The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014

Citation, commencement and application

1.—(1) These Regulations may be cited as the Neighbourhood Planning (Referendums) (Amendment) Regulations 2014.

(2) This regulation, and regulations 2 (interpretation) and 3 (definition of relevant register for purposes of calculating referendum expenses) come into force on the day after the day on which these Regulations are made.

(3) Regulation 19 and Schedule 4 (registration forms for business referendums) come into force on 24th February 2014.

(4) Regulations 9(2) and 33(1) (effect of registers) come into force on the day on which paragraph 16(3) of Schedule 4 to the Electoral Registration and Administration Act 2013(1) comes into force.

(5) Regulation 33(2) (payment of expenses of registration) comes into force on the day on which paragraph 17 of Schedule 4 to the Electoral Registration and Administration Act 2013 comes into force.

(6) The remainder of the Regulations come into force on 6th April 2014.

(7) The Regulations (other than regulations 1, 2, 3, 9(2) and 33) do not apply for the purposes of a referendum in respect of which the date of the poll specified in the information statement is on or before 21st May 2014.

(8) Regulation 3 does not apply for the purposes of a referendum in respect of which the referendum period begins on or before the day on which the Regulations are made.

Interpretation

2.  In these Regulations—

“the 2012 Regulations” means the Neighbourhood Planning (Referendums) Regulations 2012(2) and, unless the context otherwise requires, a reference to a numbered regulation or Schedule is to the regulation or Schedule so numbered in the 2012 Regulations;

“information statement” has the meaning given by regulation 4(3)(a) of the 2012 Regulations; and

“referendum period” has the meaning given by regulation 2 of the 2012 Regulations.

Amendments to the 2012 Regulations

3.  In regulation 6 (general restriction on referendum expenses)(3), in paragraph (1), for the definition of “relevant register” substitute—

““relevant register” means the part or parts of the register or registers of local government electors kept in accordance with section 9(1) of the 1983 Act(4) which has or have effect in respect of the referendum area on the day on which the referendum period begins (whether or not the persons to whom the entries relate are entitled to vote in the referendum).”

4.  In Schedule 3 (the Neighbourhood Planning Referendums Rules), in rule 20 (notification of requirement of secrecy), after paragraph (1) insert—

“(2) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees)(5).”

5.  In Schedule 3, in rule 22 (admission to polling station), after paragraph (4) insert—

“(5) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).”

6.  In Schedule 3, in rule 27 (voting procedure), after paragraph (5) insert—

“(6) A voter or proxy who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter or proxy accordingly.”

7.  In Schedule 3, in rule 37 (the count), after paragraph (3) insert—

“(3A) A postal ballot paper or postal voting statement that reaches the counting officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (3) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.”

8.  In Schedule 3, in the Appendix of Forms, for Forms 6 to 13 substitute the corresponding forms in Schedule 1 to these Regulations.

9.—(1) In Part 1 of Schedule 4 (application, with modification, of other Acts and subordinate legislation), in table 1 (Representation of the People Act 1983), before the entry for section 13B insert—

“Section 13AB (alteration of registers: interim publication dates)(6)	After “election” in each place, insert “or referendum”.
	After subsection (8) insert— “(8A) This section also applies to referendums.””

(2) In that table, in the entry for section 49 (effect of registers)(7), in the first column, omit “, and (6)”.

10.  In Part 1 of Schedule 4, in table 6 (Representation of the People (England and Wales) Regulations 2001(8))—

(a) in the appropriate places, insert the entries in the table in Schedule 2 to these Regulations;

(b) in the entry for regulation 4 (forms)(9), for the words in the first column substitute “Regulation 4(1)(b) (forms) and, in so far as it gives effect to Forms E and K in Schedule 3, Regulation 4(2)”;

(c) in the entry for regulation 56 (closing date for applications)(10), in the second column, for “(5)” substitute “(5A)”;

(d) omit the entries for regulations 85 (procedure in relation to postal voting statements) and 85B (postal voting statements: additional personal identifier verification)(11); and

(e) in the entry for regulation 91 (forwarding of documents)(12), in the second column, for the modification that inserts paragraph (2A) substitute—

“After paragraph (3A) insert— “(3B) In the case of a referendum, the documents to be forwarded under paragraphs (1) and (3A)(a) are to be forwarded to the relevant registration officer determined in accordance with the Neighbourhood Planning Referendums Rules or the Neighbourhood Planning Referendums (Combination of Polls) Rules as the case may be.””

