Paragraph 15 F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 4B para. 8(2)(b) words inserted by Levelling-up and Regeneration Act 2023 s. 102(2)(a)(i)
Sch. 4B para. 11(3)-(5) inserted by Neighbourhood Planning Act 2017 s. 7
Sch. 4B para. 8(2)(ca) inserted by Levelling-up and Regeneration Act 2023 s. 102(2)(a)(ii)
Sch. 4B para. 8(4A)(4B) inserted by Levelling-up and Regeneration Act 2023 s. 102(2)(b)
Sch. 4B para. 5(5)(za) inserted by Levelling-up and Regeneration Act 2023 Sch. 6 para. 12(a)
Sch. 4B para. 8(2)(da) inserted by Levelling-up and Regeneration Act 2023 Sch. 6 para. 12(b)

(1)

The additional referendum mentioned in paragraph 12(4) must be held on the making of a neighbourhood development order if the draft order relates to a neighbourhood area that has been designated as a business area under section 61H.

(2)

Sub-paragraph (2) of paragraph 14 is to apply in relation to the additional referendum as it applies in relation to a referendum under that paragraph.

(3)

A person is entitled to vote in the additional referendum if on the prescribed date—

(a)

the person is a non-domestic ratepayer in the referendum area, or

(b)

the person meets such other conditions as may be prescribed.

(4)

“ Non-domestic ratepayer ” has the same meaning as in Part 4 of the Local Government Act 2003 (see section 59(1)).

(5)

Regulations may make provision for excluding a person's entitlement to vote in the additional referendum.

Annotations

Textual amendments

F1: Sch. 4B inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 116(2), 240(5)(j), Sch. 10; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

Notes on Schedule 4B

Modifications

C1: Sch. 4B applied (with modifications) by 2004 c. 5, ss. 38A(3), 38C(5) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2 (which affecting provision is amended (25.3.2026) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 99(2), 255(3)(b) (with s. 247); S.I. 2026/169, reg. 3(d) (with Sch. 1))