Provision | Modification |
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Regulation 3 (interpretation) | [In paragraph (1), for the definition of “relevant absent voting application” substitute—
“relevant absent voting application” means an application (including a partially completed application) under paragraph 3, 4 or 6 of Schedule 4 to the Representation of the People Act 2000 as applied by the Neighbourhood Planning (Referendums) Regulations 2012;]
At the end of paragraph (2)(b) insert—
(c) in the case of a referendum under Schedule 4B to the Town and Country Planning Act 1990, the corresponding rule in the Neighbourhood Planning Referendums Rules or the Neighbourhood Planning Referendums (Combination of Polls) Rules, as the case may be.”.
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[Regulation 4(1)(b) (forms) and, in so far as it gives effect to [Forms E1] and [K1] in Schedule 3, Regulation 4(2)] | |
Regulation 5 (communication of applications, notices, etc) | |
Regulation 6 (electronic signatures and related certificates) | |
Regulation 7 (copies of documents) | |
Regulation 8 (time) | |
Regulation 11 (interference with notices) | |
Regulation 50 (interpretation of Part 4) | |
Regulation 51 (general requirements for an absent vote) | In paragraph (2)(c) for “the elector for whom he will act as proxy and the elector's” substitute
“the voter for whom he will act as proxy and the voter's”.
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| For paragraph (4)(b) substitute—
“(b) whether it is made for all or any of parliamentary elections, local government elections or referendums.”.
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| (a) after “election”, in each place, insert “ or referendum ”, and
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Regulation 51A (additional provision concerning the requirement that an application for an absent vote must be signed by the applicant) | |
Regulation 51AA (additional requirement for applications for ballot papers to be sent to different address from that stated in the application) | |
Regulation 51B (additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6) of Schedule 4) | |
Regulation 52 (additional requirements for applications for the appointment of a proxy) | [In paragraphs (A1), (1A)(a) and (2), after “local government election” insert “or referendum”.]
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Regulation 55 (additional requirements for applications for a proxy vote in respect of a particular election) | |
[Regulation 55A (additional requirements for applications for an emergency proxy vote in respect of a particular election) [: grounds relating to occupation, service or employment]] | |
[Regulation 55B (additional requirements for application for an emergency proxy vote in respect of a particular [parliamentary election or local government election in England]: grounds relating to voter identification)] | |
[Regulation 56 (closing dates for applications) | In paragraphs (1) to (3A), after “election” in each place insert “or referendum”.
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In paragraph (3D), after “election” in the second and third places it occurs insert “or referendum”.
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[In paragraph (3F)(a), after “election” in each place it occurs insert “or referendum”.]
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In paragraphs (4) to (5A) and (7)(b), after “election” in each place insert “or referendum”.
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Regulation 56A (grounds relating to voter identification) | In paragraph (3)—
in sub-paragraph (a), after “election” in the second place it occurs insert “or referendum”;
in sub-paragraph (b)(i) and (ii), after “election” insert “or referendum”.
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In paragraph (6)—
in sub-paragraph (a), after “election” in the second place it occurs insert “or referendum”;
in sub-paragraph (b), after “election” in the first place it occurs insert “or referendum”.]
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[Regulation 56B (verification of information provided in a relevant absent voting application) | |
Regulation 56C (power to request additional evidence in relation to relevant absent voting applications where registration officer considers it necessary) | |
Regulation 56D (processing of information provided in connection with a relevant absent voting application) | |
Regulation 57 (grant or refusal of applications) | [“ In paragraph (3A)(b)—
(a)after “election” insert “or referendum”;
(b)after “elections” insert “or referendums”.
In paragraph (5) after “election” insert “or referendum”.
In paragraph (7), after “local government election” insert “or referendum”.”]
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Regulation 58 (notice of appeal) | |
Regulation 59 (cancellation of proxy appointment) | |
[Regulation 60B (requirement to provide fresh signatures following rejection of a postal voting statement)] | |
Regulation 61B | In paragraph (3)(a) for “any candidate or agent” substitute “ those ”.