11.  In Part 2 of Schedule 4, in each of paragraphs 2, 7, 16, 19 and 22 for “the Local Authorities (Conduct of Referendums) (England) Regulations 2001” (in each place those words appear in those paragraphs) substitute “the Local Authorities (Conduct of Referendums) (England) Regulations 2012(13)”.

12.  In Schedule 5 (the Neighbourhood Planning Referendums (Combination of Polls) Rules), in rule 18 (equipment of polling stations) for paragraph (10), substitute—

“(10) In every compartment of every polling station there must be exhibited the notice—

“

””

13.  In Schedule 5, in rule 20 (notification of requirement of secrecy), after paragraph (1) insert—

“(2) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).”

14.  In Schedule 5, in rule 22 (admission to polling station), after paragraph (4) insert—

“(5) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).”

15.  In Schedule 5, in rule 27 (voting procedure), after paragraph (5) insert—

“(5A) A voter or proxy who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter or proxy accordingly.”

16.  In Schedule 5, in rule 37 (the count), after paragraph (5) insert—

“(5A) A postal ballot paper or postal voting statement that reaches the relevant returning or counting officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (5) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.”

17.  In Schedule 5, in the Appendix of Forms—

(a) for Forms 6, 7, 12 and 14 substitute the corresponding forms in Schedule 3 to these Regulations; and

(b) for Forms 8 to 11 and 13 substitute Forms 7 to 10 and 12 in Schedule 1 to these Regulations (but retain the numbering in Schedule 5).

18.—(1) In Schedule 6 (registering to vote in a business referendum)(14), paragraph 23 (emergency change of named voter) is amended as follows.

(2) In sub-paragraph (1)—

(a) omit “a named voter” in the first place those words appear;

(b) at the beginning of paragraphs (a) and (b) insert “a named voter”;

(c) after paragraph (b) insert—

“; or

(c) a business vote holder becomes aware that, as a result of a reason relating to their named voter’s occupation, service or employment, the named voter cannot reasonably be expected to vote in the business referendum in the manner chosen by the named voter,”.

(3) In sub-paragraph (3), after paragraph (b) insert—

“; or

(c) in respect of an application made under sub-paragraph (1)(c), is the evidence described in sub-paragraph (3A).”

(4) After sub-paragraph (3) insert—

“(3A) The evidence referred to in sub-paragraph (3)(c) is—

(a) a statement from the business vote holder that includes—

(i) the name of the named voter’s employer or, if the named voter is self-employed, that fact,

(ii) the reason that the named voter cannot reasonably be expected to vote in the business referendum in the manner chosen by the named voter, and

(iii) the date on which the business vote holder became aware of that reason; and

(b) an attestation—

(i) that is made and signed in accordance with regulation 55A(4), (6) and (7) of the Representation of the People (England and Wales) Regulations 2001, and

(ii) in which the attestor certifies, to the best of their knowledge and belief, that the statements referred to in sub-paragraph (3A)(a)(i) and (ii) are true.”

(5) For sub-paragraph (4) substitute—

“(4) For the purposes of sub-paragraphs (3)(a) and (3A)(b)(i), the provisions of the Representation of the People (England and Wales) Regulations 2001 mentioned in those sub-paragraphs are to have effect as if—

(a) any reference to the applicant was to the named voter, and

(b) any reference to an application was to the application under sub-paragraph (1).”

