The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008

Interpretation E+W

2.—(1) In these Regulations—

“the 1983 Act” (“Deddf 1983”) means the Representation of the People Act 1983 M1 ;

“the 1985 Act” (“Deddf 1985”) means the Representation of the People Act 1985 M2 ;

“the 2000 Act” (“Deddf 2000”) means the Local Government Act 2000 M3 ;

“counting observer” (“arsylwr cyfrif”) means a person appointed by a counting officer under rule 18(2) of the Local Government Act Referendums Rules;

“counting officer” (“swyddog cyfrif”) means a person referred to in regulation 9;

“elected mayor” (“maer etholedig”), in relation to a local authority, means an individual elected as mayor of the local authority by the local government electors for the local authority's area in accordance with provisions made by or under Part II of the 2000 Act;

“the Elections Act” (“Deddf yr Etholiadau”) means the Political Parties, Elections and Referendums Act 2000 M4 ;

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“further referendum” (“refferendwm pellach”) means a referendum held in pursuance of an order under regulation 13(3);

“the Local Government Act Referendums Rules” (“Rheolau Refferenda'r Ddeddf Llywodraeth Leol”) means the rules set out in Schedule 3 to these Regulations;

“local government election” (“etholiad llywodraeth leol”) must be construed in accordance with section 203(1) of the 1983 Act;

“mayoral election” (“etholiad maerol”) must be construed in accordance with the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 M5 ;

“outline fall-back proposals” (“cynigion wrth gefn amlinellol”)—

(a)

in relation to proposals under section 25 (proposals) of the 2000 Act, means an outline of the proposals that a local authority intend to implement if their proposals under section 25 are rejected in a referendum;

(b)

in relation to proposals under regulation 17 (action before referendum) or regulation 19 (action following direction) of the Petitions and Directions Regulations, means an outline of the proposals that a local authority intend to implement if proposals that are to be the subject of a referendum under Part II or Part III of those Regulations are rejected in that referendum;

(c)

in relation to proposals under an order under section 36 (referendum following order) of the 2000 Act, means—

(i)

if the local authority are then operating executive or alternative arrangements, a summary of those arrangements;

(ii)

in any other case, an outline of the proposals specified in the order that the local authority intend to implement if proposals that are to be the subject of a referendum are rejected in that referendum;

(d)

in relation to proposals under regulations under section 30 (operation of different executive arrangements) or section 33 (operation of alternative arrangements) of the 2000 Act, means a summary of the local authority's existing executive arrangements or existing alternative arrangements (as the case may be);

“the Petitions and Directions Regulations” (“Rheoliadau Deisebau a Chyfarwyddiadau”) means the Local Authorities (Referendums) (Petitions and Directions) (Wales) Regulations 2001 M6 ;

“petition organiser” (“trefnydd deiseb”), in relation to a referendum, means a person who is treated for the purposes of regulation 10(4) or (5) (formalities of petition) (as the case may be) of the Petitions and Directions Regulations, as the petition organiser of any valid petition (whether an amalgamated petition, a constituent petition or a post-announcement petition) received by the local authority by or in respect of which the referendum is held M7 ;

“polling observer” (“arsylwr pleidleisio”) means a person appointed by a counting officer under rule 18(1) of the Local Government Act Referendums Rules;

“proper officer” (“swyddog priodol”) must be construed in accordance with section 270(3) of the Local Government Act 1972 M8 ;

“proposals date” (“dyddiad y cynigion”)—

(a)

in relation to a referendum, other than a further referendum, means the date on which proposals—

(i)

under section 25 of the 2000 Act which involve a form of executive for which a referendum is required,

(ii)

under regulation 17 or 19 of the Petitions and Directions Regulations,

(iii)

under an order under section 36 of the 2000 Act, or

(iv)

under regulations under section 30 or 33 of the 2000 Act M9 ,

are sent to the Welsh Ministers; and

(b)

in relation to a further referendum, means the day which falls two months before the day on which the poll at the further referendum is held;

“referendum” (“refferendwm”) means a referendum held under section 27 (referendum in case of proposals involving elected mayor) of the 2000 Act, or by virtue of regulations or an order made under any provision of Part II (arrangements with respect to executives etc.) of the 2000 Act;

“referendum period” (“cyfnod y refferendwm”), in relation to a referendum (including a further referendum), means the period beginning with—

(a)

where the proposals date precedes the coming into force of these Regulations, the date on which these Regulations come into force;

(b)

in any other case, the proposals date,

and ending on the date of the referendum;

“the Representation of the People Regulations” (“Rheoliadau Cynrychiolaeth y Bobl”) means the Representation of the People (England and Wales) Regulations 2001 M10 ;

“the RP Act 2000” (“Deddf CB 2000”) means the Representation of the People Act 2000 M11 ; and

“voting area” (“ardal y bleidlais”) means the area in which a referendum is held.

(2) Any reference in the following provisions of these Regulations to a section followed by a number is, unless the context otherwise requires, a reference to the section of the 2000 Act that bears that number.

Textual Amendments

F1 Words in reg. 2(1) omitted (31.1.2020) by virtue of The Elections (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/115), regs. 1, 4(2) (as read with The European Union (Withdrawal Agreement) Act 2020 (Disapplication of the Deferral of Subordinate Legislation) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/93), reg. 2)

Marginal Citations

M1 1983 c. 2.

M2 1985 c. 50.

M3 2000 c. 22.

M4 2000 c. 41.

M5 S.I. 2007/1024.

M6 S.I. 2001/2292 (W.180) as amended by S.I.2003/398 (W.55).

M7 The definition of “petition organiser” is to be found in regulation 3 of the Petitions and Directions Regulations. As to the validity of petitions, see regulation 9(1) of those Regulations. As to amalgamated, constituent and post-announcement petitions, relevant definitions are to be found in regulation 3 of those Regulations.

M8 1972 c. 70.

M9 See the Local Authorities (Changing Executive Arrangements and Alternative Arrangements (Wales) Regulations 2004 (S.I. 2004/3158 (W.275)).

M10 S.I. 2001/341; amended by S.I. 2001/1700, 2002/1871, 2004/226, 2006/752 and 2006/2910.

M11 2000 c. 2.