Regulation 20

SCHEDULE 7E+WModifications of the Election Petition Rules 1960

(1) Provision modified(2) Modification
Rule 2(2) M1After the definition of “the Act” insert—
“ “the 2012 Regulations” means the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012;”.
After the definition of “local election petition” insert—
“ “referendum petition” means a petition under the 2012 Regulations;”.

In the definition of “petition” insert at the end “ or a referendum petition ”.

For the definition of “constituency” substitute—
“ “constituency” in relation to—
(a) a local election petition, means the local government area to which the petition relates;
(b) a referendum petition, means the voting area of the referendum;”.

After the definition of “returning officer” insert “ and, in relation to a referendum petition, any reference to a provision of the Act must be construed as a reference to that provision as applied by the 2012 Regulations. ”

Rule 2(3) M2

After “local government Act” insert “ and referendums under the 2012 Regulations ”.

Rule 4(1) M3Omit sub-paragraph (a).
For sub-paragraph (b) substitute—
“(b) the date and result of the referendum to which the petition relates;”.

In sub-paragraph (c) for the words from “petition” to “the Act” substitute “ referendum petition ”.

Rule 10 M4Omit.
Rule 12(3) M5

For “the election” substitute “ the referendum ”.

Rule 14(2) M6

For “the election may” substitute “ the referendum may ”.

Rule 16(3) M7

For “the election may” substitute “ the referendum may ”.

Rule 18 M8

After “local election petition” insert “ or a referendum petition ”.

The Schedule M9

For “a Parliamentary (or Local Government) Election for (state place) ........” substitute “ a referendum in (state area) ”.

In paragraph 1—

(a) for “election”, in the first place where that word occurs, substitute “ referendum ”,

(b) for “(or was a candidate at the above election) (or in the case of a parliamentary election claims to have had a right to be elected or returned at the above election)” substitute “ [(or where two or more referendums are held in respect of a precepting authority's relevant basic amount of council tax for the financial year) a person who voted or had a right to vote at the above referendum or any other referendum held in respect of the same precepting authority's relevant basic amount of council tax for the financial year] ”.

For paragraph 2 substitute—
2 That referendum was held on the [insert day] day of [insert month] [insert year]”.
In paragraph 4 omit “in the case of a petition mentioned in section 122(2) or (3) or”.
For paragraph (1) of the Prayer substitute—

“(1) That it may be determined [that the result of the referendum was not in accordance with the votes cast]* [that the referendum is avoided]*.

* Include or omit as the circumstances require.

Marginal Citations

M1Amended by S.I. 1985/1278.

M2Amended by S.I. 1985/1278.

M3Amended by S.I. 1985/1248.

M4Amended by S.I. 1985/1278.

M5Amended by S.I. 1999/1352.

M6Amended by S.I. 1999/1352.

M7Amended by S.I. 1999/1352.

M8Amended by S.I. 1985/1278.

M9Amended by S.I. 1985/1352.