The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013

Made: 5th April 2013

Coming into force in accordance with regulation 1

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.

Citation and commencement

1

These Regulations may be cited as the Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 and come into force on the day after the day on which they are made.

Amendment of the Neighbourhood Planning (Referendums) Regulations 2012

2

The Neighbourhood Planning (Referendums) Regulations 2012[^f00003] are amended in accordance with regulations 3 to 8 below.

Interpretation

3

In regulation 2 (interpretation)—

• (a) after the definition of “the 2004 Act” insert—

• “business referendum” means the additional referendum referred to in paragraph 15 of Schedule 4B to the 1990 Act;

and

• (b) after the definition of “relevant election” insert—

• “residential referendum” means the referendum referred to in paragraph 14(2) of Schedule 4B to the 1990 Act.

Information to be made available in relation to referendums

4

• (1) Regulation 4 (information to be made available in relation to referendums) is amended as follows.

• (2) In paragraph (1)—

• (a) omit the words before “proper officer”, and

• (b) after sub-paragraph (b) insert—

; and (c) where regulation 17 applies, and subject to paragraph (3A), made available during the referendum period in such other manner if any as the proper officer considers necessary to bring them to the attention of persons likely to be entitled to vote in the business referendum.

• (3) After paragraph (1) insert—

(1A) The information statement and the specified documents must be published in accordance with paragraph (1)(a) not fewer than— (a) where regulation 17 applies, 56 days before the date on which the referendums will be held (subject to paragraph 3A)); or (b) in any other case, 28 days before the date on which the referendum will be held. (1B) Where regulation 17 applies (and subject to paragraph (3B)), the information statement and specified documents must be published on the same date in respect of each of the referendums.

• (4) In paragraph (3)(a)(i) at the end insert “and, where regulation 17 applies, that two referendums will be held on the same date one of which is a business referendum;”.

• (5) In paragraph (3)(a)(ii) after “the date on which the referendum” insert “or referendums”.

• (6) In paragraph (3)(a)(iii) after “the question to be asked in the referendum” insert “or referendums”.

• (7) For paragraph (3)(a)(vii) to (ix) substitute—

(vi) a description of persons entitled to vote in the referendum and, where regulation 17 applies, each of the referendums; (vii) the referendum expenses limit that will apply in relation to the referendum or, where regulation 17 applies, as the overall limit for both referendums, and the number of persons by reference to which that limit has been calculated; (viii) that the referendum or referendums will be conducted in accordance with procedures similar to those used at local government elections; and (ix) the address and times at which a copy of the specified documents can be inspected, including, where regulation 17 applies, the specified documents relating to the business referendum; and

• (8) After paragraph (3) insert—

(3A) Where regulation 17 applies, the referendum expenses limit in paragraph (3)(a)(vii) shall be published and made available in accordance with paragraph (1) as soon as practicable after the initial registration list is received by the business registration officer. (3B) Where regulation 17 applies, this regulation does not require publication or making available of more than one statement, nor of the same document more than once, except in so far as is necessary to bring the information set out in paragraph (3) in respect of both referendums to the attention of persons entitled to vote in either of the referendums. (3C) In this regulation “referendum expenses limit” has the same meaning as in regulation 6(1).

• (9) In paragraph (4) omit the words “of 28 days”.

General restriction on referendum expenses

5

• (1) In regulation 6 (general restriction on referendum expenses) after the definition of “campaign organiser” insert—

• “initial registration list” means the information provided by a billing authority to a business registration officer in accordance with paragraph 13 of Schedule 6 and includes any corrections or alterations made to it in accordance with the provisions of that Schedule;

• (2) In the definition of “referendum expenses limit” from the words “where N” to the end of the definition substitute—

• where N is— if regulation 17 does not apply, the number of entries in the relevant register; if regulation 17 applies, the sum of the number of entries in the relevant register and the number of rate-payers on the initial registration list;”

Conduct of referendums and combination of polls

6

• (1) In regulation 8(1) (conduct of referendum: poll at referendum not taken together with the poll at a relevant election), after the words “in relation to the” insert “residential”.

