PART 2

POLITICAL PARTIES, ELECTIONS AND REFERENDUMS ACT 2000 PART 7, CHAPTER 2

(REGIONAL ASSEMBLY AND LOCAL GOVERNMENT REFERENDUMS)

TABLE

    (1) (2)
    Provision Modification
    Section 111 (referendum expenses) In subsection (2), for "in relation to a referendum to which this Part applies" substitute "in relation to a Regional Assembly referendum or local government referendum".
         In subsection (3), after "asked in the referendum" insert "or, in the case of a local government referendum, any question asked at any other local government referendum held in the same region, at which the date of the referendum is the same date,".
    Section 112 (notional referendum expenses)     
    Section 113 (restriction on incurring referendum expenses)     
    Section 114 (restrictions on payments in respect of referendum expenses)     
    Section 115 (restrictions on making claims in respect of referendum expenses)     
    Section 116 (disputed claims)     
    Section 117 (general restriction on referendum expenses) For subsection (1), substitute - 

        " (1) The referendum expenses incurred by or on behalf of any individual or body during the referendum period in relation to - 

      (a) a Regional Assembly referendum, and

      (b) all the local government referendums, the polls at which are combined with the poll at the Regional Assembly referendum,must not in total exceed £10,000, unless the individual or body is a permitted participant at every referendum in relation to which the expenses are incurred."
    Section 118 (special restrictions on referendum expenses by permitted participants) For subsection (1), substitute - 

        " (1) Schedule 14 has effect for imposing, in connection with a Regional Assembly referendum, and all local government referendums at which the polls are taken together with the poll at the Regional Assembly referendum, limits on the combined total of referendum expenses that may be incurred by or on behalf of an individual or body as a permitted participant in relation to those referendums during the referendum period.

        (1A) In this section, sections 121 to 123 and Schedule 14, any reference to referendum expenses incurred by or on behalf of a permitted participant during the referendum period means the combined total of referendum expenses incurred by or on behalf of an individual or body, in relation to such of the Regional Assembly referendum and local government referendums in the region in question at which the individual or body is a permitted participant."
    Section 119 (control of donations to permitted participants)     
    Section 120 (returns as to referendum expenses)     
    Section 121 (auditor's report on return)     
    Section 122 (delivery of returns to Commission)     
    Section 123 (declaration of responsible person as to return under section 120)     
    Section 124 (public inspection of returns under section 120)     
    Schedule 13 (referendum expenses; qualifying expenses)     
    Schedule 14, paragraph 2 (limits on referendum expenses by permitted participants) In sub-paragraph (1), after "a referendum to which this Part applies" insert "including a local government referendum".
    Schedule 15 (control of donations to permitted participants)     



EXPLANATORY NOTE

(This note is not part of the Order)


Part 1 of the Regional Assemblies (Preparations) Act 2003 provides for the holding of a referendum in a region about the establishment of an elected assembly for that region ("a Regional Assembly referendum"), and on the same date holding referendums in the parts of the region that have both county and district councils, about the reorganisation of those local authorities into a single tier of local government ("a local government referendum").

Part 7 of the Political Parties, Elections and Referendums Act 2000 makes provision for the conduct of referendums within the United Kingdom, including Regional Assembly referendums, but does not apply to local government referendums.

This Order, made under both section 129 of the Political Parties, Elections and Referendums Act 2000 and under sections 2 and 7 of the Regional Assemblies (Preparations) Act 2003, prescribes the procedure to be followed for the conduct of a Regional Assembly referendum and, in those areas where the polls at a Regional Assembly referendum and local government referendum are held on the same date, for the conduct of those referendums as combined polls.

The provisions of the Order are based on corresponding provisions applicable in parliamentary and local government elections, modified to take account of differences such as the absence of candidates and that the Regional Assembly referendums and local government referendums are to be held as all-postal ballots. The provisions are also based on provisions in the European Parliamentary and Local Elections (All-Postal) Pilot Order 2004, made under sections 1, 2 and 8 of the European Parliamentary and Local Elections (Pilots) Act 2004.

Article 3 and Schedule 1 provide rules for the conduct of a Regional Assembly referendum held under section 1(1) of the Regional Assemblies (Preparations) Act 2003 or a local government referendum held under section 2(2) of that Act. The Rules in Schedule 1 include provision for where the poll at a Regional Assembly referendum is held in a voting area without combining with another poll, and for where the polls at a Regional Assembly referendum and local government referendum are held in combination.

