UK Offence Report

General restriction on referendum expenses

regulation 6(3) of The Local Authorities (Conduct of Referendums) (England) Regulations 2007

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

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.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Objective fault
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove that the conduct happened and that it fell below the standard the provision sets. That is an objective test - what a reasonable person in the same position would have done, not what this defendant actually thought.

What a person personally believed or intended is not the question; the standard is what was reasonable.

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: objective standard in the offence-creating words: ought reasonably to have known; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

ly 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.

What would breach regulation 6(3)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words an offence is committed where a person 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.
  2. Doing what the provision prohibits, or failing to do what it requires under the Local Authorities (Conduct of Referendums) (England) Regulations 2007.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
Unlimited
Maximum prison (summary)
1 year
Maximum prison (on indictment)
1 year

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Revoked
Revoked by
The Local Authorities (Conduct of Referendums)(England) Regulations 2012
Made
13 July 2007
In force from
Not determined
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations re-enact Regulations of the same name made in 2001 (S.I. 2001/1298) (“the 2001 Regulations”) to make provision for the conduct of referendums to be held under section 27 of the Local Government Act 2000 (c. 2) (“the 2000 Act”), or by virtue of regulations or an order made under any provision of Part 2 of the 2000 Act. These Regulations apply only in relation to England. The referendums will relate to the question of whether a county, district or London borough council should adopt executive arrangements that include a mayor and cabinet executive, a mayor and council manager executive or a leader and cabinet executive. The principal changes that are made to the 2001 Regulations are, first, to make the changes necessary to implement the changes made by the Electoral Administration Act 2006 (c. 22) (“the 2006 Act”) in this context; secondly, to set out the rules for the conduct of referendums in full; and, thirdly, to remove the option of a referendum being conducted by means of an all-postal ballot. Regulation 3 and Schedule 1 prescribe the form of words of the question to be asked in the referendum. Regulation 4 requires public notice to be given of the authority’s proposals under section 25 of the 2000 Act or, as the case may be, under regulation 17 or 19 of the Local Authorities (Referendums) (Petitions and Directions) Regulations 2000 (“the Petitions and Directions Regulations”), under regulations under section 30 or 33 of the 2000 Act, or an order under section 36 of that Act. The notice must specify the date of the referendum, various matters relating to the conduct of the referendum, and the availability for public inspection of the authority’s proposals. This regulation also allows authorities to provide factual information about their proposals, outline fall-back proposals and the referendum, so long as the information is presented fairly. Regulation 5 imposes restrictions on the material that may be published, displayed or distributed by and on behalf of the authority during the period of 28 days before the date of the referendum. Regulation 6 imposes a referendum expenses limit on the amount that may be incurred by way of referendum expenses (both terms are defined in regulation 6(1), to which Schedule 2 is relevant). The amount of referendum expenses is uprated to reflect inflation between the making of the 2001 Regulations and these Regulations. An offence is created for expenditure in excess of the referendum expenses limit. Regulation 7 provides for amounts relevant to the use of certain property, services and facilities to be treated as incurred by way of referendum expenses for the purposes of regulation 6. Regulation 8 provides for the conduct of a referendum which is not combined with any other polls. The 2001 Regulations applied for this purpose The Local Elections (Principal Areas) Rules 1986 (S.I. 1986/2214) with modifications. These Regulations set out the rules for the conduct of a referendum in full (the Local Government Act Referendums Rules), in Schedule 3. The changes which reflect the 2006 Act are summarised at the end of this note. Other electoral legislation is applied, with modifications, to facilitate the conduct of referendums (as set out in Tables 1 to 6 of Schedule 4). Regulation 9 specifies who is to be the counting officer at the referendum. Regulation 10 provides for the poll at the referendum to be combined with polls at the elections specified in it, where the referendum would otherwise be held within a period of 28 days either before or after the date of the election. There are two principal exceptions to this. The first (as contained in paragraph (3)) applies where public notice has already been given of the referendum before an