The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012

Publicity and other information to be provided in connection with referendums by billing authorities

4.—(1) This regulation applies where a billing authority has determined that its relevant basic amount of council tax for a financial year (the relevant financial year) is excessive under section 52ZB(1).

(2) Where this regulation applies, the authority must, as soon as is reasonably practicable, and not fewer than 28 days before the date on which the referendum will be held in accordance with sub-paragraph (b) below, publish in such a manner as it considers likely to bring to the attention of persons who live in the authority’s area, a notice which contains a statement—

(a) that a referendum is required to be held on the authority’s council tax increase for the relevant financial year in accordance with Chapter 4ZA of Part 1 of the Local Government Finance Act 1992;

(b) of the date on which the referendum will be held;

(c) of the question to be asked in the referendum;

(d) that the referendum will be conducted in accordance with procedures similar to those used at local government elections;

(e) of the referendum expenses limit that will apply in relation to the referendum and the number of local government electors by reference to which that limit has been calculated;

(f) of the authority’s relevant basic amount of council tax for the relevant financial year;

(g) of the authority’s relevant basic amount of council tax for the financial year preceding the relevant financial year;

(h) of the percentage change in the authority’s relevant basic amount of council tax from the preceding year to the relevant financial year expressed to one decimal place;

(i) of what the amount calculated by the authority as its relevant basic amount of council tax for the relevant financial year would be if the authority’s relevant basic amount of council tax is not approved;

(j) of what the percentage change in the authority’s relevant basic amount of council tax from the preceding year to the relevant financial year expressed to one decimal place would be if the authority’s relevant basic amount of council tax is not approved;

(k) that, not fewer than 28 days before the date on which the referendum will be held, the authority will publish a statement containing the matters referred to in regulation 7(1);

(l) of the procedures for obtaining a copy of the statement referred to in sub-paragraph (k).

(3) Where paragraph (4) applies, the notice published under paragraph (2) must include an explanation that—

(a) the amounts stated in the question to be asked in the referendum under paragraph (2)(c) and the amounts stated in sub-paragraphs (f) to (j) of paragraph (2) above do not take into account the amount of any levies; and

(b) the referendum is not being held in relation to the authority’s expenditure on such levies.

(4) This paragraph applies where the authority is—

(i) issued with a levy or special levy for the relevant financial year, or

(ii) the authority anticipates such a levy in pursuance of regulations under section 74 or 75 of the 1988 Act.

(5) The notice published under paragraph (2) may also include—

(a) any other factual information relating to the authority’s council tax or the referendum so far as it is presented fairly, or

(b) details of the procedures for obtaining such other factual information.