Article 4 provides that the polls at a local government referendum held on the same date as a Regional Assembly referendum in the region shall be combined.

Article 5 requires the polls to be taken by all-postal ballot. The means for delivery of ballot papers (and security statements) by voters is by post, or by hand to the counting officer or delivery places provided by the counting officer.

Article 6 and Schedule 2 apply to the referendums, with modifications, relevant provisions in the Representation of the People Act 2000, Representation of the People Act 1983 and Representation of the People (England and Wales) Regulations 2001. Provision is made for electors entitled to a proxy vote at local government elections for an indefinite or definite period to be entitled automatically to a proxy vote at the referendums.

Article 7 and Schedule 3 apply provisions from the Political Parties, Elections and Referendums Act 2000 to local government referendums. The provisions are mainly those concerning permitted participation and expenditure at such referendums. Part 2 of Schedule 3 also ensures that restrictions on referendum expenditure apply jointly in relation to participation at a Regional Assembly referendum and all local government referendums in a region.

Article 8 authorises the supply and use of the electoral register to the Electoral Commission for the performance of its functions under the Regional Assemblies (Preparations) Act 2003 relating to the referendums.

Articles 9 and 10 provide for the Chief Counting Officer and counting officers who are responsible for the conduct of the Regional Assembly referendum in the voting area for a local government referendum, also to be responsible for and have the conduct of, that local government referendum, including certification of the result.

Article 11 provides for a referendum agent to act on behalf of a permitted participant for the purposes of appointing counting agents and agents to attend proceedings in respect of the receipt of ballot papers.

Articles 12 and 13 provide for matters relating to advertisements and non-domestic rating which correspond to provisions applying in relation to elections.

A full Regulatory Impact Assessment has been not been prepared for this instrument as it has no impact on the costs of businesses, charities or voluntary bodies.

Notes:

 [1] 2003 c. 10.back

[2] 2000 c. 41.back

[3] 1983 c. 2.back

[4] 2000 c. 41.back

[5] S.I. 2001/341, amended by S.I. 2001/1700 and S.I. 2002/1871.back

[6] 2003. c. 10.back

[7] 2000 c. 2.back

[8] See rule 10(1) and Form 4 of the Regional Assembly and Local Government Referendum Rules.back

[9] See rule 21(1) of the Regional Assembly and Local Government Referendum Rules.back

[10] See rule 30(1) of the Regional Assembly and Local Government Referendum Rules.back

[11] For the designation or appointment of a Chief Counting Officer for a Regional Assembly referendum, and for the appointment of counting officers for such referendum see section 128 of the Political Parties, Elections and Referendums Act 2000 (c. 41).back

[12] See section 105(2) of the Political Parties, Elections and Referendums Act 2000 (c. 41).back

[13] 1971 c. 80.back

[14] S.I. 1992/666; see regulation 3(2) and Class F in Schedule 2.back

[15] 1988 c. 41.back

[16] 1983 c. 2.back

[17] 2000 c. 41.back

[18] S.I. 2001/341, amended by S.I. 2001/1700 and S.I. 2002/1871.back

[19] 2003 c. 10.back

[20] 2000 c. 2.back

[21] 2000 c. 26.back

[22] 1971 c. 80.back

[23] The section is modified by this Order, see Schedule 2, Table 2.back

[24] For the meaning of "list of redirection addresses" see paragraph 5(7) of Schedule 4 to the Representation of the People Act 2000 (c. 2) as modified by Schedule 2, Part 1 to this Order.back

[25] The Electoral Commission is established by section 1 of the Political Parties, Elections and Referendums Act 2000 (c. 41).back

[26] 1983 c. 2. Section 66 was amended by Schedule 3 to the Representation of the People Act 1985 (c. 50). There were other amendments not relevant to this Order.back

[27] 1972 c. 70.back

[28] See section 2002(1) of the Representation of the People Act 1983 (c. 2) for the definition of "relevant citizen of the Union".back

[29] There are amendments not relevant to this Order.back

[30] Section 47(1) was amended by S.I. 1991/1728, regulation 4.back

[31] Section 49(5) was substituted by S.I. 1995/1948, Schedule 2 and amended by the Representation of the People Act 2000 (c. 2), Schedule 1.back

[32] Section 52 was amended by Schedules 4 and 5 to the Representation of the People Act 1985 (c. 50) and Schedules 1 and 7 to the Representation of the People Act 2000 (c. 2).back

[33] Section 54 was amended by Schedule 4 to the Representation of the People Act 1985 (c. 50).back

