Citation and commencementE+W

1.  These Regulations may be cited as the Neighbourhood Planning (Referendums) Regulations 2012 and come into force on the day after the day on which they are made.

InterpretationE+W

2.—(1) In these Regulations—

“the 1983 Act” means the Representation of the People Act 1983 M3;

“the 1990 Act” means the Town and Country Planning Act 1990;

“the 2004 Act” means the Planning and Compulsory Purchase Act 2004;

[F1“business referendum” means the additional referendum referred to in paragraph 15 of Schedule 4B to the 1990 Act;]

“counting observer” means the person appointed to that position under rule 19 of the Neighbourhood Planning Referendums Rules or rule 19 of the Neighbourhood Planning Referendums (Combination of Polls) Rules;

“counting officer” means the person referred to in regulation 9;

“electoral area” has the meaning given in section 203(1) of the 1983 Act M4;

F2...

“GLA election” means the election of a Mayor of London or a member of the London Assembly in accordance with Part 1 of the Greater London Authority Act 1999 M5;

“local government election” means the election of a councillor for any electoral area;

“local referendum” means—

“mayoral election” means the election for the return of an elected mayor as defined by section 9H of the Local Government Act 2000 M6;

“neighbourhood plan” means a neighbourhood development plan as defined in section 38A of the 2004 Act;

“police and crime commissioner election” means the election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 M7;

“polling observer” means the person appointed to that position under rule 19 of the Neighbourhood Planning Referendums Rules or rule 19 of the Neighbourhood Planning Referendums (Combination of Polls) Rules;

“proper officer” must be construed in accordance with section 270(3) of the Local Government Act 1972 M8;

“referendum”, except in the definition “local referendum”, means a referendum required to be held as a result of paragraph 12(4) of Schedule 4B, or paragraph 10(3) of Schedule 4C, to the 1990 Act;

“referendum period” means the period beginning with the date on which the information statement and documents required to be published by regulation 4(1) are published and ending on the date on which the referendum is held; and

“relevant election” means—

[F3“residential referendum” means the referendum referred to in paragraph 14(2) of Schedule 4B to the 1990 Act.]

(2) A reference in these Regulations to a neighbourhood development order includes a community right to build order except in so far as the contrary intention appears M9.

[F4Date by which referendum must be heldE+W

2A.—(1) The referendum must be held on or before the date prescribed in paragraph (2).

(2) The date prescribed in this paragraph is—

(a)where—

(i)regulation 10 applies,

(ii)regulation 16 applies, or

(iii)regulation 17 applies,

the date which is the last day of the period of 84 days beginning with the day immediately following the day on which the decision that the referendum must be held is first published in accordance with paragraph 12(11) of Schedule 4B to the 1990 Act;

(b)in all other cases, the date which is the last day of the period of 56 days beginning with the day immediately following the day on which that decision is first published in accordance with that paragraph.

(3) Paragraph (1) does not apply where—

(a)the local planning authority and the qualifying body agree that the referendum need not be held by the date prescribed in paragraph (2);

(b)the poll at the referendum is taken on the same day as another poll in accordance with regulation 11 (whether or not the polls are taken together), provided that day is no later than the date 65 days from the date prescribed in paragraph (2);

(c)proceedings for questioning the decision that the referendum must be held have been brought in accordance with section 61N(2) of the 1990 Act before the date prescribed in paragraph (2).

(4) The days mentioned in paragraph (5) are to be disregarded in calculating any date referred to in this regulation.

(5) The days mentioned in this paragraph are—

(a)a Saturday or Sunday,

(b)Christmas Eve, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England, and

(c)any day appointed as a day of public thanksgiving or mourning in England.]

Question to be asked in a referendumE+W

3.  The question to be asked in the referendum is, where the proposal in relation to which the referendum is to be held is—

(a)a neighbourhood plan, the question set out in paragraph 1 of Schedule 1;

(b)a neighbourhood development order, other than a community right to build order, the question set out in paragraph 2 of Schedule 1;

(c)a community right to build order, the question set out in paragraph 3 of Schedule 1.

Information to be made available in relation to referendumsE+W

4.—(1) F5...The proper officer of the relevant council M10 must ensure the information statement and the specified documents are—

(a)published on the website of the relevant council; and

(b)made available during the referendum period for inspection—

(i)at the principal offices of the relevant council; and

(ii)where the relevant council controls any premises which are open to the public in the referendum area, at such of those premises as the council considers appropriate having regard to the desirability of ensuring a geographical distribution of premises where the statement and documents are made available, provided that in all cases they are available at least at one such premises[F6; and

(c)where regulation 17 applies, and subject to paragraph (3A), made available during the referendum period in such other manner if any as the proper officer considers necessary to bring them to the attention of persons likely to be entitled to vote in the business referendum.]

[F7(1A) The information statement and the specified documents must be published in accordance with paragraph (1)(a) not fewer than—

(a)where regulation 17 applies, 56 days before the date on which the referendums will be held (subject to paragraph 3A)); or

(b)in any other case, 28 days before the date on which the referendum will be held.

(1B) Where regulation 17 applies (and subject to paragraph (3B)), the information statement and specified documents must be published on the same date in respect of each of the referendums.]

(2) The information statement and the specified documents published in accordance with paragraph (1) must, as far as reasonably practicable, remain available throughout the referendum period in the form in which they were originally published.

(3) For the purposes of this regulation—

(a)“the information statement” is a statement that specifies—

(i)that a referendum will be held [F8and, where regulation 17 applies, that two referendums will be held on the same date one of which is a business referendum;]

(ii)the date on which the referendum [F9or referendums] will be held;

(iii)the question to be asked in the referendum [F10or referendums];

(iv)a map of the referendum area;

(v)where the referendum area is not identical to the neighbourhood area, a map of the neighbourhood area;

[F11(vi)a description of persons entitled to vote in the referendum and, where regulation 17 applies, each of the referendums;

(vii)the referendum expenses limit that will apply in relation to the referendum or, where regulation 17 applies, as the overall limit for both referendums, and the number of persons by reference to which that limit has been calculated;

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

(ix)the address and times at which a copy of the specified documents can be inspected, including, where regulation 17 applies, the specified documents relating to the business referendum; and]

(b)“the specified documents” are—

(i)the draft neighbourhood plan or neighbourhood development order;

(ii)the report made by the independent examiner under paragraph 10 of Schedule 4B to the 1990 (in the case of a neighbourhood plan, as applied by section 38A(3) of the 2004 Act);

(iii)a summary of any representations submitted to the independent examiner pursuant to paragraph 9 of Schedule 4B to the 1990 Act;

(iv)a statement—

(aa)in the case of a draft neighbourhood development order (excluding a community right to build order), that the local planning authority are satisfied the order meets the basic conditions mentioned in paragraph 8(2) of Schedule 4B to the 1990 Act and complies with the provision made by or under sections 61E(2), 61J and 61L of that Act, or

(bb)in the case of a draft neighbourhood plan, that the local planning authority are satisfied the draft plan meets those basic conditions and complies with the provision made by or under sections 38A and 38B of the 2004 Act; or

(cc)in the case of a community right to build order, that the independent examiner has recommended that the draft order is submitted to a referendum under paragraph 10(3) of Schedule 4C to that Act;

(v)a statement that sets out general information as to town and country planning (including neighbourhood planning) and the referendum, which is prepared having regard to any guidance issued by the Secretary of State; and

(vi)in the case of a community right to build order, a statement that sets out details of any enfranchisement right M11 which are not to be exercisable in relation to land the development of which is to be authorised by the draft order, and the properties, or types of properties, in relation to which, the qualifying body proposes that right is not exercisable.

[F12(3A) Where regulation 17 applies, the referendum expenses limit in paragraph (3)(a)(vii) shall be published and made available in accordance with paragraph (1) as soon as practicable after the initial registration list is received by the business registration officer.

(3B) Where regulation 17 applies, this regulation does not require publication or making available of more than one statement, nor of the same document more than once, except in so far as is necessary to bring the information set out in paragraph (3) in respect of both referendums to the attention of persons entitled to vote in either of the referendums.

(3C) In this regulation “referendum expenses limit” has the same meaning as in regulation 6(1).]

(4) The days mentioned in paragraph (5) are to be disregarded in calculating the period F13... referred to in paragraph (1).

(5) The days mentioned in this paragraph are—

(a)a Saturday or Sunday,

(b)Christmas Eve, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England, and

(c)any day appointed as a day of public thanksgiving or mourning in England.

Restriction on publication etc of promotional materialE+W

5.—(1) This regulation applies to any material which—

(a)provides general information about the referendum;

(b)deals with any of the issues raised by the question to be asked in the referendum; or

(c)puts any arguments for or against a particular answer to that question.

(2) No material to which this regulation applies is to be published by or on behalf of—

(a)the relevant council, or

(b)the local planning authority for the referendum area, where that is not the relevant council,

during the referendum period.

(3) Paragraph (2) does not apply to—

(a)material required to be published under regulation 4, or

(b)the publication of press notices containing factual information where the sole purpose of the publication is to refute or correct any inaccuracy in material published by a person other than the relevant council.

(4) In this regulation “publish” means make available to the public, or to any section of the public, in whatever form and by whatever means (including, in particular, by inclusion in any programme included in a programme service within the meaning of the Broadcasting Act 1990) M12; and “publication” is to be construed accordingly.

General restriction on referendum expensesE+W

6.—(1) In this regulation and in regulation 7—

“campaign organiser” means an individual or body by whom, or on whose behalf, referendum expenses are incurred (including expenses treated as incurred) in connection with a referendum campaign;

[F14“initial registration list” means the information provided by a billing authority to a business registration officer in accordance with paragraph 13 of Schedule 6 and includes any corrections or alterations made to it in accordance with the provisions of that Schedule;]

“referendum campaign” means a campaign conducted with a view to promoting or procuring a particular outcome in relation to the question to be asked in a referendum;

“referendum expenses” means the expenses incurred by or on behalf of any individual or body during the referendum period for referendum purposes in respect of any of the matters set out in paragraphs 1 to 7 of Schedule 2, as read in accordance with paragraph 8 of that Schedule;

“referendum expenses limit” is calculated using the formula—

[F15where N is—

“for referendum purposes” means—

[F16“relevant register” means the part or parts of the register or registers of local government electors kept in accordance with section 9(1) of the 1983 Act which has or have effect in respect of the referendum 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).]

(2) The total referendum expenses incurred or, in accordance with regulation 7, treated as incurred, by, or on behalf of, a campaign organiser must not exceed the referendum expenses limit.

(3) Where any referendum expenses are incurred in excess of the referendum expenses limit, a person who knew or ought reasonably to have known that that limit would be exceeded, or who, without reasonable excuse, authorises another person to exceed that limit, is guilty of an offence.

(4) Where an offence under paragraph (3) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any other person purporting to act in such capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished accordingly.

(5) A person who commits an offence under paragraph (3) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding [F17the general limit in a magistrates’ court] or both, or

(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding 12 months or both.

(6) In relation to an offence committed before [F182nd May 2022], the reference in paragraph (5)(a) to [F19the general limit in a magistrates’ court] is to be read as a reference to 6 months.

