The Neighbourhood Planning (Referendums) Regulations 2012

General restriction on referendum expensesE+W

This section has no associated Explanatory Memorandum

6.—(1) 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;

[F1“initial registration list” means the information provided by a billing authority to a business registration officer in accordance with paragraph 13 of Schedule 6 and includes any corrections or alterations made to it in accordance with the provisions of that Schedule;]

“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—

[F2where N is—

(a)

if regulation 17 does not apply, the number of entries in the relevant register;

(b)

if regulation 17 applies, the sum of the number of entries in the relevant register and the number of rate-payers on the initial registration list;]

“for referendum purposes” means—

(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

(b)

otherwise in connection with promoting or procuring any such outcome;

[F3“relevant register” means the part or parts of the register or registers of local government electors kept in accordance with section 9(1) of the 1983 Act which has or have effect in respect of the referendum area on the day on which the referendum period begins (whether or not the persons to whom the entries relate are entitled to vote in the referendum).]

(2) 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.

(3) 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.

(4) 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.

(5) A person who commits an offence under paragraph (3) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding [F4the general limit in a magistrates’ court] or both, or

(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding 12 months or both.

(6) In relation to an offence committed before [F52nd May 2022], the reference in paragraph (5)(a) to [F6the general limit in a magistrates’ court] is to be read as a reference to 6 months.

(7) 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.

(8) 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.

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