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[Regulation 61C (notification of a rejected postal voting statement [or document] )] | |
Regulation 62 (marked register for polling stations) | |
Regulation 64 (interpretation of Part 5) | Omit the definition of “agent”. |
Regulation 65 (combination of polls) | For regulation 65 substitute—
“65 Where the polls at elections or referendums are taken together under—
(a) section 15(1), (2) or (3AA) of the 1985 Act (combination of polls at parliamentary... and local government elections),
(b) section 36(3) or (3AB) of the 1983 Act (combination of polls at local elections), or
(c) regulation 11 of the Neighbourhood Planning (Referendums) Regulations 2012,
the proceedings at the issue and receipt of postal ballot papers may, if the returning and counting officers concerned agree, be taken together.”.
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Regulation 66 (form of postal voting statement) | Omit paragraph (a). |
[Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers)] | |
Regulation 68 (persons entitled to be present at proceedings on the receipt of postal ballot papers) | Where the proceedings for the issue and receipt of postal ballot papers for a referendum under Schedule 4B to the Town and Country Planning Act 1990 are not taken together with the proceedings for the issue and receipt of postal ballot papers in one or more relevant election in accordance with regulation 65 of the Representation of the People (England and Wales) Regulations 2001 as applied by these Regulations, regulation 68 has effect in relation to the referendum as follows: |
| For paragraphs (a) to (d) substitute—
“(a) the counting officer and that officer's clerks,
(b) persons who by virtue of rule 36(2)(a) to (c) of the Neighbourhood Planning Referendums Rules or rule 36(3)(a) to (c) of the Neighbourhood Planning Referendums (Combination of Polls) Rules, as the case may be, are entitled to attend at the counting of the votes.”.
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| Where the proceedings for the issue and receipt of postal ballot papers for a referendum under Schedule 4B to the Town and Country Planning Act 1990 are taken together with the proceedings for the issue and receipt of postal ballot papers at one or more relevant elections in accordance with regulation 65 of the Representation of the People (England and Wales) Regulations 2001 as applied by these Regulations, regulation 68 has effect in relation to the referendum and each of the relevant elections as follows:
After paragraph (d) insert—
“(e) the counting officer and that officer's clerks,
(f) persons who by virtue of rule 36(2)(a) to (c) of the Neighbourhood Planning Referendums Rules or rule 36(3)(a) to (c) of the Neighbourhood Planning Referendums (Combination of Polls) Rules, as the case may be, are entitled to attend at the counting of the votes,
(g) persons who by virtue of rule 35(2)(a) to (d) of the Local Government Finance Act Referendums Rules or rule 37(3)(a) to (d) of the Local Government Finance Act Referendums (Combination of Polls) Rules, as the case may be, are entitled to attend at the counting of the votes,
(h) persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules, as the case may be, are entitled to attend at the counting of the votes.”.
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Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) | In paragraph (8) for “candidates or their agents” substitute “ persons entitled to be present by virtue of regulation 68 ”.
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| Where the proceedings for the issue and receipt of postal ballot papers for a referendum under Schedule 4B to the Town and Country Planning Act 1990 are not taken together with the proceedings for the issue and receipt of postal ballot papers in one or more relevant election in accordance with regulation 65 of the Representation of the People (England and Wales) Regulations 2001 as applied by these Regulations, regulation 69 has effect in relation to the referendum as follows: |
| Omit paragraphs (1) to (7). |
| Where the proceedings for the issue and receipt of postal ballot papers for a referendum under Schedule 4B to the Town and Country Planning Act 1990 are taken together with the proceedings for the issue and receipt of postal ballot papers at one or more relevant elections in accordance with regulation 65 of the Representation of the People (England and Wales) Regulations 2001 as applied by these Regulations, regulation 69 has effect in relation to the referendum and each of the relevant elections as follows:
For paragraph (3) substitute—
“(3) Where postal ballot papers for more than one election or referendum are issued together by virtue of regulation 65, the references to the returning officer in paragraphs (2), (4) and (5) must be construed as references to the returning or counting officer who issues the postal ballot papers.”.
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Regulation 70 (notification of requirement of secrecy) | |
Regulation 71 (time when postal ballot papers are to be issued) | |
Regulation 72 (procedure on issue of postal ballot paper) | In paragraph (5) after “one election” insert “ or referendum, or for an election combined with a referendum, ”.