(7) Where information is given to the Director of Public Prosecutions (“the DPP”) that an offence under paragraph (3) has been committed, it is the DPP's duty to make such inquiries and institute such prosecutions as the circumstances of the case appear to the DPP to require.

(8) Nothing in paragraph (2) affects the right of any creditor who, when the expenses were incurred, was ignorant of that expense being in contravention of that paragraph.

Notional referendum expensesE+W

7.—(1) This regulation applies where property, services or facilities provided for the use or benefit of any person either—

(a)free of charge, or

(b)at a discount of more than 10 per cent of the commercial rate for the use of the property or for the provision of the services or facilities,

is or are made use of by or on behalf of that person in circumstances such that, if any expenses were to be (or are) actually incurred by that person or on that person's behalf in respect of that use, they would be (or are) referendum expenses incurred by that person or on that person's behalf.

(2) Subject to paragraph (5), where this regulation applies, an amount of referendum expenses determined in accordance with paragraph (3) is, unless it is not more than £200, to be treated for the purposes of regulation 6 as incurred by that person for the period for which the property, services or facilities is or are made use of as mentioned in paragraph (1).

(3) The amount mentioned in paragraph (2) is such proportion of either—

(a)the commercial rate for use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided free of charge), or

(b)the difference between that commercial rate and the amount of the expenses actually incurred by or on behalf of that person in respect of the use of the property or the provision of the services or facilities (where the property, services or facilities is or are provided at a discount),

as is reasonably attributable to the use made of the property, services or facilities as mentioned in paragraph (1).

(4) Where the services of an employee are made available by that employee's employer for the use or benefit of a person, the amount which is to be taken as constituting the commercial rate for the provision of those services is the amount of the remuneration or allowances payable to the employee by the employer in respect of the period for which the employee's services are made available (but that amount is not to include any amount in respect of contributions or other payments for which the employer is liable in respect of that employee).

(5) No amount of referendum expenses is to be regarded as incurred by virtue of paragraph (2) in respect of the provision by any individual of the individual's own services which the individual provides voluntarily in that individual's own time and free of charge.

Conduct of referendum: poll at referendum not taken together with poll at relevant election or referendumE+W

8.—(1) This regulation applies, in relation to the [F20residential] referendum, where the poll is not taken together with the poll at a relevant election.

(2) The referendum is to be conducted in accordance with the Neighbourhood Planning Referendums Rules (set out in Schedule 3).

(3) The enactments mentioned Tables 1 to 6 of Schedule 4 have effect in relation to the referendum, subject to—

(a)unless the context otherwise requires, the general modifications specified in paragraph (4), and

(b)the modifications specified in those Tables.

(4) The general modifications are—

(a)a reference to an election must be construed as a reference to the referendum;

(b)a reference to a returning officer must be construed as a reference to the counting officer;

(c)a reference to a constituency, an electoral division or a ward, or a reference to a voting area must be construed as a reference to the referendum area;

(d)a reference to any local authority by or in respect of which an election is held must be construed as a reference to the relevant council;

(e)a reference to voting for, or a vote for, a candidate must be construed as a reference to voting for, or a vote for, an answer;

(f)a reference to promoting or procuring the election of a candidate, or furthering a person's candidature, must be construed as a reference to promoting or procuring a particular result in the referendum;

(g)references to nomination papers and, except as mentioned in sub-paragraphs (e) and (f), references to candidates, are ignored;

(h)a reference to the return of a person must be construed as a reference to a particular result in the referendum;

(i)a reference to a person voting as an elector must be construed as a person voting on their own behalf;

(j)a reference to a person's entitlement as an elector to an absent vote must be construed as a reference to a person's entitlement to vote by post on their own behalf or to vote by proxy;

(k)where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents is ignored;

(l)a reference to anything having been prescribed must be construed as a reference to its being provided for by a provision of subordinate legislation applied by these Regulations;

(m)a form which is required to be used may be used with such variations as the circumstances require;

(n)a reference to the registration officer, in relation to a district, London borough, the Common Council of the City of London or the Isles of Scilly, is a reference to the relevant registration officer appointed under section 8 or 203(4) of the 1983 Act M13, and for the purpose of the exercise of a registration officer's functions in relation to the referendum, section 52(1) to (4) (discharge of registration duties) and section 54(1), (3) and (4) (payment of expenses of registration) of that Act have effect;

(o)any reference to an enactment or instrument made under an enactment must be construed as a reference to that enactment or instrument as applied by these Regulations;

(p)so much of any provision as applies to an election petition is ignored;

(q)so much of any provision as applies only in Scotland, Wales or Northern Ireland is ignored.

Counting officerE+W

9.—(1) Where the relevant council is not the Common Council of the City of London, functions conferred by these Regulations on the counting officer are to be exercised in the referendum area by the person who is for the time being the returning officer at local government elections in which the referendum area is situated under section 35(1) or (3) of the 1983 Act M14.

(2) Where the relevant council is the Common Council of the City of London, functions conferred by these Regulations on the counting officer are to be exercised by the person who is for the time being appointed by the Common Council to act as the counting officer of the referendum.

(3) It is the counting officer's general duty at the referendum to do all such acts and things as may be necessary for effectually conducting the referendum in the manner provided by these Regulations.

(4) The counting officer must also appoint and pay any such persons as may be necessary for the purpose of the counting of the votes.

Cross-boundary referendum areas and the Chief Counting OfficerE+W

10.—(1) This regulation applies where the referendum area comprises any part of the area of more than one relevant council.

(2) Where under these Regulations a proper officer is required to publish any notice or document, that notice or document must be published in the same manner and on the same date in respect of each relevant council.

(3) Where paragraph (2) applies, the decision as to the manner and date of the publicity required is to be made by the proper officers of the relevant councils jointly or, if they cannot agree, by the proper officer of the relevant council in whose portion of the referendum area the greater or greatest (as the case may be) number of local government electors is registered.

(4) Where this regulation applies—

(a)the relevant council in whose portion of the referendum area the greater or greatest (as the case may be) number of local government electors is registered, or

(b)such other relevant council as both or all (as the case may be) the councils agree,

must appoint a person to be Chief Counting Officer in relation to the referendum.

(5) The Chief Counting Officer may give, to a counting officer, directions relating to the discharge of the counting officer's functions at the referendum, including directions requiring the provision to the Chief Counting Officer of any information which the counting officer has or is entitled to have and directions requiring them to take specified steps in preparation for the referendum.

(6) It is the duty of a counting officer to whom directions are given under paragraph (5) to discharge that counting officer's functions at the referendum in accordance with the directions.

(7) In relation to the discharge of all or any of the functions of the Chief Counting Officer in relation to the referendum, the Chief Counting Officer may, in writing, appoint—

(a)deputies;

(b)clerks.

Combination of polls: generalE+W

11.—[F21(1) Where the poll at a residential referendum would be taken on a day that falls within the period beginning 28 days before the day on which the poll is to be taken at a relevant election—

(a)the poll at the referendum (or at both the residential referendum and the business referendum, where an additional referendum is required to be held in accordance with paragraph 12(4) of Schedule 4B to the 1990 Act) may be taken on the day on which the poll is to be taken at the relevant election; and

(b)the poll at the residential referendum may be taken together with the poll at the relevant election if the returning officer or counting officer for the relevant election and the counting officer for the referendum think fit.]

[F22(2) Where the poll at a residential referendum would be taken on a day that falls within the period beginning 28 days before the day on which the poll is to be taken at another residential referendum—

(a)the poll at the referendum (or at both the residential referendum and the business referendum, where an additional referendum is required to be held in accordance with paragraph 12(4) of Schedule 4B to the 1990 Act) may be taken on the day on which the poll is to be taken at the other residential referendum; and

(b)the poll at both the residential referendums may be taken together if the counting officer thinks fit.]

(3) The cost of taking the combined polls (excluding any cost solely attributable to one election or referendum) and any cost attributable to their combination are to be apportioned equally among the elections or referendums.

Combination of polls: conduct of referendumE+W

12.—(1) This regulation applies, [F23in relation to a residential referendum], where polls are taken together in accordance with regulation 11.

(2) The poll at the referendum is to be conducted in accordance with the Neighbourhood Planning Referendums (Combination of Polls) Rules (set out in Schedule 5).

(3) The enactments mentioned in Tables 1 to 6 of Schedule 4 have effect, in relation to the referendum, subject to—

(a)unless the context otherwise requires, the general modifications in regulation 8(4), and

(b)the modifications specified in those Tables.

(4) The enactments mentioned in Part 2 of Schedule 4 have effect, in relation to the referendum, subject to the modifications specified in that Part.

(5) Where the polls at a relevant election are held on the same day as the referendum, a person who is entitled to vote at the referendum is to be treated as being entitled to vote by post, or to vote by proxy, at the referendum where that person is entitled under the absent voter legislation to vote by post, or to vote by proxy, at the relevant election.

(6) In paragraph (5), “absent voter legislation” means one or more of the following—

(a)Schedule 4 to the Representation of the People Act 2000 M15; [F24and]

(b)Schedule 2 to the Police and Crime Commissioner Elections Order 2012 M16; F25...

F25(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Combination of polls: supplementary provisions relating to relevant electionsE+W

13.—(1) This regulation applies, in relation to the relevant election, where polls are taken together in accordance with regulation 11.

(2) The enactments mentioned in Tables 2, 3 and 6 of Part 1 and Parts 2 and 3 of Schedule 4, have effect, in relation to the relevant election taken together with the referendum, subject to—

(a)unless the context otherwise requires, the general modifications specified in paragraph (3), and

(b)the modifications specified in Tables 2, 3 and 6 and Parts 2 and 3.

(3) The general modifications are—

(a)a reference to an election must be construed as including the referendum;

(b)a reference to a returning officer must be construed as including the counting officer;

(c)a reference to a constituency, an electoral division or a ward, or a reference to a voting area must be construed as including the referendum area;

(d)a reference to any local authority by or in respect of which an election is held must be construed as including the relevant council;

(e)a reference to voting for, or a vote for, a candidate must be construed as including voting for, or a vote for, an answer;

(f)a reference to promoting or procuring the election of a candidate, or furthering a person's candidature, must be construed as including promoting or procuring a particular result in the referendum;

(g)a reference to the return of a person must be construed as including a particular result in the referendum;

(h)a reference to a person voting as an elector must be construed as including a person voting on their own behalf;

(i)a reference to a person's entitlement as an elector to an absent vote must be construed as including a person's entitlement to vote by post on their own behalf or to vote by proxy;

(j)a reference to anything having been prescribed must be construed as including its being provided for by a provision of subordinate legislation applied by these Regulations;

(k)a form which is required to be used may be used with such variations as the circumstances require;

(l)a reference to the registration officer, in relation to a district, London borough, the Common Council of the City of London or the Isles of Scilly, includes a reference to the relevant registration officer appointed under section 8 or 203(4) of the 1983 Act, and for the purpose of the exercise of a registration officer's functions in relation to the referendum, section 52(1) to (4) (discharge of registration duties) and section 54(1), (3) and (4) (payment of expenses of registration) of that Act have effect;

(m)any reference to an enactment or instrument made under an enactment must be construed as including that enactment or instrument as applied by these Regulations.

