2014 No. 925
The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) (Amendment No.2) Regulations 2014
Made
Coming into force in accordance with regulation 1
The Lord President of the Council makes these Regulations in exercise of the powers conferred by sections 52ZQ and 113 of the Local Government Finance Act 19921.
In accordance with section 52ZQ(6) of that Act, the Lord President of the Council has consulted the Electoral Commission.
In accordance with section 52ZQ(7) of that Act, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.
Citation, commencement and application1
1
These Regulations may be cited as the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) (Amendment No.2) Regulations 2014.
2
This regulation, and regulations 2 (interpretation) and 3 (relevant register for the purposes of referendum expenditure) come into force on the day after the day on which these Regulations are made.
3
The remainder of these Regulations come into force on 6th April 2014.
4
These Regulations (other than this regulation and regulations 2 and 3) do not apply for the purposes of a referendum in respect of which the date of the poll specified in the statement published under regulation 4(2), 5(2) or 6(2), as the case may be, of the 2012 Regulations is on or before 21st May 2014.
5
Regulation 3 does not apply for the purposes of a referendum in respect of which the referendum period begins on or before the day on which these Regulations are made.
6
In paragraph (5) “referendum period” has the meaning given by regulation 2 of the 2012 Regulations.
Interpretation2
In these Regulations “the 2012 Regulations” means the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 20122 and, unless the context otherwise requires, a reference to a numbered regulation or Schedule is to the regulation or Schedule so numbered in those Regulations.
Amendments to the 2012 Regulations
3
In regulation 12 (general restriction on referendum expenses), in paragraph (1), for the definition of “the relevant register” substitute—
“the relevant register”, in relation to a referendum, means the register (or registers) or part of the register of local government electors kept in accordance with section 9 of the 1983 Act3 which has or have effect in the voting area on the day on which the referendum period begins (whether or not the persons to whom the entries relate are entitled to vote in the referendum).
4
In Schedule 3 (the Local Government Finance Act Referendum Rules), make the existing rule 19 (notification of requirement of secrecy) paragraph (1) of that rule and after it insert—
2
In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees)4.
5
In Schedule 3, in rule 21 (admission to polling station), after paragraph (4) insert—
5
In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).
6
In Schedule 3, in rule 26 (voting procedure), after paragraph (5) insert—
6
A voter or proxy who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter or proxy accordingly.
7
In Schedule 3, in rule 36 (the count), after paragraph (3) insert—
3A
A postal ballot paper or postal voting statement that reaches the counting officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (3) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.
8
In Schedule 3, in the Appendix of Forms, for the forms with the following headings substitute the corresponding forms in Schedule 1 to these Regulations—
a
Form of Postal Voting Statement;
b
Official Poll Card (to be sent to a voter voting in person);
c
Official Postal Poll Card (to be sent to a voter voting by post);
d
Official Proxy Poll Card (to be sent to an appointed proxy voting in person);
e
Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post);
f
Form of directions for the guidance of the voters and proxies in voting;
g
Form of Certificate of Employment;
h
Form of declaration to be made by the companion of a voter or proxy with disabilities.
9
In Schedule 4 (application, with modifications, of Acts and subordinate legislation), in table 1 (Representation of the People Act 1983), before the entry for section 13B insert—
Section 13AB (alteration of registers: interim publication dates)5
After “election”, in each place, insert “or referendum”
In subsection (5), for the words from “is the last day” to the end, substitute “is the 19th working day before the day of the referendum; and in this subsection “working day” means a day which is not mentioned in regulation 23(2) of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012.”
After subsection (8) insert—
8A
This section also applies to referendums.
10
In Schedule 4, in table 6 (Representation of the People (England and Wales) Regulations 20016)—
a
in the appropriate places, insert the entries in the table in Schedule 2 to these Regulations;
b
in the entry for regulation 4 (forms)7, for the words in the first column substitute “Regulation 4(1)(b) (forms) and, in so far as it gives effect to Forms E and K in Schedule 3, regulation 4(2)”;
c
in the entry for regulation 56 (closing date for applications)8, in the second column, opposite that entry, for “(5)” substitute “(5A)”;
d
omit the entries for regulations 85 (procedure in relation to postal voting statements) and 85B (postal voting statements: additional personal identifier verification)9;
e
in the entry for regulation 91 (forwarding of documents)10, in the second column, opposite that entry, for the modification that inserts paragraph (2A) substitute—
After paragraph (3A) insert—
(3B) In the case of a referendum, the documents to be forwarded under paragraphs (1) and (3A)(a) are to be forwarded to the relevant registration officer determined in accordance with the Local Government Finance Act Referendums Rules or the Local Government Finance Act Referendums (Combination of Polls) Rules.
11
In Schedule 5 (the Local Government Finance Act Referendums (Combination of Polls) Rules), in rule 17 (equipment of polling stations) for paragraph (10), substitute—
10
In every compartment of every polling station there must be exhibited the notice—
“*PARLIAMENTARY ELECTION
([Specify colour] ballot paper)
Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.
*EUROPEAN PARLIAMENTARY ELECTION
([Specify colour] ballot paper)
Vote ONLY ONCE by putting a cross [X] in the box next to your choice.
