In these Regulations—

• “the 1983 Act” means the Representation of the People Act 1983 M1;

• “the 1990 Act” means the Town and Country Planning Act 1990;

• “the 2004 Act” means the Planning and Compulsory Purchase Act 2004;

• “counting observer” means the person appointed to that position under rule 19 of the Neighbourhood Planning Referendums Rules or rule 19 of the Neighbourhood Planning Referendums (Combination of Polls) Rules;

• “counting officer” means the person referred to in regulation 9;

• “electoral area” has the meaning given in section 203(1) of the 1983 Act M2;

• “European Parliamentary election” must be construed in accordance with section 27(1) of the Representation of the People Act 1985 M3

• “GLA election” means the election of a Mayor of London or a member of the London Assembly in accordance with Part 1 of the Greater London Authority Act 1999 M4;

• “local government election” means the election of a councillor for any electoral area;

• “local referendum” means—

  1. a

     a referendum under Part 1A of the Local Government Act 2000 (local authority governance in England);

  2. b

     a referendum under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992 (council tax increases);

• “mayoral election” means the election for the return of an elected mayor as defined by section 9H of the Local Government Act 2000 M5;

• “neighbourhood plan” means a neighbourhood development plan as defined in section 38A of the 2004 Act;

• “police and crime commissioner election” means the election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 M6;

• “polling observer” means the person appointed to that position under rule 19 of the Neighbourhood Planning Referendums Rules or rule 19 of the Neighbourhood Planning Referendums (Combination of Polls) Rules;

• “proper officer” must be construed in accordance with section 270(3) of the Local Government Act 1972 M7;

• “referendum”, except in the definition “local referendum”, means a referendum required to be held as a result of paragraph 12(4) of Schedule 4B, or paragraph 10(3) of Schedule 4C, to the 1990 Act;

• “referendum period” means the period beginning with the date on which the information statement and documents required to be published by regulation 4(1) are published and ending on the date on which the referendum is held; and

• “relevant election” means—

  1. a

     a Parliamentary election;

  2. b

     a European Parliamentary election;

  3. c

     a GLA election;

  4. d

     a local government election;

  5. e

     a local referendum;

  6. f

     a mayoral election;

  7. g

     a police and crime commissioner election.

A reference in these Regulations to a neighbourhood development order includes a community right to build order except in so far as the contrary intention appears M8.

The information statement and the specified documents published in accordance with paragraph (1) must, as far as reasonably practicable, remain available throughout the referendum period in the form in which they were originally published.

The days mentioned in paragraph (5) are to be disregarded in calculating the period of 28 days referred to in paragraph (1).

In this regulation “publish” means make available to the public, or to any section of the public, in whatever form and by whatever means (including, in particular, by inclusion in any programme included in a programme service within the meaning of the Broadcasting Act 1990) M11; and “publication” is to be construed accordingly.

In this regulation and in regulation 7—

• “campaign organiser” means an individual or body by whom, or on whose behalf, referendum expenses are incurred (including expenses treated as incurred) in connection with a referendum campaign;

• “referendum campaign” means a campaign conducted with a view to promoting or procuring a particular outcome in relation to the question to be asked in a referendum;

• “referendum expenses” means the expenses incurred by or on behalf of any individual or body during the referendum period for referendum purposes in respect of any of the matters set out in paragraphs 1 to 7 of Schedule 2, as read in accordance with paragraph 8 of that Schedule;

• “referendum expenses limit” is calculated using the formula—

  $\pounds 2,362+\left(0.059xN\right)$

  where N is number of entries in the relevant register;

• “for referendum purposes” means—

  1. a

     in connection with the conduct or management of any campaign conducted with a view to promoting or procuring a particular result in the referendum, or

  2. b

     otherwise in connection with promoting or procuring any such outcome;

• “relevant register” means the part or parts of the register or registers of local government electors published under section 13 of the 1983 Act M12 after the conclusion of the canvass conducted under section 10 of that Act in the year immediately preceding that in which the referendum is held, which has or have effect in respect of the referendum area (whether or not the persons to whom these entries relate are entitled to vote in the referendum).

The total referendum expenses incurred or, in accordance with regulation 7, treated as incurred, by, or on behalf of, a campaign organiser must not exceed the referendum expenses limit.

Where any referendum expenses are incurred in excess of the referendum expenses limit, a person who knew or ought reasonably to have known that that limit would be exceeded, or who, without reasonable excuse, authorises another person to exceed that limit, is guilty of an offence.