AdvertisementsE+W

14.  The Town and Country Planning (Control of Advertisements) Regulations 2007 M17 have effect in relation to the display on any site in a referendum area of an advertisement relating specifically to the referendum as they have effect in relation to the display of an advertisement relating specifically to a local government election.

Non-domestic rating: premises used for referendum purposesE+W

15.  In relation to premises in a referendum area, section 65(6) of the Local Government Finance Act 1988 M18 has effect as if—

(a)the reference to public meetings in furtherance of a person's candidature at an election included a reference to public meetings promoting a particular result in the referendum, and

(b)the reference to the use by a returning officer for the purpose of taking the poll in an election included a reference to the use for the purpose of taking the poll in the referendum by a person exercising functions of a counting officer in accordance with regulation 9.

Referendums not arranged by the local planning authorityE+W

16.  If any relevant council is not the local planning authority, the relevant council and the local planning authority must co-operate in relation to the holding of referendums, and in particular—

(a)the proper officer of the local planning authority must inform the proper officer of the relevant council as soon as they know that a referendum is required to be held by paragraph 12(4) of Schedule 4B, or paragraph 10(3) of Schedule 4C, to the 1990 Act;

(b)the proper officer of the local planning authority must promptly provide to the proper officer of the relevant council—

(i)a summary of written representations, and

(ii)any information or copies of documents held by the local planning authority,

which the proper officer of the relevant council requires to comply with regulation 4;

(c)the proper officers of the local planning authority and the relevant council must each respond as soon as reasonably practicable to any request for information from the other in connection with the holding of the referendum; and

(d)the proper officer of the relevant council must, as soon as reasonably practicable, inform the proper officer of the local planning authority of the result of the referendum.

[F26Business referendumsE+W

17.—(1) This regulation applies where a business referendum is required to be held.

(2) The business referendum must be held on the same date as the corresponding residential referendum.

(3) Schedule 6 is to have effect.

(4) The poll at the business referendum is to be conducted in accordance with the Neighbourhood Planning Business Referendums Rules as set out in Schedule 7.

(5) The provisions mentioned in the Tables in Schedule 8 have effect in relation to the business referendum subject to—

(a)unless the context otherwise requires the general modifications specified in paragraph (6), and

(b)the modifications specified in those Tables.

(6) The general modifications are—

(a)a reference to an election must be construed as a reference to the business referendum;

(b)a reference to a returning officer must be construed as a reference to the counting officer;

(c)a reference to a register or a register of parliamentary or local government electors must be construed as a reference to the business voting register;

(d)a reference to a constituency, an electoral division or a ward, or a reference to a voting area must be construed as a reference to the referendum area;

(e)a reference to any local authority by or in respect of which an election is held must be construed as a reference to the relevant council;

(f)a reference to voting for, or a vote for, a candidate must be construed as a reference to voting for, or a vote for, an answer;

(g)a reference to promoting or procuring the election of a candidate, or furthering a person’s candidature, must be construed as a reference to promoting or procuring a particular result in the business referendum;

(h)a reference to the return of a person must be construed as a reference to a particular result in the business referendum;

(i)a reference to an elector or a proxy must be construed as a reference to a business vote holder or a named voter;

(j)where anything is required to be done in the presence of election, polling, counting or other agents, the reference to the presence of agents is ignored;

(k)a reference to anything having been prescribed must be construed as a reference to its being provided for by a provision of subordinate legislation applied by these Regulations;

(l)a form which is required to be used may be used with such variations as the circumstances require;

(m)a reference to the registration officer, in relation to a district, London borough, the Common Council of the City of London or the Isles of Scilly, is a reference to the business registration officer;

(n)any reference to an enactment or instrument made under an enactment must be construed as a reference to that enactment or instrument as applied by these Regulations;

(o)so much of any provision as applies to an election petition is ignored;

(p)so much of any provision as applies only in Scotland, Wales or Northern Ireland is ignored.

(7) In this regulation—

“business voting register” has the same meaning as in Schedule 6;

“corresponding residential referendum” has the same meaning as in Schedule 7.]

Regulation 3

SCHEDULE 1E+WQuestion to be asked in a referendum

1.  Do you want [insert name of local planning authority] to use the neighbourhood plan for [insert name of neighbourhood area] to help it decide planning applications in the neighbourhood area?E+W

2.  Do you want the type of development in the neighbourhood development order for [insert name of neighbourhood area] to have planning permission?E+W

3.  Do you want the development in the community right to build order for [insert name of neighbourhood area] to have planning permission?E+W

Regulation 6

SCHEDULE 2E+WMatters relevant to referendum expenses

1.  Advertising of any nature (whatever the medium used):E+W

Expenses in respect of such advertising include agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.

2.  Unsolicited material addressed to voters (whether addressed to them by name or intended for delivery to households within any particular area or areas):E+W

Expenses in respect of such material include design costs and other costs in connection with preparing, producing or distributing such material (including the cost of postage).

3.  Any material of a description referred to in regulation 5(1).E+W

4.  Market research or canvassing conducted for the purposes of ascertaining voting intentions.E+W

5.  The provision of any property, services or facilities in connection with press conferences or other dealings with the media.E+W

6.  Transport (by any means) of persons to any place or places with a view to obtaining publicity in connection with a referendum campaign:E+W

Expenses in respect of the transport of such persons include the costs of hiring a particular means of transport for the whole or part of the referendum period.

7.  Rallies and other events, including public meetings organised so as to obtain publicity in connection with a referendum campaign or for other purposes connected with a referendum campaign.E+W

Expenses in respect of such events include costs in connection with the attendance of persons at such events, the hire of premises for the purposes of such events or the provision of goods, services or facilities at them.

8.  Nothing in paragraphs 1 to 7 is to be taken as extending to—E+W

(a)any expenses in respect of any property, services or facilities so far as those expenses fall to be met out of public funds;

(b)any expenses incurred in respect of the remuneration or allowances payable to any member of staff of the campaign or the campaign organiser;

(c)any expenses incurred in respect of an individual by way of travelling expenses (by any means of transport) or in providing for that individual's accommodation or other personal needs to the extent that the expenses are paid by the individual from that individual's own resources and are not reimbursed to the individual.

Regulation 8

SCHEDULE 3E+WTHE NEIGHBOURHOOD PLANNING REFERENDUMS RULES

PART 1E+WCitation and Interpretation

CitationE+W

1.  These Rules may be cited as the Neighbourhood Planning Referendums Rules.

InterpretationE+W

2.—[F27(1) In these Rules—

“anonymous elector’s document” and “temporary electoral identity document” have the meanings given in regulation 3(1) of the Voter Identification Regulations 2022;

“voter” means a person entitled to vote on their own behalf.]

(2) References to the register of local government electors (other than a reference to a person's number on the register) must be construed as references to the part or parts of the register or registers of local government electors which has or have effect in respect of the referendum area.

(3) References to the relevant registration officer are to—

(a)the registration officer of the relevant council;

(b)if the referendum area comprises any part of the area of more than one relevant council, the registration officer of the relevant council in whose portion of the referendum area the greater or greatest (as the case may be) number of electors is registered.

(4) Other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections) have the same meaning in these Rules as they have in that Act.

PART 2E+WProvisions as to Time

TimetableE+W

3.  The proceedings at the referendum are to be conducted in accordance with the following Timetable.

Computation of timeE+W

4.  In computing any period of time for the purposes of the Timetable the days mentioned in regulation 4(5) are to be disregarded, and any such day is not to be treated as a day for the purpose of any proceedings up to the completion of the poll nor is the counting officer obliged to proceed with the counting of the votes on such a day.

PART 3E+WGeneral Provisions

Notice of referendumE+W

5.—(1) The counting officer must publish notice of the referendum, stating the date of the poll.

(2) The notice of referendum must state the date by which—

(a)applications to vote by post or by proxy; and

(b)other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the referendum.

Poll to be taken by ballotE+W

6.  A poll must be taken at the referendum and the votes at the poll must be given by ballot.

The ballot papersE+W

7.—(1) The ballot of every person entitled to vote at the referendum must consist of a ballot paper.

(2) Every ballot paper to be used in the referendum must be in the form set out in Form 1, 2 or 3 in the Appendix (as the case may be).

(3) Every ballot paper—

(a)must be capable of being folded up; and

(b)must have a number and other unique identifying mark printed on the back.

The corresponding number listE+W

8.—(1) The counting officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by the counting officer in pursuance of rule 14(1) or provided by that person in pursuance of rule 18(1).

(2) The list must be in the form set out in Form 4 in the Appendix or a form to like effect.

The official markE+W

9.—(1) Every ballot paper must contain an appropriate security marking (the official mark).

(2) The official mark must be kept secret.

(3) The counting officer may use a different official mark for different purposes at the same referendum.

Prohibition of disclosure of voteE+W

10.  No person who has voted at the referendum is, in any legal proceeding to question the referendum, required to state for which answer that person has voted.

Use of schools and public roomsE+W

11.—(1) The counting officer may use, free of charge, for the purpose of taking the poll or counting the votes—

(a)a room in a school maintained or assisted by a local authority (as defined in the Education Act 1996 M19) or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

(b)a room the expense of maintaining which is payable out of any rate.

(2) The counting officer must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll or counting the votes.

Cross-boundary referendum areasE+W

12.—(1) This rule applies where the referendum area comprises any part of the area of more than one relevant council.

(2) Where this rule applies, the Chief Counting Officer must ensure, as far as practicable, that any ballot paper or other document issued in relation to the referendum is in the same form (except for necessary changes) and is issued on the same date in respect of each relevant council.

PART 4E+WAction to be Taken Before the Poll

Notice of pollE+W

13.—(1) The counting officer must publish notice of the poll stating—

(a)the day and hours fixed for the poll; and

(b)the question to be asked in the referendum.

(2) The notice of the poll must be published no later than the sixth day before the date of the referendum.

(3) The counting officer must, not later than the time of the publication of the notice of the poll, also give public notice of—

(a)the situation of each polling station; and

(b)the description of persons entitled to vote there.

Postal ballot papersE+W

14.—(1) The counting officer must, in accordance with regulations made under the 1983 Act M20, issue to those entitled to vote by post a ballot paper and a postal voting statement in the form set out in Form 6 in the Appendix, or a form to like effect, together with such envelopes for their return as may be prescribed by such regulations.

(2) The counting officer must also issue to those entitled to vote by post such information as the officer thinks appropriate about how to obtain—

(a)translations into languages other than English of any directions to or guidance for voters and proxies sent with the ballot paper;

(b)a translation into Braille of such directions or guidance;

(c)graphical representations of such directions or guidance;

(d)the directions or guidance in any other form (including any audible form).

(3) The postal voting statement must include provision for the form to be signed and for stating the date of birth of the voter or proxy.

(4) In the case of a ballot paper issued to a person at an address in the United Kingdom, the counting officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter or proxy.

Provision of polling stationsE+W

15.—(1) The counting officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot polling stations to voters in such manner as the counting officer thinks most convenient.

(2) One or more polling stations may be provided in the same room.

