The Neighbourhood Planning (Referendums) Regulations 2012
S.I. 2012/2031 · Made 2 August 2012 · Extends to England and Wales
Town And Country Planning, England
Made 2nd August 2012
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 1990 M1 and section 38A(3) of the Planning and Compulsory Purchase Act 2004 M2.
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
Marginal citations
- M1
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.
- M2
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
- 1Citation and commencement
- 2Interpretation
- 2ADate by which referendum must be held
- 3Question to be asked in a referendum
- 4Information to be made available in relation to referendums
- 5Restriction on publication etc of promotional material
- 6General restriction on referendum expenses
- 7Notional referendum expenses
- 8Conduct of referendum: poll at referendum not taken together with poll at relevant election or referendum
- 9Counting officer
- 10Cross-boundary referendum areas and the Chief Counting Officer
- 11Combination of polls: general
- 12Combination of polls: conduct of referendum
- 13Combination of polls: supplementary provisions relating to relevant elections
- 14Advertisements
- 15Non-domestic rating: premises used for referendum purposes
- 16Referendums not arranged by the local planning authority
- 17Business referendums
- Signature
- Schedule 1: Question to be asked in a referendum
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 2: Matters relevant to referendum expenses
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 3: THE NEIGHBOURHOOD PLANNING REFERENDUMS RULES
- Part 1: Citation and Interpretation
- 1Citation
- 2Interpretation
- Part 2: Provisions as to Time
- 3Timetable
- 4Computation of time
- Part 3: General Provisions
- 5Notice of referendum
- 6Poll to be taken by ballot
- 7The ballot papers
- 8The corresponding number list
- 9The official mark
- 10Prohibition of disclosure of vote
- 11Use of schools and public rooms
- 12Cross-boundary referendum areas
- Part 4: Action to be Taken Before the Poll
- 13Notice of poll
- 14Postal ballot papers
- 15Provision of polling stations
- 16Appointment of presiding officers and polling clerks
- 17Issue of official poll cards
- 18Equipment of polling stations
- 19Appointment of polling observers and counting observers
- 20Notification of requirement of secrecy
- 21Return of postal ballot papers
- Part 5: The Poll
- 22Admission to polling station
- 23Keeping of order in station
- 24Sealing of ballot boxes
- 25Questions to be put to voters and proxies
- 26Challenge of voter or proxy
- 27Voting procedure
- 28Votes marked by presiding officer
- 29Voting by persons with disabilities
- 30Tendered ballot papers: circumstances where available
- 30APostal voting documents handed in to the counting officer
- 30BRejection of postal voting documents handed in to the counting officer
- 30CProcedure for dealing with rejected postal voting documents handed in to the counting officer
- 30DPostal voting documents left behind with the counting officer
- 30EOpening of delivered or collected packets of postal voting documents
- 31Tendered ballot papers: general provisions
- 31ARefusal to deliver ballot paper
- 32Spoilt ballot papers
- 33Correction of errors on day of poll
- 34Adjournment of poll in case of riot
- 35Procedure on close of poll
- Part 6: Counting of Votes
- 36Attendance at counting of votes
- 37The count
- 38Re-count
- 39Rejected ballot papers
- 40Decisions on ballot papers
- 41Equality of votes
- Part 7: Declaration of Result and Disposal of Documents
- 42Declaration of result
- 43Declaration of result: cross-boundary referendum areas
- 44Sealing up of ballot papers
- 45Delivery of documents to relevant registration officer
- 46Orders for production of documents
- 47Retention of documents
- 8Appendix of Forms
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- Form 1 - Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1
- Form 2 - Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1
- Form 3 - Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1
- Form 4 - Corresponding Number List L1
- Form 5 - Corresponding Number List L2
- Form 6: Form of Postal Voting Statement
- Form 7 (official poll card to be sent to a voter voting in person)
- Form 8: Official Postal Poll Card (to be sent to a voter voting by post)
- Form 9 (official proxy poll card to be sent to an appointed proxy voting in person)
- Form 10: Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)
- Form 10A: Ballot paper refusal list
- Form 11: Form of directions for the guidance of the voters and proxies in voting
- Form 12: Form of Certificate of Employment
- Form 13: declaration to be made by the companion of a voter or proxy with disabilities
- Schedule 4: Application, with Modification, of other Acts and Subordinate Legislation
- 1Part 1
- Part 2
- 1The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 3
- 8Other secondary legislation about combination of polls
- 9... Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15The Local Elections (Principal Areas) (England and Wales) Rules 2006
- 16Paragraph 16
- 17Paragraph 17
- 18The Local Elections (Parishes and Communities) (England and Wales) Rules 2006
- 19Paragraph 19
- 20Paragraph 20
- 21The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
- 22Paragraph 22
- 23Paragraph 23
- 24The Greater London Authority Elections Rules 2007
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31The Local Authorities (Conduct of Referendums) (England) Regulations 2012
