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

S.I. 2012/323 · Made 8 February 2012 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 4 December 2024.

Local Government, England

Made 8th February 2012

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 2000 M1.

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

Marginal citations

M1

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