19.  In Schedule 6, in the Appendix of Forms, for Form 1 (form of invitation to register), Form A (voting registration form) and Form B (voting choices form) substitute the corresponding forms in Schedule 4 to these Regulations.

20.—(1) In Schedule 7 (Neighbourhood Planning Business Referendums Rules)(15), in rule 24 (cancellation of postal ballot papers)—

(a) in paragraph (3), for “paragraph 24(1)” substitute “paragraph 23(1)”; and

(b) in paragraph (4), for “paragraph 26” substitute “paragraph 25”.

(2) In that rule, after paragraph (4) insert—

“(5) The counting officer must keep a list of the postal ballot papers cancelled under this rule, including—

(a) the number of each cancelled postal ballot paper;

(b) the name of the postal voter to whom it was issued;

(c) the name and number on the business voting register of the business vote holder on whose behalf the postal voter would have voted; and

(d) the number of any postal ballot paper issued to any other postal voter on behalf of that business vote holder.”

21.  In Schedule 7, in rule 29 (postal ballot boxes and receptacles) omit paragraph (5)(b).

22.—(1) In Schedule 7, in rule 32 (opening of covering envelopes) omit paragraph (2).

(2) In that rule, for paragraph (4) substitute—

“(4) The procedure in rule 35 applies where a covering envelope (including an envelope described in paragraph (2) of rule 30) contains a postal voting statement.”

(3) In that rule, for paragraph (6) substitute—

“(6) Where a covering envelope does not contain a postal voting statement (whether separately or not) the counting officer must mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.”

23.  In Schedule 7, omit rule 34 (procedure in relation to postal voting statements).

24.—(1) In Schedule 7, in rule 35 (procedure in relation to postal voting statements: personal identifier verification), for paragraph (1) substitute—

“(1) This rule applies in the circumstances described in rule 32(4).”

(2) In that rule, in paragraph (3), after “if there is no such envelope” insert “but there is a ballot paper”.

25.  In Schedule 7, omit rule 36 (postal voting statements: additional personal identifier verification).

26.  In Schedule 7, in rule 38 (retrieval of cancelled postal ballot papers), in paragraph (2)(c), at the end insert “after verification procedure”.

27.  In Schedule 7, in rule 41 (sealing of receptacles), in paragraph (1)—

(a) omit sub-paragraph (b); and

(b) in sub-paragraph (d), for “spoilt and lost” substitute “spoilt, lost and cancelled”.

28.  In Schedule 7, in rule 48 (notification of requirement of secrecy), make the existing provision paragraph (1) and after that paragraph insert—

“(2) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).”

29.  In Schedule 7, in rule 49 (admission to polling station), after paragraph (4) insert—

“(5) In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).”

30.  In Schedule 7, in rule 54 (voting procedure), after paragraph (3) insert—

“(4) A named voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.”

31.—(1) In Schedule 7, in rule 64 (the count), in paragraph (3), for sub-paragraph (d) substitute—

“(d) the counting officer verifies the date of birth and signature of the named voter.”

(2) In that rule, after paragraph (3) insert—

“(3A) A postal ballot paper or postal voting statement that reaches the counting officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (3) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.”

32.  In Schedule 7, in the Appendix of Forms, for Forms 4, 5, and 7 to 9 substitute the corresponding forms in Schedule 5 to these Regulations.

33.—(1) In Schedule 8 (application, with modification, of other Acts and subordinate legislation in respect of business referendums)(16), in table 1 (Representation of the People Act 1983), in the entry for section 49 (effect of registers)—

(a) in the first column, omit “, and (6)”, and

(b) in the second column, omit “In subsection (6) for sub-paragraphs (a) and (b) substitute “the date of the business referendum.””

(2) In that table, in the entry for section 54 (payment of expenses of registration)(17), in the second column, after “under the 1983 Act” insert “or the Electoral Registration and Administration Act 2013”.

Signed by authority of the Lord President of the Council

Greg Clark

Minister of State

Cabinet Office

13th February 2014