THE NEIGHBOURHOOD PLANNING REFERENDUMS RULES
Other duties (1) — Crown / regulator
- Counting officer must manage and conduct neighbourhood planning referendums Local authority
UK Statutory Instrument
2012
United Kingdom
The Neighbourhood Planning (Referendums) Regulations 2012
At a glance
What's here
86 compliance obligations
Penalty landscape
3 of 86 obligations carry an unlimited fine. 2 carry different penalties and 81 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 5
Plus 81 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Cross-boundary referendum areas
Other duties (1) — Crown / regulator
- Chief Counting Officer must ensure uniform ballot papers across councils in cross-boundary referendums Crown / Minister / Government department
Postal ballot papers
Other duties (1) — Crown / regulator
- Counting officer must issue postal ballot papers with accessible information and free return postage Local authority
Provision of polling stations
Other duties (1) — Crown / regulator
- Counting officer must provide sufficient polling stations and private voting areas Local authority
Appointment of presiding officers and polling clerks
Other duties (1) — Crown / regulator
- Counting officer must appoint presiding officers and polling clerks for referendums Local authority
Equipment of polling stations
Other duties (1) — Crown / regulator
- Counting officer must equip polling stations with required materials and notices Local authority
Appointment of polling observers and counting observers
Other duties (1) — Crown / regulator
- Counting officer must appoint counting observers for neighbourhood planning referendums Local authority
Admission to polling station
Other duties (1) — Crown / regulator
- Presiding officer must control who enters the polling station Local authority
Keeping of order in station
Other duties (1) — Crown / regulator
- Presiding officer must keep order at polling station Local authority
Challenge of voter or proxy
Other duties (1) — Crown / regulator
- Do not prevent voting based solely on observer's suspicion or arrest for personation Local authority
Refusal to deliver ballot paper
Other duties (1) — Crown / regulator
- Record all refusals to deliver ballot papers on the refusal list Local authority
Correction of errors on day of poll
Other duties (1) — Crown / regulator
- Presiding officer must keep list of voters affected by register changes on polling day Local authority
Procedure on close of poll
Other duties (1) — Crown / regulator
- Presiding officer must seal and package ballot papers after poll close Local authority
The count
Other duties (1) — Crown / regulator
- Counting officer must conduct the referendum count fairly and transparently Local authority
Re-count
Other duties (1) — Crown / regulator
- Counting officer must prepare provisional statement and comply with re-count directions Local authority
Rejected ballot papers
Other duties (1) — Crown / regulator
- Counting officer must reject invalid ballot papers and report results Local authority
Sealing up of ballot papers
Other duties (1) — Crown / regulator
- Counting officer must seal up counted and rejected ballot papers after counting Local authority
The corresponding number list
Other duties (1) — Crown / regulator
- Prepare a list of ballot paper numbers before issuing them Local authority
Cross-boundary referendum areas
Other duties (1) — Crown / regulator
- Chief Counting Officer must standardise ballot papers across councils in cross-boundary referendums Crown / Minister / Government department
Postal ballot papers
Other duties (1) — Crown / regulator
- Returning officer must issue postal ballots with accessible information Local authority
Provision of polling stations
Other duties (1) — Crown / regulator
- Provide sufficient polling stations and ensure private voting facilities Local authority
Appointment of presiding officers and polling clerks
Other duties (1) — Crown / regulator
- Appoint and pay presiding officers and clerks for referendums Local authority
Equipment of polling stations
Other duties (1) — Crown / regulator
- Equip polling stations for neighbourhood planning referendums Local authority
Appointment of polling observers and counting observers
Other duties (1) — Crown / regulator
- Appoint counting observers and notify relevant returning officer of observer appointments Local authority
Keeping of order in station
Other duties (1) — Crown / regulator
- Presiding officer must keep order at polling station Local authority
Challenge of voter or proxy
Other duties (1) — Crown / regulator
- Do not prevent voting solely because of observer challenge or arrest Local authority
Voting procedure
Other duties (1) — Crown / regulator
- Polling station staff must verify voter identity and issue ballot papers correctly Local authority
Refusal to deliver ballot paper
Other duties (1) — Crown / regulator
- Presiding officer must record refusals to deliver ballot papers Local authority
Correction of errors on day of poll
Other duties (1) — Crown / regulator
- Presiding officer must keep list of voters issued corrected ballot papers Local authority
Procedure on close of poll
Other duties (1) — Crown / regulator
- Presiding officer must seal and package ballot papers after poll close Local authority
Attendance at counting of votes
Other duties (1) — Crown / regulator
- Counting officer must arrange transparent vote count with observers Local authority