(3) The polling station allotted to voters from any parliamentary polling district wholly or partly within the referendum area must, in the absence of special circumstances, be in the parliamentary polling place for that district.

(4) The counting officer must provide each polling station with such number of compartments as may be necessary in which the voters and proxies can mark their votes screened from observation.

[F28(5) The counting officer must ensure that each polling station contains an area in which voters and proxies can produce proof of identity in private.]

Appointment of presiding officers and polling clerksE+W

16.—(1) The counting officer must appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the referendum.

(2) The counting officer may, if that officer thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer apply to a counting officer so presiding with the necessary modifications as to things to be done by the counting officer to the presiding officer or by the presiding officer to the counting officer.

(3) A presiding officer may do, by the clerks appointed to assist the officer, any act (including the asking of questions) which the officer is required or authorised by these Rules to do at a polling station [F29except—

(a)order the arrest, exclusion or removal of any person from the polling station,

(b)refuse to deliver a ballot paper under rule 25(3) or rule 27(1E) (including that rule as applied by rule 28, 28 or 30), or

(c)resolve doubts over identity as mentioned in rule 27(1F) (including that paragraph as applied by rule 28, 29 or 30).]

Issue of official poll cardsE+W

17.—(1) The counting officer must as soon as practicable after the publication of the notice of the referendum send to each voter and proxy an official poll card.

(2) The official poll card must be sent or delivered—

(a)in the case of a voter, to the voter's qualifying address; and

(b)in the case of a proxy, to the proxy's address as shown in the list of proxies.

(3) The official poll card must be in the form set out in Form 7, 8, 9 or 10 in the Appendix (as the case may be), or a form to like effect, and must set out—

(a)the name of the relevant council and of the neighbourhood area;

(b)the name of the voter, the voter's qualifying address and number on the register;

(c)the date and hours of the poll and the situation of the voter's polling station;

(d)such other information as the counting officer thinks appropriate,

and different information may be provided in pursuance of sub-paragraph (d) to different voters or to different descriptions of voter.

(4) In the case of a voter who has an anonymous entry in the register, instead of containing the matter mentioned in paragraph (3)(b), the poll card must contain such matter as is specified in the appropriate form in the Appendix.

(5) In this rule references to a voter—

(a)are to a person who is registered in the register of local government electors on the last day for the publication of notice of the referendum; and

(b)include a person then shown in the register as below voting age if (but only if) it appears from the register that the person will be of voting age on the day fixed for the poll.

Equipment of polling stationsE+W

18.—(1) The counting officer must provide each presiding officer with such number of ballot boxes and ballot papers as in the counting officer's opinion may be necessary.

(2) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.

(3) The counting officer must provide each polling station with—

(a)materials to enable voters and proxies to mark the ballot papers;

(b)copies of such part of the register of electors as contains the names of the voters who have the station allotted to them;

(c)the parts of any special lists prepared for the referendum corresponding to the register of electors or the part of it provided under sub-paragraph (b);

(d)a list, in the form set out in Form 5 in the Appendix or a form to like effect, consisting of that part of the list prepared under rule 8 which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

(4) The reference in paragraph (3)(b) to the copies of the register of electors includes a reference to copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act M21 in respect of alterations to the register.

(5) The counting officer must also provide each polling station with—

(a)at least one large version of the ballot paper which must be displayed inside the polling station for the assistance of voters and proxies who are partially sighted; F30...

[F31(aa)a ballot paper refusal list, set out in Form 10A in the Appendix or a form to like effect, on which entries are to be made as mentioned in rule 31A (refusal to deliver ballot paper); and]

[F32(b)such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote independently in the manner directed by rule 27 (voting procedure), including in relation to voting secretly; and for this purpose “relevant persons” means persons who find it difficult or impossible to vote in that manner because of—

(i)blindness or partial sight, or

(ii)another disability.]

[F33(5A) Paragraph (10) of rule 29 of Schedule 1 to the 1983 Act (Parliamentary elections rules: guidance to returning officers) applies for the purposes of paragraph (5)(b) of this rule as it applies for the purposes of that rule, but as if—

(a)the reference in that paragraph to the returning officer were a reference to the counting officer, and

(b)the reference in that paragraph to paragraph (3A)(b) were a reference to paragraph (5)(b) of this rule.]

(6) A notice in the form set out in Form 11 in the Appendix, giving directions for the guidance of voters and proxies in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.

[F34(6A) A large notice must be displayed inside each polling station containing—

(a)details of the documents the voter or proxy needs to produce when applying for a ballot paper, namely—

(i)in the case of a voter (other than a voter with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary elections rules);

(ii)in the case of a voter with an anonymous entry, the voter’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card; and

(b)a statement that further proof of identity may be required to resolve any discrepancy between the name of the holder of a form of identification and the name of the voter or proxy that the voter or proxy claims to be.]

(7) The counting officer may also provide copies of the notice mentioned in paragraph (6) in Braille or translated into languages other than English as the counting officer considers appropriate, provided that these notices are accurate reproductions in Braille or that other language of that notice.

(8) In every compartment of every polling station there must be exhibited the notice “REFERENDUM ON [specify: neighbourhood plan / neighbourhood development order or community right to build order] FOR [specify name of neighbourhood area]. Mark a cross (X) in the box next to the answer of your choice. Vote ONCE only. Do not mark the ballot paper in any other way, or your vote may not be counted.”.

F35(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of polling observers and counting observersE+W

19.—(1) The counting officer may appoint persons to attend at polling stations for the purpose of detecting personation (“polling observers”).

(2) The counting officer must appoint persons to observe the counting of the votes and the verification of the ballot paper account (“counting observers”).

(3) In the following provisions of these Rules references to polling observers and counting observers are to be taken as references to polling observers and counting observers whose appointments have been duly made.

(4) Where by these Rules any act or thing is required or authorised to be done in the presence of the polling observers or counting observers, the non-attendance of any such person at the time and place appointed for the purpose does not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecyE+W

20.—(1) The counting officer must make such arrangements as the counting officer thinks fit to ensure that—

(a)every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter or proxy with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of subsections (1), (3) and (6) of section 66 of the 1983 Act M22, as applied by Schedule 4; and

(b)every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of subsections (2) and (6) of that section, as applied by Schedule 4.

[F36(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).]

Return of postal ballot papersE+W

21.—(1) Where—

(a)a postal vote has been returned in respect of a person who is entered on the postal voters list; or

(b)a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,

the counting officer must mark the list in the manner prescribed by regulations made under the 1983 Act M23.

(2) Rule 37(3) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

PART 5E+WThe Poll

Admission to polling stationE+W

22.—(1) The presiding officer must exclude all persons from the polling station except—

(a)voters and proxies;

(b)persons under the age of 18 who accompany voters and proxies to the polling station;

(c)the polling observers appointed to attend at the polling station;

(d)the clerks appointed to attend at the polling station;

(e)persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 M24;

(f)the constables on duty; and

(g)the companions of voters and proxies with disabilities.

(2) The presiding officer must regulate the total number of voters, proxies and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

(3) A constable or person employed by a counting officer must not be admitted to vote in person elsewhere than at the polling station allotted to them under these Rules, except on production and surrender of a certificate as to their employment which must be in the form set out in Form 12 in the Appendix, or a form to like effect, and signed by an officer of police of or above the rank of inspector or by the counting officer by whom the person is employed, as the case may be.

(4) Any certificate surrendered under this rule must forthwith be cancelled.

[F37(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).]

Keeping of order in stationE+W

23.—(1) It is the presiding officer's duty to keep order at the presiding officer's polling station.

(2) If a person misconducts themselves in a polling station, or fails to obey the presiding officer's lawful orders, that person may immediately, by the presiding officer's order, be removed from the polling station—

(a)by a constable in or near that station; or

(b)by any other person authorised in writing by the counting officer to remove the person,

and the person so removed may not, without the presiding officer's permission, again enter the polling station during the day.

(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4) The powers conferred by this rule must not be exercised so as to prevent a voter or proxy who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxesE+W

24.  Immediately before the commencement of the poll, the presiding officer must show the ballot box empty to such persons, if any, as are present in the polling station, so that they may see that it is empty, and must then lock it up, if it has a lock and (in any case) place the officer's seal on it in such a manner as to prevent the box being opened without breaking the seal and must place the box in the officer's view for the receipt of ballot papers, and keep it so locked and sealed or sealed (as the case may be).

Questions to be put to voters and proxiesE+W

25.—(1) At the time of the application for a ballot paper (but not afterwards), the questions specified in the following Table—

(a)may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the Table; and

(b)must be put if the letter “R” appears after the question and a polling observer requires the question to be put:

(2) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register are taken as references to reading from the notice issued under section 13B(3B) or (3D) of the 1983 Act.

[F39(2A) Where a clerk—

(a)gives a person the required information (see paragraph (5)),

(b)puts a question specified in paragraph (1) to the person, and

(c)decides that the person has failed to answer the question satisfactorily,

the clerk must refer the matter to the presiding officer, who must put the question to the person again.]

[F40(3) Where the presiding officer—

(a)gives the person the required information,

(b)puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and

(c)decides that the person has failed to answer the question satisfactorily,

the officer must refuse to deliver a ballot paper to the person (and see rule 31A for the procedure where a ballot paper is refused under this paragraph).

(3A) For the purposes of this rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if—

(a)where one of those questions is put, the answer matches a name or address (as the case may be) in the register of electors;

(b)where both those questions are put, the answers match a name and address in that register that relate to the same person.

(3B) In the case of a voter or proxy in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references to the register in paragraph (3A) are to be read as references to the notice issued under section 13B(3B) or (3D).]

(4) Except as authorised by this rule, no inquiry is permitted as to the right of any person to vote [F41(and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter or proxy is not to be regarded as an inquiry as to the right of the person to vote)].

[F42(5) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—

(a)a ballot paper will be refused if the person fails to answer each question satisfactorily, and

(b)giving false information may be an offence.]

Challenge of voter or proxyE+W

26.  A person must not be prevented from voting by reason only that—

(a)any polling observer permitted to be present in accordance with rule 22(1) declares that the polling observer has reasonable cause to believe that the person has committed an offence of personation; or

(b)the person is arrested on the grounds that the person is suspected of committing or of being about to commit such an offence.

Voting procedureE+W

27.—(1) [F43Subject to rule 25(3) and to paragraphs (1A) to (1M), a] ballot paper must be delivered to a voter or proxy who applies for one, and immediately before delivery—

F44(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the number of the voter as stated in the register must be marked on the list mentioned in rule 18(3)(d) beside the number of the ballot paper to be issued;

(c)a mark must be placed in the copy of the register of electors against the number of the voter to note that a ballot paper has been received but without showing the particular ballot paper which has been received; and

(d)in the case of a person applying for a ballot paper as proxy, a mark must also be placed against their name in the list of proxies.

[F45(1A) A ballot paper must not be delivered to a voter or proxy unless the voter or proxy produces a specified document to the presiding officer or a clerk.

(1B) The presiding officer or clerk must arrange for the voter or proxy to produce any document in a private area of the polling station if the voter or proxy so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter or proxy.

