The Neighbourhood Planning (Referendums) Regulations 2012

Interpretation E+W

2.—(1) 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;

[F1 “business referendum” means the additional referendum referred to in paragraph 15 of Schedule 4B to the 1990 Act;]

“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 ;

F2 ...

“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 M3 ;

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

“local referendum” means—

(a)

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

(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 M4 ;

“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 M5 ;

“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 M6 ;

“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—

(a)

a Parliamentary election;

(b)

F2 ...

(c)

a GLA election;

(d)

a local government election;

(e)

a local referendum;

(f)

a mayoral election;

(g)

a police and crime commissioner election;

[F3 “residential referendum” means the referendum referred to in paragraph 14(2) of Schedule 4B to the 1990 Act.]

(2) 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 M7 .

Textual Amendments

F1 Words in reg. 2 inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 3(a)

F2 Words in reg. 2 revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 Table 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))

F3 Words in reg. 2 inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 3(b)

Marginal Citations

M1 1983 c. 2.

M2 1983 c.2. The definition of “electoral area” was substituted by paragraph 71 of Schedule 4 to the Representation of the People Act 1985 (c.50) and amended by paragraph 39 of Schedule 3 to the Greater London Authority Act 1999 (c.29).

M3 1999 c.29.

M4 2000 c.22. Section 9H was inserted by section 21 of the Localism Act 2011 (c.20).

M5 2011 c.13.

M6 1972 c.70.

M7 “Neighbourhood development order” is defined in section 61E of the 1990 and “community right to build order is defined in section 61Q of, and Schedule 4C to, the 1990 Act (sections 61E and G were inserted by paragraph 2 of Schedule 9, and Schedule 4C was inserted by Schedule 11 to the Localism Act 2011 (c.20)).