F1SCHEDULE 8Application, with Modification, of other Acts and Subordinate Legislation in respect of Business Referendums
Words in Sch. 8 Table 1 omitted (10.6.2014) by virtue of The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(4), 33(1)(a); S.I. 2014/414, art. 5(m)
Words in Sch. 8 Table 1 omitted (10.6.2014) by virtue of The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(4), 33(1)(b); S.I. 2014/414, art. 5(m)
Words in Sch. 8 Table 1 inserted (10.6.2014) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014 (S.I. 2014/333), regs. 1(5), 33(2); S.I. 2014/414, art. 5(m)
Word in Sch. 8 Table 1 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 9(6)(a)(i)
Word in Sch. 8 Table 1 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 9(6)(a)(ii)(aa)
Words in Sch. 8 Table 1 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 9(6)(a)(ii)(bb)
Words in Sch. 8 Table 1 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 9(6)(a)(ii)(cc)
Words in Sch. 8 Table 1 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 9(6)(a)(ii)(dd)
Words in Sch. 8 Table 1 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023 (S.I. 2023/1225), reg. 9(6)(b)
Words in Sch. 8 Table 1 substituted (1.11.2023) by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 2023/1141), regs. 1(2), 7(3)(b)
Representation of the People Act 1983
Provision | Modification |
---|---|
Section 35(4) (appointments by returning officers) | |
Section 36(4) and (6) (returning officer’s expenditure at local elections) | In subsection (4)— (a) for the words from “by a returning officer” to “London borough)” substitute “by the counting officer for a relevant council in relation to the holding of a business referendum”; and (b) for the words “the council for that area” substitute “that council”. |
In subsection (6) for the words from the beginning to “councillor, the council” substitute “Before a poll is taken at such a business referendum as is referred to in subsection (4), the authority”. | |
The first reference in subsection (6) to the council who appointed the returning officer must be construed as a reference to the council who appointed the returning officer, but other references to the returning officer must be construed as references to the counting officer. | |
Section 47 (loan of equipment for local elections) | |
Section 49(5)(except (5)(b)(iii))F2... (effect of registers) | In subsection (5) for the words from “parliamentary or local government elector” to “list of proxies” substitute “named voter”, and omit “prevent the rejection of a vote on a scrutiny, or”. |
In subsection (5)(b)(iv) for the words “a local government elector” substitute “named voter”. | |
F3. . . | |
Section 52(1) to (4) (discharge of registration duties) | A reference to functions under the 1983 Act is construed as a reference to functions under these Regulations. |
Section 54(1), (3) and (4) (payment of expenses of registration) | A reference to functions under the 1983 Act F4or the Electoral Registration and Administration Act 2013 is construed as a reference to functions under these Regulations. |
Section 60 (personation) | In subsection (2) for the words “parliamentary or local government election” substitute “business referendum”. |
In subsection (2)(a) for the words “whether as an elector or as proxy” substitute “as a named voter”. | |
In subsection (2)(b), in both cases where the word appears, for the word “proxy” substitute “a named voter”. | |
Section 61(1) and (3) to (7) (other voting offences) | For subsection (1) substitute—
|
For subsection (3) and (4) substitute—
| |
For subsection (6A) substitute—
| |
Section 62A (except (4) and (6)) (offences relating to applications for postal and proxy votes) | In subsection (1)(a) after “election” insert “or business referendum”. |
For subsection (2) substitute—
| |
Section 63 (breach of official duty) | In subsection (3) for the words “parliamentary or local government elections or the registration of parliamentary or local government electors” substitute “business referendums or the registration of business vote holders for the purposes of a business referendum”. |
In subsection (4)(a) after the words “for an election” insert “or a business referendum”. | |
Section 65 (tampering with ballot papers, etc) | In subsection (1)— (a) after “election”, in the first place it occurs, insert “or business referendum”, and (b) omit paragraph (a). |
Section 66 (except F6(5), (7) and (8)) (requirement of secrecy) | For subsections (1) to F7(4B) substitute— (1) The following persons— (a) every counting officer and every presiding officer or clerk attending at a polling station, (b) every polling observer so attending, (c) every person so attending by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000, shall maintain and aid in the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed any information as to— (i) the name of any named voter who has or has not applied for a ballot paper or voted at a polling station; (ii) the number on the business voting register of any business vote holder who has or has not applied for a ballot paper or voted at a polling station; or (iii) the official mark. |
| |
Section 66A (prohibition of exit polls) | In subsection (2) omit the “and” preceding paragraph (b) and after that paragraph insert— “; and (c) a business referendum.”. |
Section 92 (broadcasting from outside the United Kingdom) | In subsection (1) after “local government election” insert “or business referendum”. |
Section 94 (imitation poll cards) | In subsection (1) after “local government election” insert “or business referendum”. |
In subsection (2)— (a) after “local government elections” insert “or business referendum”, (b) after “section 42 above” insert “, or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990,”, and (c) after “the rules”, insert “or, as the case may be, the regulations”. | |
Section 96 (schools and rooms for local election meetings) | For subsections (1) to (4) substitute—
|
Section 97 (disturbances at election meetings) | For subsection (2) substitute—
|