*[Specify name of council] COUNCIL ELECTION
([Specify colour] ballot paper)
*[Vote for NO MORE THAN … CANDIDATES by putting a cross [X] in the box next to EACH of your choices].
*[Vote ONLY ONCE by putting a cross [X] in the box next to your choice].
*ELECTION OF THE MAYOR OF LONDON
([Specify colour] ballot paper)
#On the ballot paper for the election of the Mayor, vote ONCE for your first choice and ONCE for your second choice.
*ELECTION OF THE LONDON ASSEMBLY
#On the constituency members ballot paper [(specify colour)] vote for ONE candidate only.
#On the London members ballot paper [(specify colour)] vote for ONE party or individual candidate only.
*REFERENDUM ON COUNCIL TAX INCREASE FOR [specify name of local authority]
([Specify colour] ballot paper)
Vote ONLY ONCE by putting a cross [X] in the box next to your choice.
*[Specify other] ELECTION/REFERENDUM
([Specify colour] ballot paper)
*[Specify voting instructions in accordance with the legislation governing the election or referendum].
PUT NO OTHER MARK ON THE BALLOT PAPER OR YOUR VOTE MAY NOT COUNT.
*[PLEASE DO NOT FOLD THE BALLOT PAPERS FOR [specify the election(s) and/or referendum(s) at which the votes are to be counted electronically]. Post them, face downwards, in the [*appropriate] ballot box.]
*Complete or omit as necessary.
#Alternatively, insert such information as the GLRO may decide.”.
12
In Schedule 5, make the existing rule 20 (notification of requirement of secrecy in respect of polling stations) paragraph (1) of that rule and after it insert—
2
In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).
13
In Schedule 5, make the existing rule 21 (notification of requirement of secrecy in respect of the count) paragraph (1) of that rule and after it insert—
2
In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).
14
In Schedule 5, in rule 23 (admission to polling station), after paragraph (4) insert—
5
In this rule, a reference to a constable includes a person designated as a community support officer under section 38 of the Police Reform Act 2002 (police powers for employees).
15
In Schedule 5, in rule 28 (voting procedure), after paragraph (5) insert—
5A
A voter or proxy who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter or proxy accordingly.
16
In Schedule 5, in rule 38 (the count), after paragraph (7) insert—
7A
A postal ballot paper or postal voting statement that reaches the relevant returning or counting officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (7) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.
17
In Schedule 5, in the Appendix of Forms—
a
for the forms with the following headings substitute the corresponding forms in Schedule 3 to these Regulations—
i
Form of Postal Voting Statement (for use where there is a joint issue and receipt of postal ballot papers);
ii
Form of Postal Voting Statement (for use when a referendum poll is combined with another poll but the postal ballot papers are not combined);
iii
Form of directions for the guidance of the voters and proxies in voting;
iv
Form of declaration to be made by the companion of a voter or proxy with disabilities;
b
for the forms with the following headings substitute the corresponding forms in Schedule 1 to these Regulations—
i
Official Poll Card (to be sent to a voter voting in person);
ii
Official Postal Poll Card (to be sent to a voter voting by post);
iii
Official Proxy Poll Card (to be sent to an appointed proxy voting in person);
iv
Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post);
v
Form of Certificate of Employment.
Signed by authority of the Lord President of the Council
SCHEDULE 1FORMS FOR LOCAL GOVERNMENT FINANCE ACT REFERENDUMS
Form of Postal Voting Statement
Official Poll Card (to be sent to a voter voting in person)Front of card
Back of card
Official Postal Poll Card (to be sent to a voter voting by post)Front of card
Back of card
Official Proxy Poll Card (to be sent to an appointed proxy voting in person)Front of card
Back of card
Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)Front of card
Back of card
Form of directions for the guidance of the voters and proxies in voting
Form of Certificate of Employment
SCHEDULE 2APPLICATION, WITH MODIFICATIONS, OF OTHER SUBORDINATE LEGISLATION
Provision | Modification |
|---|---|
Regulation 55A (additional requirements for applications for an emergency proxy vote in respect of a particular election)11 | |
Regulation 60B (requirement to provide fresh signatures following rejection of a postal voting statement)12 | |
Regulation 61C (notification of a rejected postal voting statement)13 | |
Regulation 78A (cancellation of postal ballot papers)14 | In paragraph (1), for “after the final nomination day at a parliamentary or local government election” substitute “during the referendum period in respect of a referendum”. Omit paragraph (5). |
In Schedule 3, Form K15 | For “Representation of the People Acts” substitute “Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations”. For “Parliamentary Election” substitute “Local Government Finance Act Referendum”. |
SCHEDULE 3FORMS FOR LOCAL GOVERNMENT FINANCE ACT REFERENDUMS COMBINED WITH OTHER POLLS
Form of Postal Voting Statement (for use when there is joint issue and receipt of postal ballot papers)
Form of Postal Voting Statement (for use when a referendum poll is combined with another poll but the postal ballot papers are not combined)
Form of directions for the guidance of the voters and proxies in voting
Form of declaration made by the companion of a voter or proxy with disabilities
(This note is not part of the Regulations)