BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2004 No. 226
URL: http://www.bailii.org/uk/legis/num_reg/2004/20040226.html

[New search] [Help]


2004 No. 226

LOCAL GOVERNMENT, ENGLAND

The Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2004

  Made 12th March 2004 
  Coming into force 13th March 2004 

The First Secretary of State, in exercise of the powers conferred upon him by sections 45 and 105 of the Local Government Act 2000[1], having consulted the Electoral Commission as required by section 45(8A) of that Act[2], hereby makes the following Regulations, of which a draft has been laid before, and approved by resolution of, each House of Parliament:

Citation, commencement and application
     1.  - (1) These Regulations may be cited as the Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2004 and shall come into force on the day after that on which they are made.

    (2) These regulations apply to the holding of referendums by local authorities in England.

Amendment of conduct of referendums regulations
     2.  - (1) The Local Authorities (Conduct of Referendums) (England) Regulations 2001[3] shall be amended as follows.

    (2) In regulation 2(1), insert in the appropriate place in alphabetical order - 

    (3) For regulation 15(4), substitute - 

    (4) In regulation 16 - 

    (5) For regulation 17(4), substitute - 

    (6) Regulations 15(5), (7) and (9), and 16(4), (5) and (7) are revoked.

    (7) For Schedule 5, substitute Schedule 5 as set out in the Schedule to these Regulations.



Signed by authority of the First Secretary of State


Nick Raynsford
Minister of State Office of the Deputy Prime Minister

12th March 2004



SCHEDULE
Regulation 2(7)


REPLACEMENT FOR SCHEDULE 5 TO THE PRINCIPAL REGULATIONS


SCHEDULE 5
Regulations 15, 16 and 17


COMBINATION OF POLLS




PART I

General Provisions

     1. For the purposes of combining the poll at - 

with the poll at a referendum, the provisions specified in column (1) of the Table below shall be modified as specified in column (2).


TABLE

(1) (2)
Provision Modification
The 1985 Act  
Section 15 (combination of polls at parliamentary, European Parliamentary and local elections) In subsection (1), at the end of paragraph (c), insert

    " or

    (d) a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2001 and - 

      (i) a parliamentary election,

      (ii) a European Parliamentary election, or

      (iii) an ordinary local government election,".

In subsection (2), after "related areas", insert "or the polls at elections and a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2001 for related areas".

In subsection (4) - 

    (a) after "elections" (in the first place where that word appears) insert "or, as the case may be, elections and a referendum";

    (b) after "one election", insert "or the referendum"; and

    (c) after "elections" (in the second place where that word appears), insert "or, as the case may be, the elections and the referendum".

In subsection (5), after "any elections" insert "or at elections and a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2001".
The RP Act 2000  
Section 12 (changes relating to absent voting at elections in Great Britain) In subsection (1), at the end insert "; and as regards referendums pursuant to the Local Authorities (Conduct of Referendums) (England) Regulations 2001".
Schedule 4 (absent voting in Great Britain) In paragraph 1, in sub-paragraph (1) - 

    (a) in the definition of "the appropriate rules", after paragraph (b), insert - 

    " and

    (c) in the case of a referendum, the LGA Referendum Rules, within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2001";

    (b) after the definition of "local government election", insert the following definition - 

" "referendum" means a referendum pursuant to the Local Authorities (Conduct of Referendums) (England) Regulations 2001".

In paragraphs 2 to 7 - 

    (a) except in paragraphs 3(1), 3(2), 3(4)(a)(i), 6(3), 6(7), 6(8), 7(4)(a) and 7(6)(a)(i), after "local government election", "local government elections", "elections" and "election", insert, as the context requires, "or a referendum,""or referendums", or "or the referendum"; and

    (b) for "an elector" in each case where it appears, substitute "a voter".

    (c) In paragraphs 3(1) and 3(2) for "or at both", substitute "or at referendums, or at any combination of such polls".

In paragraphs 3(4)(a)(i) and 7(6)(a)(i), for "or both,", substitute "or referendums, or at any combination of such polls".

In paragraphs 6(7), 6(8) and 7(4)(a), for "or at both,", insert "or at referendums, or at any combination of such polls".
The Elections Regulations  
Paragraph (2) of regulation 3 (interpretation) At the end of sub-paragraph (b), insert - 

    " , or

    (c) in the case of a referendum, such of those rules made under section 36 of the 1983 Act as are applied to that referendum (with or without modification) by the Local Authorities (Conduct of Referendums) (England) Regulations 2001".
Regulation 51 (general requirements for applications for an absent vote) In paragraph (4), in sub-paragraph (b) - 

    (a) after "for", insert "all or any of";

    (b) after "local government elections", insert "or referendums, identifying those in respect of which it is made"; and

    (c) for "both", substitute "referendums, or at any combination of such polls".

In paragraph (5) - 

    (a) after "election", in each place, insert "or referendum"; and

    (b) for "elections", substitute "polls".
Regulation 56 (closing dates for applications) In paragraphs (1) to (5) and (7)(b), after "election", in each place, insert "or referendum".
Regulation 65 (combination of polls) Substitute - 

     65. Where the polls at elections or polls at an election and a referendum, or at two referendums are taken together, the proceedings on issue and receipt of postal ballot papers in respect of each election or, as the case may be the election and the referendum or each referendum may be taken together, if the returning officers or, as the case may be, the returning officer and the counting officer at the referendum or the counting officers concerned agree.
Regulation 67 (persons entitled to be present at proceedings on issue of ballot papers After "the returning officer and his clerks", insert "and in the case of a referendum, the counting officer and his clerks;"
Regulation 68 (persons entitled to be present at proceedings on the receipt of postal ballot papers) In sub-paragraph (a), after "the returning officer and his clerks", insert "and in the case of a referendum, the counting officer and his clerks;".

