PART 2Provision relating to polls postponed due to coronavirus
CHAPTER 1Postal ballots
Application of regulations 3 to 5 to business referendumsI16
1
This regulation applies to a referendum, the poll for which was to be conducted in accordance with Schedule 7 to the 2012 Regulations (the business referendums rules), where—
a
a notice of the referendum was required to be published on or before 6th April 2020, and
b
the poll for that referendum was not held on the date required to be stated in that notice as a result of the Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020.
2
Regulations 3 to 5 apply to a referendum to which this regulation applies as they apply to a relevant referendum, subject to the following modifications.
3
Regulation 3(5) is to be read as if the reference to regulation 84A of the 2001 Regulations were a reference to rule 33 of Part 5 of Schedule 7 to the 2012 Regulations.
4
Regulation 4 is to be read as if—
a
a reference to Part 5 of the 2001 Regulations were a reference to Part 5 of Schedule 7 to the 2012 Regulations;
b
in paragraph (1)(b)(iii), at the end there were inserted “referred to in rule 29(1)(b) of Schedule 7 to the 2012 Regulations”;
c
in paragraph (4)—
i
in sub-paragraph (a)—
aa
in paragraph (iv), the reference to regulation 77(8), 78(4) or 78A(3) of the 2001 Regulations were a reference to rule 25(7), 26(9) or 24(5) of Schedule 7 to the 2012 Regulations;
bb
in paragraphs (v) and (vi), for “(verification procedure)” there were substituted “after verification procedure”;
cc
for paragraph (viii) there were substituted—
viii
any copy of the business voting register marked in accordance with rule 20(2) of Schedule 7 to the 2012 Regulations;
ii
in sub-paragraph (b)—
aa
in paragraph (i), the reference to regulations 75(1), 77(6), 78(2C) and 78A(2)(c) of the 2001 Regulations were a reference to rules 22(1), 24(1) and (3), 25(6), 26(8) and 32(10) of Schedule 7 to the 2012 Regulations;
bb
paragraph (ii) were omitted;
d
in paragraph (5), for sub-paragraph (d) there were substituted—
d
the words “neighbourhood planning business referendum” and the name of the neighbourhood area to which the business referendum relates.
e
in paragraph (6), “or (5), as the case may be,” were omitted;
f
for paragraph (7) there were substituted—
7
In paragraph (6), the reference to subsection (4) of section 36 of the 1983 Act is to that section as applied by regulation 17(5) of, and Schedule 8 to, the 2012 Regulations.
g
in paragraph (8), the definitions of “electoral area”, “postal voters list”, “proxy postal voters list” and “relevant council” were omitted.
5
Regulation 5 is to be read as if—
a
in paragraph (2), “and (b)(ii)” were omitted;
b
for paragraph (3) there were substituted—
3
Paragraphs (2) to (8) of rule 72 of Schedule 7 to the 2012 Regulations apply to an order described in paragraph (2) as they apply to an order under rule 72, subject to the modification that a reference in those paragraphs to counted ballot papers is to be read as if it were a reference to the documents described in regulation 4(4)(a)(i) to (iii) and (v) to (vii).
c
for paragraph (5) there were substituted—
5
In paragraph (4), references to section 176 of the 1983 Act are to that section as applied by regulation 17(5) of, and Schedule 8 to, the 2012 Regulations.
d
after paragraph (6) there were inserted—
7
In paragraph (6), the reference to section 54 of the 1983 Act is to that section as applied by regulation 17(5) of, and Schedule 8 to, the 2012 Regulations.