(1C) Paragraph (1D) applies in relation to a voter or proxy where—

(a)the voter or proxy produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter or proxy is the voter or proxy that the voter or proxy claims to be, or

(b)the voter or proxy produces a document to a clerk that the clerk reasonably suspects to be a forged document.

(1D) Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter or proxy had produced the document to the presiding officer in the first place.

(1E) The presiding officer must refuse to deliver a ballot paper to a voter or proxy where—

(a)the voter or proxy produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter or proxy is the voter or proxy that the voter or proxy claims to be, or

(b)the voter or proxy produces a document to the officer that the officer reasonably suspects to be a forged document.

(1F) Paragraph (1E)(a) does not apply where—

(a)a discrepancy between the name of the holder of a specified document and the name of the voter or proxy that the voter or proxy claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter or proxy producing further proof of identity, and

(b)the presiding officer has no other reason (arising from any document produced by the voter or proxy) to doubt that the voter or proxy is the voter or proxy that the voter or proxy claims to be.

(1G) The refusal to deliver a ballot paper to a voter or proxy under paragraph (1E) does not prevent the voter or proxy making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application.

(1H) In this rule, a “forged document” means a false document made to resemble a specified document.

(1I) In this rule, a “specified document”—

(a)except in the case of a voter or proxy who has an anonymous entry in the register of electors, is one which for the time being falls within the list specified in rule 37(1H) of Schedule 1 to the 1983 Act (parliamentary election rules);

(b)in the case of a voter or proxy who has an anonymous entry in the register of electors, means an anonymous elector’s document which—

(i)was issued by the registration officer for the local authority in whose area the referendum is held,

(ii)contains the number—

(aa)allocated to the voter or proxy as stated in the copy of the register of electors, or

(bb)where an entry relating to the voter or proxy is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

(1J) Subject to paragraph (1K), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it.

(1K) Paragraph (1J) does not apply to a temporary electoral identity document where the date of the poll for the referendum is after the date for which the document is issued.

(1L) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.

(1M) References in this rule to producing a document are to producing it for inspection.]

(2) A voter who has an anonymous entry must show the presiding officer their official poll card F46....

(3) In the case of a voter who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows—

F47(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in sub-paragraph (b), for “in the register” substitute “ in the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act ”;

(c)in sub-paragraph (c), for “in the copy of the register of electors” substitute “ on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act ”.

(4) The voter or proxy, on receiving their ballot paper, must forthwith proceed into one of the compartments in the polling station and there secretly mark the ballot paper and fold it up so as to conceal their vote, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence.

(5) The voter or proxy must vote without undue delay, and must leave the polling station as soon as the voter or proxy has put the ballot paper into the ballot box.

[F48(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.]

Votes marked by presiding officerE+W

28.—(1) [F49Subject to paragraph (1A), the] presiding officer, on the application of a voter or proxy—

(a)who is incapacitated by blindness or other disability from voting in the manner directed by these Rules; or

(b)who declares orally that the voter or proxy is unable to read,

must, in the presence of the polling observers (if any), cause that person's vote to be marked on a ballot paper in the manner directed by that person, and the ballot paper to be placed in the ballot box.

[F50(1A) Paragraphs (1A) to (1M) of rule 27 apply in the case of a voter or proxy who applies under paragraph (a) as they apply in the case of a voter or proxy who applies under rule 27(1), but as if—

(a)references to delivering a ballot paper to a voter or proxy were to causing a voter’s or proxy’s vote to be marked on a ballot paper, and

(b)in rule 27(1G), the reference to paragraph (1) of rule 27 were to paragraph (1) of this rule.]

(2) The name and number in the register of electors of every person whose vote is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these Rules called “the list of votes marked by the presiding officer”).

(3) In the case of a person voting as proxy for a voter, the number to be entered together with the proxy's name is the number in the register of the voter.

(4) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (2) applies as if for “in the register of electors of every person” there were substituted “ relating to every person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act ”.

Voting by persons with disabilitiesE+W

29.—(1) If a voter or proxy makes an application to the presiding officer to be allowed, on the ground of—

(a)blindness or other disability; or

(b)inability to read,

to vote with the assistance of another person by whom the voter or proxy is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter or proxy to declare, orally or in writing, whether the voter or proxy is so incapacitated by blindness or other disability, or by the voter or proxy's inability to read, as to be unable to vote without assistance.

(2) [F51Subject to paragraph (2A), if] the presiding officer—

(a)is satisfied that the voter or proxy is so incapacitated or unable to read; and

(b)is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter or proxy with disabilities”) that the companion—

(i)is a qualified person within the meaning of this rule; and

(ii)has not previously assisted more than one voter or proxy with disabilities to vote at the referendum,

the presiding officer must grant the application, and then anything which is by these Rules required to be done to or by that voter or proxy in connection with the giving of their vote may be done to, or with the assistance of, the companion.

[F52(2A) Paragraphs (1A) to (1M) of rule 27 apply in the case of a voter or proxy who applies under paragraph (a) as they apply in the case of a voter or proxy who applies under rule 27(1), but as if—

(a)references to delivering a ballot paper to a voter or proxy were to granting a voter’s or proxy’s application, and

(b)in rule 27(1G), the reference to paragraph (1) of rule 27 were to paragraph (1) of this rule.]

(3) For the purposes of these Rules, a person is a voter or proxy with disabilities if that person has made such a declaration as is mentioned in paragraph (1), and a person is qualified to assist a voter or proxy with disabilities to vote [F53if that person is aged 18 or over.]

(4) The name and number in the register of electors of every person whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these Rules referred to as “the list of voters or proxies with disabilities assisted by companions”).

(5) In the case of a person voting as proxy for a voter, the number to be entered together with the proxy's name is the number in the register of the voter.

(6) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (4) applies as if for “in the register of electors of every person” there were substituted “ relating to every person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act ”.

(7) The declaration made by the companion of a voter or proxy with disabilities—

(a)must be in the form set out in Form 13 in the Appendix;

(b)must be made before the presiding officer at the time when the voter or proxy applies to vote with the assistance of a companion; and

(c)must forthwith be given to the presiding officer who must attest and retain it.

(8) No fee or other payment may be charged in respect of the declaration.

Tendered ballot papers: circumstances where availableE+W

30.—(1) If a person, representing themselves to be—

(a)a particular voter named on the register and not named in the absent voters list; or

(b)a particular person named in the list of proxies as proxy for a voter and not entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the voter or the voter's proxy, the applicant is, on satisfactorily answering the questions permitted by law to be asked at the poll, entitled, subject to the provisions of rule 31, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter or proxy.

(2) Paragraph (4) applies if—

(a)a person applies for a ballot paper representing themselves to be a particular voter named on the register;

(b)that person is also named in the postal voters list; and

(c)that person claims that that person did not make an application to vote by post at the referendum.

(3) Paragraph (4) also applies if—

(a)a person applies for a ballot paper representing themselves to be a particular person named as a proxy in the list of proxies;

(b)that person is also named in the proxy postal voters list; and

(c)that person claims that the person did not make an application to vote by post as proxy.

(4) The person is, on satisfactorily answering the questions permitted by law to be asked at the poll, entitled, subject to the provisions of rule 31, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter or proxy.

(5) Paragraph (6) applies if, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents themselves to be—

(a)a particular voter named on the register who is also named in the postal voters list; or

(b)a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,

and claims that the person has lost or has not received their postal ballot paper.

(6) The person is, on satisfactorily answering the questions permitted by law to be asked at the poll, entitled, subject to the provisions of rule 31, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter or proxy.

[F54(7) Paragraphs (1A) to (1M) of rule 27 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter or proxy who applies for a ballot paper under rule 27(1), but as if in rule 27(1G), the reference to making a further application under paragraph (1) of rule 27 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which a previous such attempt was made.]

Tendered ballot papers: general provisionsE+W

31.—(1) A tendered ballot paper must—

(a)be of a colour differing from that of the other ballot papers;

(b)instead of being put into the ballot box, be given to the presiding officer and endorsed by the officer with the name of the person who has marked a tendered ballot paper and their number in the register of electors, and set aside in a separate packet.

(2) The name of the person who has marked a tendered ballot paper and their number in the register of electors must be entered on a list (in these Rules referred to as the “tendered votes list”).

(3) In the case of a person voting as proxy for a voter, the number to be endorsed or entered together with the proxy's name is the number in the register of the voter.

(4) In the case of a voter who has an anonymous entry, this rule and rule 30 apply subject to the following modifications—

(a)in paragraphs (1)(b) and (2) above, the references to the name of the person who has marked a tendered ballot paper are ignored;

(b)otherwise, a reference to a person named in a register or list is construed as a reference to a person whose number appears in the register or list (as the case may be).

(5) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, this rule and rule 30 apply as if—

(a)in rule 30(1)(a), (2)(a) and (5)(a), for “named on the register” there were substituted “ in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued ”;

(b)in paragraph (1)(b) of this rule for “their number in the register of electors” there were substituted “ the number relating to that person on a notice issued under section 13B(3B) or (3D) of the 1983 Act ”;

(c)in paragraph (2) of this rule, for “their number in the register of electors” there were substituted “ the number relating to that person on a notice issued under section 13B(3B) or (3D) of the 1983 Act ”;

(d)in paragraph (3) of this rule, for “the number in the register of the voter” there were substituted “ the number relating to the voter on a notice issued under section 13(3B) or (3D) of the 1983 Act ”.

[F55Refusal to deliver ballot paperE+W

31A.—(1) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one other than as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

(a)the voter’s electoral number, and

(b)against that number, the reason for the refusal.

(2) Where a presiding officer refuses to deliver a ballot paper to a voter who applied for one as a proxy, the officer or a clerk must enter on the ballot paper refusal list—

(a)the name and address of the voter, and

(b)against those details, the reason for the refusal.

(3) Paragraphs (4) and (5) apply where—

(a)a presiding officer refuses to deliver a ballot paper to a voter or proxy under rule 27(1E), and

(b)the voter or proxy makes a further application under rule 27(1).

(4) If a ballot paper is delivered to the voter or proxy following a further application, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

(5) If the presiding officer again refuses to deliver a ballot paper to the voter or proxy, the presiding officer or a clerk must note that fact on the ballot paper refusal list.

(6) Entries required by this rule to be made on the ballot paper refusal list must be made as soon as practicable after delivery of a ballot paper to a voter or proxy is refused (or, in the case mentioned in paragraph (4), as soon as practicable after the delivery of a ballot paper to a voter or proxy).

(7) For the purposes of paragraph (1)(a), a person’s “electoral number” is the number—

(a)allocated to the person as stated in the copy of the register of electors, or

(b)where an entry relating to the person is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

(8) Subject to rule 27(1G) and paragraph (9), a refusal to deliver a ballot paper to a voter or proxy is final and may not be questioned in any proceeding whatsoever.

(9) A refusal to deliver a ballot paper to a voter or proxy is subject to review in proceedings brought as mentioned in section 61N(3) of the 1990 Act.

(10) In this rule—

(a)except in paragraph (3)(a), any reference to the refusal to deliver a ballot paper (however expressed) is to the refusal to do so under rule 25(3) or 27(1E), and

(b)any reference to paragraph (1E) or (1G) of rule 27 includes a reference to that paragraph as applied by rule 28, 29 or 30.]