In sub-paragraph (b), after "candidate", insert "at any relevant election or referendum or those persons who, in accordance with regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, are entitled to attend at the counting of the votes.".
Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) For paragraph (8), substitute - 

    " (8) Where in this Part of these Regulations any act or thing is required or authorised to be done in the presence of the candidates or their agents or in the case of a referendum, the persons who, in accordance with regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, are entitled to attend at the counting of the votes, the non-attendance of any such persons or person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done."
Regulation 72 (procedure on issue of postal ballot papers) In paragraph (5) - 

    (a) after "one election", insert "or referendum, or for an election or elections combined with a referendum or referendums";

    (b) in sub-paragraph (a) - 

      (i) after "elections", insert "or referendums"; and

      (ii) after "election", insert "or referendum".

In paragraph (6), for "the poll at one election is taken with the poll at another election", substitute "polls are taken together".
Regulation 74 (envelopes) In paragraph (4), after "65 above", insert "or under regulation 14(1), (7) or (11) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001".
Regulation 77 (spoilt ballot papers) In paragraph (2), for "more than one election have been issued together under regulation 65 above", substitute "more than one poll have been issued together".
Regulation 80 (notice of opening postal ballot paper envelopes) In paragraph (1), after "each candidate", insert "in the case of an election and those persons who, in accordance with regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, are entitled to attend at the counting of the votes for the referendum".
Regulation 83 (opening of postal voters' ballot box) In paragraph (1), after "the agents", insert "in the case of an election and the counting observers for the referendum".
Regulation 85 (procedure in relation to declarations of identity) In paragraph (3), after "the agents", insert "in the case of an election and the counting observers for the referendum".
Regulation 91 (forwarding of document)s In paragraph (1) - 

    (a) after "returning officer", insert "or in the case of a referendum, the counting officer,";

    (b) after "local government election", insert "or referendum";

    (c) after "the date of the election", insert "or referendum";

    (d) after "electoral area", insert "or voting area"; and

    (e) for "election (or elections)", substitute "poll (or polls)".

In paragraph (2), after "election", in the first two places where that word appears, insert "or referendum".
Schedule 3, Form E After "European Parliamentary electoral region", in each place where it appears, insert "voting area".After "European Parliamentary election", in each place where it appears, insert "and referendum".

In paragraphs 1 and 2 of the note, after "election", in each place where it appears, insert "or referendum".




PART II

COMBINED POLLS AT REFERENDUMS: MODIFICATIONS TO SCHEDULE 3 TO THE PRINCIPAL AREAS RULES



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, amend the Local Authorities (Conduct of Referendums) (England) Regulations 2001 (the 2001 Regulations) as they apply where the poll at a referendum under the Local Government Act 2000 is taken together with the poll at:

Under the 2001 Regulations, a referendum is conducted in accordance with a modified version of the rules which govern an election of members of the council of a principal area (a county, district of London Borough in England, a County or County Borough in Wales).

Regulation 2 provides that a referendum which is held together with another referendum or one or more of a number of types of election shall be in accordance with a modified version of the version of rules for election of members of the council of a principal area that applies where such an election is held in combination with another poll.

Regulation 2(6) substitutes a new schedule for Schedule 5 to the 2001 Regulations. The new Schedule specifies the modifications that are required to other enactments as a consequence of combination of polls.

In particular, Part II of that Schedule specifies the modifications to the rules relating to combined polls at principal area elections that are to be applied for the purposes of the mayoral referendum. The modifications reflect the differences in nomenclature between elections and referendums, the absence of candidates, other changes required to reflect correctly the allocation of responsibilities in relation to returning officer and counting officer functions and include other minor or consequential changes.

The new schedule applies the changes which have been made to the rules for election of members of the council of a principal area that apply where such an election is held in combination with another poll to a referendum held in combination with another poll. The main changes are - 

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.

Notes:

 [1] 2000 c. 22.back

[2] Subsection (8A) was inserted by the Political Parties, Elections and Referendums Act 2000, Schedule 21, paragraph 18.back

[3] S.I. 2001/1298.back

[4] S.I. 2004/294.back

[5] Section 203(1) was amended by paragraphs 39(1) and (4) of Schedule 3 to the Greater London Authority Act 1999 (c. 29).back

[6] S.I. 2002/185.back

[7] For the definition of "Parliamentary election"seethe Interpretation Act 1978 (c. 30), Schedule 1.back

[8] For provisions as to the combination of polls,seesection 36 of the 1983 Act, section 15 of the 1985 Act, the Local Authorities (Mayoral Elections) (England) Regulations 2002 (S.I. 2002/185) and regulation 14 of these Regulations.back

[9] For the definition of "Parliamentary election"seethe Interpretation Act 1978 (c. 30), Schedule 1.back


ISBN 0 11 048901 2


  © Crown copyright 2004

Prepared 18 March 2004

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2004/20040226.html