The Neighbourhood Planning (Referendums) (Amendment) Regulations 2016

Amendments to the Neighbourhood Planning (Referendums) Regulations 2012

2.  After regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012(1) insert—

“Date by which referendum must be held

2A.— (1) The referendum must be held on or before the date prescribed in paragraph (2).

(2) The date prescribed in this paragraph is—

(a) where—

(i) regulation 10 applies,

(ii) regulation 16 applies, or

(iii) regulation 17 applies,

the date which is the last day of the period of 84 days beginning with the day immediately following the day on which the decision that the referendum must be held is first published in accordance with paragraph 12(11) of Schedule 4B to the 1990 Act;

(b) in all other cases, the date which is the last day of the period of 56 days beginning with the day immediately following the day on which that decision is first published in accordance with that paragraph.

(3) Paragraph (1) does not apply where—

(a) the local planning authority and the qualifying body agree that the referendum need not be held by the date prescribed in paragraph (2);

(b) the poll at the referendum is taken on the same day as another poll in accordance with regulation 11 (whether or not the polls are taken together), provided that day is no later than the date 65 days from the date prescribed in paragraph (2);

(c) proceedings for questioning the decision that the referendum must be held have been brought in accordance with section 61N(2) of the 1990 Act(2) before the date prescribed in paragraph (2).

(4) The days mentioned in paragraph (5) are to be disregarded in calculating any date referred to in this regulation.

(5) The days mentioned in this paragraph are—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971(3) in England, and

(c) any day appointed as a day of public thanksgiving or mourning in England.”

(1)

S.I. 2012/2031, amended by S.I. 2013/798 and S.I. 2014/333.

(2)

Section 61N was inserted by section 116 of, and paragraph 2 of Schedule 9 to, the 2011 Act and is applied to neighbourhood development plans by section 38C(2)(d) of the 2004 Act, inserted by paragraph 7 of that Schedule.

(3)

1971 c. 80. There are amendments to the Act that are not relevant to these Regulations.