The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013

UK Statutory Instrument 2013 No. 798 — creates 9 criminal offences.

9offences created

0recorded in force

0revoked

Made: 5 April 2013
In force from: Not determined
Extent: Not stated
Subject: Housing, planning, heritage and land
Made under: Planning and Compulsory Purchase Act 2004, Schedule 4B to the Town and Country Planning Act 1990

Explanatory note

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

These Regulations make provision for the conduct of additional “business referendums” held under paragraph 12(4) of Schedule 4B to the Town and Country Planning Act 1990 (“the 1990 Act”). These Regulations only apply in relation to England. The business referendums will relate to the question of whether a neighbourhood development plan or a neighbourhood development order is approved. Provision is made by amending the Neighbourhood Planning (Referendums) Regulations 2012 (“the Referendums Regulations”). Additional referendums are provided for in paragraph 15 of Schedule 4B and are required for a neighbourhood area which has been designated as a business area and are in addition to the residential referendum for the area. Regulation 3 inserts definitions of “business referendum” and “residential referendum” into regulation 2 (Interpretation) of the Referendums Regulations. Regulation 4 amends regulation 4 (Information to be made available in relation to referendums) of the Referendums Regulations. In particular it provides that information must be published in connection with a referendum and a business referendum in a designated business area not fewer than 56 days before the date it is held. Regulation 5 amends regulation 6 (General restriction on referendum expenses) of the Referendums Regulations by modifying the formula for referendum expenses where there is a business referendum. Regulation 6 amends regulation 8 (Conduct of referendum: poll at referendum not take together with poll at relevant election or referendum), 11 (Cross-boundary referendum areas and the Chief Counting Officer) and 12 (Combination of polls: conduct of referendum) of the Referendums Regulations so that a business referendum cannot be combined with any other election or referendum (including the residential neighbourhood planning referendum (“corresponding residential referendum”)). Regulation 7 inserts regulation 17 (Business referendums) and Schedules 6, 7 and 8 into the Referendums Regulations. Regulation 17 provides in particular that a business referendum must be held on the same day as the corresponding residential referendum. Regulation 8 amends Schedule 3 of the Referendums Regulations to correct an error in those Regulations and to make the correct provision for the mode by which a legal challenge may be brought in relation to a referendum held under paragraph 14 of Schedule 4B to the 1990 Act. Schedule 6 sets out the rules for the business voting register. In particular the Schedule makes provision for obtaining data from the business rates records held by local authorities, sending out invitations to register, compilation, publication and supply of the business voting register, alteration of the business voting register and appeals. Schedule 7 sets out the rules which apply to the conduct of business referendums. These rules are based closely on the rules for conduct of referendums set out in Schedule 3 to the Referendums Regulations. Schedule 8 sets out the election legislation which is to apply to business referendums, and how that legislation is modified, namely the Representation of the People Act 1983, Representation of the People Act 2000, Political Parties, Elections and Referendums Act 2000 and the Electoral Administration Act 2006.

Offences created by this instrument

A person (“P”) shall be guilty of an offence if— a P applies to vote as named voter (in person or by post) when… SCHEDULE 3 · Status not determined · Requires proof of a state of mind
A person (“P”) shall be guilty of an offence if— a P votes as a named voter for the same business vote holder more… SCHEDULE 3 · Status not determined · Mixed — some elements strict, some not
A person (“P”) shall also be guilty of an offence if he votes as named voter for more than two business vote holders SCHEDULE 3 · Status not determined · Mixed — some elements strict, some not
Interference with notices paragraph 46 of SCHEDULE 1 · Status not determined · Strict liability
Provision of false information paragraph 47(1) of SCHEDULE 1 · Status not determined · Strict liability
Copies of the register paragraph 48(2) of SCHEDULE 1 · Status not determined · Strict liability
Supply of the register paragraph 49(1) of SCHEDULE 1 · Status not determined · Strict liability
Supply of the register paragraph 49(1)(a) of SCHEDULE 1 · Status not determined · Strict liability
Power to require information paragraph 50(2) of SCHEDULE 1 · 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.

Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 Lords · Grand Committee · 18 March 2013 · Lord Ahmad of Wimbledon
My Lords, neighbourhood planning is a vital part of the Government’s reforms to help local communities play a much stronger role in shaping the areas in which they live and work and in supporting new development proposals. For the first time, community groups can produce plans that have a real statutory weight in the planning system. Neighbourhood planning is therefore one of the most exciting innovations of the localism agenda. We are delighted that neighbourhood planning is taking off across the country. Indeed, we are aware of more than 500 places looking to bring forward a neighbourhood…
Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 Lords · Grand Committee · 18 March 2013 · Lord Ahmad of Wimbledon
That the Grand Committee do report to the House that it has considered the Neighbourhood Planning (Referendums) (Amendment) Regulations 2013. Relevant document: 21st Report from the Joint Committee on Statutory Instruments.
Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 Lords · Grand Committee · 18 March 2013
Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 Lords · Lords Chamber · 20 March 2013
Business without Debate Commons · Commons Chamber · 25 March 2013
That the draft Neighbourhood Planning (Referendums) (Amendment) Regulations 2013, which were laid before this House on 25 February, be approved. —(Mr Evennett.)

How Parliament handled it

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