Statutory Instruments

2014 No. 925

Local Government, England

The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) (Amendment No.2) Regulations 2014

Made

3rd April 2014

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 1992(1).

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 application

1.—(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.

Interpretation

2. In these Regulations “the 2012 Regulations” means the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012(2) 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 Act(3) 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 2001(6))—

(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