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Statutory Instruments

2002 No. 521

LOCAL GOVERNMENT, ENGLAND

The Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2002

Made

7th March 2002

Coming into force

8th March 2002

The Secretary of State for Transport, Local Government and the Regions, after consultation with the Electoral Commission, in exercise of the powers conferred upon him by sections 45 and 105 of the Local Government Act 2000( 1 ), hereby makes the following Regulations, of which a draft has been laid before, and approved by resolution of, each House of Parliament:

Citation, commencement and application

1. —(1) These Regulations may be cited as the Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2002 and shall come into force on the day after that on which they are made.

(2) These Regulations apply to the holding of referendums by local authorities in England.

Amendment of Regulations

2.The Local Authorities (Conduct of Referendums) (England) Regulations 2001( 2 ) are amended—

(a) in regulation 10 (postal ballots and postal votes)

(i) in paragraph (2), by the substitution, for “A”, of “Subject to paragraph (2A), a”; and

(ii) by the insertion, after paragraph (2), of the following paragraph—

(2A) A determination may be made under paragraph (1) where the votes at the election are to be cast only by postal ballot. ; and

(b) in Schedule 3 (application, with modifications, of Acts and Statutory Instruments), in Table 1 (Representation of the People Act 2000), before the entry relating to section 12, by the insertion of the following entry( 3 )—

Section 10 (pilot schemes for local elections in England and Wales)

In subsection (2)—

(a)

after “Representation of the People Acts”, insert “or the Local Government Act 2000”; and

(b)

in paragraph (c), for “candidates”, substitute “any campaign organiser within the meaning of regulations 6 and 7 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.

In subsection (3)—

(a)

in paragraph (b), for “candidates'”, substitute “campaign organisers'”; and

(b)

for “section 75(1) of the 1983 Act (restriction on third party election expenditure)”, substitute “regulations 6 and 7 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001”.

Omit subsection (4).

In subsection (7), at the end of paragraph (a), insert “or the Local Government Act 2000”.

In subsection (11), for the words after “means”, substitute “a county council, a district council or a London borough council.” .

Signed by authority of the Secretary of State for Transport, Local Government and the Regions

Alan Whitehead

Parliamentary Under Secretary of State,

Department for Transport, Local Government and the Regions

7th March 2002

( 1 )

2000 c. 22 . Section 45 is amended by the Political Parties and Elections Act 2000 (c. 41) , Schedule 21, paragraph 18. Consultation with the Electoral Commission is required by section 45(8A).

( 2 )

S.I. 2001/1298 .

( 3 )

Section 10 of the Representation of the People Act 2000 is amended by the Political Parties, Elections and Referendums Act 2000 (c. 41) , Schedule 21, paragraph 16.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2002 (2002/521)

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footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
Subject to paragraph (2A), areg. 2.Subject_to_rth1tLn

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