• (2) For regulation 11(1) (combination of polls: general), substitute—

(1) Where the poll at a residential referendum would be taken on a day that falls within the period beginning 28 days before the day on which the poll is to be taken at a relevant election— (a) the poll at the referendum (or at both the residential referendum and the business referendum, where an additional referendum is required to be held in accordance with paragraph 12(4) of Schedule 4B to the 1990 Act) may be taken on the day on which the poll is to be taken at the relevant election; and (b) the poll at the residential referendum may be taken together with the poll at the relevant election if the returning officer or counting officer for the relevant election and the counting officer for the referendum think fit.

• (3) For regulation 11(2) (combination of polls: general) substitute—

(2) Where the poll at a residential referendum would be taken on a day that falls within the period beginning 28 days before the day on which the poll is to be taken at another residential referendum— (a) the poll at the referendum (or at both the residential referendum and the business referendum, where an additional referendum is required to be held in accordance with paragraph 12(4) of Schedule 4B to the 1990 Act) may be taken on the day on which the poll is to be taken at the other residential referendum; and (b) the poll at both the residential referendums may be taken together if the counting officer thinks fit.

• (4) In regulation 12(1) (combination of polls: conduct of referendum) for the words “in relation to the referendum” substitute “in relation to a residential referendum”.

Business referendums

7

• (1) After regulation 16 (referendums not arranged by the local planning authority), insert—

(17) (1) This regulation applies where a business referendum is required to be held. (2) The business referendum must be held on the same date as the corresponding residential referendum. (3) Schedule 6 is to have effect. (4) The poll at the business referendum is to be conducted in accordance with the Neighbourhood Planning Business Referendums Rules as set out in Schedule 7. (5) The provisions mentioned in the Tables in Schedule 8 have effect in relation to the business referendum subject to— (a) unless the context otherwise requires the general modifications specified in paragraph (6), and (b) the modifications specified in those Tables. (6) The general modifications are— (a) a reference to an election must be construed as a reference to the business referendum; (b) a reference to a returning officer must be construed as a reference to the counting officer; (c) a reference to a register or a register of parliamentary or local government electors must be construed as a reference to the business voting register; (d) a reference to a constituency, an electoral division or a ward, or a reference to a voting area must be construed as a reference to the referendum area; (e) a reference to any local authority by or in respect of which an election is held must be construed as a reference to the relevant council; (f) a reference to voting for, or a vote for, a candidate must be construed as a reference to voting for, or a vote for, an answer; (g) a reference to promoting or procuring the election of a candidate, or furthering a person’s candidature, must be construed as a reference to promoting or procuring a particular result in the business referendum; (h) a reference to the return of a person must be construed as a reference to a particular result in the business referendum; (i) a reference to an elector or a proxy must be construed as a reference to a business vote holder or a named voter; (j) where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents is ignored; (k) a reference to anything having been prescribed must be construed as a reference to its being provided for by a provision of subordinate legislation applied by these Regulations; (l) a form which is required to be used may be used with such variations as the circumstances require; (m) a reference to the registration officer, in relation to a district, London borough, the Common Council of the City of London or the Isles of Scilly, is a reference to the business registration officer; (n) any reference to an enactment or instrument made under an enactment must be construed as a reference to that enactment or instrument as applied by these Regulations; (o) so much of any provision as applies to an election petition is ignored; (p) so much of any provision as applies only in Scotland, Wales or Northern Ireland is ignored. (7) In this regulation— - “business voting register” has the same meaning as in Schedule 6; - “corresponding residential referendum” has the same meaning as in Schedule 7.

• (2) After Schedule 5 (Combination of Polls) Rules insert new Schedules 6, 7 and 8 as set out in Schedules 1, 2 and 3 to these Regulations.

Residential referendums

8

• (1) In Schedule 3 (neighbourhood planning referendums rules) —

• (a) in rule 46(1) after “by a county court” insert “or the High Court”, and after “an offence in relation to ballot papers” insert “or for the purpose of proceedings brought as mentioned in section 61N(3) of the 1990 Act[^f00004]”; and

• (b) omit rule 46(2).

