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A | |
Bill | |
To | |
Make provision for the holding of referendums about the establishment of | |
elected assemblies for the regions of England (except London); for reviewing | |
the structure of local government in regions where the holding of a | |
referendum is under consideration; for implementing the recommendations of | |
such reviews; for the Electoral Commission to give advice in connection with | |
the establishment of assemblies; for payment of grant in connection with the | |
activities of regional chambers; and for incurring expenditure in preparation | |
for assemblies and in connection with the transfer of functions to them. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Part 1 | |
Referendums | |
Referendums | |
1 Referendums | |
(1) The Secretary of State may by order cause a referendum to be held in a region | 5 |
specified in the order about the establishment of an elected assembly for that | |
region. | |
(2) The date of the referendum must be specified in the order. | |
(3) But the Secretary of State must not make an order under subsection (1) unless | |
each of the following two conditions is satisfied in relation to the region. | 10 |
(4) The first condition is that the Secretary of State has considered the level of | |
interest in the region in the holding of such a referendum. | |
(5) The second condition is that the Boundary Committee for England have made | |
recommendations in relation to the region in pursuance of section 12. | |
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(6) The first condition is taken to be satisfied if— | |
(a) the Secretary of State makes the order at any time during the period of | |
two years starting with the date on which he gives a direction under | |
section 12 in relation to the region, | |
(b) for the purpose of giving the direction he considered the level of | 5 |
interest in the region in the holding of such a referendum, and | |
(c) before he makes the order he has no cause to think that that level of | |
interest has changed materially. | |
(7) A change in the level of interest is material if the changed level is one at which | |
the Secretary of State (disregarding factors relating to any other region) thinks | 10 |
he would not have given a direction under section 12. | |
(8) If subsection (6) does not apply, for the purposes of subsection (4) the Secretary | |
of State must consider— | |
(a) views expressed and information and evidence provided to him; | |
(b) such published material as he thinks appropriate. | 15 |
(9) The Secretary of State may vary or revoke an order under this section if he | |
thinks it is not appropriate for a referendum to be held on the date specified in | |
the order. | |
2 Referendum question | |
(1) The question to be asked in a referendum held in pursuance of an order under | 20 |
section 1 is: | |
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“Should there be an elected assembly for the (insert name of region) region?”. | |
(2) The following statement must precede the question on the ballot paper: | |
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“You can help to decide whether there should be an elected assembly in the | |
(insert name of region) region. An assembly would be responsible for a range of | |
activities that are currently carried out mainly by central government bodies, | |
including regional economic development. Where it is proposed to establish an | |
elected regional assembly, it is also intended that local government should be | 30 |
reorganised into a single tier in those parts of the region that currently have | |
both county and district councils. There would be no such reorganisation of | |
other local authorities in the region.” | |
3 Entitlement to vote | |
(1) A person is entitled to vote in a referendum held in a region in pursuance of an | 35 |
order under section 1 if on the date of the referendum he is entitled to vote at | |
the election of councillors for any electoral area in the region. | |
(2) But subsection (1) is subject to provision made by the Secretary of State in | |
regulations for disregarding alterations made after a specified date in a register | |
of electors. | 40 |
(3) The regulations may apply or incorporate with or without modifications or | |
exceptions any provision of any enactment (whenever passed or made) | |
relating to referendums or elections. | |
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(4) An electoral area is any electoral division or ward (or in the case of a parish in | |
which there are no wards the parish) for which the election of councillors is | |
held under the Local Government Act 1972 (c. 70). | |
4 Referendum period | |
For the purposes of Part 7 of the 2000 Act (referendums) the Secretary of State | 5 |
must by order determine the referendum period for a referendum held in | |
pursuance of an order under section 1. | |
5 Referendums: frequency | |
(1) This section applies if— | |
(a) a referendum is held in a region in pursuance of an order under section | 10 |
1, and | |
(b) a majority of the votes cast in the referendum is against there being an | |
elected assembly for the region. | |
(2) No further order under section 1 may be made in relation to the region until | |
the end of the period of five years starting with the day on which the | 15 |
referendum was held. | |
(3) Any question as to the number of votes cast in a referendum in favour of an | |
answer to a question is determined by the certificate of the Chief Counting | |
Officer given under section 128 of the 2000 Act (functions of Chief Counting | |
Officer). | 20 |
Combination of polls | |
6 Combination of polls | |
(1) A Minister of the Crown may by order make provision for the combination of | |
polls at a referendum held in pursuance of an order under section 1 with— | |
(a) polls at a referendum held under section 27 of the Local Government | 25 |
Act 2000 (c. 22) or by virtue of regulations or an order under Part 2 of | |
that Act; | |
(b) polls at any election. | |
(2) The order may apply or incorporate with or without modifications or | |
exceptions any provision of any enactment (whenever passed or made) | 30 |
relating to elections or referendums. | |
(3) A Minister of the Crown must not make an order under this section unless he | |
first consults the Electoral Commission. | |
Electoral Commission | |
7 Encouraging voting | 35 |
The Electoral Commission may do anything they think necessary or expedient | |
for the purpose of encouraging voting at referendums to be held in pursuance | |
of an order under section 1. | |
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8 Provision of information to voters | |
(1) This section applies if— | |
(a) the Secretary of State makes an order under section 1 to cause a | |
referendum to be held in a region about the establishment of an elected | |
assembly for the region, and | 5 |
(b) before the appropriate day the Electoral Commission have not | |
designated (in relation to each possible outcome of the referendum) an | |
organisation under section 108 of the 2000 Act (organisations to whom | |
assistance is available under section 110 of that Act). | |
(2) The Electoral Commission may take such steps as they think appropriate to | 10 |
provide for persons entitled to vote in the referendum such information as the | |
Commission think is likely to promote awareness among those persons about | |
the arguments for and against each answer to the referendum question. | |
(3) The appropriate day is— | |
(a) the 43rd day of the referendum period if one or more applications | 15 |
under section 109 of the 2000 Act (applications for assistance under | |
section 110 of that Act) is made before the 29th day of the referendum | |
period in relation to each possible outcome of the referendum; | |
(b) the 29th day of the referendum period in any other case. | |
(4) But if a Minister of the Crown makes an order under section 109(6) of the 2000 | 20 |
Act the appropriate day is the day specified in the order for the purposes of this | |
section. | |
(5) Information provided in pursuance of this section must be provided by the | |
means the Commission think is most likely to secure (in the most cost effective | |
way) that the information comes to the notice of all persons entitled to vote in | 25 |
the referendum. | |
9 Expenditure | |
(1) A Minister of the Crown (with the consent of the Treasury) may by order make | |
provision for the payment by the Electoral Commission of any of the following— | |
(a) the charges in respect of services properly rendered or expenses properly | 30 |
incurred by a counting officer in connection with a referendum held in | |
pursuance of an order under section 1; | |
(b) the sum equal to any increase in the superannuation contributions required to | |
be paid by a local authority in respect of any person in consequence of a fee paid | |
as part of a counting officer’s charges under paragraph (a). | 35 |
(2) The order may include provision as to— | |
(a) the services and expenses or descriptions of services and expenses in | |
respect of which payment may be made; | |
(b) the maximum amount to be paid or reimbursed in respect of such | |
services and expenses or descriptions of services and expenses; | 40 |
(c) payments in advance; | |
(d) accounts to be submitted. | |
(3) A Minister of the Crown must not make an order under this section unless he | |
first consults the Electoral Commission. | |
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