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| (a) after “elections” insert “ and referendums ”, and
(b) after “election” insert “ or referendum ”.
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| In paragraph (6) for “the poll at one election is taken with the poll at another election” substitute “ polls are taken together ”.
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Regulation 73 (refusal to issue postal ballot paper) | |
Regulation 74 (envelopes) | |
Regulation 75 (sealing up of completed corresponding number lists and security of special lists) | |
Regulation 76 (delivery of postal ballot papers) | |
Regulation 77 (spoilt postal ballot papers) | In paragraph (2)(b) for “election” substitute “ poll ”.
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Regulation 78 (lost postal ballot papers) | In paragraph (2A)(b) for “election” substitute “ poll ”.
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[Regulation 78A (cancellation of postal ballot papers) | In paragraph (1), for “after the final nomination day at a parliamentary or local government election” substitute “during the referendum period in respect of a referendum”.
Omit paragraph (5).]
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[Regulation 79 (alternative means of returning postal ballot paper or postal voting statement) | In paragraph (5) after “polling agents” insert “ or polling observers (if any) ”.
After paragraph (5) insert-
“(5A) For the purpose of paragraph (5), in relation to a referendum under Schedule 4B to the Town and Country Planning Act 1990, “polling observer” has the meaning given in regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012.”.]
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[Regulation 79(2A), (2B), (4) and (4A) (alternative means of returning postal ballot paper or postal voting statement) | In paragraph (4A) for “polling agents” substitute “polling observers (if any)”.
After paragraph (4A) insert—
“(4B) For the purpose of paragraph (4A), in relation to a referendum under Schedule 4B to the Town and Country Planning Act 1990, “polling observer” has the meaning given in regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012”.
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Regulation 79A (requirements of return of postal voting documents form) | |
Regulation 79B (rejection of postal voting documents handed in at a polling station | |
Regulation 79C (procedure for dealing with rejected postal voting documents handed in at a polling station) | In paragraph (2) for “polling agents” substitute “polling observers (if any)”.
After paragraph (4) insert—
“(5) for the purpose of paragraph (2), in relation to a referendum under Schedule 4B to the Town and Country Planning Act 1990, “polling observer” has the meaning given in regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012.”.
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Regulation 79D (postal voting documents left behind at a polling polling station)] | |
Regulation 80 (notice of opening of postal ballot paper envelopes) | Where the proceedings for the issue and receipt of postal ballot papers for a referendum are not taken together with the proceedings for the issue and receipt of postal ballot papers in one or more relevant election in accordance with regulation 65 of the Representation of the People (England and Wales) Regulations 2001 as applied by these Regulations, regulation 80 has effect in relation to the referendum as follows: |
| In paragraph (1) for “each candidate” substitute “ those persons who by virtue of rule 36(2)(a) to (c) of the Neighbourhood Planning Referendums Rules or rule 36(3)(a) to (c) of the Neighbourhood Planning Referendums (Combination of Polls) Rules, as the case may be, are entitled to attend at the counting of the votes ”.
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| Omit paragraph (2)(b). |
| Where the proceedings for the issue and receipt of postal ballot papers for a referendum are taken together with the proceedings for the issue and receipt of postal ballot papers at one or more relevant elections in accordance with regulation 65 of the Representation of the People (England and Wales) Regulations 2001 as applied by these Regulations, regulation 80 has effect in relation to the referendum and each of the relevant elections as follows: |
| For paragraph (1) substitute—
“(1) The counting officer shall give to those persons who by virtue of rule 36(2)(a) to (c) of the Neighbourhood Planning Referendums Rules or rule 36(3)(a) to (c) of the Neighbourhood Planning Referendums (Combination of Polls) Rules, as the case may be, are entitled to attend at the counting of the votes and the other persons entitled to attend the opening of postal votes, not less than 48 hours' notice in writing of each occasion on which a postal voters' ballot box and the envelopes contained in it is to be opened.