Spoilt ballot papersE+W

32.  A voter or proxy who has inadvertently dealt with their ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to the presiding officer's satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.

Correction of errors on day of pollE+W

33.  The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll.

Adjournment of poll in case of riotE+W

34.—(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings until the following day and must forthwith give notice to the counting officer.

(2) Where the poll is adjourned at any polling station—

(a)the hours of polling on the day to which it is adjourned must be the same as for the original day; and

(b)references in these Rules to the close of the poll are construed accordingly.

Procedure on close of pollE+W

35.—(1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling observers (if any), make up into separate packets, sealed with the presiding officer's own seal and the seals of such polling observers as desire to affix their seals—

(a)each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key, if any, attached;

(b)the unused and spoilt ballot papers placed together;

(c)the tendered ballot papers;

(d)the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies;

[F56(da)the ballot paper refusal list completed in accordance with rule 31A;]

(e)the lists prepared under rule 8 including the parts which were completed in accordance with rule 27(1)(b) (together referred to in these Rules as “the completed corresponding number lists”);

(f)the certificates as to employment on duty on the day of the poll;

(g)the tendered votes list, the list of voters and proxies with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters and proxies whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 33, and the declarations made by the companions of voters and proxies with disabilities,

and must deliver the packets or cause them to be delivered to the counting officer to be taken charge of by that person; but if the packets are not delivered by the presiding officer personally to the counting officer, the arrangements for their delivery require the counting officer's approval.

(2) The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number lists or the certificates as to employment on duty on the day of the poll.

(3) The packets must be accompanied by a statement (in these Rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to that officer, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.

PART 6E+WCounting of Votes

Attendance at counting of votesE+W

36.—(1) The counting officer must make arrangements for counting the votes in the presence of the counting observers as soon as practicable after the close of the poll, and must give to the counting observers notice in writing of the time and place at which the counting officer will begin to count the votes.

(2) No person other than—

(a)the Chief Counting Officer, the counting officer and the counting officer's clerks;

(b)the counting observers; and

(c)persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,

may be present at the counting of the votes, unless permitted by the counting officer to attend.

(3) A person not entitled to attend at the counting of the votes is not permitted to do so by the counting officer unless the counting officer is satisfied that the efficient counting of the votes will not be impeded.

(4) The counting officer must give the counting observers all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as the officer can give them consistent with the orderly conduct of the proceedings and the discharge of the officer's duties in connection with them.

(5) In particular, where the votes are counted by sorting the ballot papers according to the answer for which the vote is given and then counting the number of ballot papers for each answer, the counting observers are entitled to satisfy themselves that the ballot papers are correctly sorted.

The countE+W

37.—(1) The counting officer must—

(a)in the presence of the counting observers open each ballot box and count and record the number of ballot papers in it;

(b)in the presence of the counting observers verify each ballot paper account; and

(c)count such of the postal ballot papers as have been duly returned and record the number counted.

(2) The counting officer must not count the votes given on any ballot papers until—

(a)in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box; and

(b)in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

(3) A postal ballot paper must not be taken to be duly returned unless—

(a)it is returned in the manner set out in paragraph (4) and reaches the counting officer or any polling station used at the referendum in question before the close of the poll;

(b)the postal voting statement, duly signed, is also returned in the manner set out in paragraph (4) and reaches the counting officer or such a polling station before that time;

(c)the postal voting statement also states the date of birth of the voter or proxy; and

(d)in a case where steps for verifying the date of birth and signature of a voter or proxy have been prescribed by regulations made under the 1983 Act, the counting officer (having taken such steps) verifies that date of birth and that signature.

[F57(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.]

(4) The manner in which any postal ballot paper or postal voting statement may be returned—

(a)to the counting officer, is by hand or by post;

(b)to a polling station, is by hand.

(5) The counting officer must not count any tendered ballot paper.

(6) The counting officer, while counting and recording the number of ballot papers and counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

(7) The counting officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by the officer, and the unused and spoilt ballot papers in the officer's possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any counting observer may copy.

(8) Where the referendum area comprises any part of the area of more than one relevant council, as soon as is practicable after the counting officer has drawn up the statement as to the result of the verification, the counting officer must inform the Chief Counting Officer of its content.

(9) The counting officer must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that the counting officer may exclude the hours between 7 in the evening and 9 on the following morning.

(10) During the time so excluded the counting officer must—

(a)place the ballot papers and other documents relating to the referendum under the counting officer's own seal; and

(b)otherwise take proper precautions for the security of the papers and documents.

Re-countE+W

38.—(1) The counting officer may have the votes re-counted or again re-counted.

(2) Paragraphs (3) to (7) apply where the referendum area comprises any part of the area of more than one relevant council.

(3) As soon as practicable after the conclusion of the count (which includes any re-count whether or not directed under this rule), the counting officer must draw up a provisional statement showing—

(a)the number of ballot papers counted by the counting officer;

(b)the number of votes cast in favour of each answer to the question asked in the referendum.

(4) As soon as possible after completion of the provisional statement, the counting officer must inform the Chief Counting Officer of its contents.

(5) Once the Chief Counting Officer has received the report of any counting officer on the contents of that counting officer's provisional statement prepared under paragraph (3) and under rule 39(5), the Chief Counting Officer may direct the counting officer to re-count (or further re-count) the votes.

(6) A re-count directed by the Chief Counting Officer under paragraph (5) may be of the votes in the whole referendum area, or in the areas of such of the relevant councils falling within the referendum area as the Chief Counting Officer considers reasonable.

(7) A counting officer must proceed with a re-count as soon as practicable after receipt of the Chief Counting Officer's direction, and if not proceeding forthwith must notify those counting observers entitled to be present at the re-count of the time and place at which the counting officer will begin to re-count the votes.

Rejected ballot papersE+W

39.—(1) Any ballot paper—

(a)which does not bear the official mark; or

(b)on which votes are given for more than one answer; or

(c)on which anything is written or marked by which the voter or proxy can be identified except the printed number and other unique identifying mark on the back; or

(d)which is unmarked or void for uncertainty,

is, subject to paragraph (2), void and must not be counted.

(2) A ballot paper on which the vote is marked—

(a)elsewhere than in the proper place; or

(b)otherwise than by means of a cross; or

(c)by more than one mark,

is not for such reason deemed to be void if an intention that the vote is for one or the other of the answers clearly appears, and the way the paper is marked does not itself identify the voter or proxy and it is not shown that the voter or proxy can be identified by it.

(3) The counting officer must endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and must add to the endorsement the words “rejection objected to” if any objection is made by a counting observer to the counting officer's decision.

(4) Subject to paragraph (5), the counting officer must draw up a statement showing the number of ballot papers rejected under the several heads of—

(a)want of official mark;

(b)voting for more than one answer;

(c)writing or mark by which the voter or proxy could be identified;

(d)unmarked or void for uncertainty.

(5) Where the referendum area comprises any part of the area of more than one relevant council, the statement referred to in paragraph (4) above is to be a provisional statement and as soon as practicable after the completion of that statement, the counting officer must inform the Chief Counting Officer of its contents.

Decisions on ballot papersE+W

40.  The decision of the counting officer on any question arising in respect of a ballot paper is final.

Equality of votesE+W

41.  Where, after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between the answers, the result is that there is no majority in favour of the making of the plan or order.

PART 7E+WDeclaration of Result and Disposal of Documents

Declaration of resultE+W

42.—(1) This rule applies where rule 43 does not apply.

(2) When the result of the poll has been ascertained, the counting officer must forthwith—

(a)declare the result of the referendum;

(b)inform the proper officer of the relevant council of the result of the referendum;

(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.

Declaration of result: cross-boundary referendum areasE+W

43.—(1) This rule applies where the referendum area comprises any part of the area of more than one relevant council.

(2) When the Chief Counting Officer is satisfied the result of the poll has been ascertained, the Chief Counting Officer must direct the counting officers to draw up a final statement of the matters referred to in rule 38(3) and to provide final versions of their statements of rejected ballot papers.

(3) The counting officer, having drawn up the final statement, must—

(a)forthwith inform the Chief Counting Officer of its contents; and

(b)as soon as reasonably practicable give the Chief Counting Officer notice of the number of rejected ballot papers under each head shown in the final statement of rejected ballot papers.

(4) When authorised by the Chief Counting Officer to do so, each counting officer must—

(a)make a declaration of the matters referred to in the final statement; and

(b)give public notice of those matters together with the number of rejected ballot papers under each head shown in the final statement of rejected ballot papers.

(5) The Chief Counting Officer, having received notification of the final statement from each counting officer referred to in paragraph (2) must—

(a)draw up a statement of—

(i)the total number of ballot papers counted, and

(ii)the total number of votes cast in favour of each answer to the question asked,

in respect of the referendum;

(b)declare the result of the referendum;

(c)inform the proper officer of each relevant council of the result of the referendum;

(d)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.

Sealing up of ballot papersE+W

44.—(1) On the completion of the counting at a referendum the counting officer must seal up in separate packets the counted and rejected ballot papers.

(2) The counting officer must not open the sealed packets of—

(a)tendered ballot papers;

(b)the completed corresponding number lists;

[F58(ba)the completed ballot paper refusal list;]

(c)certificates as to employment on duty on the day of the poll; or

(d)marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies.

Delivery of documents to relevant registration officerE+W

45.  The counting officer must then forward to the relevant registration officer the following documents—

(a)the packets of ballot papers in the counting officer's possession;

(b)the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts;

(c)the tendered votes lists, the lists of voters and proxies with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 33, and the declarations made by the companions of voters and proxies with disabilities;

(d)the packets of the completed corresponding number lists;

[F59(da)the packet containing the completed ballot paper refusal list;]

(e)the packets of certificates as to employment on duty on the day of the poll; and

(f)the packets containing marked copies of registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the postal voters list, of the lists of proxies and of the proxy postal voters list,

endorsing on each packet a description of its contents, the date of the referendum to which it relates and the name of the relevant council.

Orders for production of documentsE+W

46.—(1) An order—

(a)for the inspection or production of any rejected ballot papers in the custody of the relevant registration officer; or

(b)for the opening of a sealed packet of the completed corresponding number lists or certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in the relevant registration officer's custody,

may be made by a county court [F60or the High Court], if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers [F60or for the purpose of proceedings brought as mentioned in section 61N(3) of the 1990 Act].

[F61(1A) An order—

(a)for the opening of the sealed packet containing a completed ballot paper refusal list, or

(b)for the inspection or production of that list,

may be made by the High Court or the county court if satisfied by evidence on oath that the order is required for the purpose of proceedings brought as mentioned in section 61N(3) of the 1990 Act.]

F62(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An order under this rule may be made subject to such conditions as to—

(a)persons;

(b)time;

(c)place and mode of inspection;

(d)production or opening,

as the court making the order may think expedient.

(4) In making and carrying into effect an order for the opening of a packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular person has been given is not disclosed until it has been proved—

(a)that their vote was given; and

(b)that the vote has been declared by a competent court to be invalid.

(5) An appeal lies to the High Court from any order of a county court under this rule.

