F1SCHEDULE 4BProcess for making of neighbourhood development orders
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.
(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.