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The Neighbourhood Planning (Referendums) 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 9780111525050

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 Secretary of State makes the following Regulations in exercise of the powers conferred by 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 that Schedule, the Secretary of State has consulted the Electoral Commission on these Regulations.

In accordance with section 333(3A) 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

1990 c.8. Schedule 4B was inserted into the 1990 Act by section 121 of and Schedule 10 to the Localism Act 2011 (c.20). Section 333(3A) of the 1990 Act was inserted by paragraph 22(3) of Schedule 12 to the Localism Act 2011.

f2

2004 c.5. Section 38A of the 2004 Act, inserted by paragraph 7 of Schedule 9 to the Localism Act 2011, applies Schedule 4B to the 1990 Act to neighbourhood plans, subject to the modifications set out in section 38C(5). By virtue of paragraph 7 of Schedule 4C to the 1990 Act, inserted by Schedule 11 to the Localism Act 2011, Schedule 4B has effect in relation to community right to build orders subject to the modifications set out in paragraphs 8 to 10 of Schedule 4C.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Question to be asked in a referendum
  4. 4Information to be made available in relation to 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. 10Cross-boundary referendum areas and the Chief Counting Officer
  11. 11Combination of polls: general
  12. 12Combination of polls: conduct of referendum
  13. 13Combination of polls: supplementary provisions relating to relevant elections
  14. 14Advertisements
  15. 15Non-domestic rating: premises used for referendum purposes
  16. 16Referendums not arranged by the local planning authority
  17. Signature
  18. Schedule 1: Question to be asked in a referendum
  19. 1Paragraph 1
  20. 2Paragraph 2
  21. 3Paragraph 3
  22. Schedule 2: Matters relevant to referendum expenses
  23. 1Paragraph 1
  24. 2Paragraph 2
  25. 3Paragraph 3
  26. 4Paragraph 4
  27. 5Paragraph 5
  28. 6Paragraph 6
  29. 7Paragraph 7
  30. 8Paragraph 8
  31. Schedule 3: THE NEIGHBOURHOOD PLANNING REFERENDUMS RULES
  32. Part 1: Citation and Interpretation
  33. 1Citation
  34. 2Interpretation
  35. Part 2: Provisions as to Time
  36. 3Timetable
  37. 4Computation of time
  38. Part 3: General Provisions
  39. 5Notice of referendum
  40. 6Poll to be taken by ballot
  41. 7The ballot papers
  42. 8The corresponding number list
  43. 9The official mark
  44. 10Prohibition of disclosure of vote
  45. 11Use of schools and public rooms
  46. 12Cross-boundary referendum areas
  47. Part 4: Action to be Taken Before the Poll
  48. 13Notice of poll
  49. 14Postal ballot papers
  50. 15Provision of polling stations
  51. 16Appointment of presiding officers and polling clerks
  52. 17Issue of official poll cards
  53. 18Equipment of polling stations
  54. 19Appointment of polling observers and counting observers
  55. 20Notification of requirement of secrecy
  56. 21Return of postal ballot papers
  57. Part 5: The Poll
  58. 22Admission to polling station
  59. 23Keeping of order in station
  60. 24Sealing of ballot boxes
  61. 25Questions to be put to voters and proxies
  62. 26Challenge of voter or proxy
  63. 27Voting procedure
  64. 28Votes marked by presiding officer
  65. 29Voting by persons with disabilities
  66. 30Tendered ballot papers: circumstances where available
  67. 31Tendered ballot papers: general provisions
  68. 32Spoilt ballot papers
  69. 33Correction of errors on day of poll
  70. 34Adjournment of poll in case of riot
  71. 35Procedure on close of poll
  72. Part 6: Counting of Votes
  73. 36Attendance at counting of votes
  74. 37The count
  75. 38Re-count
  76. 39Rejected ballot papers
  77. 40Decisions on ballot papers
  78. 41Equality of votes
  79. Part 7: Declaration of Result and Disposal of Documents
  80. 42Declaration of result
  81. 43Declaration of result: cross-boundary referendum areas
  82. 44Sealing up of ballot papers
  83. 45Delivery of documents to relevant registration officer
  84. 46Orders for production of documents
  85. 47Retention of documents
  86. 8Appendix of Forms
  87. Form 1 - Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1
  88. Form 2 - Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1
  89. Form 3 - Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1
  90. Form 4 - Corresponding Number List L1
  91. Form 5 - Corresponding Number List L2
  92. Form 6 - Form of Postal Voting Statement
  93. Form 7 - Official Poll Card (to be sent to a voter voting in person)
  94. Form 8 - Official Postal Poll Card (to be sent to a voter voting by post)
  95. Form 9 - Official Proxy Poll Card (to be sent to an appointed proxy voting in person)
  96. Form 10 - Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)
  97. Form 11 - Form of directions for the guidance of the voters and proxies in voting
  98. Form 12 - Form of Certificate of Employment
  99. Form 13 - Form of declaration made by the companion of a voter or proxy with disabilities
  100. Schedule 4: Application, with Modification, of other Acts and Subordinate Legislation
  101. 1Part 1
  102. Part 2
  103. 1The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
  104. 2The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
  105. 3The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
  106. 4The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
  107. 5The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
  108. 6The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