(6) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.

(7) Where an order is made for the production by the relevant registration officer of any document in the relevant registration officer's possession relating to any specified referendum—

(a)the production by the relevant registration officer or that officer's agent of the document ordered in such manner as may be directed by that order is conclusive evidence that the document relates to the specified referendum; and

(b)any endorsement on any packet of ballot papers so produced is prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(8) The production from proper custody of—

(a)a ballot paper purporting to have been used at any referendum; and

(b)a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

is prima facie evidence that the person whose vote was given by that ballot paper was the person whose entry in the register of electors or on a notice issued under section 13B(3B) or (3D) of the 1983 Act at the time of the referendum contained the same number as the number written as mentioned in sub-paragraph (b) of this paragraph.

(9) Save as by this rule provided, no person is to be allowed to inspect any rejected or counted ballot papers in the possession of the relevant registration officer or open any sealed packets of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll.

Retention of documentsE+W

47.  The relevant registration officer must retain for one year all documents relating to a referendum forwarded to that officer in pursuance of these Rules by a counting officer, and then, unless otherwise directed by an order of a county court, the Crown Court, a magistrates' court or an election court, must cause them to be destroyed.

PART 8E+WAppendix of Forms

Note:—The forms contained in this Appendix may be adapted so far as circumstances require.

Form 1 - Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1

Form 2 - Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1

Form 3 - Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1

Form 4 - Corresponding Number List L1

Form 5 - Corresponding Number List L2

Form 6 - Form of Postal Voting Statement

Form 7 - Official Poll Card (to be sent to a voter voting in person)

Form 8 - Official Postal Poll Card (to be sent to a voter voting by post)

Form 9 - Official Proxy Poll Card (to be sent to an appointed proxy voting in person)

Form 10 - Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)

[F63Form 10A—Ballot Paper Refusal List]

Form 11 - Form of directions for the guidance of the voters and proxies in voting

Form 12 - Form of Certificate of Employment

Form 13 - Form of declaration made by the companion of a voter or proxy with disabilities

Form 1 - Form of Ballot Paper: Question in referendum as specified in paragraph 1 of Schedule 1E+W

Form 2 - Form of Ballot Paper: Question in referendum as specified in paragraph 2 of Schedule 1E+W

Form 3 - Form of Ballot Paper: Question in referendum as specified in paragraph 3 of Schedule 1E+W

Form 4 - Corresponding Number List L1E+W

Form 5 - Corresponding Number List L2E+W

[F64Form 6: Form of Postal Voting StatementE+W

 ]

[F65Form 7: Official poll cardE+W

Front of form

Rear of form

 ]

[F66Form 8: Official Postal Poll Card (to be sent to a voter voting by post)E+W

 ]

[F67Form 9: Official proxy poll cardE+W

Front of form

Rear of form

 ]

[F68Form 10: Official Proxy Postal Poll Card (to be sent to an appointed proxy voting by post)E+W

 ]

[F69Form 10A: Ballot paper refusal listE+W

 ]

[F70Form 11: Form of directions for the guidance of the voters and proxies in votingE+W

 ]

[F71Form 12: Form of Certificate of EmploymentE+W

 ]

[F72Form 13: declaration to be made by the companion of a voter or proxy with disabilitiesE+W

 ]

Regulations 8, 12 and 13

SCHEDULE 4E+WApplication, with Modification, of other Acts and Subordinate Legislation

PART 1E+W

PART 2E+W

The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004E+W

1.  The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 M64 have effect subject to the following modifications.

2.  In regulation 2 (interpretation)—E+W

(a)in paragraph (1), in the definition of “referendum”, after “[F88the Local Authorities (Conduct of Referendums) (England) Regulations 2012]” insert “ or a referendum held under Schedule 4B to the Town and Country Planning Act 1990 ”;

(b)in paragraph (2) after “[F88the Local Authorities (Conduct of Referendums) (England) Regulations 2012]” insert “ or regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012 (as the case may be) ”.

3.  For regulation 4(8) substitute—E+W

“(8) Subject to paragraph (9), where the polls at two or more referendums or polls at an election and referendum are taken together under section 15(3AA) of the 1985 Act—

(a)the returning officer for each election or referendum shall decide which returning officer shall discharge those functions of the other (or others) which are specified in regulation 5F89...; and

(b)the only polling stations which shall be used at each election or referendum are the polling stations used at the election or referendum for which the returning officer who discharges the functions referred to in sub-paragraph (a) above acts as returning officer.”.

4.—(1) Regulation 5 (functions at combined polls) is amended as follows.E+W

(2) In paragraph (1), after sub-paragraph (e) insert—

“(f)at a referendum held under Schedule 4B to the Town and Country Planning Act 1990, by those rules in regulations made under paragraph 16 of Schedule 4B to that Act which correspond to the rules specified in paragraph (2);”.

(3) In paragraph (3), after sub-paragraph (b) insert—

“(c)that regulation and that Part as applied by regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990.”.

5.—(1) In regulation 6(3) and (4) (modification of provisions about expenses in the 1983 Act) for “15(1) or (2)” substitute “ 15(1), (2) or (3AA) ”.E+W

(2) In regulation 6(5)—

(a)omit “and” at the end of sub-paragraph (a), and

(b)at the end of sub-paragraph (a) insert—

“(ab)the provisions in regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 which correspond to that provision; and”.

6.  In regulation 8 (modification of parliamentary elections rules)—E+W

(a)omit “or” at the end of sub-paragraph (a); and

(b)after sub-paragraph (b) insert—

“or

(c)the poll at a referendum held under Schedule 4B to the Town and Country Planning Act 1990,”.

7.  In Schedule 2 (modifications to parliamentary elections rules)—E+W

(a)in paragraph 2, in the definition of “referendum” after “[F90the Local Authorities (Conduct of Referendums) (England) Regulations 2012]” insert “ or a referendum held under Schedule 4B to the Town and Country Planning Act 1990 ”;

(b)in paragraph 3(a) after “[F90the Local Authorities (Conduct of Referendums) (England) Regulations 2012]” insert “ or regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012 (as the case may be) ”;

(c)in paragraph 22, in substituted sub-paragraph (1AC)(b), after “ the Local Government Act 2000 ” insert “ or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

PART 3E+W

Other secondary legislation about combination of pollsE+W

8.—(1) The following enactments have effect subject to the modifications mentioned in regulation 13(2)(a) and (3) and the additional modifications in paragraphs 9 to 39—

F91(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Local Elections (Principal Areas) (England and Wales) Rules 2006 M65;

(c)the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 M66;

(d)the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 M67;

(e)the Greater London Authority Elections Rules 2007 M68;

(f)the Local Authorities (Conduct of Referendums) (England) Regulations 2012 M69;

(g)the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 M70;

(h)the Police and Crime Commissioner Elections Order 2012 M71.

F92...E+W

F929.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9210.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F9211.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F9212.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F9213.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F9214.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

The Local Elections (Principal Areas) (England and Wales) Rules 2006E+W

15.  The Local Elections (Principal Areas) (England and Wales) Rules 2006 have effect with the additional modifications set out in paragraphs 16 and 17.

16.  In rule 2 (interpretation)—E+W

(a)in paragraph (1) in the definition of “counting observer”, “counting officer”, “polling observer” and “referendum” after “[F93the Local Authorities (Conduct of Referendums) (England) Regulations 2012]” in each place insert “ or the Neighbourhood Planning (Referendums) Regulations 2012 (as the case may be) ”;

(b)omit paragraph (3)(a).

17.  In Schedule 3 (rules for conduct of an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum), in rule 45(5)(b) after “the Local Government Act 2000,” insert “ or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.E+W

The Local Elections (Parishes and Communities) (England and Wales) Rules 2006E+W

18.  The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 have effect with the additional modifications set out in paragraphs 19 and 20.

19.  In rule 2(1) (interpretation)—E+W

(a)in the definition of “counting officer” after “[F94the Local Authorities (Conduct of Referendums) (England) Regulations 2012]” insert “ or regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012 (as the case may be) ”;

(b)in the definition of “referendum” after "[F94the Local Authorities (Conduct of Referendums) (England) Regulations 2012]” insert “ or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

20.  In Schedule 3 (rules for conduct of an election of councillors of a parish or community where the poll is taken together with the poll at a relevant election or referendum), in rule 45(4)(b) after “Local Government Act 2000,” insert “ or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.E+W

The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007E+W

21.  The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 have effect with the additional modifications set out in paragraphs 22 and 23.

22.  In regulation 2 (interpretation), in the definition of “the Referendums Regulations” after “[F95the Local Authorities (Conduct of Referendums) (England) Regulations 2012]” insert “ or the Neighbourhood Planning (Referendums) Regulations 2012 ”.E+W

23.  In Schedule 3 (mayoral election (combination of polls) rules), in paragraph 47(4) after “the Local Government Act 2000” insert “ or paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.E+W

The Greater London Authority Elections Rules 2007E+W

24.  The Greater London Authority Elections Rules 2007 have effect with the additional modifications set out in paragraphs 25 to 30.

25.  In rule 2(1) (interpretation) in the definition of “referendum” after “the Referendum Regulations” insert “ or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.E+W

26.  In rule 5(1) (rules for Authority elections combined with a relevant election or referendum)—E+W

(a)omit “or” and the end of sub-paragraph (a); and

(b)after sub-paragraph (b) insert—

“or

(c)the poll at a referendum held under Schedule 4B to the Town and Country Planning Act 1990 (neighbourhood planning referendums).”.

27.  In Schedule 5 (the constituency members election rules)—E+W

(a)in paragraph 2(1)—

(i)in the definition of “counting observer”, “counting officer” and “polling observer” after “the Local Authorities (Conduct of Referendums) (England) Regulations 2001” in each place insert “ or the Neighbourhood Planning (Referendums) Regulations 2012 (as the case may be) ”;

(ii)in the definition of “referendum” after “the Referendum Regulations” insert “ or the Neighbourhood Planning (Referendums) Regulations 2012 ”;

(iii)in paragraph (d) of the definition of “relevant election or referendum” after “the Local Government Act 2000” insert “ or paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

(b)omit paragraph 2(2)(a); and

(c)in paragraph 49(2)(b) after “the Local Government Act 2000” insert “ or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

28.  In Schedule 6 (the London members election rules)—E+W

(a)in paragraph 2(1)—

(i)in the definition of “counting observer”, “counting officer” and “polling observer” after “the Referendum Regulations” in each place insert “or regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012 (as the case may be);

(ii)in the definition of “referendum” after “the Referendum Regulations” insert “ or the Neighbourhood Planning (Referendums) Regulations 2012 ”;

(iii)in paragraph (d) of the definition of “relevant election or referendum” after “the Local Government Act 2000” insert “ or paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

(b)omit paragraph 2(2)(a); and

(c)in paragraph 50(2)(b) after “the Local Government Act 2000” insert “ or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

29.  In Schedule 7 (the Mayoral election rules)—E+W

(a)in paragraph 2(1)—

(i)in the definition of “counting observer”, “counting officer” and “polling observer” after “the Referendum Regulations” in each place insert “or regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012 (as the case may be);

(ii)in the definition of “referendum” after “the Referendum Regulations” insert “ or the Neighbourhood Planning (Referendums) Regulations 2012 ”;

(iii)in paragraph (d) of the definition of “relevant election or referendum” after “the Local Government Act 2000” insert “ or paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

(b)omit paragraph 2(2)(a); and

(c)in paragraph 49(2)(b) after “the Local Government Act 2000” insert “ or regulations made under paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.

