Local Government Bill [H.L.]

Local Government Bill [H.L.] - continued	House of Commons
PART II, ARRANGEMENTS WITH RESPECT TO EXECUTIVES - continued

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	Referendums
Referendum following petition.	31. - (1) The Secretary of State may by regulations make provision for or in connection with requiring a local authority which receives a petition which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should operate executive arrangements involving a form of executive for which a referendum is required.
	(2) The provision which may be made by regulations under subsection (1) includes provision-
	(a) as to the form and content of petitions (including provision for petitions in electronic form),
	(b) as to the minimum number of local government electors for a local authority's area who must support any petition presented to the authority during any period specified in the regulations,
	(c) for or in connection with requiring the proper officer of a local authority to publish the number of local government electors for the authority's area who must support any petition presented to the authority,
	(d) as to the way in which local government electors for a local authority's area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means),
	(e) as to the action which may, may not or must be taken by a local authority in connection with any petition,
	(f) as to the manner in which a petition is to be presented to a local authority,
	(g) as to the verification of any petition,
	(h) as to the date on which, or the time by which, a referendum must be held,
	(i) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
	(j) as to the action which may, may not or must be taken by a local authority after a referendum, and
	(k) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
	(3) The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of sections 24, 26, 27 or 30.
	(4) The number of local government electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent. of the number of local government electors at each of those times.
	(5) Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
Power of Secretary of State to require referendum.	32. - (1) The Secretary of State may by regulations make provision for or in connection with enabling him, in such circumstances as may be prescribed in the regulations, to direct a local authority to hold a referendum on whether they should operate executive arrangements involving an executive which takes a particular form permitted by or under section 11.
	(2) The provision which may be made by regulations under this section includes provision-
	(a) as to the date on which, or the time by which, a referendum must be held,
	(b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
	(c) as to the action which may, may not or must be taken by a local authority after a referendum, and
	(d) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
	(3) The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 24, 26, 27 or 30.
	(4) Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
Power to require referendum.	33. - (1) The Secretary of State may by order make provision requiring every local authority, or every local authority falling within any description of authority specified in the order, to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the order.
	(2) The provision which may be made by an order under this section includes provision-
	(a) as to the date on which, or the time by which, a referendum must be held,
	(b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
	(c) as to the action which may, may not or must be taken by a local authority after a referendum,
	(d) for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.
	(3) The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of sections 24, 26, 27 or 30.
	(4) Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
	Local authority constitution
Information with respect to discharge of functions etc.	34. - (1) A local authority which are operating executive arrangements must prepare and keep up to date a document (referred to in this section as their constitution) which contains-
	(a) such information with respect to the discharge of their functions (including functions which are the responsibility of the executive) as the Secretary of State may direct,
	(b) a copy of the authority's standing orders for the time being,
	(c) a copy of the authority's code of conduct for the time being under section 47, and
	(d) such other information (if any) as the authority consider appropriate.
	(2) A local authority must ensure that copies of their constitution are available at their principal office for inspection by members of the public at all reasonable hours.
	Guidance
Guidance.	35. - (1) A local authority must have regard to any guidance for the time being issued by the Secretary of State for the purposes of this Part.
	(2) Guidance under this section may make different provision for different cases or descriptions of local authority.

Prepared 14 March 2000