Business referendums17

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.