announcement of the date of certain of the elections specified in this paragraph. Where this exception applies, the referendum is to be held on the date of which public notice has been given. The second (as contained in paragraph (5)) applies where the combination of polls would result in the poll at the referendum being held between five and six months after the date that is determined for the purposes of Part 2 of the Petitions and Directions Regulations as the “petition date”, or in a case in which the Secretary of State has directed that a referendum be held, the date of his direction. In such a case the referendum may be (but need not be) held in a period provided under the Petitions and Directions Regulations. Regulation 10 also provides for the optional combination of referendums with elections to fill casual vacancies in the case of councillors, or, in London, vacancies in Greater London Authority constituencies. It provides for the combination of referendums with other referendums held under the 2000 Act by other authorities. Regulation 11 makes provision for the conduct of referendums when combined with elections. The rules for conducting such referendums are again set out in full (the Local Government Act Referendums (Combination of Polls) Rules), in Schedule 5. Other electoral legislation is applied to facilitate the conduct of such referendums, as is the case with referendums which are not combined with other polls. Regulation 12 makes provision about the conduct of elections, when they are combined with the poll at a referendum. Regulation 13 makes provision about the conduct of a referendum the poll at which is combined with another referendum. Regulation 14 deals with the result of the referendum, subject to the provisions which allow the result of the referendum to be challenged. Regulation 15 makes provision for a referendum to be challenged by the bringing of a referendum petition. The provisions of the Representation of the People Act 1983 (c. 2) contained in Schedule 6 are applied with modifications to facilitate this. Regulations 16 and 17 address the immediate consequences of the bringing of a referendum petition (as to whether the authority may implement or continue to operate new executive arrangements in pursuance of the referendum) and how a referendum petition is to be determined. Regulation 18 provides for certain days to be ignored in computing certain periods of time for the purposes of these Regulations. Regulation 19 exempts advertisements relating specifically to the referendum from regulations under the Town and County Planning Act 1990 (c. 8) controlling the display of advertisements. Regulation 20 provides that premises used in relation to the referendum for public meetings or the taking of the poll are to be treated as unoccupied for rating purposes. Schedule 1 prescribes the referendum questions. Schedule 2 makes provision about the matters relevant to referendum expenses. Schedule 3 contains the Local Government Act Referendums Rules. Schedule 4 applies electoral legislation with modifications to facilitate the conduct of referendums (and with the exception of Tables 1, 4 and 5) elections combined with referendums. Provisions from the following enactments and subordinate legislation are applied: the Representation of the People Acts 1983 (c. 2), 1985 (c. 50) and 2000 (c. 2), the Political Parties, Elections and Referendums Act 2000 (c. 41), the 2006 Act and the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341). Schedule 5 contains the Local Government Act Referendums (Combination of Polls) Rules. Schedule 6 applies with modifications provisions of the Representation of the People Act 1983 for the purposes of the bringing of a referendum petition to challenge the result in a referendum. Schedule 7 makes modifications to the Election Petition Rules 1960, when applied to referendums by regulation 15(9). The provisions of the Local Government Act Referendums Rules and the Local Government Act Referendums (Combination of Polls) Rules (collectively, “the Rules”) which reflect changes made by the 2006 Act include the following. The Rules reflect new security measures introduced by the 2006 Act. Security markings on ballot papers are provided for; so too are unique identifying marks. Counterfoils on ballot papers are replaced by corresponding number lists. Requirements are imposed requiring postal voters and postal proxies to provide both their signature and date of birth when returning postal ballot papers. The Rules reflect alterations as to the circumstances in which a person may give a tendered vote. New requirements are introduced as to the information and accessibility of information to be provided by counting officers to voters. The Rules reflect changes made as to the persons who may be admitted to a polling station and the count to observe referendums. Amendments are made to provide for transmission of information to a presiding officer of alterations to the electoral register taking effect on the day of the poll. Amendments consequential upon the introduction of a scheme for the anonymous registration of certain electors are made. The Rules reflect changes made regarding the retention and inspection of referendum documents after the poll. The new forms which are appended to the Rules reflect the changes made by the 2006 Act.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source