Citation, commencement and extent

1. —(1) These Regulations may be cited as the Local Authorities (Referendums) (Petitions and Directions) (England) (Amendment) (No. 2) Regulations 2001 and shall come into force on 23rd April 2001.

(2) These Regulations extend to England only.

Amendment of Regulations

2.The Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000( 2 ) are amended in accordance with the following provisions of these Regulations.

General interpretation

3. In regulation 2(1) (general interpretation), at the end of the definition of “outline fall-back proposals”, there shall be inserted “and”, and the following definition—

“ “the Referendums Regulations ” means the Local Authorities (Conduct of Referendums) (England) Regulations 2001 ” ( 3 ).

Timing of referendum

4. In regulation 16 (timing of referendum)—

(a) in paragraph (1), for “paragraphs (2) and (3)”, there shall be substituted “paragraphs (2) to (3);”

(b) after paragraph (2), the following paragraphs shall be inserted—

“ (2A) Where, by virtue of paragraph (5) of regulation 14 (combination of polls) of the Referendums Regulations, the poll at a referendum is not taken together with the poll at an election, the referendum may be held within the period of 7 days beginning with the twenty-ninth day after the day on which the poll is taken at the election with which, but for that paragraph, the poll at the referendum would have been taken.

(2B) Paragraph (1) above shall not apply where—

(a) the day on which the poll at an election of a description mentioned in paragraph (2) of regulation 14 of the Referendums Regulations is taken falls within the period beginning with the day that is six months after the petition date and ending with the day that is seven months after that date; and

(b) by virtue of paragraph (1) of regulation 14 of those Regulations, the poll at the referendum is taken together with the poll at the election. ” ; and

(c) after paragraph (3), the following paragraph shall be added—

“ (4) A referendum under this Part may not be held on—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Maundy Thursday, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England, or

(c) any day appointed as a day of public thanksgiving or mourning. ( 4 ) ” .

Time for holding referendum required by direction

5. In regulation 21 (time for holding referendum required by direction), after paragraph (2), the following paragraphs shall be inserted—

“ (2A) Where, by virtue of paragraph (5) of regulation 14 (combination of polls) of the Referendums Regulations, the poll at a referendum is not taken together with the poll at an election, the referendum may be held within the period of 7 days beginning with the twenty-ninth day after the day on which the poll is taken at the election with which, but for that paragraph, the poll at the referendum would have been taken.

(2B) Paragraph (1) above shall not apply where—

(a) the day on which the poll at an election of a description mentioned in paragraph (2) of regulation 14 of the Referendums Regulations is taken falls within the period beginning with the day that is six months after the date on which the direction was given and ending with the day that is seven months after that date; and

(b) by virtue of paragraph (1) of regulation 14 of those Regulations, the poll at the referendum is taken together with the poll at the election.

(2C) A referendum under this Part may not be held on—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Maundy Thursday, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England, or

(c) any day appointed as a day of public thanksgiving or mourning. ” .