• (2) In Schedule 5 (neighbourhood planning referendums (combination of polls) rules) —

• (a) in rule 46(1) after “by a county court” insert “or the High Court”, and after “an offence in relation to ballot papers” insert “or for the purpose of proceedings brought as mentioned in section 61N(3) of the 1990 Act”; and

• (b) omit rule 46(2).

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Nick Boles — Parliamentary Under-Secretary of State — Department for Communities and Local Government — 5th April 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision for the conduct of additional “business referendums” held under paragraph 12(4) of Schedule 4B to the Town and Country Planning Act 1990 (“the 1990 Act”). These Regulations only apply in relation to England. The business referendums will relate to the question of whether a neighbourhood development plan or a neighbourhood development order is approved. Provision is made by amending the Neighbourhood Planning (Referendums) Regulations 2012[^f00059] (“the Referendums Regulations”). Additional referendums are provided for in paragraph 15 of Schedule 4B and are required for a neighbourhood area which has been designated as a business area and are in addition to the residential referendum for the area.

Regulation 3 inserts definitions of “business referendum” and “residential referendum” into regulation 2 (Interpretation) of the Referendums Regulations.

Regulation 4 amends regulation 4 (Information to be made available in relation to referendums) of the Referendums Regulations. In particular it provides that information must be published in connection with a referendum and a business referendum in a designated business area not fewer than 56 days before the date it is held.

Regulation 5 amends regulation 6 (General restriction on referendum expenses) of the Referendums Regulations by modifying the formula for referendum expenses where there is a business referendum.

Regulation 6 amends regulation 8 (Conduct of referendum: poll at referendum not take together with poll at relevant election or referendum), 11 (Cross-boundary referendum areas and the Chief Counting Officer) and 12 (Combination of polls: conduct of referendum) of the Referendums Regulations so that a business referendum cannot be combined with any other election or referendum (including the residential neighbourhood planning referendum (“corresponding residential referendum”)).

Regulation 7 inserts regulation 17 (Business referendums) and Schedules 6, 7 and 8 into the Referendums Regulations. Regulation 17 provides in particular that a business referendum must be held on the same day as the corresponding residential referendum.

Regulation 8 amends Schedule 3 of the Referendums Regulations to correct an error in those Regulations and to make the correct provision for the mode by which a legal challenge may be brought in relation to a referendum held under paragraph 14 of Schedule 4B to the 1990 Act.

Schedule 6 sets out the rules for the business voting register. In particular the Schedule makes provision for obtaining data from the business rates records held by local authorities, sending out invitations to register, compilation, publication and supply of the business voting register, alteration of the business voting register and appeals.

Schedule 7 sets out the rules which apply to the conduct of business referendums. These rules are based closely on the rules for conduct of referendums set out in Schedule 3 to the Referendums Regulations.

Schedule 8 sets out the election legislation which is to apply to business referendums, and how that legislation is modified, namely the Representation of the People Act 1983[^f00060], Representation of the People Act 2000[^f00061], Political Parties, Elections and Referendums Act 2000[^f00062] and the Electoral Administration Act 2006[^f00063].

Footnotes

[^f00001]: 1990 c.8. Schedule 4B was inserted into the 1990 Act by sections 116 and 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.

[^f00002]: 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).

[^f00003]: S.I. 2012/2031.

[^f00004]: Section 61N was inserted into the Town and Country Planning Act 1990 by Section 116 of and paragraph 2 of Schedule 9 to the Localism Act 2011 (c. 20).

[^f00005]: 1992 c. 14. Section 1(2) was amended in respect of Wales by section 35(5) of the Local Government (Wales) Act (c.19).

[^f00006]: OJ No C 83, 30.3.2010, p.47.

[^f00007]: 1988 c. 41. Section 64 was amended by sections 66(1) and (3) of the Local Government Act 2003 (c. 26), section 104 of and paragraph 2 of Schedule 10 to the Local Government Finance Act 1992 (c. 14) and section 3 of and paragraph 25 of Schedule 3 and Schedule 4 to the Local Government and Rating Act 1997.