Re-count
Other duties (1) — Crown / regulator
- Counting Officer must follow re-count procedure in multi-council referendums Local authority
Rejected ballot papers
Other duties (1) — Crown / regulator
- Counting officer must reject invalid ballot papers and record rejections Local authority
Sealing up of ballot papers
Other duties (1) — Crown / regulator
- Counting officer must seal up and not open certain ballot papers and lists Local authority
The corresponding number list
Other duties (1) — Crown / regulator
- Returning or counting officer must prepare corresponding number list for ballot papers Local authority
Invitation to register
Other duties (1) — Crown / regulator
- Council must send voting invitation to business ratepayers Local authority
Registration response
Other duties (1) — Crown / regulator
- Business registration officer must process completed registration forms by the deadline Local authority
Business voting register
Other duties (1) — Crown / regulator
- Business registration officer must compile and maintain the business voting register Local authority
Business voter identifier records
Other duties (1) — Crown / regulator
- Keep business voter identifier records for 12 months Local authority
Voters list
Other duties (1) — Crown / regulator
- Business registration officer must keep a list of business voters with addresses and voting method Local authority
Procedure for removal from register
Other duties (1) — Crown / regulator
- Business registration officer must remove ineligible voters from register Local authority
Hearings
Other duties (1) — Crown / regulator
- Business registration officer must hold hearings for register challenges Local authority
Publication of business voting register
Other duties (1) — Crown / regulator
- Publish business voting register for inspection before referendum Local authority
Supply of copy of business voting register to the British Library and restrictions on use
Other duties (1) — Crown / regulator
- British Library must restrict access and use of the business voting register Statutory regulator
Supply of copy of business voting register to the Office for National Statistics and restrictions on use
Other duties (1) — Crown / regulator
- ONS must keep business voting register data secure and restrict use Statutory regulator
Communication of alterations made on polling day
Other duties (1) — Crown / regulator
- Notify polling staff of last-minute register changes on polling day Local authority
Inspection of documents open to public inspection
Other duties (1) — Crown / regulator
- Business registration officer must make referendum documents available for inspection within 10 days Local authority
Interference with notices
Fine up to £1,000- Interfere with neighbourhood planning referendum notices Any Person
Provision of false information
Unlimited fine- Provide false information to business voting register Any Person
Copies of the register
Unlimited fine- Copy business voting register without authorisation Any Person
Supply of the register
Unlimited fine- Contravene register supply rules Any Person
Power to require information
Fine up to £1,000- Fail to give information for business voting register Any Person
Non-domestic rates billing information and the initial registration list
Other duties (1) — Crown / regulator
- Billing authority must provide ratepayer information for business referendums Local authority
Cross-boundary referendum areas
Other duties (1) — Crown / regulator
- Chief Counting Officer must ensure uniform ballot papers and same polling date across council boundaries Local authority
Postal ballot papers
Other duties (1) — Crown / regulator
- Counting officer must issue postal ballot papers and provide accessible information Local authority
Refusal to issue postal ballot paper
Other duties (1) — Crown / regulator
- Counting officer must not issue duplicate postal ballot papers for same business voter Local authority
Sealing up of completed corresponding number lists and security of special lists
Other duties (1) — Crown / regulator
- Counting officer must seal completed ballot paper lists and secure voters list Local authority
Cancellation of postal ballot papers
Other duties (1) — Crown / regulator
- Counting officer must cancel postal ballot papers and keep a record Local authority
Spoilt postal ballot papers
Other duties (1) — Crown / regulator
- Counting officer must issue replacement postal ballot papers for spoilt ones Local authority
Lost postal ballot papers
Other duties (1) — Crown / regulator
- Counting officer must issue replacement postal ballot papers for lost or missing documents Local authority
Postal ballot boxes and receptacles
Other duties (1) — Crown / regulator
- Counting officer must provide and secure postal ballot boxes and receptacles Local authority
Opening of covering envelopes
Other duties (1) — Crown / regulator
- Counting officer must open, count and process postal vote covering envelopes Local authority
Retrieval of cancelled postal ballot papers
Other duties (1) — Crown / regulator
- Counting officer must retrieve cancelled postal ballot papers and handle them properly Local authority
Lists of rejected postal ballot papers
Other duties (1) — Crown / regulator
- Counting officer must keep two lists of rejected postal ballot papers Local authority
Provision of polling stations
Other duties (1) — Crown / regulator
