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Part IIE+W Arrangements with respect to executives etc.

Modifications etc. (not altering text)

C1Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)

C2Pt. II extended (1.9.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), ss. 183(4)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II

[F1Further requirements for certain changesE+W

Textual Amendments

F1Ss. 33A-33O and cross-headings inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 64, 245(2)

33KChanges subject to approval in a referendum: additional requirementsE+W

(1)This section applies to a change in governance arrangements if—

(a)the change is of the kind set out in section 33A (new form of executive) or section 33C (move to executive arrangements), and

(b)the change is subject to approval in a referendum.

(2)The local authority must hold a referendum on its proposals before taking any steps to implement them.

(3)The local authority may not pass a resolution which makes the proposed change unless the result of the referendum is to approve the proposals.

(4)Any such resolution must be passed within the period of 28 days beginning with the day when the referendum is held.

(5)Any such resolution must be passed at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object.

(6)If the result of the referendum is not to approve the proposals, the local authority must publish in one or more newspapers circulating it its area a notice which—

(a)summarises the proposals,

(b)states that the referendum did not approve the proposals,

(c)summarises the authority's existing executive arrangements, and

(d)states that the authority will be continuing to operate those arrangements.]

Modifications etc. (not altering text)