SCHEDULES

[F1SCHEDULE 4BE+WProcess for making of neighbourhood development orders

Textual Amendments

F1Sch. 4B inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 116(2), 240(5)(j), Sch. 10; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

Modifications etc. (not altering text)

C1Sch. 4B applied (with modifications) by 2004 c. 5, s. 38A(3) 38C(5) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2)

ReferendumE+W

14(1)This paragraph makes provision in relation to a referendum that, as a result of paragraph 12(4), must be held on the making of a neighbourhood development order.E+W

(2)A relevant council must make arrangements for the referendum to take place in so much of their area as falls within the area (“the referendum area”) in which the referendum is to take place (as determined under paragraph 12(7) and (8)).

(3) A “ relevant council ” means—

(a)a district council,

(b)a London borough council,

(c)a metropolitan district council, or

(d)a county council in relation to any area in England for which there is no district council.

(4)A person is entitled to vote in the referendum if on the prescribed date—

(a)the person is entitled to vote in an election of any councillors of a relevant council any of whose area is in the referendum area, and

(b)the person's qualifying address for the election is in the referendum area.

(5)Sub-paragraph (4) does not apply in relation to so much of the referendum area as falls within the City of London.

(6)In that case a person is entitled to vote in the referendum if on the prescribed date—

(a)the person is entitled to vote in an Authority election, and

(b)the person's qualifying address for the election is in the City of London.

(7)For the purposes of this paragraph—

(a) “ Authority election ” has the same meaning as in the Representation of the People Act 1983 (see section 203(1)),

(b)the Inner Temple and the Middle Temple are to be treated as forming part of the City of London, and

(c) “ qualifying address ” has the same meaning as in the Representation of the People Act 1983 (see section 9).

15(1)The additional referendum mentioned in paragraph 12(4) must be held on the making of a neighbourhood development order if the draft order relates to a neighbourhood area that has been designated as a business area under section 61H.E+W

(2)Sub-paragraph (2) of paragraph 14 is to apply in relation to the additional referendum as it applies in relation to a referendum under that paragraph.

(3)A person is entitled to vote in the additional referendum if on the prescribed date—

(a)the person is a non-domestic ratepayer in the referendum area, or

(b)the person meets such other conditions as may be prescribed.

(4) “ Non-domestic ratepayer ” has the same meaning as in Part 4 of the Local Government Act 2003 (see section 59(1)).

(5)Regulations may make provision for excluding a person's entitlement to vote in the additional referendum.

16(1)[F2The Secretary of State or the Lord President of the Council may by regulations] make provision about referendums held under paragraph 14 or 15.E+W

(2)The regulations may in particular make provision—

(a)dealing with any case where there are two or more relevant councils any of whose areas fall within the referendum area,

(b)for only one relevant council to be subject to the duty to make arrangements for the referendum in a case within paragraph (a),

(c)prescribing a date by which the referendum must be held or before which it cannot be held,

(d)as to the question to be asked in the referendum and any explanatory material in relation to that question (including provision conferring power on a local planning authority to set the question and provide that material),

(e)as to the publicity to be given in connection with the referendum,

(f)about the limitation of expenditure in connection with the referendum,

(g)as to the conduct of the referendum,

(h)as to when, where and how voting in the referendum is to take place,

(i)as to how the votes cast are to be counted,

(j)about certification as to the number of persons voting in the referendum and as to the number of those persons voting in favour of a neighbourhood development order, and

(k)about the combination of polls at a referendum held under paragraph 14 or 15 with polls at another referendum or at any election.

(3)The regulations may apply or incorporate, with or without modifications, any provision made by or under any enactment relating to elections or referendums.

(4)But where the regulations apply or incorporate (with or without modifications) any provision that creates an offence, the regulations may not impose a penalty greater than is provided for in respect of that provision.

(5)Before making the regulations, the Secretary of State [F3or the Lord President of the Council] must consult the Electoral Commission.

(6) In this paragraph “ enactment ” means an enactment, whenever passed or made. ]

Textual Amendments

Modifications etc. (not altering text)

C2Sch. 4B para. 16 functions made excercisable concurrently (6.11.2013) by The Transfer of Functions (Elections and Referendums) Order 2013 (S.I. 2013/2597), arts. 1(2), 2(a) (with art. 3)