The Local Authorities (Conduct of Referendums)(England) Regulations 2012

Publicity and other information in connection with referendums

4.—(1) Subject to paragraph (2), the proper officer must, not fewer than 56 days before the date on which the referendum will be held in accordance with sub-paragraph (c)(ii) below, publish in such a manner as he or she considers likely to bring to the attention of persons who live in the local authority area a notice which contains—

(a)a statement that, as the case may be—

(i)proposals under section 9MA (Referendum: proposals by local authority); or

(ii)proposals under regulation 17(2) of the Petitions Regulations; or

(iii)any proposals required under an order under section 9ME or 9N,

have been drawn up;

(b)a description of the main features of any proposals;

(c)a statement—

(i)that a referendum will be held;

(ii)of the date on which the referendum will be held;

(iii)in a case to which regulation 10(1) or (5) applies, that the poll in the referendum will be taken together with the poll or polls in an election or elections of a description which is to be specified in the statement;

(iv)of the question to be asked in the referendum;

(v)that the referendum will be conducted in accordance with procedures similar to those used at local government elections;

(vi)of the referendum expenses limit (as defined in regulation 6(1)) that will apply in relation to the referendum and the number of local government electors by reference to which that limit has been calculated;

(vii)of the address and times at which a copy of any proposals may be inspected;

(viii)of the procedures for obtaining a copy of any proposals; and

(ix)if the proper officer then knows that the poll in the referendum (whether or not it is to be taken together with the poll in an election) will be taken together with the poll in a referendum for another area, that the polls will be taken together for the two (or more) areas, which are to be specified in the statement.

(2) At least 14 days before the day on which the proper officer of an authority publishes a notice in accordance with paragraph (1) that proper officer must, by notice in writing, advise—

(a)if that person is the proper officer of a county council, the proper officer of the council of each district comprised in the county;

(b)if that person is the proper officer of a district council comprised in an area for which there is a county council, the proper officer of—

(i)the council of the county in which the district lies; and

(ii)each of the district councils in that county,

that that person intends to publish a notice under paragraph (1) and the date of the referendum to be held in the area.

(3) It is the duty of each proper officer—

(a)to whom notice has been given under paragraph (2); and

(b)whose council are considering the holding of a referendum in their area,

to consider whether it would be practicable to combine that referendum with the one of which such notice has been given; and each such officer must reply to the notice within seven days of its receipt, indicating whether that proper officer’s authority wish to combine their referendum with that to which the notice refers.

(4) Unless the notice required to be published by paragraph (1) (“the first notice”) is published fewer than 74 days before the date of the referendum, the proper officer must publish a second notice containing the particulars specified in paragraph (1)(c)(i)-(viii) and, if paragraph (1)(c)(ix) applies (whether or not it applied in relation to the first notice, if any), the particulars specified in that paragraph.

(5) The second notice is to be published—

(a)in the same manner as was used for the publication of the first notice; and

(b)not more than 55 days and not fewer than 28 days before the date of the referendum.

(6) The authority must make available for inspection throughout the referendum period, at the address and times stated in the notice, and free of charge, a copy of any proposals, and must secure that sufficient copies are available for persons who wish to obtain copies.

(7) The authority may provide (whether or not in pursuance of any duty to do so) any other factual information relating to any proposals or the referendum so far as it is presented fairly.

(8) In determining for the purposes of paragraph (7) whether any information is presented fairly, regard is, in accordance with section 9Q, to be had to any guidance for the time being issued by the Secretary of State under that section.

(9) The date on which the notice required to be published by paragraph (1) is published is “the notification date”.