- Counting officer must provide sufficient polling stations and allocate voters conveniently Local authority
The appointment of presiding officers and polling clerks
Other duties (1) — Crown / regulator
- Counting officer must appoint and pay presiding officers and clerks for polling stations Local authority
Equipment of polling stations
Other duties (1) — Crown / regulator
- Counting officer must equip polling stations for neighbourhood planning referendums Local authority
Appointment of polling observers and counting observers
Other duties (1) — Crown / regulator
- Counting officer must appoint counting observers Local authority
Admission to polling station
Other duties (1) — Crown / regulator
- Presiding officer must control admission to neighbourhood planning referendum polling station Local authority
Consistency of ballot papers and documents
Other duties (1) — Crown / regulator
- Counting officers must keep referendum ballot papers consistent Local authority
Keeping of order in polling station
Other duties (1) — Crown / regulator
- Presiding officer must keep order at polling station Local authority
Questions to be put to named voters
Other duties (1) — Crown / regulator
- Presiding officer may verifynamed voters with mandatory questions Local authority
Challenge of named voter
Other duties (1) — Crown / regulator
- Do not prevent voting solely due to observer's suspicion or arrest for personation Local authority
Alterations of register on day of poll
Other duties (1) — Crown / regulator
- Presiding officer must keep list of voters affected by register alterations on polling day Local authority
Procedure on close of poll
Other duties (1) — Crown / regulator
- Presiding officer must seal and package ballot papers and documents after poll close Local authority
The count
Other duties (1) — Crown / regulator
- Counting officers must count referendum votes fairly and securely Local authority
Re-count
Other duties (1) — Crown / regulator
- Counting officer must prepare provisional statement after referendum count Local authority
Rejected ballot papers
Other duties (1) — Crown / regulator
- Counting officer must reject invalid ballot papers and record reasons Local authority
Sealing up of ballot papers
Other duties (1) — Crown / regulator
- Counting officer must seal used ballot papers and keep certain records sealed Local authority
The corresponding number list
Other duties (1) — Crown / regulator
- Prepare a corresponding number list before issuing ballot papers Local authority
Browse 241 other Schedules — structural / supplementary
Question to be asked in a referendum
Do you want [insert name of local planning authority] to...
Do you want the type of development in the neighbourhood...
Do you want the development in the community right to...
Matters relevant to referendum expenses
Advertising of any nature (whatever the medium used): Expenses in...
Unsolicited material addressed to voters (whether addressed to them by...
Any material of a description referred to in regulation 5(1)....
Market research or canvassing conducted for the purposes of ascertaining...
The provision of any property, services or facilities in connection...
Transport (by any means) of persons to any place or...
Rallies and other events, including public meetings organised so as...
Nothing in paragraphs 1 to 7 is to be taken...
Citation
Prohibition of disclosure of vote
Use of schools and public rooms
Notice of poll
Issue of official poll cards
Interpretation
Notification of requirement of secrecy
Return of postal ballot papers
Sealing of ballot boxes
Questions to be put to voters and proxies
Voting procedure
Votes marked by presiding officer
Voting by persons with disabilities
Timetable
Tendered ballot papers: circumstances where available
Postal voting documents handed in to the counting officer
Rejection of postal voting documents handed in to the counting officer
Procedure for dealing with rejected postal voting documents handed in to the counting officer
Postal voting documents left behind with the counting officer
Opening of delivered or collected packets of postal voting documents
Tendered ballot papers: general provisions
Spoilt ballot papers
Adjournment of poll in case of riot
Attendance at counting of votes
Computation of time
Decisions on ballot papers
Equality of votes
Declaration of result
Declaration of result: cross-boundary referendum areas
Delivery of documents to relevant registration officer
Orders for production of documents
Retention of documents
Notice of referendum
Poll to be taken by ballot
The ballot papers
The official mark
Application, with Modification, of other Acts and Subordinate Legislation
The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
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The Local Elections (Principal Areas) (England and Wales) Rules 2006
In rule 2 (interpretation)— (a) in paragraph (1) in the...
In Schedule 3 (rules for conduct of an election of...
The Local Elections (Parishes and Communities) (England and Wales) Rules 2006
In rule 2(1) (interpretation)— (a) in the definition of “counting...
In regulation 2 (interpretation)— (a) in paragraph (1), in the...
In Schedule 3 (rules for conduct of an election of...
The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007
In regulation 2 (interpretation), in the definition of “the Referendums...
In Schedule 3 (mayoral election (combination of polls) rules), in...
