The Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2004

Amendment of conduct of referendums regulations

2.—(1) The Local Authorities (Conduct of Referendums) (England) Regulations 2001(1) shall be amended as follows.

(2) In regulation 2(1), insert in the appropriate place in alphabetical order—

“the Combination of Polls Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004(2);

“European Parliamentary election” shall have the same meaning as in section 27(1) of the 1985 Act;

“local government election” shall have the same meaning as in section 203(1) of the 1983 Act (3);

“mayoral election” shall have the same meaning as in the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002(4);

“relevant election or referendum” means one or more of the following—

(i)

another referendum, (including a further referendum);

(ii)

a Parliamentary election(5);

(iii)

a European Parliamentary election;

(iv)

a local government election;

(v)

a mayoral election;

the poll at which is taken together with the poll at the referendum(6).”.

(3) For regulation 15(4), substitute—

“(4) The 1985 Act and the Elections Regulations shall have effect subject to the further modifications provided for in Part I of Schedule 5.

(4A) The Principal Areas Rules shall have effect subject to the modifications set out in Part II of Schedule 5.”

(4) In regulation 16—

(a) in paragraph (6), omit the words “the 1986 Regulations”; and

(b) omit paragraph (8).

(5) For regulation 17(4), substitute—

“(4) Where the poll at a referendum is combined with the poll at another referendum, the Principal Areas Rules, modified as set out in Schedule 3 to those Rules shall have effect in relation to the referendum, subject to the modifications set out in Part II of Schedule 5; and a provision set out in column 1 of that Part and expressed to apply only in the circumstances there mentioned, and any modification shown in column 2 as applicable to any such provision, shall have effect only in those circumstances.”.

(6) Regulations 15(5), (7) and (9), and 16(4), (5) and (7) are revoked.

(7) For Schedule 5, substitute Schedule 5 as set out in the Schedule to these Regulations.

(1)

S.I. 2001/1298.

(2)

S.I. 2004/****.

(3)

Section 203(1) was amended by paragraphs 39(1) and (4) of Schedule 3 to the Greater London Authority Act 1999 (c. 29).

(4)

S.I. 2002/185.

(5)

For the definition of “Parliamentary election” see the Interpretation Act 1978 (c. 30), Schedule 1.

(6)

For provisions as to the combination of polls, see section 36 of the 1983 Act, section 15 of the 1985 Act, the Local Authorities (Mayoral Elections) (England) Regulations 2002 (S.I. 2002/185) and regulation 14 of these Regulations.