Where an offence under paragraph (3) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any other person purporting to act in such capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished accordingly.

In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 M13, the reference in paragraph (5)(a) to 12 months is to be read as a reference to 6 months.

Where information is given to the Director of Public Prosecutions (“the DPP”) that an offence under paragraph (3) has been committed, it is the DPP's duty to make such inquiries and institute such prosecutions as the circumstances of the case appear to the DPP to require.

Nothing in paragraph (2) affects the right of any creditor who, when the expenses were incurred, was ignorant of that expense being in contravention of that paragraph.

Subject to paragraph (5), where this regulation applies, an amount of referendum expenses determined in accordance with paragraph (3) is, unless it is not more than £200, to be treated for the purposes of regulation 6 as incurred by that person for the period for which the property, services or facilities is or are made use of as mentioned in paragraph (1).

Where the services of an employee are made available by that employee's employer for the use or benefit of a person, the amount which is to be taken as constituting the commercial rate for the provision of those services is the amount of the remuneration or allowances payable to the employee by the employer in respect of the period for which the employee's services are made available (but that amount is not to include any amount in respect of contributions or other payments for which the employer is liable in respect of that employee).

No amount of referendum expenses is to be regarded as incurred by virtue of paragraph (2) in respect of the provision by any individual of the individual's own services which the individual provides voluntarily in that individual's own time and free of charge.

This regulation applies, in relation to the referendum, where the poll is not taken together with the poll at a relevant election.

The referendum is to be conducted in accordance with the Neighbourhood Planning Referendums Rules (set out in Schedule 3).

Where the relevant council is not the Common Council of the City of London, functions conferred by these Regulations on the counting officer are to be exercised in the referendum area by the person who is for the time being the returning officer at local government elections in which the referendum area is situated under section 35(1) or (3) of the 1983 Act M15.

Where the relevant council is the Common Council of the City of London, functions conferred by these Regulations on the counting officer are to be exercised by the person who is for the time being appointed by the Common Council to act as the counting officer of the referendum.

It is the counting officer's general duty at the referendum to do all such acts and things as may be necessary for effectually conducting the referendum in the manner provided by these Regulations.

The counting officer must also appoint and pay any such persons as may be necessary for the purpose of the counting of the votes.

This regulation applies where the referendum area comprises any part of the area of more than one relevant council.

Where under these Regulations a proper officer is required to publish any notice or document, that notice or document must be published in the same manner and on the same date in respect of each relevant council.

Where paragraph (2) applies, the decision as to the manner and date of the publicity required is to be made by the proper officers of the relevant councils jointly or, if they cannot agree, by the proper officer of the relevant council in whose portion of the referendum area the greater or greatest (as the case may be) number of local government electors is registered.

The Chief Counting Officer may give, to a counting officer, directions relating to the discharge of the counting officer's functions at the referendum, including directions requiring the provision to the Chief Counting Officer of any information which the counting officer has or is entitled to have and directions requiring them to take specified steps in preparation for the referendum.

It is the duty of a counting officer to whom directions are given under paragraph (5) to discharge that counting officer's functions at the referendum in accordance with the directions.

Where the poll at a referendum would be taken on a day that falls within the period beginning 28 days before the day on which the poll is to be taken at a relevant election, the poll at the referendum may be taken on the day on which the poll is to be taken at the relevant election and the polls may be taken together if the returning officer or counting officer for the relevant election and the counting officer for the referendum think fit.

Where the poll at a referendum would be taken on a day that falls within the period beginning 28 days before the day on which the poll is to be taken at another referendum, the poll at both referendums may be taken on the same day and the polls may be taken together if the counting officer thinks fit.

The cost of taking the combined polls (excluding any cost solely attributable to one election or referendum) and any cost attributable to their combination are to be apportioned equally among the elections or referendums.

This regulation applies, in relation to the referendum, where polls are taken together in accordance with regulation 11.

The poll at the referendum is to be conducted in accordance with the Neighbourhood Planning Referendums (Combination of Polls) Rules (set out in Schedule 5).

The enactments mentioned in Part 2 of Schedule 4 have effect, in relation to the referendum, subject to the modifications specified in that Part.

Where the polls at a relevant election are held on the same day as the referendum, a person who is entitled to vote at the referendum is to be treated as being entitled to vote by post, or to vote by proxy, at the referendum where that person is entitled under the absent voter legislation to vote by post, or to vote by proxy, at the relevant election.

This regulation applies, in relation to the relevant election, where polls are taken together in accordance with regulation 11.