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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	Provisions with respect to referendums
Provisions with respect to referendums.	43. - (1) A local authority may not hold more than one referendum in any period of five years.
	(2) If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals in accordance with any provision made by the regulations or order.
	(3) If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals but must instead comply with any provision made by the regulations or order.
	(4) The persons entitled to vote in a referendum held by a local authority are those who on the day of the referendum-
	(a) would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the authority's area, and
	(b) are registered in the register of local government electors at an address within the authority's area.
	(5) The Secretary of State may by regulations make provision as to the conduct of referendums.
	(6) The Secretary of State may by regulations make provision for the combination of polls at referendums with polls at any elections.
	(7) Regulations under subsection (5) or (6) may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.
	(8) The provision which may be made under subsection (5) includes, in particular, provision-
	(a) as to the question to be asked in a referendum,
	(b) as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum),
	(c) about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure),
	(d) as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum,
	(e) as to when, where and how voting in a referendum is to take place,
	(f) as to how the votes cast in a referendum are to be counted, and
	(g) for disregarding alterations in a register of electors.
	(9) In subsections (1), (4) to (6) and (8) "referendum" means a referendum held under section 26 or by virtue of regulations or an order made under any provision of this Part.
	Power to make further provision
Power to make incidental, consequential provision etc.	44. - (1) The Secretary of State may by order make such incidental, consequential, transitional or supplemental provision as he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision made by or under this Part.
	(2) The provision which may be made under subsection (1) includes provision modifying any enactment (whenever passed or made).
	(3) The power under subsection (2) to modify an enactment is a power-
	(a) to apply that enactment with or without modifications,
	(b) to extend, disapply or amend that enactment, or
	(c) to repeal or revoke that enactment with or without savings.
	Interpretation
Interpretation of Part II.	45. - (1) In this Part, unless the context otherwise requires-
	"council manager" has the meaning given by section 10(4)(b),
	"elected executive member" has the meaning given by section 37(4),
	"elected mayor" has the meaning given by section 37(1),
	"electoral area" has the meaning given by section 203(1) of the Representation of the People Act 1983,
	"enactment" includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978),
	"executive", in relation to a local authority, is to be construed in accordance with section 10,
	"executive arrangements" has the meaning given by section 9,
	"executive leader" has the meaning given by section 10(3)(a),
	"first preference vote" has the meaning given by section 40(1)(a),
	"local authority" means-
	(a) in relation to England, a county council, a district council or a London borough council, and
	(b) in relation to Wales, a county council or a county borough council,
	"local government elector" has the meaning given by section 270(1) of the Local Government Act 1972,
	"overview and scrutiny committee" has the meaning given by section 20(1),
	"the political balance requirements" means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989,
	"second preference vote" has the meaning given by section 40(1)(b).
	(2) Any reference in this Part to the chairman of a local authority-
	(a) is a reference to that person whether or not he is entitled to another style, and
	(b) in the case of a London borough, is a reference to the person who is referred to in Part I of Schedule 2 to the Local Government Act 1972 as the mayor of the borough.
	(3) Any reference in this Part to the vice-chairman of a local authority-
	(a) is a reference to that person whether or not he is entitled to another style, and
	(b) in the case of a London borough, is a reference to the person who is referred to in Part I of Schedule 2 to the Local Government Act 1972 as the deputy mayor of the borough.
	(4) Any reference in this Part to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.
	(5) Section 101 of the Local Government Act 1972 does not apply to the function of the passing of a resolution under any provision made by or under this Part.
	(6) Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements.

Prepared 21 June 2000