Draft Regulations laid before Parliament under section 333(3A) of the Town and Country Planning Act 1990, for approval by resolution of each House of Parliament.
2016 No.
The Neighbourhood Planning (Referendums) (Amendment) Regulations 2016
Made
Coming into force
The Secretary of State, in exercise of the powers conferred by section 333(2A) of, and paragraph 16(1) and (2)(c) of Schedule 4B to, the Town and Country Planning Act 19901 and section 38A(3) of the Planning and Compulsory Purchase Act 20042, makes the following Regulations.
In accordance with paragraph 16(5) of that Schedule, the Secretary of State has consulted the Electoral Commission on these Regulations.
In accordance with section 333(3A) of the 1990 Act3, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.
Citation and commencement1
These Regulations may be cited as the Neighbourhood Planning (Referendums) (Amendment) Regulations 2016 and come into force on 1st October 2016.
Amendments to the Neighbourhood Planning (Referendums) Regulations 20122
After regulation 2 of the Neighbourhood Planning (Referendums) Regulations 20124 insert—
Date by which referendum must be held2A
1
The referendum must be held on or before the date prescribed in paragraph (2).
2
The date prescribed in this paragraph is—
a
where—
i
regulation 10 applies,
ii
regulation 16 applies, or
iii
regulation 17 applies,
the date which is the last day of the period of 84 days beginning with the day immediately following the day on which the decision that the referendum must be held is first published in accordance with paragraph 12(11) of Schedule 4B to the 1990 Act;
b
in all other cases, the date which is the last day of the period of 56 days beginning with the day immediately following the day on which that decision is first published in accordance with that paragraph.
3
Paragraph (1) does not apply where—
a
the local planning authority and the qualifying body agree that the referendum need not be held by the date prescribed in paragraph (2);
b
the poll at the referendum is taken on the same day as another poll in accordance with regulation 11 (whether or not the polls are taken together), provided that day is no later than the date 65 days from the date prescribed in paragraph (2);
c
proceedings for questioning the decision that the referendum must be held have been brought in accordance with section 61N(2) of the 1990 Act5 before the date prescribed in paragraph (2).
4
The days mentioned in paragraph (5) are to be disregarded in calculating any date referred to in this regulation.
5
The days mentioned in this paragraph are—
a
a Saturday or Sunday,
b
Christmas Eve, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 19716 in England, and
c
any day appointed as a day of public thanksgiving or mourning in England.
Signed by authority of the Secretary of State for Communities and Local Government
(This note is not part of these Regulations)