The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012

Combination and timing of polls: general E+W

17.—(1) Where a relevant billing authority is required to make arrangements to hold two or more referendums in respect of amounts calculated by authorities in relation to the same financial year, the polls at those referendums must be taken on the same day and they must be taken together.

(2) Where the poll at a referendum would be taken on a day that falls within the period beginning 28 days before the day on which the poll is to be taken at an election or referendum of a description mentioned in paragraph (3), the poll at the referendum may, subject to paragraphs (4) and (6), be taken on the day on which the poll is to be taken at the election or other referendum; and the polls may be taken together if the returning officer or counting officer for the election or other referendum and the counting officer for the referendum think fit.

(3) The descriptions of elections and referendums mentioned in this paragraph are—

(a) an ordinary election of councillors for a county electoral division or a district or London borough ward (as the case may be) of the relevant billing authority;

(b) an ordinary election of councillors for a county electoral division or a district or London borough ward (as the case may be) of any other authority, where that division or ward is wholly or partly within the area of the relevant billing authority;

(c) where the relevant billing authority is the Council of the Isles of Scilly, an ordinary election of councillors for the Council of the Isles of Scilly;

(d) a parliamentary general election;

(e) an election to fill a vacancy in a parliamentary constituency that is wholly or partly within the area of the relevant billing authority;

(f) a European Parliamentary general election;

(g) a European Parliamentary election in respect of an electoral region within the meaning of section 1 of the European Parliamentary Elections Act 2002 M1 in which the area of the relevant billing authority falls;

(h) an ordinary election within the meaning of Part 1 (the Greater London Authority) of the Greater London Authority Act 1999 M2 , where the relevant billing authority is a London borough or the City of London;

(i) an election (other than an ordinary election) of the Mayor of London under section 16(2) (filling a vacancy in the office of Mayor) of the Greater London Authority Act 1999, where the relevant billing authority is a London borough or the City of London;

(j) an ordinary election of police and crime commissioners under section 50 of the 2011 Act;

(k) an election to fill a vacancy in the office of a police and crime commissioner under section 51 of the 2011 Act for a police area in which the area of the relevant billing authority falls;

(l) a Local Government Act referendum held by the relevant billing authority or by an authority whose area includes the area of the relevant billing authority;

(m) an election of an elected mayor for the relevant billing authority or an authority whose area includes the area of the relevant billing authority;

(n) an election under section 89 (filling of casual vacancies in the case of councillors) of the Local Government Act 1972 M3 for an electoral area of the relevant billing authority;

(o) an election under section 10 (filling a vacancy in an Assembly constituency) of the Greater London Authority Act 1999 for an electoral area of the relevant billing authority; or

(p) an ordinary election of councillors for a parish council where the parish falls within the area of the relevant billing authority.

(4) Where the poll at a referendum would be taken together with the poll at an election of a description mentioned in paragraph (3)(d), (e), (g), (i) or (k), paragraph (2) does not apply where notice of the date of the referendum is given under regulation 4, 5 or 6 before the date on which notice is given of the date of election, and the date of the referendum is not the same as that of the election.

(5) In a case to which paragraph (4) applies, the poll at a referendum is to be taken on the day of which the notice has been given under regulation 4, 5 or 6.

(6) Where two or more referendums are required to be held in respect of a precepting authority's relevant basic amount of council tax for a relevant financial year—

(a) those referendums must all be held on the same day, and

(b) where a poll or other referendum mentioned in paragraph (3) is to be held on a day other than the date on which the referendums are required to be held under section 52ZN(2) the referendums may only be taken on the same day as that poll if the returning officer or counting officer for the election or other referendum and the counting officer for each of those referendums think fit.

(7) Where the polls at any election or referendums are combined under this regulation the cost of taking the combined polls (excluding any cost solely attributable to one election or referendum) and any cost attributable to their combination shall be apportioned equally among the elections or referendums.

Modifications etc. (not altering text)

C1 Reg. 17(3) modified (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 para. 36

Marginal Citations

M1 2002, c. 24. Section 1 was substituted by section 1 of the European Parliament (Representation) Act 2003 (c.7). Amendments were made by section 16 of the European Union Act 2011 (c.12). Substitutions were made by S.I. 2004/366 and S.I. 2008/1954.

M2 1999, c. 29.

M3 1972, c. 70; section 89 was amended by paragraph 13 of Schedule 8 to the Representation of the People Act 1983 (c. 2), section 19 of the Representation of the People Act 1985 (c. 50) and Schedule 17 to the Local Government Act 1985 (c. 51).