The Regional Assembly and Local Government Referendums Order 2004

UK Statutory Instrument 2004 No. 1962 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 22 July 2004
In force from: 23 July 2004
Extent: Not stated
Subject: Elections and representation of the people
Made under: Political Parties, Elections and Referendums Act 2000, Regional Assemblies (Preparations) Act 2003

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

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.

Offences created by this instrument

Retention and public inspection of documents paragraph 65(5) of SCHEDULE 1 · Status not determined · Strict liability
Requirement of Secrecy paragraph 66(9) of SCHEDULE 2 · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Devolution Commons · Commons Chamber · 21 July 2004 · Mr. Raynsford
If the hon. Gentleman will bear with me, I shall deal specifically with that question later. He raises a legitimate point about concerns as to the safety of the ballot. We have given the matter careful consideration and I shall set out our response in a moment. However, I was talking about turnout and I should like to focus on that. I said at the time, and I am happy to repeat it, that if the turnout for the referendums were so low as to be derisory, the Government would not be bound to implement their proposals. None the less, we consider it our duty to do everything in our power to…
Devolution Commons · Commons Chamber · 21 July 2004 · Mr. Raynsford
Together with the three orders already considered Upstairs, confirming the dates for referendums and the options for local government reorganisation, these orders represent the package of secondary legislation necessary to provide for the proper conduct of this autumn's regional and local referendums. The orders set out, first, the rules and procedures for the referendums, including the postal ballot; secondly, the amounts counting officers can receive for their fees and expenses in connection with the referendums; and, thirdly, the spending limits for those campaigning in the referendums. I…
Devolution Commons · Commons Chamber · 21 July 2004
That the draft Regional Assembly and Local Government Referendums Order 2004, which was laid before this House on 24th June, be approved.
Devolution Commons · Commons Chamber · 21 July 2004 · The Minister for Local and Regional Government (Mr. Nick Raynsford)
I beg to move, That the draft Regional Assembly and Local Government Referendums Order 2004, which was laid before this House on 24th June, be approved.
Regional Assembly And Local Government Referendums Order 2004 Lords · Lords Chamber · 22 July 2004

How Parliament handled it

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