30.  In Schedule 8 (combined manual count rules) in paragraph 2(1) in paragraph (d) of the definition of “relevant election or referendum” after “the Local Government Act 2000” insert “ or paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990 ”.E+W

The Local Authorities (Conduct of Referendums) (England) Regulations 2012E+W

31.  The Local Authorities (Conduct of Referendums) (England) Regulations 2012 have effect with the additional modifications set out in paragraphs 32 to 34.

32.  In regulation 2(1) (interpretation), in the definition of “relevant election or referendum” after sub-paragraph (f) insert—E+W

“(g)a referendum held under Schedule 4B to the Town and Country Planning Act 1990,”.

33.  In regulation 10 (combination of polls: general) after paragraph (8) add—E+W

“(9) Where the poll at the referendum is to be taken on the same day as the poll is to be taken at a referendum held under Schedule 4B to the Town and Country Planning Act 1990 (neighbourhood planning referendums), the polls may be taken together if the counting officer for each of those referendums thinks fit.”.

34.  In regulation 11 (combination of referendums and election polls: conduct of referendums) in paragraph (1) for “10(1) or (5)” substitute “ 10(1), (5) or (9) ”.E+W

The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012E+W

35.  The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 have effect with the additional modifications set out in paragraph 36.

36.  In regulation 17(3) (combination and timing of polls: general)—E+W

(a)omit “or” and the end of sub-paragraph (o); and

(b)after sub-paragraph (p) insert—

“or

(q)a referendum held by the relevant council under Schedule 4B to the Town and Country Planning Act 1990 (neighbourhood planning referendums).”.

The Police and Crime Commissioner Elections Order 2012E+W

37.  The Police and Crime Commissioner Elections Order 2012 M72 have effect with the additional modifications set out in paragraphs 38 and 39.

38.  In article 2(1) (interpretation), in the definition of “local referendum” after paragraph (c) insert—E+W

“(d)a referendum under Schedule 4B to the Town and Country Planning Act 1990 (neighbourhood planning referendums).”.

39.  In Schedule 4, after paragraph 13(4) insert—E+W

“(5) In relation to a referendum under Schedule 4B to the Town and Country Planning Act 1990, expressions used in this Part of this Schedule are to be read as follows—

“counting agent” means a counting observer as defined by regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012;

“counting officer” means a person referred to in regulation 2 of those Regulations;

“polling agent” means a polling observer as defined in regulation 2 of those Regulations;

“elector” means voter as defined by rule 2 of the Neighbourhood Planning Referendums Rules contained in Schedule 3 of those Regulations or rule 2 of the Neighbourhood Planning Referendums (Combination of Polls) Rules contained in Schedule 5 to those Regulations.”.

Regulation 12

SCHEDULE 5E+WTHE NEIGHBOURHOOD PLANNING REFERENDUMS (COMBINATION OF POLLS) RULES

PART 1E+WCitation and Interpretation

CitationE+W

1.  These Rules may be cited as the Neighbourhood Planning Referendums (Combination of Polls) Rules.

InterpretationE+W

2.—(1) In these Rules—

[F96“anonymous elector’s document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022;]

“polling agent” means a person appointed as such under—

“relevant returning or counting officer” means the returning or counting officer (as the case may be) discharging the functions under regulation 5 of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 M78; F98...

[F99“temporary electoral identity document” has the meaning given in regulation 3(1) of the Voter Identification Regulations 2022; and]

“voter” means a person entitled to vote on their own behalf.

(2) References to the register of local government electors (other than a reference to a person's number on the register) must be construed as references to the part or parts of the register or registers of local government electors which has or have effect in respect of the referendum area.

(3) References to the relevant registration officer are to—

(a)the registration officer of the relevant council;

(b)if the referendum area comprises any part of the area of more than one relevant council, the registration officer of the relevant council in whose portion of the referendum area the greater or greatest (as the case may be) number of electors is registered.

(4) Other expressions used both in these Rules and in the 1983 Act (as it applies to local government elections) have the same meaning in these Rules as they have in that Act.

PART 2E+WProvisions as to Time

TimetableE+W

3.  The proceedings at the referendum are to be conducted in accordance with the following Timetable.

Computation of timeE+W

4.  In computing any period of time for the purposes of the Timetable the days mentioned in regulation 4(5) are to be disregarded, and any such day is not to be treated as a day for the purpose of any proceedings up to the completion of the poll nor is the relevant returning or counting officer, nor the counting officer obliged to proceed with the counting of the votes on such a day.

PART 3E+WGeneral Provisions

Notice of referendumE+W

5.—(1) The counting officer must publish notice of the referendum, stating the date of the poll.

(2) The notice of referendum must state the date by which—

(a)applications to vote by post or by proxy; and

(b)other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the referendum.

Poll to be taken by ballotE+W

6.  A poll must be taken at the referendum and the votes at the poll must be given by ballot.

The ballot papersE+W

7.—(1) The ballot of every person entitled to vote at the referendum must consist of a ballot paper.

(2) Every ballot paper to be used in the referendum must be in the form set out in Form 1, 2 or 3 in the Appendix (as the case may be).

(3) Every ballot paper—

(a)must be capable of being folded up;

(b)must have a number and other unique identifying mark printed on the back; and

(c)must be a different colour from the ballot papers used at any relevant election.

The corresponding number listE+W

8.—(1) Subject to paragraph (2), the relevant returning or counting officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by that officer in pursuance of rule 14(1) or provided by that officer in pursuance of rule 18(1).

(2) Where proceedings on the issue and receipt of postal ballot papers in the referendum are not taken together with such proceedings at one or more relevant elections, the counting officer must prepare the list mentioned in paragraph (1) in respect of all of the ballot papers to be issued by the officer in pursuance of rule 14(1).

(3) The list must be in the form set out in Form 4 in the Appendix or a form to like effect.

The official markE+W

9.—(1) Every ballot paper must contain an appropriate security marking (the official mark).

(2) The official mark must be kept secret.

(3) The counting officer may use a different official mark for different purposes at the same referendum.

Prohibition of disclosure of voteE+W

10.  No person who has voted at the referendum is, in any legal proceeding to question the referendum, required to state for which answer that person has voted.

Use of schools and public roomsE+W

11.—(1) The counting officer and the relevant returning or counting officer may use, free of charge, for the relevant purposes of taking the poll or counting the votes—

(a)a room in a school maintained or assisted by a local authority (as defined in the Education Act 1996 M79) or a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school;

(b)a room the expense of maintaining which is payable out of any rate.

(2) That officer must make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll or counting the votes.

(3) In paragraph (1) “relevant purposes” means—

(a)in the case of the counting officer, the counting of the votes; and

(b)in the case of the relevant returning or counting officer, the taking of the poll and the discharging of the functions under rule 37(1).

Cross-boundary referendum areasE+W

12.—(1) This rule applies where the referendum area comprises any part of the area of more than one relevant council.

(2) Where this rule applies, the Chief Counting Officer must ensure, as far as practicable, that any ballot paper or other document issued in relation to the referendum is in the same form (except for necessary changes) and is issued on the same date in respect of each relevant council.

PART 4E+WAction to be Taken Before the Poll

Notice of pollE+W

13.—(1) The counting officer must publish notice of the poll stating—

(a)the day and hours fixed for the poll; and

(b)the question to be asked in the referendum.

(2) The notice of the poll must be published no later than the sixth day before the date of the referendum.

(3) The relevant returning or counting officer must, not later than the time of the publication of the notice of the poll, also give public notice of—

(a)the situation of each polling station; and

(b)the description of persons entitled to vote there.

(4) The notice published under paragraph (3) must—

(a)state that the poll at the referendum is to be taken together with the poll at a relevant election;

(b)specify the parliamentary constituency, electoral area, F100... Assembly constituency, voting area or, as the case may be, the relevant local authority area for which the relevant election is held; and

(c)where any of the polls are to be taken together in part of the area only, specify that part.

Postal ballot papersE+W

14.—(1) The relevant returning or counting officer must, in accordance with regulations made under the 1983 Act M80, issue to those entitled to vote by post a ballot paper and a postal voting statement in the form set out in Form 6 or 7 in the Appendix (as the case may be), or a form to like effect, together with such envelopes for their return as may be prescribed by such regulations.

(2) The relevant returning or counting officer must also issue to those entitled to vote by post such information as the officer thinks appropriate about how to obtain—

(a)translations into languages other than English of any directions to or guidance for voters and proxies sent with the ballot paper;

(b)a translation into Braille of such directions or guidance;

(c)graphical representations of such directions or guidance;

(d)the directions or guidance in any other form (including any audible form).

(3) The postal voting statement must include provision for the form to be signed and for stating the date of birth of the voter or proxy.

(4) In the case of a ballot paper issued to a person at an address in the United Kingdom, the relevant returning or counting officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter or proxy.

(5) In paragraphs (1), (2) and (4) for “relevant returning or counting officer” substitute “ counting officer ” where proceedings on the issue and receipt of ballot papers at the referendum are not taken together with such proceedings at one or more relevant elections.

Provision of polling stationsE+W

15.—(1) The relevant returning or counting officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot polling stations to voters in such manner as the relevant returning or counting officer thinks most convenient.

(2) The polling stations are the polling places or polling stations (as the case may be) designated for the purposes of the relevant election for which the relevant returning or counting officer discharges functions which are not combined functions.

(3) In paragraph (2) “combined functions” means functions under regulation 5 of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004.

(4) One or more polling stations may be provided in the same room.

(5) The polling station allotted to voters from any parliamentary polling district wholly or partly within the referendum area must, in the absence of special circumstances, be in the parliamentary polling place for that district.

(6) The relevant returning or counting officer must provide each polling station with such number of compartments as may be necessary in which the voters and proxies can mark their votes screened from observation.

[F101(7) The counting officer must ensure that each polling station contains an area in which voters and proxies can produce proof of identity in private.]

Appointment of presiding officers and polling clerksE+W

16.—(1) The relevant returning or counting officer must appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the referendum.

(2) The relevant returning or counting officer may, if that officer thinks fit, preside at a polling station and the provisions of these Rules relating to a presiding officer apply to a relevant returning or counting officer so presiding with the necessary modifications as to things to be done by the relevant returning or counting officer to the presiding officer or by the presiding officer to the relevant returning or counting officer.

(3) A presiding officer may do, by the clerks appointed to assist the officer, any act (including the asking of questions) which the officer is required or authorised by these Rules to do at a polling station [F102except—

(a)order the arrest, exclusion or removal of any person from the polling station,

(b)refuse to deliver a ballot paper under rule 25(3) or rule 27(1E) (including that rule as applied by rule 28, 28 or 30), or

(c)resolve doubts over identity as mentioned in rule 27(1F) (including that paragraph as applied by rule 28, 29 or 30).]