Statutory Instruments
2016 No. 934
Town And Country Planning, England
The Neighbourhood Planning (Referendums) (Amendment) Regulations 2016
Made
15th September 2016
Coming into force
1st October 2016
The Secretary of State, in exercise of the powers conferred by section 333(2A) of, and paragraph 16(1) and (2)(c) of Schedule 4B to, the Town and Country Planning Act 1990( 1 ) and section 38A(3) of the Planning and Compulsory Purchase Act 2004( 2 ), makes the following Regulations.
In accordance with paragraph 16(5) of that Schedule, the Secretary of State has consulted the Electoral Commission on these Regulations.
In accordance with section 333(3A) of the 1990 Act( 3 ), a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.
Citation and commencement
1. These Regulations may be cited as the Neighbourhood Planning (Referendums) (Amendment) Regulations 2016 and come into force on 1st October 2016.
Amendments to the Neighbourhood Planning (Referendums) Regulations 2012
2. After regulation 2 of the Neighbourhood Planning (Referendums) Regulations 2012( 4 ) insert—
“ Date by which referendum must be held
2A. —(1) The referendum must be held on or before the date prescribed in paragraph (2).
(2) The date prescribed in this paragraph is—
(a) where—
(i) regulation 10 applies,
(ii) regulation 16 applies, or
(iii) regulation 17 applies,
the date which is the last day of the period of 84 days beginning with the day immediately following the day on which the decision that the referendum must be held is first published in accordance with paragraph 12(11) of Schedule 4B to the 1990 Act;
(b) in all other cases, the date which is the last day of the period of 56 days beginning with the day immediately following the day on which that decision is first published in accordance with that paragraph.
(3) Paragraph (1) does not apply where—
(a) the local planning authority and the qualifying body agree that the referendum need not be held by the date prescribed in paragraph (2);
(b) the poll at the referendum is taken on the same day as another poll in accordance with regulation 11 (whether or not the polls are taken together), provided that day is no later than the date 65 days from the date prescribed in paragraph (2);
(c) proceedings for questioning the decision that the referendum must be held have been brought in accordance with section 61N(2) of the 1990 Act ( 5 ) before the date prescribed in paragraph (2).
(4) The days mentioned in paragraph (5) are to be disregarded in calculating any date referred to in this regulation.
(5) The days mentioned in this paragraph are—
(a) a Saturday or Sunday,
(b) Christmas Eve, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 ( 6 ) in England, and
(c) any day appointed as a day of public thanksgiving or mourning in England. ”
Signed by authority of the Secretary of State for Communities and Local Government
Gavin Barwell
Minister of State
Department for Communities and Local Government
15th September 2016
1990 c. 8 . Schedule 4B was inserted by section 116 of, and Schedule 10 to, the Localism Act 2011 (c.20) (“the 2011 Act”).
2004 c. 5 . Section 38A was inserted by section 116 of, and paragraph 7 of Schedule 9 to, the 2011 Act.
Section 333(3A) was inserted by section 121 of, and paragraph 22(3) of Schedule 12 to, the 2011 Act.
S.I. 2012/2031 , amended by S.I. 2013/798 and S.I. 2014/333 .
Section 61N was inserted by section 116 of, and paragraph 2 of Schedule 9 to, the 2011 Act and is applied to neighbourhood development plans by section 38C(2)(d) of the 2004 Act, inserted by paragraph 7 of that Schedule.
1971 c. 80 . There are amendments to the Act that are not relevant to these Regulations.