[^f00009]: S.I. 2001/341; amended by S.I. 2001/1700, 2005/2114, 2006/2910, 2009/1182 and 2010/231.

[^f00010]: 2000, c. 2.

[^f00011]: 1998 c. 29.

[^f00012]: The Office for National Statistics is a government department to which various functions relating to the gathering and publication of statistics were transferred by the Transfer of Functions (Registration and Statistics) Order 1996 (S.I. 1996/273).

[^f00013]: 2000 c. 41.

[^f00014]: 1972 c. 70. The definition of “local authority” in section 270 has been amended by section 102, paragraph 8 of Schedule 16 and Schedule 17 to the Local Government Act 1985 (c. 43) and section 1(5) of the Local Government (Wales) Act 1994 (c.19). There have been other amendments to section 270 which are not relevant in this context.

[^f00015]: 1972. c 70.

[^f00016]: 1962 c. 56.

[^f00017]: 2003 c. 44.

[^f00018]: 2011 c.5.

[^f00019]: 1996 c.56.

[^f00020]: Subsections (1), (2) and (3) of section 66 of the 1983 Act were amended by paragraphs 69, 82, 86(b) and 96 of Schedule 1 to the Electoral Administration Act 2006 (c.22); subsection (6) was amended by paragraph 3 of Schedule 3 to the Representation of the People Act 1985 (c.50).

[^f00021]: 2000 c.41. Sections 6A to 6D were inserted by section 29 of the Electoral Administration Act 2006 (c.22).

[^f00022]: Section 61N was inserted into the Town and Country Planning Act 1990 by section Section 116 of and paragraph 2 of Schedule 9 to the Localism Act 2011 (c.20).

[^f00023]: Section 36(4) was amended by Schedule 17 to the Local Government Act 1985 (c. 51).

[^f00024]: Section 47 was amended by S.I. 1991/1728 and paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

[^f00025]: Section 49 was amended by paragraphs 2 and 7 of Schedule 1 to the Electoral Administration Act 2006 (c. 22), S.I. 1995/1948 and paragraph 12 of Schedule 1 to the Representation of the People Act 2000 (c. 2).

[^f00026]: Section 52 was amended by paragraph 71 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^f00027]: Section 54 was amended by paragraph 14 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^f00028]: Section 61 was amended by paragraph 2 of Schedule 2, and Schedule 5, to the Representation of the People Act 1985 (c. 50), paragraph 10 of Schedule 3 to the Greater London Authority Act 1999 (c. 29), paragraph 83 of Schedule 27 to the Civil Partnership Act 2004 (c. 33) and section 38(3) of the Electoral Administration Act 2006 (c. 22).

[^f00029]: Section 62A was inserted by section 40 of the Electoral Administration Act 2006 (c. 22).

[^f00030]: Section 63 was substituted by paragraph 19 of Schedule 4 to the Representation of the People Act 1985 (c. 50) and amended by S.I. 2001/1149, sections 7, 41(8) and 46(6) of the Electoral Administration Act 2006 (c.22) and sections 25(a) and 39 of, and Schedule 7 to, the Political Parties and Elections Act 2009 (c. 12).

[^f00031]: Section 65 was amended by paragraph 2 of Schedule 3 to the Representation of the People Act 1985 (c. 50) and paragraphs 69, 72 and 96 of Schedule 1 to the Electoral Administration Act 2006 (c. 22)

[^f00032]: Section 66 was amended by paragraph 3 of Schedule 3 to the Representation of the People Act 1985 (c. 50), paragraph 11 of Schedule 3 to the Greater London Authority Act 1999 (c.29) and paragraphs 69, 82, 86 and 96 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00033]: Section 66A was inserted by paragraphs 3 and 6 of Schedule 6 to the Representation of the People Act 2000 (c. 2)

[^f00034]: Section 92 was amended by paragraph 35 of Schedule 20 to the Broadcasting Act 1990 (c. 42) and paragraph 61 of Schedule 17 to the Communications Act 2003 (c. 21).

