The Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2004

• Citation: S.I. 2004/226
• Sections: 5

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2004 and shall come into force on the day after that on which they are made.

(2) These regulations apply to the holding of referendums by local authorities in England.

Section 2 Amendment of conduct of referendums regulations

(1) The Local Authorities (Conduct of Referendums) (England) Regulations 2001 shall be amended as follows.

(2) In regulation 2(1), insert in the appropriate place in alphabetical order—

“the Combination of Polls Regulations ” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 ;

“European Parliamentary election” shall have the same meaning as in section 27(1) of the 1985 Act;

“local government election” shall have the same meaning as in section 203(1) of the 1983 Act ;

“mayoral election” shall have the same meaning as in the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 ;

“relevant election or referendum” means one or more of the following—

another referendum, (including a further referendum);

a Parliamentary election ;

a European Parliamentary election;

a local government election;

a mayoral election;

the poll at which is taken together with the poll at the referendum .”.

(3) For regulation 15(4), substitute—

(4) The 1985 Act and the Elections Regulations shall have effect subject to the further modifications provided for in Part I of Schedule 5.

(4A) The Principal Areas Rules shall have effect subject to the modifications set out in Part II of Schedule 5.

(4) In regulation 16—

(a) in paragraph (6), omit the words “the 1986 Regulations”; and

(b) omit paragraph (8).

(5) For regulation 17(4), substitute—

(4) Where the poll at a referendum is combined with the poll at another referendum, the Principal Areas Rules, modified as set out in Schedule 3 to those Rules shall have effect in relation to the referendum, subject to the modifications set out in Part II of Schedule 5; and a provision set out in column 1 of that Part and expressed to apply only in the circumstances there mentioned, and any modification shown in column 2 as applicable to any such provision, shall have effect only in those circumstances.

(6) Regulations 15(5), (7) and (9), and 16(4), (5) and (7) are revoked.

(7) For Schedule 5, substitute Schedule 5 as set out in the Schedule to these Regulations.

Section 1

For the purposes of combining the poll at—

(a) a Parliamentary general election ,

(b) a European Parliamentary election,

(c) a local government election,

(d) a mayoral election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002, or

(e) another referendum,

with the poll at a referendum, the provisions specified in column (1) of the Table below shall be modified as specified in column (2).

TABLE

In subsection (1), at the end of paragraph (c), insert

or

(d) a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2001 and—

(i) a parliamentary election,

(ii) a European Parliamentary election, or

(iii) an ordinary local government election,

In subsection (2), after “related areas”, insert “or the polls at elections and a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2001 for related areas”.

In subsection (4)—

after “elections” (in the first place where that word appears) insert “or, as the case may be, elections and a referendum”;

after “one election”, insert “or the referendum”; and

after “elections” (in the second place where that word appears), insert “or, as the case may be, the elections and the referendum”.

In subsection (5), after “any elections” insert “or at elections and a referendum under the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.

In paragraph 1, in sub-paragraph (1)—

in the definition of “the appropriate rules”, after paragraph (b), insert—

and

(c) in the case of a referendum, the LGA Referendum Rules, within the meaning of the Local Authorities (Conduct of Referendums) (England) Regulations 2001

after the definition of “local government election”, insert the following definition—

“referendum” means a referendum pursuant to the Local Authorities (Conduct of Referendums) (England) Regulations 2001

In paragraphs 2 to 7—

except in paragraphs 3(1), 3(2), 3(4)(a)(i), 6(3), 6(7), 6(8), 7(4)(a) and 7(6)(a)(i), after “local government election”, “local government elections”, “elections” and “election”, insert, as the context requires, “or a referendum,”“or referendums”, or “or the referendum”; and

for “an elector” in each case where it appears, substitute “a voter”.

In paragraphs 3(1) and 3(2) for “or at both”, substitute “or at referendums, or at any combination of such polls”.

In paragraphs 3(4)(a)(i) and 7(6)(a)(i), for “or both,”, substitute “or referendums, or at any combination of such polls”.

In paragraphs 6(7), 6(8) and 7(4)(a), for “or at both,”, insert “or at referendums, or at any combination of such polls”.

At the end of sub-paragraph (b), insert—

, or

(c) in the case of a referendum, such of those rules made under section 36 of the 1983 Act as are applied to that referendum (with or without modification) by the Local Authorities (Conduct of Referendums) (England) Regulations 2001

In paragraph (4), in sub-paragraph (b)—

after “for”, insert “all or any of”;

after “local government elections”, insert “or referendums, identifying those in respect of which it is made”; and

for “both”, substitute “referendums, or at any combination of such polls”.

In paragraph (5)—

after “election”, in each place, insert “or referendum”; and

for “elections”, substitute “polls”.

Substitute—

(65) Where the polls at elections or polls at an election and a referendum, or at two referendums are taken together, the proceedings on issue and receipt of postal ballot papers in respect of each election or, as the case may be the election and the referendum or each referendum may be taken together, if the returning officers or, as the case may be, the returning officer and the counting officer at the referendum or the counting officers concerned agree.

In sub-paragraph (a), after “the returning officer and his clerks”, insert “and in the case of a referendum, the counting officer and his clerks;”.

In sub-paragraph (b), after “candidate”, insert “at any relevant election or referendum or those persons who, in accordance with regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, are entitled to attend at the counting of the votes.”.

For paragraph (8), substitute—

(8) Where in this Part of these Regulations any act or thing is required or authorised to be done in the presence of the candidates or their agents or in the case of a referendum, the persons who, in accordance with regulation 13(5) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001, are entitled to attend at the counting of the votes, the non-attendance of any such persons or person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

In paragraph (5)—

after “one election”, insert “or referendum, or for an election or elections combined with a referendum or referendums”;

in sub-paragraph (a)—

after “elections”, insert “or referendums”; and

after “election”, insert “or referendum”.

In paragraph (6), for “the poll at one election is taken with the poll at another election”, substitute “polls are taken together”.

In paragraph (1)—

after “returning officer”, insert “or in the case of a referendum, the counting officer,”;

after “local government election”, insert “or referendum”;

after “the date of the election”, insert “or referendum”;

after “electoral area”, insert “or voting area”; and

for “election (or elections)”, substitute “poll (or polls)”.

In paragraph (2), after “election”, in the first two places where that word appears, insert “or referendum”.

After “European Parliamentary electoral region”, in each place where it appears, insert “voting area”.After “European Parliamentary election”, in each place where it appears, insert “and referendum”.

In paragraphs 1 and 2 of the note, after “election”, in each place where it appears, insert “or referendum”.

Section 44

The counting officer shall forthwith—

(a) declare the result of the referendum;

(b) inform the proper officer of the authority by or in respect of which the referendum was held of the result of the referendum; and

(c) give public notice of—

(i) the result of the referendum;

(ii) the number of ballot papers counted;

(iii) the total number of votes cast for each answer; and (iv) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

Section 49

If the poll at an election which is combined with the referendum is countermanded or abandoned as a result of the death one of the persons named or to be named as candidate in the ballot papers, the presiding officer shall take the like steps for the delivery to the returning officer, or counting officer, as the case may be, who is discharging the functions specified in regulation 5 of the Combination of Polls Regulations of the ballot boxes and of papers and other documents as he would be required to do if the poll at that election had not been abandoned, and the returning officer shall dispose of ballot papers used at that election and other documents in his possession as he is required to do on the completion in due course of the counting of votes, but—

(a) it shall not be necessary for any ballot paper account to be prepared or verified for that election, unless there is a discrepancy in the ballot paper account for the referendum; and

(b) it shall not be necessary to seal up counted and rejected ballot papers for that election in separate packets.