The Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020

Application of regulations 3 to 5 to business referendums E+W

6.—(1) This regulation applies to a referendum, the poll for which was to be conducted in accordance with Schedule 7 to the 2012 Regulations (the business referendums rules), where—

(a) a notice of the referendum was required to be published on or before 6th April 2020, and

(b) the poll for that referendum was not held on the date required to be stated in that notice as a result of the Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020.

(2) Regulations 3 to 5 apply to a referendum to which this regulation applies as they apply to a relevant referendum, subject to the following modifications.

(3) Regulation 3(5) is to be read as if the reference to regulation 84A of the 2001 Regulations were a reference to rule 33 of Part 5 of Schedule 7 to the 2012 Regulations.

(4) Regulation 4 is to be read as if—

(a) a reference to Part 5 of the 2001 Regulations were a reference to Part 5 of Schedule 7 to the 2012 Regulations;

(b) in paragraph (1)(b)(iii), at the end there were inserted “referred to in rule 29(1)(b) of Schedule 7 to the 2012 Regulations”;

(c) in paragraph (4)—

(i) in sub-paragraph (a)—

(aa) in paragraph (iv), the reference to regulation 77(8), 78(4) or 78A(3) of the 2001 Regulations were a reference to rule 25(7), 26(9) or 24(5) of Schedule 7 to the 2012 Regulations;

(bb) in paragraphs (v) and (vi), for “(verification procedure)” there were substituted “after verification procedure”;

(cc) for paragraph (viii) there were substituted—

“(viii) any copy of the business voting register marked in accordance with rule 20(2) of Schedule 7 to the 2012 Regulations;”;

(ii) in sub-paragraph (b)—

(aa) in paragraph (i), the reference to regulations 75(1), 77(6), 78(2C) and 78A(2)(c) of the 2001 Regulations were a reference to rules 22(1), 24(1) and (3), 25(6), 26(8) and 32(10) of Schedule 7 to the 2012 Regulations;

(bb) paragraph (ii) were omitted;

(d) in paragraph (5), for sub-paragraph (d) there were substituted—

“(d) the words “neighbourhood planning business referendum” and the name of the neighbourhood area to which the business referendum relates.”;

(e) in paragraph (6), “or (5), as the case may be,” were omitted;

(f) for paragraph (7) there were substituted—

“(7) In paragraph (6), the reference to subsection (4) of section 36 of the 1983 Act is to that section as applied by regulation 17(5) of, and Schedule 8 to, the 2012 Regulations.”;

(g) in paragraph (8), the definitions of “electoral area”, “postal voters list”, “proxy postal voters list” and “relevant council” were omitted.

(5) Regulation 5 is to be read as if—

(a) in paragraph (2), “and (b)(ii)” were omitted;

(b) for paragraph (3) there were substituted—

“(3) Paragraphs (2) to (8) of rule 72 of Schedule 7 to the 2012 Regulations apply to an order described in paragraph (2) as they apply to an order under rule 72, subject to the modification that a reference in those paragraphs to counted ballot papers is to be read as if it were a reference to the documents described in regulation 4(4)(a)(i) to (iii) and (v) to (vii).”;

(c) for paragraph (5) there were substituted—

“(5) In paragraph (4), references to section 176 of the 1983 Act are to that section as applied by regulation 17(5) of, and Schedule 8 to, the 2012 Regulations.”;

(d) after paragraph (6) there were inserted—

“(7) In paragraph (6), the reference to section 54 of the 1983 Act is to that section as applied by regulation 17(5) of, and Schedule 8 to, the 2012 Regulations.”.

Commencement Information

I1 Reg. 6 in force at 22.9.2020, see reg. 1(2)