[^f00035]: Section 94 was amended by paragraph 36 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^f00036]: Section 96 was substituted by paragraph 38 of Schedule 4 to the Representation of the People Act 1985 (c. 50) and amended by paragraph 11 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31) and paragraph 29 of Schedule 3 to the Greater London Authority Act 1999 (c. 29).

[^f00037]: Section 97 was amended by paragraph 39 of Schedule 4 to the Representation of the People Act 1985 (c. 50) and Part 1 of Schedule 7 to the Police and Criminal Evidence Act 1984 (c. 60).

[^f00038]: Section 100(2) was amended by paragraph 5 of Schedule 3 to the Representation of the People Act 1985 (c. 50).

[^f00039]: Section 110 was substituted by paragraphs 1 and 14 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

[^f00040]: Section 113 was amended by paragraph 30 of Schedule 3 to the Greater London Authority Act 1999 (c. 29).

[^f00041]: Section 115 was amended by section 39(1) of the Electoral Administration Act 2006 (c. 22).

[^f00042]: Section 118 was amended by paragraph 43 of Schedule 4 to the Representation of the People Act 1985 (c. 50), section 135 of, and paragraphs 1 and 15 of Schedule 18 to, the Political Parties, Elections and Referendums Act 2000 (c. 41) and paragraphs 104, 119 and 133 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00043]: Section 119 was amended by section 19(4) of the Representation of the People Act 1985 (c. 50) and paragraphs 49 and 51(1) of Schedule 1 to the Electoral Administration Act 2006 (c. 22).

[^f00044]: Section 167 was amended by paragraph 56 of Schedule 4 to the Representation of the People Act 1985 (c. 50) and paragraph 18 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

[^f00045]: Section 168 was amended by paragraph 8 of Schedule 3 to, and paragraph 57 of Schedule 5 to, the Representation of the People Act 1985 (c. 50) and paragraphs 104 and 121 of Schedule 1 to the Electoral Administration Act 2006 (c.22).

[^f00046]: Section 169 was amended by paragraph 9 of Schedule 3 to the Representation of the People Act 1985 (c. 50).

[^f00047]: Section 173 was substituted by section 136 of the Political Parties, Elections and Referendums Act 2000 (c. 41).

[^f00048]: Section 175 was amended by paragraph 10 of Schedule 3 to the Representation of the People Act 1985 (c. 50) and paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

[^f00049]: Section 178 was substituted by paragraph 62 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^f00050]: Section 181 was amended by paragraph 63 of Schedule 4 to the Representation of the People Act 1985 (c. 50).

[^f00051]: Section 185 was amended by paragraph 10 of Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c. 41) and paragraphs 86 and 87 of Schedule 6 to the Licensing Act 2003 (c. 17).

[^f00052]: Section 199B was inserted by section 36 of the Electoral Administration Act 2006 (c.22).

[^f00053]: Section 202 was amended by Part 1 of Schedule 2 and paragraph 70 of Schedule 4 to the Representation of the People Act 1985 (c.50), the Statute Law (Repeals) Act 1983 (c.50), S.I. 1995/1948, the Schedule to the Law Officers Act 1997 (c.60), paragraph 38 of Schedule 3 to the Greater London Authority Act 1999 (c.29), paragraph 22 of Schedule 1 and paragraphs 3 and 9 of Schedule 6 to the Representation of the People Act 2000 (c.2), paragraph 19 of Schedule 18 and paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41), S.I. 2001/1149 and section 73 and paragraphs 13, 76 and 128 of Schedule 1 to the Electoral Administration Act 2006 (c.22).

[^f00054]: Section 175 was amended by paragraph 10 of Schedule 3 to the Representation of the People Act 1985 (c.50) and paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c.41).

[^f00055]: 2000 c. 2.

[^f00056]: Section 10 was amended by paragraphs 6 and 16 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41).

[^f00057]: 2000 c. 41. All the provisions mentioned in this table were inserted by section 29 of the Electoral Administration Act 2006 (c. 22).

[^f00058]: 2006 c. 22.

[^f00059]: S.I. 2012/2031.

[^f00060]: 1983 c. 2.

[^f00061]: 2000 c. 2.

[^f00062]: 2000 c. 41.

[^f00063]: 2006 c. 22.