(1A) For the purposes of paragraph (1) the other person entitled to attend the opening of postal votes are—
(a) where the proceedings for the issue and receipt of postal ballot papers are taken together with the poll at an election, each candidate, or
(b) where the proceedings for the issue and receipt of postal ballot papers are taken together with the poll at a Local Government Finance Act referendum, persons who by virtue of rule 35(2)(a) to (d) of the Local Government Finance Act Referendums Rules or rule 37(3)(a) to (d) of the Local Government Finance Act Referendums (Combination of Polls) Rules, as the case may be, are entitled to attend at the counting of the votes,
(c) where the proceedings for the issue and receipt of postal ballot papers are taken together with the poll at a Local Government Act referendum, persons who by virtue of rule 35(2)(a) to (e) of the Local Government Act Referendums Rules or rule 37(3)(a) to (e) of the Local Government Act Referendums (Combination of Polls) Rules, as the case may be, are entitled to attend at the counting of the votes.”.
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Regulation 81 (postal ballot boxes and receptacles) | In paragraphs (3) and (4) for “the agents” substitute “ those ”.
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[Regulation 82 (receipt of covering envelope)] | |
[Regulation 82A (postal voting documents handed in to the returning officer) | In paragraph (1), for the words from “in accordance with” to the end substitute “in accordance with rule 37(4)(a) of the Neighbourhood Planning Referendums Rules or rule 37(6)(a) of the Neighbourhood Planning Referendums (Combination of Polls) Rules”. |
Regulation 82B (rejection of postal voting documents handed in to the returning officer) | |
Regulation 82C (procedure for dealing with rejected postal voting documents handed in to the returning officer) | |
Regulation 82D (postal voting documents left behind with the returning officer) | |
Regulation 82E (opening of delivered or collected packets of postal voting documents)] | |
Regulation 83 (opening of postal voters' ballot box) | In paragraph (1) for “the agents” substitute “ such of those who are entitled to attend as are present ”.
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[Regulation 84 (opening of covering envelopes)] | |
[Regulation 84A (confirming receipt of postal voting statements)] | |
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Regulation 85A (procedure in relation to postal voting statements: personal identifier verification) | In paragraph (4) for “agents” substitute “ counting observers or agents or both (as the case may be) ”.
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[Regulation 86 (opening of ballot paper envelopes)] | |
Regulation 86A (retrieval of cancelled postal ballot papers) | In paragraph (2)(b) and (f) for “agents” substitute “ counting observers or agents or both (as the case may be) ”.
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[Regulation 87 (lists of rejected postal ballot papers [or postal voting documents])] | |
[Regulation 88 (checking of lists kept under regulation 87)] | |
[Regulation 89 (sealing of receptacles)] | |
Regulation 91 (forwarding of documents) | In paragraph (1) for “constituency or electoral area (or areas)” substitute “ neighbourhood area ”.
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| [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.]
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Regulation 98 (supply of free copy of full register for electoral purposes and restrictions on use | After paragraph (8) insert—
“(8A) Where a registration officer is not the counting officer for a referendum held wholly or partly within the registration officer's registration area, the registration officer shall supply, free of charge, to the counting officer for that referendum, as many printed copies of the documents referred to in paragraph (4)(a) and (b) above as the counting officer may reasonably require for the purposes of such a referendum, together with one copy of each in data form.”.
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| In paragraph (9) after “election” insert “ or referendum ”.
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[Regulation 116 (interpretation of Part 7)] | |
[Regulation 118 (inspection of documents open to public inspection)] | |
[Regulation 119 (conditions on the use, supply and disclosure of documents open to public inspection)] | |
In Schedule 3, [Form E1] | After “REPRESENTATION OF THE PEOPLE ACTS” insert “ *[NEIGHBOURHOOD PLANNING REFERENDUM FOR [insert name of neighbourhood area]] ”.
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| [After “Local government electoral area(s)” insert “ Neighbourhood area… ”]
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| [After the words “*[local government] election” in both places where they occur, insert “ *[referendum] ”].
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| [After the words “*[electoral area], in both places where they occur, insert “*[neighbourhood area]].
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[In Schedule 3, [Form K1] | For “Representation of the People Acts” substitute “Neighbourhood Planning (Referendums) Regulations”.
For “Parliamentary Election” substitute “Neighbourhood Planning Referendum”.]]
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