The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031) (the “2012 Regulations”). Their main purpose is to apply, for the purposes of neighbourhood planning referendums, changes that have been or are to be made to the legislation relating to the administration of parliamentary and local government elections.

Regulation 3 amends the definition of “relevant register” for the purposes of calculating the referendum expenses limit. The limit is now to be calculated by reference to the register of local government electors as it has effect at the beginning of the referendum period, rather than as it was after the canvass in the preceding year.

Regulations 4 and 5 amend the Neighbourhood Planning Referendums Rules (Schedule 3 to the 2012 Regulations) to enable a community support officer to enter a polling station or a count venue on the same terms as a constable. Regulations 13 and 14 make equivalent changes to the Neighbourhood Planning Referendums (Combination of Polls) Rules (Schedule 5 to the 2012 Regulations); and regulations 28 and 29 make equivalent changes to the Neighbourhood Planning Business Referendums Rules (Schedule 7 to the 2012 Regulations).

Regulations 6 and 7 amend the Neighbourhood Planning Referendums Rules to allow a voter to vote (and allow a person to return a postal vote) if he or she is in a polling station or in a queue outside a polling station at 10 p.m. on polling day for the purpose of voting (or for the purpose of returning the postal vote). Regulations 15, 16, 30 and 31 make equivalent changes to the Neighbourhood Planning Referendums (Combination of Polls) Rules and the Neighbourhood Planning Business Referendums Rules.

Regulations 8, 12, 17, 19 and 32, and Schedules 1, 3, 4 and 5, replace various forms and notices used at residential and business referendums.

Regulations 9 and 10 and Schedule 2 amend the tables in Schedule 4 to the 2012 Regulations that apply certain elections legislation for the purposes of residential referendums. The amendments are to take account of amendments made to the Representation of the People Act 1983 by the Electoral Registration and Administration Act 2013 (c.6) and of amendments made to the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) (the “2001 Regulations”) by the Representation of the People (Description of Electoral Registers and Amendment) (England and Wales) Regulations 2013 (S.I. 2013/3198). Regulation 10 and Schedule 2 also apply, for residential referendums, certain provisions in the 2001 Regulations that were omitted from Schedule 4 to the 2012 Regulations in error.

Regulation 11 makes minor changes to Schedule 4 to the 2012 Regulations, which are consequential on changes in other legislation.

Regulation 18 amends Schedule 6 to the 2012 Regulations to enable a business vote holder to apply to change their named voter (the person who will cast the vote) after the usual deadline has expired, if the named voter has become unable to vote for work reasons. This amendment reflects, for business referendums, amendments made to the 2001 Regulations that will apply to residential referendums by virtue of Schedule 4 to the 2012 Regulations.

Regulation 20 amends Schedule 6 to provide for a counting officer to create a list of cancelled postal ballot papers at a business referendum. Regulation 27(b) makes a consequential change.

Regulations 21 to 26 and 27(a) amend the Neighbourhood Planning Business Referendum Rules to require a counting officer to check the personal identifiers (date of birth and signature) on every returned postal voting statement against the corresponding identifiers held on file. These amendments reflect, for business referendums, amendments made to the 2001 Regulations that will apply to residential referendums by virtue of Schedule 4 to the 2012 Regulations.

Regulation 33 makes consequential amendments to the table of applications in Schedule 8 to the 2012 Regulations.

A full regulatory impact assessment has not been produced for this instrument because no impact, or no significant impact, on the private, voluntary or public sectors is foreseen, other than that set out in the impact assessments for the Electoral Registration and Administration Act 2013.