the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) (the “2001 Regulations”) by the Representation of the People (Description of Electoral Registers and Amendment) (England and Wales) Regulations 2013 (S.I. [xxxx/yyyy]). Regulation 10 and Schedule 2 also apply, for residential referendums, certain provisions in the 2001 Regulations that were omitted from Schedule 4 to the 2012 Regulations in error.

Regulation 11 makes minor changes to Schedule 4 to the 2012 Regulations, which are consequential on changes in other legislation.

Regulation 18 amends Schedule 6 to the 2012 Regulations to enable a business vote holder to apply to change their named voter (the person who will cast the vote) after the usual deadline has expired, if the named voter has become unable to vote for work reasons. This amendment reflects, for business referendums, amendments made to the 2001 Regulations that will apply to residential referendums by virtue of Schedule 4 to the 2012 Regulations.

Regulation 20 amends Schedule 6 to provide for a counting officer to create a list of cancelled postal ballot papers at a business referendum. Regulation 27(b) makes a consequential change.

Regulations 21 to 26 and 27(a) amend the Neighbourhood Planning Business Referendum Rules to require a counting officer to check the personal identifiers (date of birth and signature) on every returned postal voting statement against the corresponding identifiers held on file. These amendments reflect, for business referendums, amendments made to the 2001 Regulations that will apply to residential referendums by virtue of Schedule 4 to the 2012 Regulations.

Regulation 33 makes consequential amendments to the table of applications in Schedule 8 to the 2012 Regulations.

A full regulatory impact assessment has not been produced for this instrument because no impact, or no significant impact, on the private, voluntary or public sectors is foreseen, other than that set out in the impact assessments for the Electoral Registration and Administration Act 2013.