The Neighbourhood Planning (Referendums) Regulations 2012

[F1 PART 1 E+W General

Textual Amendments

F1 Sch. 6 inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 1

Interpretation E+W

1.   In this Schedule—

“billing authority” has the same meaning as in section 1(2) of the Local Government Finance Act 1992;

“business registration officer” where the referendum area falls within the area of one relevant council means the registration officer of the relevant council as appointed under section 8 of the 1983 Act, and where the referendum area comprises any part of the area of more than one relevant council, means the registration 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;

“business vote holder” means a person who is, or appears to the business registration officer to be likely to be, entitled to be registered to vote in the business referendum;

“business voting register” means the register compiled under paragraph 15 and includes any additions, updates, corrections or alterations made to it in accordance with the provisions of this Schedule;

“citizen of the European Union” has the same meaning as in Article 20 on the Treaty of the Functioning of the European Union;

“hereditament” has the same meaning as in section 64 of the Local Government Finance Act 1988;

“identifier record” means a record kept under paragraph 16 and includes any corrections or alterations made to it in accordance with the provisions of this Schedule;

“initial registration list” means the information provided by a billing authority to a business registration officer in accordance with paragraph 8 and includes any additions, updates, corrections or alterations made to it in accordance with the provisions of this Schedule;

“invitation to register” has the meaning given in paragraph 10(1);

“named voter” means an individual voting on behalf of a business vote holder as described in paragraph 6, and references to the named voter include the business vote holder where they are the same person;

“qualifying citizen” means a qualifying Commonwealth citizen, a citizen of the Republic of Ireland or a citizen of the European Union;

“qualifying Commonwealth citizen” has the same meaning as in section 4 of the 1983 Act;

“registration response form” has the meaning given in paragraph 10(6);

“relative” means a spouse, civil partner, parent, grandparent, brother, sister, child, or grandchild and reference to a person being related to another is construed accordingly;

“voters list” means the list kept under paragraph 18 and includes any corrections or alterations made to it in accordance with the provisions of this Schedule; and

“voting choices form” and “voting registration form” have the respective meanings given in paragraph 10(6).

Time E+W

2.— (1) In computing any period of time under this Schedule, the days mentioned in regulation 4(5) are to be disregarded.

(2) Where the day or last day of the time allowed under this Schedule for the doing of any thing falls on any of the days mentioned in regulation 4(5), that time is to be extended until the next following day which is not one of those days.

Forms E+W

3.— (1) The business registration officer must supply free of charge as many forms for use in connection with the business referendum as appear to that officer reasonable in the circumstances to any person who satisfies that officer of the person’s intention to use the forms in connection with a business referendum.

(2) The forms set out in the Appendix to this Schedule or forms substantially to the like effect may be used with such variations as the circumstances may require.

Communication of applications, notices, etc. E+W

4.   The requirement in this Schedule that any application, notice or representation, other than an invitation to register or a registration response form, should be in writing is satisfied where (apart from the usual meaning of that expression) the text of it—

(a) is transmitted by electronic means,

(b) is received in legible form, and

(c) is capable of being used for subsequent reference.

Exercise of vote E+W

5.— (1) A person is entitled to vote in a business referendum if they are registered on the business voting register on the day of the business referendum.

(2) A person is entitled to be registered on the business voting register if, on the day of their application to be so registered, they are a non-domestic ratepayer in the referendum area.

(3) Where, in respect of a hereditament, more than one person is liable for a non-domestic rate as partners or trustees the business vote holder is the partners or trustees jointly.

(4) Each business vote holder has one vote in the business referendum irrespective of the number of hereditaments within the referendum area in respect of which he is liable for a non-domestic rate.

The named voter E+W

6.— (1) The vote of the business vote holder in the business referendum may only be cast by a named voter.

(2) A named voter is an individual—

(a) whom the business vote holder has named, on their voting registration form, as voting on that business vote holder’s behalf, and who may or may not be the same person as the business vote holder;

(b) who does not fall within the classes of persons specified in sub-paragraph (3) and (4); and

(c) who appears on the business voting register on the day of the business referendum.

(3) A person is not capable of being named to vote, or voting, as a named voter in a business referendum if that person—

(a) is subject to any legal incapacity (age apart) to vote in a local government election as an elector;

(b) is disqualified by virtue of any enactment for registration as a local government elector; or

(c) is not a qualifying citizen.

(4) A person is not capable of voting as a named voter in a business referendum unless on the date of the business referendum that person has attained the age of 18.

(5) A person is not entitled to vote as a named voter at the same business referendum on behalf of more than two business vote holders.

(6) The named voter may vote by post or in person according to what is stated in their voting choices form, but subject to sub-paragraphs 23(8).]