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012
- 36Paragraph 36
- 37The Police and Crime Commissioner Elections Order 2012
- 38Paragraph 38
- 39Paragraph 39
- Schedule 5: THE NEIGHBOURHOOD PLANNING REFERENDUMS (COMBINATION OF POLLS) RULES
- Part 1: Citation and Interpretation
- 1Citation
- 2Interpretation
- Part 2: Provisions as to Time
- 3Timetable
- 4Computation of time
- Part 3: General Provisions
- 5Notice of referendum
- 6Poll to be taken by ballot
- 7The ballot papers
- 8The corresponding number list
- 9The official mark
- 10Prohibition of disclosure of vote
- 11Use of schools and public rooms
- 12Cross-boundary referendum areas
- Part 4: Action to be Taken Before the Poll
- 13Notice of poll
- 14Postal ballot papers
- 15Provision of polling stations
- 16Appointment of presiding officers and polling clerks
- 17Issue of official poll cards
- 18Equipment of polling stations
- 19Appointment of polling observers and counting observers
- 20Notification of requirement of secrecy
- 21Return of postal ballot papers
- Part 5: The Poll
- 22Admission to polling station
- 23Keeping of order in station
- 24Sealing of ballot boxes
- 25Questions to be put to voters and proxies
- 26Challenge of voter or proxy
- 27Voting procedure
- 28Votes marked by presiding officer
- 29Voting by persons with disabilities
- 30Tendered ballot papers: circumstances where available
- 31Tendered ballot papers: general provisions
- 31ARefusal to deliver ballot paper
- 32Spoilt ballot papers
- 33Correction of errors on day of poll
- 34Adjournment of poll in case of riot
- 35Procedure on close of poll
- Part 6: Counting of Votes
- 36Attendance at counting of votes
- 37The count
- 38Re-count
- 39Rejected ballot papers
- 40Decisions on ballot papers
- 41Equality of votes
- Part 7: Declaration of Result and Disposal of Documents
- 42Declaration of result
- 43Declaration of result: cross-boundary referendum areas
- 44Sealing up of ballot papers
- 45Delivery of documents to relevant registration officer
- 46Orders for production of documents
- 47Retention of documents
- 48Countermand or abandonment of poll at relevant election on death of candidate
- 8Appendix of Forms
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- Form 1 - Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1
- Form 2 - Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1
- Form 3 - Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1
- Form 4 - Corresponding Number List M1
- Form 5 - Corresponding Number List M2
- Form 6: Postal voting statement for use when there is joint issue and receipt of postal ballot papers
- Form 7: Postal voting statement for use where a referendum poll is combined with another poll but the postal ballot papers are not combined
- Form 8 (official poll card to be sent to a voter voting in person)
- Form 9: Official postal poll card to be sent to a voter voting by post
- Form 10 (official proxy poll card)
- Form 11: Official proxy postal poll card to be sent to an appointed proxy voting by post
- Form 11A: Ballot paper refusal list
- Form 12: Form of directions for the guidance of the voters and proxies in voting
- Form 13: Form of Certificate of Employment
- Form 14: declaration to be made by the companion of a voter or proxy with disabilities
- Schedule 6: REGISTERING TO VOTE IN A BUSINESS REFERENDUM
- Part 1: General
- 1Interpretation
- 2Time
- 3Forms
- 4Communication of applications, notices, etc.
- 5Exercise of vote
- 6The named voter
- Part 2: Preparation for registration
- 7Initial steps
- 8Non-domestic rates billing information and the initial registration list
- 9Publication of registration notice
- 10Invitation to register
- Part 3: Requirements of registration
- 11Registration response
- 12Signatures
- 13Business registration officer’s right to inspect records
- 14Evidence of age or nationality
- Part 4: Compiling of registers and lists
- 15Business voting register
- 16Business voter identifier records
- 17Provision of fresh signatures
- 18Voters list
- 19Marked register for polling stations
- 20Inspection of applications
- Part 5: Alterations after registration
- 21Cancellation or change of named voter
- 22Alteration of other registration details
- 23Emergency change of named voter
- 24Correction of clerical errors
- Part 6: Reviewing the register
- 25Procedure for removal from register
- Part 7: Application for Hearings and Appeals
- 26Hearings
- 27Time when alterations take effect
- 28Registration appeals
- Part 8: Publication and supply of register and lists
- 29Interpretation
- 30Publication of business voting register
- 31Restrictions on supply of business voting register and disclosure of information from it by the business registration officer or that officer’s staff
- 32Restriction on the use of the business voting register, or information contained in it, supplied in accordance with enactments or obtained otherwise
- 33Supply of copy of business voting register to the British Library and restrictions on use
- 34Supply of copy of business voting register to the Office for National Statistics and restrictions on use
- 35Supply of copy of business voting register to the Electoral Commission and restrictions on use
- 36Supply of copy of business voting register to certain councils and restrictions on use
- 37Supply of copy of business voting register to the security services
- 38Supply of copy of business voting register to police forces and restrictions on use
