The Neighbourhood Planning (Referendums) Regulations 2012

[F1 PART 5 E+W Alterations after registration

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

Cancellation or change of named voter E+W

21.— (1) The business vote holder may give notice in writing to the business registration officer that they no longer wish the named voter to vote on their behalf.

(2) Where notice is given under sub-paragraph (1), subject to sub-paragraph (5), the business registration officer must—

(a) acknowledge, in writing, the business vote holder’s notice; and

(b) notify the named voter that the business vote holder has given notice, and explain the effect of that notice; and

(c) remove the details of the named voter from the business voting register, the identifier record and the voters list.

(3) Where a business vote holder who gives notice under sub-paragraph (1) wishes their vote in the business referendum to be cast by the business vote holder themselves or by another person, the business vote holder must send the business registration officer—

(a) a new voting registration form completed in accordance with paragraph 11(3), and

(b) a new voting choices form completed in accordance with paragraph 11(4).

(4) Any notice under sub-paragraph (1) and any new registration response form sent under sub-paragraph (3) must be disregarded by the business registration officer if—

(a) it is received after 5pm on the eleventh day before the date of the business referendum; or

(b) it relates to a request by the business vote holder to change the identity of the named voter and the original named voter’s postal vote has been returned.

(5) Subject to the procedures in Part 7, and to sub-paragraph (4), a business registration officer who receives both new registration response forms under sub-paragraph (3) must accordingly alter the business voting register, the identifier record, and the voters list.

Alteration of other registration details E+W

22.— (1) Where a business vote holder or named voter needs to alter any information stated on a registration response form after it has been returned, including the choice of the named voter to vote in person or by post, but not to change the named voter under paragraph 21, they may request that such a change be made by sending the business registration officer—

(a) a new voting registration form completed in accordance with paragraph 11(3),

(b) a new voting choices form, completed in accordance with paragraph 11(4), and

(c) a written statement describing the change to be made.

(2) A business registration officer who receives a request under sub-paragraph (1) may dispense with any of the requirements in paragraph 11(3) or 11(4) if they are satisfied that doing so causes no prejudice to any business vote holder or named voter.

(3) A request under sub-paragraph (1) must be disregarded by the business registration officer if it is received after 5pm on the eleventh day before the date of the business referendum.

(4) Subject to the procedures in Part 7, and to sub-paragraph (3), a business registration officer who receives a request under sub-paragraph (1) must accordingly alter the business voting register, the identifier record, and the voters list.

Emergency change of named voter E+W

23.— (1) Where, after 5pm on the eleventh day before the date of the business referendum, F2 ...—

(a) [F3 a named voter] becomes disabled and as a result cannot reasonably be expected to vote in the business referendum in the manner chosen by the voter, or (in the case of a person who has chosen to vote in person) cannot reasonably be expected to vote unaided at the polling station; or

(b) [F4 a named voter] dies[F5 ; or

(c) a business vote holder becomes aware that, as a result of a reason relating to their named voter’s occupation, service or employment, the named voter cannot reasonably be expected to vote in the business referendum in the manner chosen by the named voter,]

the business vote holder may apply for a new named voter for the business referendum.

(2) An application under sub-paragraph (1) may be made by sending the business registration officer—

(a) a new voting registration form completed in accordance with paragraph 11(3),

(b) a new voting choices form, completed in accordance with paragraph 11(4), and

(c) the evidence required by sub-paragraph (3).

(3) The evidence required—

(a) in respect of an application made under sub-paragraph (1)(a), is an attestation made and signed in accordance with regulation 53(2) to (6), and which attestation includes the statement set out at regulation 55(3) of, the Representation of the People (England and Wales) Regulations 2001; or

(b) in respect of an application made under sub-paragraph (1)(b), is notification of the death of the named voter by a relative or executor of the named voter or by the registrar of births and deaths[F6 ; or

(c) in respect of an application made under sub-paragraph (1)(c), is the evidence described in sub-paragraph (3A).]

[F7 (3A) The evidence referred to in sub-paragraph (3)(c) is—

(a) a statement from the business vote holder that includes—

(i) the name of the named voter’s employer or, if the named voter is self-employed, that fact,

(ii) the reason that the named voter cannot reasonably be expected to vote in the business referendum in the manner chosen by the named voter, and

(iii) the date on which the business vote holder became aware of that reason; and

(b) an attestation—

(i) that is made and signed in accordance with regulation 55A(4), (6) and (7) of the Representation of the People (England and Wales) Regulations 2001, and

(ii) in which the attestor certifies, to the best of their knowledge and belief, that the statements referred to in sub-paragraph (3A)(a)(i) and (ii) are true.]

[F8 (4) For the purposes of sub-paragraphs (3)(a) and (3A)(b)(i), the provisions of the Representation of the People (England and Wales) Regulations 2001 mentioned in those sub-paragraphs are to have effect as if—

(a) any reference to the applicant was to the named voter, and

(b) any reference to an application was to the application under sub-paragraph (1).]

(5) Where the application under paragraph (1) relates to a named voter who has chosen to vote by post, sub-paragraph (3)(a) is to have effect as if—

(a) the reference to regulation 53(4)(d) of the Representation of the People (England and Wales) Regulations 2001 were omitted, and

(b) the person making the attestation were required instead to include a statement that, to the best knowledge and belief of that person, the named voter has the disability specified in the application and that that person cannot reasonably be expected to vote by post.

(6) An application under sub-paragraph (1) must be disregarded by the business registration officer if it is received after 5 pm on the date of the business referendum.

(7) Subject to sub-paragraph (6), a business registration officer who receives a request under sub-paragraph (1) which includes all the documents specified in sub-paragraph (2) must accordingly alter the business voting register, the identifier record, and the voters list.

(8) A named voter who is named by a business vote holder in an application under this paragraph is only entitled to vote in person on behalf of that business vote holder and not by post, and the business registration officer must accordingly alter the voters list.

Textual Amendments

F2 Words in Sch. 6 para. 23(1) omitted (6.4.2014) by virtue of The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 18(2)(a) (with reg. 1(7))

F3 Words in Sch. 6 para. 23(1)(a) inserted (6.4.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 18(2)(b) (with reg. 1(7))

F4 Words in Sch. 6 para. 23(1)(b) inserted (6.4.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 18(2)(b) (with reg. 1(7))

F5 Sch. 6 para. 23(1)(c) and word inserted (6.4.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 18(2)(c) (with reg. 1(7))

F6 Sch. 6 para. 23(3)(c) and word inserted (6.4.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 18(3) (with reg. 1(7))

F7 Sch. 6 para. 23(3A) inserted (6.4.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 18(4) (with reg. 1(7))

F8 Sch. 6 para. 23(4) substituted (6.4.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(6), 18(5) (with reg. 1(7))

Correction of clerical errors E+W

24.   Where the business registration officer determines at any time up to and including 9 pm on the date of the business referendum that there is a clerical error in the business voting register or the voters list, the business registration officer must correct the error.]