PART 2Provision relating to polls postponed due to coronavirus

CHAPTER 1Postal ballots

Application and interpretation of Chapter 12

1

Regulations 3 to 5 apply to the following elections or referendums in the circumstances described in paragraph (2)—

a

the election of a councillor for any local government area in England to fill a casual vacancy;

b

a referendum, the poll for which is conducted in accordance with Schedule 3 or 5 to the 2012 Regulations (neighbourhood planning referendums).

2

The circumstances referred to in paragraph (1) are where—

a

a notice of election or (as the case may be) notice of the referendum was required to be published on or before 6th April 2020, and

b

the poll for that election or referendum was not held on the date required to be stated in that notice as a result of the Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 20203.

3

In this Chapter—

  • “the 1983 Act” means the Representation of the People Act 19834;

  • “the 2012 Regulations” means the Neighbourhood Planning (Referendums) Regulations 20125;

  • “principal area” has the same meaning as in section 270(1) of the Local Government Act 19726 and includes the area council for the Isles of Scilly;

  • “relevant by-election” means an election to which regulations 3 to 5 apply (by virtue of paragraphs (1) and (2) of this regulation);

  • “relevant referendum” means a referendum to which regulations 3 to 5 apply (by virtue of paragraphs (1) and (2) of this regulation);

  • “relevant registration officer”—

    1. a

      in the case of a relevant by-election—

      1. i

        where the election was for a councillor to fill a casual vacancy in the office of councillor for any principal area in England, has the meaning given by rule 52(2) of Schedule 2 or (as the case may be) rule 52(3) of Schedule 3 to the Local Elections (Principal Areas) (England and Wales) Rules 20067;

      2. ii

        where the election was for a councillor to fill a casual vacancy in the office of parish councillor, has the meaning given by rule 52(2) of Schedule 2 or (as the case may be) rule 52(3) of Schedule 3 to the Local Elections (Parishes and Communities) (England and Wales) Rules 20068;

    2. b

      in the case of a relevant referendum, has the meaning given by rule 2 of Schedule 3 or (as the case may be) rule 2 of Schedule 5 to the 2012 Regulations;

    3. c

      in the case of a referendum to which regulation 6 applies, means a business registration officer within the meaning of paragraph 1 of Schedule 6 to the 2012 Regulations.

4

In this Chapter, “the 2001 Regulations” means the Representation of the People (England and Wales) Regulations 20019; and references to provisions of the 2001 Regulations are—

a

in relation to a relevant referendum the poll for which was not due to be taken together with the poll for a relevant by-election or relevant referendum, to those provisions as applied by regulation 8 of, and Schedule 4 to, the 2012 Regulations;

b

in relation to a relevant referendum the poll for which was due to be taken together with the poll for a relevant by-election or another relevant referendum, to those provisions as applied by regulation 12 of, and Schedule 4 to, the 2012 Regulations;

c

in relation to a relevant by-election the poll for which was due to be taken together with the poll for a relevant referendum, to those provisions as applied by regulation 13 of, and Schedule 4 to, the 2012 Regulations.

5

In paragraph (1), “local government area” has the same meaning as in section 203(1) of the 1983 Act10.