- 39Supply of copy of business voting register to public libraries and local authority archives services, and restrictions on use
- 40Supply of copy of business voting register to counting officer
- 41Supply of copy of voters list to counting officer
- 42Communication of alterations made on polling day
- 43Use of identifier information
- Part 9: Access to documents open to public inspection
- 44Inspection of documents open to public inspection
- 45Conditions on the use, supply and disclosure of documents open to public inspection
- Part 10: Criminal offences
- 46Interference with notices
- 47Provision of false information
- 48Copies of the register
- 49Supply of the register
- 50Power to require information
- Part 11: Appendix of forms
- Form 1 – Form of invitation to register
- Form A: Non-domestic rate-payer registration form
- Form B: Voting choices form
- Schedule 7: THE NEIGHBOURHOOD PLANNING BUSINESS REFERENDUMS RULES
- Part 1: Citation and Interpretation
- 1Citation
- 2Interpretation
- Part 2: Provisions as to Time
- 3Timetable
- 4Computation of time
- Part 3: General Provisions
- 5Consistency of ballot papers and documents
- 6Notice of business referendum
- 7Poll to be taken by ballot
- 8The ballot papers
- 9The corresponding number list
- 10The official mark
- 11Prohibition of disclosure of vote
- 12Use of schools and public rooms
- 13Cross-boundary referendum areas
- Part 4: Action to be Taken Before the Poll
- 14Notice of poll
- Part 5: Postal voting
- 15Postal ballot papers
- 16Persons entitled to be present at proceedings on issue and receipt of postal ballot papers
- 17Notification of requirement of secrecy
- 18Time when postal ballot papers are issued
- 19Refusal to issue postal ballot paper
- 20Procedure on issue of ballot paper
- 21Envelopes
- 22Sealing up of completed corresponding number lists and security of special lists
- 23Delivery of postal ballot papers
- 24Cancellation of postal ballot papers
- 25Spoilt postal ballot papers
- 26Lost postal ballot papers
- 27Alternative means of returning postal ballot paper or postal voting statement
- 27ARequirements of return of postal voting documents form
- 27BRejection of postal voting documents handed in at a polling station
- 27CProcedure for dealing with rejected postal voting documents handed in at a polling station
- 27DPostal voting documents left behind at a polling station
- 28Notice of opening of postal ballot paper envelopes
- 29Postal ballot boxes and receptacles
- 30Receipt of covering envelope
- 30APostal voting documents handed in to the counting officer
- 30BRejection of postal voting documents handed in to the counting officer
- 30CProcedure for dealing with rejected postal voting documents handed in to the counting officer
- 30DPostal voting documents left behind with the counting officer
- 30EOpening of delivered or collected packets of postal voting documents
- 31Opening of postal voters’ ballot box
- 32Opening of covering envelopes
- 33Confirming receipt of postal voting statements
- 34Procedure in relation to postal voting statements Repealed
- 35Procedure in relation to postal voting statements: personal identifier verification
- 36Postal voting statements: additional personal identifier verification Repealed
- 37Opening of ballot paper envelopes
- 38Retrieval of cancelled postal ballot papers
- 39Lists of rejected postal ballot papers
- 40Checking of lists kept under rule 39
- 41Sealing of receptacles
- 42Forwarding of documents
- Part 6: Polling stations
- 43Provision of polling stations
- 44The appointment of presiding officers and polling clerks
- 45Issue of official poll cards
- 46Equipment of polling stations
- 47Appointment of polling observers and counting observers
- 48Notification of requirement of secrecy
- Part 7: The Poll
- 49Admission to polling station
- 50Keeping of order in polling station
- 51Sealing of ballot boxes
- 52Questions to be put to named voters
- 53Challenge of named voter
- 54Voting procedure
- 55Votes marked by presiding officer
- 56Voting by persons with disabilities
- 57Tendered ballot papers: circumstances where available
- 58Tendered ballot papers: general provisions
- 59Spoilt ballot papers
- 60Alterations of register on day of poll
- 61Adjournment of poll in case of riot
- 62Procedure on close of poll
- Part 8: Counting of Votes
- 63Attendance at counting of votes
- 64The count
- 65Re-count
- 66Rejected ballot papers
- 67Decisions on ballot papers
- 68Equality of votes
- Part 9: Declaration of Result and Disposal of Documents
- 69Declaration of result
- 70Declaration of result: cross-boundary referendum areas
- 71Sealing up of ballot papers
- 72Delivery of documents to business registration officer
- 73Orders for production of documents
- 74Retention of documents
- 10Appendix of Forms
- Form 1 – form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1
- Form 2 – form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1
- Form 3 – Corresponding Number List L1
- Form 4: Form of Business Referendum Postal Voting Statement
- Form 5: Official Poll Card (to be sent to a named voter voting in person)
- Form 6 – Corresponding Number List L2
- Form 7: Form of directions for the guidance of the named voters in voting
- Form 8: Form of Certificate of Employment
- Form 9: declaration to be made by the companion of a named voter with disabilities
- Schedule 8Application, with Modification, of other Acts and Subordinate Legislation in respect of Business Referendums
- Explanatory note