The Greater London Authority Elections Rules 2007
In rule 2(1) (interpretation) in the definition of “referendum” after...
In rule 5(1) (rules for Authority elections combined with a...
In Schedule 5 (the constituency members election rules)—
In Schedule 6 (the London members election rules)—
In Schedule 7 (the Mayoral election rules)—
For regulation 4(8) substitute— (8) Subject to paragraph (9), where...
In Schedule 8 (combined manual count rules) in paragraph 2(1)...
The Local Authorities (Conduct of Referendums) (England) Regulations 2012
In regulation 2(1) (interpretation), in the definition of “relevant election...
In regulation 10 (combination of polls: general) after paragraph (8)...
In regulation 11 (combination of referendums and election polls: conduct...
The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012
In regulation 17(3) (combination and timing of polls: general)—
The Police and Crime Commissioner Elections Order 2012
In article 2(1) (interpretation), in the definition of “local referendum”...
In Schedule 4, after paragraph 13(4) insert—
(1) Regulation 5 (functions at combined polls) is amended as...
(1) In regulation 6(3) and (4) (modification of provisions about...
In regulation 8 (modification of parliamentary elections rules)—
In Schedule 2 (modifications to parliamentary elections rules)—
Other secondary legislation about combination of polls
THE NEIGHBOURHOOD PLANNING REFERENDUMS (COMBINATION OF POLLS) RULES
Citation
Prohibition of disclosure of vote
Use of schools and public rooms
Notice of poll
Issue of official poll cards
Interpretation
Notification of requirement of secrecy
Return of postal ballot papers
Admission to polling station
Sealing of ballot boxes
Questions to be put to voters and proxies
Votes marked by presiding officer
Voting by persons with disabilities
Timetable
Tendered ballot papers: circumstances where available
Tendered ballot papers: general provisions
Spoilt ballot papers
Adjournment of poll in case of riot
The count
Computation of time
Decisions on ballot papers
Equality of votes
Declaration of result
Declaration of result: cross-boundary referendum areas
Delivery of documents to relevant registration officer
Orders for production of documents
Retention of documents
Countermand or abandonment of poll at relevant election on death of candidate
Notice of referendum
Poll to be taken by ballot
The ballot papers
The official mark
REGISTERING TO VOTE IN A BUSINESS REFERENDUM
Interpretation
Signatures
Business registration officer’s right to inspect records
Evidence of age or nationality
Provision of fresh signatures
Marked register for polling stations
Time
Inspection of applications
Cancellation or change of named voter
Alteration of other registration details
Emergency change of named voter
Correction of clerical errors
Time when alterations take effect
Registration appeals
Interpretation
Forms
Restrictions on supply of business voting register and disclosure of information from it by the business registration officer or that officer’s staff
Restriction on the use of the business voting register, or information contained in it, supplied in accordance with enactments or obtained otherwise
Supply of copy of business voting register to the Electoral Commission and restrictions on use
Supply of copy of business voting register to certain councils and restrictions on use
Supply of copy of business voting register to the security services
Supply of copy of business voting register to police forces and restrictions on use
Supply of copy of business voting register to public libraries and local authority archives services, and restrictions on use
Communication of applications, notices, etc.
Supply of copy of business voting register to counting officer
Supply of copy of voters list to counting officer
Use of identifier information
Conditions on the use, supply and disclosure of documents open to public inspection
Exercise of vote
The named voter
Initial steps
Publication of registration notice
THE NEIGHBOURHOOD PLANNING BUSINESS REFERENDUMS RULES
Citation
The official mark
Prohibition of disclosure of vote
Use of schools and public rooms
Notice of poll
Persons entitled to be present at proceedings on issue and receipt of postal ballot papers
Notification of requirement of secrecy
Time when postal ballot papers are issued
Interpretation
Procedure on issue of ballot paper
Envelopes
Delivery of postal ballot papers
Alternative means of returning postal ballot paper or postal voting statement
Requirements of return of postal voting documents form
Rejection of postal voting documents handed in at a polling station
Procedure for dealing with rejected postal voting documents handed in at a polling station
Postal voting documents left behind at a polling station
Notice of opening of postal ballot paper envelopes
Timetable
Receipt of covering envelope
Postal voting documents handed in to the counting officer
Rejection of postal voting documents handed in to the counting officer
Procedure for dealing with rejected postal voting documents handed in to the counting officer
Postal voting documents left behind with the counting officer
Opening of delivered or collected packets of postal voting documents
Opening of postal voters’ ballot box
Confirming receipt of postal voting statements
Procedure in relation to postal voting statements
Procedure in relation to postal voting statements: personal identifier verification
Postal voting statements: additional personal identifier verification
Opening of ballot paper envelopes
Computation of time
Checking of lists kept under rule 39
Sealing of receptacles
Forwarding of documents
Issue of official poll cards
Notification of requirement of secrecy
Sealing of ballot boxes
Voting procedure
Votes marked by presiding officer
Voting by persons with disabilities
Tendered ballot papers: circumstances where available
Tendered ballot papers: general provisions
Spoilt ballot papers
Notice of business referendum
Adjournment of poll in case of riot
Attendance at counting of votes
Decisions on ballot papers
Equality of votes
Declaration of result
Poll to be taken by ballot
Declaration of result: cross-boundary referendum areas
Delivery of documents to business registration officer
Orders for production of documents
Retention of documents
The ballot papers
Application, with Modification, of other Acts and Subordinate Legislation in respect of Business Referendums
Form 9 - Official Proxy Poll Card (to be sent...