Section 100(1) and (2) (illegal canvassing by police officers) | In subsection (1) for the words from “from giving his vote” to the end substitute “from giving their vote in a referendum under Schedule 4B to the Town and Country Planning Act 1990 in relation to a referendum area wholly or partly within the police area”. |
Section 109 (payments for the exhibition of election notices) | |
Section 110 (details to appear on election publications) | |
Section 111 (prohibition of paid canvassers) | |
Section 112 (providing money for illegal purposes) | |
F11Section 112A (handling of postal voting documents by political campaigners) | F11In subsection (7)— (a) omit paragraphs (a) to (d), (b) in paragraph (g) for “any of paragraphs (a) to (f)” substitute (c) after paragraph (h) insert— “(i) a person involved in the conduct or management of a campaign conducted with a view to promoting or procuring a particular outcome in relation to the question to be asked in the relevant business referendum.”. In subsection (8), in the definition of “relevant election” (in which all references to “election” are modified to be construed as references to “business referendum” by regulation 17(6)(a))— (a) omit paragraph (a), and (b) in paragraph (b) for “local government election” substitute |
Section 113 (bribery) | |
Section 114 (treating) | |
F5Section 114A (undue influence) | |
Section 116 (rights of creditors) | Omit paragraphs (b) and (c). |
Section 118 (interpretation of Part 2) | |
Section 119 (computation of time for purposes of Part 2) | In subsection (1)(b) after “disregarded” insert- “; and (c) in computing any period referred to in section 96(2) or 97(2A), as applied for the purposes of a business referendum under Schedule 4B to the Town and Country Planning Act 1990, any of the days so mentioned shall be disregarded.” |
Section 167 (application for relief) | In subsection (1) omit the words “or an election court”. |
Section 168 (prosecutions for corrupt practices) | |
Section 169 (prosecutions for illegal practices) | |
Section 170 (conviction of illegal practices on charge of corrupt practice etc) | |
Section 173 (incapacities) | In subsection (1)(a)(i) after “Great Britain” insert “or being named to vote or voting as a named voter in a business referendum”. |
Section 175 (illegal payments etc) | Omit subsection (2). |
Section 176 (time limit for prosecutions) | |
Section 177 (summary trial) | For “the election under the local government Act” substitute “the business referendum”; In subsection (1)(a) for the words from “in the county” to “adjoins” substitute “for the referendum area in which the offence is alleged to have been committed”. |
Section 178 (prosecution of offences committed outside the United Kingdom) | |
Section 179 (offences by association) | |
Section 181 (Director of Public Prosecutions) | |
Section 185 (interpretation of Part 3) | |
Section 199B (translations of certain documents) | The reference to the requirements of a sample copy is construed as a reference to the requirements set out in the Neighbourhood Planning Business Referendums Rules. |
Section 200(1A) and (2) (public notices, and declarations) | |
Section 202 (interpretation) | Before subsection (2) insert— (1A) Any term used in this Act which is defined in the Neighbourhood Planning (Referendums) Regulations 2012 shall have the meaning given to it by those Regulations. |
Representation of the People Act 2000
Provision | Modification |
---|---|
Section 10 (pilot schemes for local elections in England and Wales) | In subsection (2)— (a) after “Representation of the People Acts”, insert “or the Town and Country Planning Act 1990”, and (b) in paragraph (c) for “candidates” substitute “any campaign organiser within the meaning of regulation 6”. |
In subsection (3)— (a) in paragraph (b) for “candidates” substitute “campaign organisers”, and (b) for “section 75(1) of the 1983 Act (restriction on third party election expenditure)” substitute “regulation 6”. | |
Omit subsection (4). | |
At the end of subsection (7)(a) insert “or the Town and Country Planning Act 1990”. |
Political Parties, Elections and Referendums Act 2000
Provision | Modification |
---|---|
Section 6A (attendance of representatives of Commission at elections etc) | After subsection (1)(b) insert—
|
Section 6B (observation of working practices by representatives of Commission) | After subsection (2) insert—
|
Section 6C (accredited observers: individuals) | After subsection (1) after “applies” insert “or which is held under Schedule 4B to the Town and Country Planning Act 1990 |
Section 6D (accredited observers: organisations) | After subsection (1) after “applies” insert “or which is held under Schedule 4B to the Town and Country Planning Act 1990”. |
Section 6E (attendance and conduct of observers) | “After subsection (4)(c) insert— (ca) in the case of any other proceedings at a business referendum under Schedule 4B to the Town and Country Planning Act 1990, the counting officer;”. |
Electoral Administration Act 2006
Provision | Modification |
---|---|
Section 42 (access to other election documents) | In subsection (1)(b) for “election documents” substitute “business referendum documents”. |
Section 43 (access to other election documents: contravention of regulations) | In subsection (1)(a) after “section 42”, insert “as applied by the Neighbourhood Planning (Referendums) Regulations 2012. |
Section 44 (access to other election documents: supplementary) | In subsection (3)(b) for the words “such registration officer as the Secretary of State by order appoints”, insert “the business registration officer of the relevant council or where the referendum area comprises the areas of two or more councils, the returning 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 are registered”. In subsection (5) for the words “election documents” to “Northern Ireland)” substitute “business referendum documents are such documents relating to a business referendum”. |
Section 46 (returning officers: correction of procedural errors) | Omit subsection (6). |
Sch. 8 inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 3