  109. 7The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
  110. Part 3
  111. 8Other secondary legislation about combination of polls
  112. 9The European Parliamentary Elections Regulations 2004
  113. 10The European Parliamentary Elections Regulations 2004
  114. 11The European Parliamentary Elections Regulations 2004
  115. 12The European Parliamentary Elections Regulations 2004
  116. 13The European Parliamentary Elections Regulations 2004
  117. 14The European Parliamentary Elections Regulations 2004
  118. 15The Local Elections (Principal Areas) (England and Wales) Rules 2006
  119. 16The Local Elections (Principal Areas) (England and Wales) Rules 2006
  120. 17The Local Elections (Principal Areas) (England and Wales) Rules 2006
  121. 18The Local Elections (Parishes and Communities) (England and Wales) Rules 2006
  122. 19The Local Elections (Parishes and Communities) (England and Wales) Rules 2006
  123. 20The Local Elections (Parishes and Communities) (England and Wales) Rules 2006
  124. 21The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
  125. 22The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
  126. 23The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
  127. 24The Greater London Authority Elections Rules 2007
  128. 25The Greater London Authority Elections Rules 2007
  129. 26The Greater London Authority Elections Rules 2007
  130. 27The Greater London Authority Elections Rules 2007
  131. 28The Greater London Authority Elections Rules 2007
  132. 29The Greater London Authority Elections Rules 2007
  133. 30The Greater London Authority Elections Rules 2007
  134. 31The Local Authorities (Conduct of Referendums) (England) Regulations 2012
  135. 32The Local Authorities (Conduct of Referendums) (England) Regulations 2012
  136. 33The Local Authorities (Conduct of Referendums) (England) Regulations 2012
  137. 34The Local Authorities (Conduct of Referendums) (England) Regulations 2012
  138. 35The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012
  139. 36The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012
  140. 37The Police and Crime Commissioner Elections Order 2012
  141. 38The Police and Crime Commissioner Elections Order 2012
  142. 39The Police and Crime Commissioner Elections Order 2012
  143. Schedule 5: THE NEIGHBOURHOOD PLANNING REFERENDUMS (COMBINATION OF POLLS) RULES
  144. Part 1: Citation and Interpretation
  145. 1Citation
  146. 2Interpretation
  147. Part 2: Provisions as to Time
  148. 3Timetable
  149. 4Computation of time
  150. Part 3: General Provisions
  151. 5Notice of referendum
  152. 6Poll to be taken by ballot
  153. 7The ballot papers
  154. 8The corresponding number list
  155. 9The official mark
  156. 10Prohibition of disclosure of vote
  157. 11Use of schools and public rooms
  158. 12Cross-boundary referendum areas
  159. Part 4: Action to be Taken Before the Poll
  160. 13Notice of poll
  161. 14Postal ballot papers
  162. 15Provision of polling stations
  163. 16Appointment of presiding officers and polling clerks
  164. 17Issue of official poll cards
  165. 18Equipment of polling stations
  166. 19Appointment of polling observers and counting observers
  167. 20Notification of requirement of secrecy
  168. 21Return of postal ballot papers
  169. Part 5: The Poll
  170. 22Admission to polling station
  171. 23Keeping of order in station
  172. 24Sealing of ballot boxes
  173. 25Questions to be put to voters and proxies
  174. 26Challenge of voter or proxy
  175. 27Voting procedure
  176. 28Votes marked by presiding officer
  177. 29Voting by persons with disabilities
  178. 30Tendered ballot papers: circumstances where available
  179. 31Tendered ballot papers: general provisions
  180. 32Spoilt ballot papers
  181. 33Correction of errors on day of poll
  182. 34Adjournment of poll in case of riot
  183. 35Procedure on close of poll
  184. Part 6: Counting of Votes
  185. 36Attendance at counting of votes
  186. 37The count
  187. 38Re-count
  188. 39Rejected ballot papers
  189. 40Decisions on ballot papers
  190. 41Equality of votes
  191. Part 7: Declaration of Result and Disposal of Documents
  192. 42Declaration of result
  193. 43Declaration of result: cross-boundary referendum areas
  194. 44Sealing up of ballot papers
  195. 45Delivery of documents to relevant registration officer
  196. 46Orders for production of documents
  197. 47Retention of documents
  198. 48Countermand or abandonment of poll at relevant election on death of candidate
  199. 8Appendix of Forms
  200. Form 1 - Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1
  201. Form 2 - Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1
  202. Form 3 - Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1
  203. Form 4 - Corresponding Number List M1
  204. Form 5 - Corresponding Number List M2
  205. Form 6 - Form of Postal Voting Statement (for use where there is joint issue and receipt of postal ballot papers)
  206. Form 7 - Form of Postal Voting Statement (for use where a referendum poll is combined with another poll but the postal ballot papers are not combined)
  207. Form 8 - Official Poll Card (to be sent to a voter voting in person)
  208. Form 9 – Official Postal Poll Card (to be sent to a voter voting by post)
  209. Form 10 - Official Proxy Poll Card (to be sent to an appointed proxy voting in person)
  210. Form 11 - Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)
  211. Form 12 - Form of directions for the guidance of the voters and proxies in voting
  212. Form 13 - Form of Certificate of Employment
  213. Form 14 - Form of declaration made by the companion of a voter or proxy with disabilities
  214. Explanatory note