Local Referendums Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Local Referendums Bill

Local Referendums Bill

Contents

1

Local referendums

2

Action to be taken following a local referendum

3

Rules

4

Regulations

5

Financial provisions

6

Interpretation

7

Short title, commencement and extent

Bill 66

55/1

Local Referendums Bill

1

A

Bill

To

Make provision about binding local referendums; and for connected purposes.

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:—

1

Local referendums

(1)

When a local authority receives a relevant petition relating to—

(a)

a proposal of or a decision by the local authority on—

(i)

services provided in pursuance of the local authority‘s

functions,

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(ii)

the authority’s expenditure on such services, or

(iii)

the authority’s power under section 2 of the Local Government

Act 2000 (authority’s power to promote well-being of its area);

or

(b)

any other matter relating to the responsibilities of the local authority,

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the local authority must, in the case of a petition relating to paragraph (a), hold

a referendum on its proposal or decision before taking any steps to implement

that proposal or decision, or in the case of a petition relating to paragraph (b),

hold a referendum on that matter.

(2)

The question to be asked in a referendum is to be decided by the local

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authority’s electoral registration officer, subject to subsection (3) and

subsection (4).

(3)

Before deciding the question under subsection (2) the electoral registration

officer must consult the petition organiser and try to reach agreement.

(4)

Should the electoral registration officer and the petition organiser not reach

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agreement the question to be asked in the referendum shall be decided by the

Electoral Commission.

(5)

In this section “petition organiser” means the same as in section 22 of the Local

Democracy, Economic Development and Construction Act 2009.

(6)

In order to be a relevant petition a petition must—

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Bill 66

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Local Referendums Bill

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(a)

have been signed by at least 10% of the local government electors

residing within that local authority’s area; and

(b)

be received by the local authority before the end of the six month period

beginning with the date on which a notice of intent to petition is

received by the local authority’s electoral registration officer.

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2

Action to be taken following a local referendum

(1)

If the result of a referendum held under section 1(1)(a) is to approve the

proposal or decision, the local authority must implement that proposal or

decision, subject to exceptions set out in regulations made by the Secretary of

State by statutory instrument.

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(2)

If the result of a referendum held under section 1(1)(a) is not to approve the

proposal or decision, the local authority may not implement that proposal or

decision, subject to exceptions set out in regulations made by the Secretary of

State by statutory instrument.

(3)

The outcome of a referendum under section 1(1)(b) shall be binding on the local

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authority, subject to exceptions set out in regulations made by the Secretary of

State by statutory instrument.

(4)

Regulations must be laid before Parliament under this section before the end

of 6 months beginning with the day on which this Act is passed.

3

Rules

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(1)

The giving of notice of intent to petition for a referendum, submission of a

petition and the referendum must be conducted in accordance with rules made

by the Secretary of State in regulations made by statutory instrument.

(2)

Regulations must be laid before Parliament under this section before the end

of 6 months beginning with the day on which this Act is passed.

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4

Regulations

A statutory instrument containing regulations under this Act is subject to

annulment in pursuance of a resolution of either House of Parliament.

5

Financial provisions

There shall be paid out of money provided by Parliament—

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(a)

any sums to be paid by the Secretary of State for or in connection with the

carrying out of his functions under this Act; and

(b)

any increase attributable to this Act in the sums which are payable out of

money so provided under any other Act.

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Interpretation

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In this Act, “local authority” means—

(a)

in relation to England—

(i)

a county council;

(ii)

a district council;

(iii)

a London borough council;

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Local Referendums Bill

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(iv)

the Greater London Authority;

(v)

the Common Council of the City of London in its capacity as a

local authority;

(vi)

the Council of the Isles of Scilly; and

(b)

in relation to Wales, a county council or a county borough council,

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7

Short title, commencement and extent

(1)

This Act may be cited as the Local Referendums Act 2011.

(2)

Section 1 of this Act comes into force at the end of the period of 18 months

beginning with the day on which it is passed.

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(3)

This Act extends to England and Wales.