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

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace the Local Authorities (Conduct of Referendums)(England) Regulations 2007 to make provision for the conduct of referendums held under Part 1A of the Local Government Act 2000 (“the 2000 Act”), or by virtue of regulations or an order made under any provision of that Part. These Regulations only apply in relation to England. The referendums will relate to the question of whether a local authority – a county, district or London borough council – should change their governance arrangements to a different form permitted under section 9B(1) of the 2000 Act.

Regulation 3 and Schedule 1 prescribe the form of words of the question to be asked in a referendum held under Part 1A.

Regulation 4 requires the local authority to fulfil certain publicity requirements relating to the referendum and imposes time limits by which notice must be given. Regulation 5 imposes restrictions on the material that may be published, displayed or distributed by and on behalf of the authority in the period beginning 28 days before the date of the referendum.

Regulation 6 imposes a referendum expenses limit on the amount that may be incurred by way of referendum expenses. Schedule 2 makes provision about the matters relevant to referendum expenses. Under Regulation 6(3) there is an offence for expenditure in excess of the referendum expenses limit.

Regulation 7 provides for amounts relevant to the use of certain property, services and facilities to be treated as incurred by way of referendum expenses for the purposes of regulation 6.

Regulation 8 provides for the conduct of a referendum which is not combined with any other polls. These Regulations set out the rules for the conduct of a referendum in full (the Local Government Act Referendums Rules), in Schedule 3. Other electoral legislation is applied, with modifications, to facilitate the conduct of referendums (as set out in Tables 1 to 6 of Schedule 4).

Regulation 9 specifies who is to be the counting officer at the referendum.

Regulation 10 makes provision for the combination of polls.

Regulation 11 makes provision for the conduct of referendums when combined with the poll at elections. The rules for conducting such referendums are again set out in full (the Local Government Act Referendums (Combination of Polls) Rules), in Schedule 5. Other electoral legislation is applied to facilitate the conduct of such referendums (as set out in Tables 1 to 6 of Schedule 4).

Regulation 12 makes provision about the conduct of elections when they are combined with the poll at a referendum.

Regulation 13 makes provision about the conduct of a referendum where the poll is combined with another referendum.

Regulation 14 deals with the result of the referendum, subject to the provisions which allow the result of the referendum to be challenged.

Regulation 15 makes provision for a referendum to be challenged by the bringing of a referendum petition. The provisions of the Representation of the People Act 1983 (c.2) contained in Schedule 6 are applied with modifications to facilitate the bringing of a referendum petition to challenge a referendum. Schedule 7 makes modifications to the Election Petition Rules 1960, when applied to referendums by regulation 15(9).

Regulations 16 and 17 address the immediate consequences of the bringing of a referendum petition (as to whether the authority may implement or continue to operate new governance arrangements in pursuance of the referendum) and how a referendum petition is to be determined.

Regulation 18 provides for certain days to be ignored in computing certain periods of time for the purposes of regulation 4(1).

Regulation 19 exempts advertisements relating specifically to the referendum from regulations under the Town and County Planning Act 1990 (c.8) controlling the display of advertisements.

Regulation 20 provides that premises used in relation to the referendum for public meetings or the taking of the poll are to be treated as unoccupied for rating purposes.

A full impact assessment has not been produced for these Regulations as no impact on the private or voluntary sectors is foreseen.