Form 10 - Official Proxy Postal Poll Card (to be...
Form 11 - Form of directions for the guidance of...
Form 12 - Form of Certificate of Employment
Form 13 - Form of declaration made by the companion...
Note:—The forms contained in this Appendix may be adapted so...
Form 1 - Form of Ballot Paper: Question in referendum...
Form 2 - Form of Ballot Paper: Question in referendum...
Form 3 - Form of Ballot Paper: Question in referendum...
Form 4 - Corresponding Number List L1
Form 5 - Corresponding Number List L2
Form 6 - Form of Postal Voting Statement
Form 7 - Official Poll Card (to be sent to...
Form 8 - Official Postal Poll Card (to be sent...
Note:—The forms contained in this Appendix may be adapted so...
Form 1 - Form of Ballot Paper: Question in referendum...
Form 2 - Form of Ballot Paper: Question in referendum...
Form 3 - Form of Ballot Paper: Question in referendum...
Form 4 - Corresponding Number List M1
Form 5 - Corresponding Number List M2
Form 6 - Form of Postal Voting Statement (for use...
Form 7 - Form of Postal Voting Statement (for use...
Form 8 - Official Poll Card (to be sent to...
Form 9 - Official Postal Poll Card (to be sent...
Form 10 - Official Proxy Poll Card (to be sent...
Form 11 - Official Proxy Postal Poll Card (to be...
Form 12 - Form of directions for the guidance of...
Form 13 - Form of Certificate of Employment
Form 14 - Form of declaration made by the companion...
Information to be made available in relation to referendums
Other duties (1) — Crown / regulator
- Councils must publish and display neighbourhood referendum information Local authority
Conduct of referendum: poll at referendum not taken together with poll at relevant election or referendum
Other duties (1) — Crown / regulator
- Counting officer must conduct residential referendums according to specific rules Local authority
Counting officer
Other duties (1) — Crown / regulator
- Counting officer must effectively conduct the referendum and appoint staff Local authority
Cross-boundary referendum areas and the Chief Counting Officer
Other duties (1) — Crown / regulator
- Councils must appoint a Chief Counting Officer for cross-boundary referendums Local authority
Referendums not arranged by the local planning authority
Other duties (1) — Crown / regulator
- Councils and planning authorities must coordinate neighbourhood referendums Local authority
Business referendums
Other duties (1) — Crown / regulator
- Local councils must hold business referendums alongside residential ones Local authority
Browse 32 other sections — procedural / definitional / commencement
Citation and commencement
Citation and commencement
Interpretation
Date by which referendum must be held
Interpretation
Question to be asked in a referendum
Question to be asked in a referendum
Information to be made available in relation to referendums
Restriction on publication etc of promotional material
Restriction on publication etc of promotional material
General restriction on referendum expenses
General restriction on referendum expenses
Notional referendum expenses
Notional referendum expenses
Conduct of referendum: poll at referendum not taken together with poll at relevant election or referendum
Counting officer
Cross-boundary referendum areas and the Chief Counting Officer
Combination of polls: general
Combination of polls: general
Combination of polls: conduct of referendum
Combination of polls: conduct of referendum
Combination of polls: supplementary provisions relating to relevant elections
Combination of polls: supplementary provisions relating to relevant elections
Advertisements
Advertisements
Non-domestic rating: premises used for referendum purposes
Non-domestic rating: premises used for referendum purposes
Referendums not arranged by the local planning authority
Business referendums
Date by which referendum must be held
Form 11A—Ballot Paper Refusal List
Form 10A—Ballot Paper Refusal List
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