[34] Section 52 was amended by Schedules 2, 4 and 5 of the Representation of the People Act 1985 (c. 50) and Schedules 1 and 7 to the Representation of the People Act 2000 (c. 2).back

[35] Section 61 was amended by the Representation of the People Act 1985 (c. 50), Schedules 2 and 5 and by the Greater London Authority Act 1999 (c. 29), Schedule 3, paragraphs 1 and 10.back

[36] Section 63 was substituted by Schedule 4 to the Representation of the People Act 1985 (c. 50). Subsection (3) was amended by S.I. 2001/1149, Schedule 1.back

[37] Subsections (3) and (4) were substituted by the Representation of the People Act 1985 (c. 50), Schedule 3.back

[38] Section 66A was inserted by the Representation of the People Act 2000 (c. 2), Schedule 6.back

[39] Subsection (1) was substituted by the Broadcasting Act 1990 (c. 42), Schedule 20.back

[40] Subsection (2) was amended by the Representation of the People Act 1985 (c. 50), Schedule 4.back

[41] Subsection (2) was substituted by the Representation of the People Act 1985 (c. 50), Schedule 23.back

[42] See section 105 of the Political Parties, Elections and Referendums Act 2000 (c. 41) and as applied with modifications by Schedule 3 to this Order.back

[43] Amended, so far as relevant, by the Representation of the People Act 1985 (c. 50), Schedule 3.back

[44] There are amendments not relevant to this Order.back

[45] The definitions of "money" and "pecuniary reward" were amended by the Political Parties, Elections and Referendums Act 2000 (c. 41), Schedule 18.back

[46] Subsections (2) and (3) were substituted by section 19(4) of the Representation of the People Act 1985 (c. 50).back

[47] Subsection (1A) was inserted by Schedule 4 to the Representation of the People Act 1985. Subsection (4) was repealed by Schedule 18 and 22 to the Political Parties, Elections and Referendums Act 2000 (c. 41). Subsection (5) was substituted by Schedule 18 to the Political Parties, Elections and Referendums Act 2000.back

[48] Section 168 was amended by the Representation of the People Act 1985 (c. 50), Schedules 3, 4 and 5.back

[49] Section 169 was amended by the Representation of the People Act 1985, Schedules 3, 4 and 5.back

[50] Section 175 was amended by the Representation of the People Act 1985 (c. 50), Schedule 3 and by the Political Parties, Elections and Referendums Act 2000 (c. 41), Schedule 21.back

[51] Section 176 was amended by Schedules 4 and 5 to the Representation of the People Act 1985.back

[52] Section 178 was amended by Schedule 4 to the Representation of the People Act 1985 (c. 50).back

[53] Section 180A was inserted by Schedule 1 to the Representation of the People Act 1985.back

[54] Subsection (1) was substituted by Schedule 4 to the Representation of the People Act 1985 (c. 50).back

[55] Subsection (1) was amended by the Political Parties, Elections and Referendums Act 2000 (c. 41), Schedule 18. Subsection (2) was amended by S.I. 2001/1149, Schedule 1.back

[56] The definition of "public office" was amended by Schedule 17 to the Political Parties, Elections and Referendums Act 2000 (c. 41).back

[57] Subsections (1) and (1A) was substituted by the Representation of the People Act 1985 (c. 50), Schedule 4.back

[58] The definitions of "the absent voters list", "the list of proxies" and "overseas elector's declaration" were inserted by the Representation of the People Act 1985 (c. 50), Schedule 2, and the definitions of "the absent voters list" and "the list of proxies" were amended by the Representation of the People Act 2000 (c. 2), Schedule 6. The definition of "citizen of the Union" and "relevant citizen of the Union" were inserted by S.I. 1995/1948. The definition of "legal process" was inserted by Schedule 18 to the Political Parties, Elections and Referendums Act 2000 (c. 41). The definition of "proper officer" was inserted by Schedule 3 to the Greater London Authority Act 1999 (c. 29). The definition of "qualifying address" was inserted by Schedule 1 to the Representation of the People Act 2000 (c. 2).back

[59] Amended by the Greater London Authority Act 1999 (c. 29), Schedule 3; the Local Government Act 1985 (c. 51), Schedules 9 and 17; the Education Reform Act 1988 (c. 40), Schedule 13; the Representation of the People Act 1985 (c. 50), Schedule 4; and the Local Government (Wales) Act 1994 (c. 19), Schedule 16.back


ISBN 0 11 049468 7


 

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