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

Explanatory Note

(This note is not part of the Order)

These Regulations make provision for the conduct of referendums held under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992 (“the 1992 Act”). These Regulations only apply in relation to England. The referendums will relate to the question of whether a council tax increase set by an authority – a billing authority, a major precepting authority, or a local precepting authority – for a financial year is approved of.

Regulation 3 and Schedule 1 prescribe the form of words of the question to be asked in a referendum.

Regulation 4 requires a billing authority, and Regulation 5 requires a precepting authority (other than the Greater London Authority), that has determined that its relevant basic amount of council tax for a financial year is excessive under section 52ZB of the 1992 Act, to fulfil certain publicity requirements relating to the referendum and imposes time limits by which notice must be given. Regulation 6 imposes similar publicity requirements where the Greater London Authority has determined, under section 52ZB(3) of the 1992 Act, that its relevant basic amount of council tax for a financial year is excessive.

Regulation 7 sets out the further information that must be published in connection with a referendum, not fewer than 28 days before the date it is held, by an authority that has determined that its relevant basic amount of council tax for a financial year is excessive.

Regulation 8 sets out the formula to be applied by a local precepting authority to calculate the council tax applicable to dwellings listed in different valuation bands. The amount calculated using the formula is to be provided in the statement that a local precepting authority has to provide under regulation 7 when it has determined that its relevant basic amount of council tax for a year is excessive.

Regulation 9 requires a billing authority that is required to make arrangements to hold the referendum by virtue of section 52ZG or 52ZN of the 1992 Act to provide a precepting authority with such information as it may reasonably require in exercising its functions under these Regulations.

Regulation 10 imposes restrictions on the material that may be published by or on behalf of an authority in the period beginning on the date on which an authority determines that its relevant basic amount of council tax for the relevant financial year is excessive under section 52ZB of the 1992 Act and ending on the date of the referendum.

Regulation 11 permits an authority to publish a statement explaining the reasons for the authority's council tax increase; and the consequences if the authority's relevant basic amount of council tax for the relevant financial year is not approved. This statement must be published on or after the date on which the notice required to be published by regulation 4, 5 or 6 (as the case may be) is published, but not fewer than 28 days before the date on which the referendum will be held.

Regulation 12 imposes a referendum expenses limit on the amount that may be incurred by way of referendum expenses. Schedule 2 makes provision about the matters relevant to referendum expenses. Under Regulation 12(3) there is an offence for expenditure in excess of the referendum expenses limit.

Regulation 13 provides for amounts relevant to the use of certain property, services and facilities to be treated as incurred by way of referendum expenses for the purposes of regulation 12.

Regulation 14 provides that a referendum is to be conducted in accordance with the Local Government Finance Act Referendums Rules (as contained in Schedule 3 to these Regulations), unless the poll at the referendum is taken together with the poll at a relevant election or referendum. Other electoral legislation is applied, with modifications, to facilitate the conduct of referendums (as set out in Tables 1 to 6 of Schedule 4).

Regulation 15 specifies who is to be the counting officer at the referendum.

Regulation 16 requires a precepting authority, where two or more referendums are held in respect of its relevant basic amount of council tax for the financial year, to appoint a Chief Counting Officer in relation to those referendums, whom may give directions to a counting officer.

Regulation 17 makes provision for the combination of polls in general. It also specifically makes provision regarding the combination of polls where a billing authority is required to make arrangements to hold two or more referendums in respect of amounts calculated by authorities in relation to the same financial year, and regarding where two or more referendums are required to be held in respect of a precepting authority's relevant basic amount of council tax for a relevant financial year.

Regulation 18 makes provision for the conduct of referendums when combined with the poll at elections or other referendums. The rules for conducting such referendums are again set out in full (the Local Government Finance Act Referendums (Combination of Polls) Rules), in Schedule 5. Other electoral legislation is applied to facilitate the conduct of such referendums.

Regulation 19 makes provision about the conduct of elections when they are combined with the poll at a referendum. Other electoral legislation is applied to facilitate the conduct of such elections.

Regulation 20 makes provision for a referendum to be challenged by the bringing of a referendum petition. The provisions of the Representation of the People Act 1983 (c 2) contained in Schedule 6 are applied with modifications to facilitate the bringing of a referendum petition to challenge a referendum. Schedule 7 makes modifications to the Election Petition Rules 1960, when applied to referendums by regulation 20(10).

Regulations 21 and 22 address the immediate consequences of the bringing of a referendum petition (as to whether the authority's calculations from which the relevant basic amount of council tax for the financial year was derived continue to have effect) and how a referendum petition is to be determined.

Regulation 23 provides for certain days to be ignored in computing certain periods of time for the purposes of regulations 4 to 7 and 11.

Regulation 24 exempts advertisements relating specifically to the referendum from regulations under the Town and County Planning Act 1990 (c 8) controlling the display of advertisements.

Regulation 25 provides that premises used in relation to the referendum for public meetings or the taking of the poll are to be treated as unoccupied for rating purposes.

Regulation 26 provides for how these Regulations should apply where an authority calculates basic amounts of council tax for its predecessor areas under Part 4 (Equalisation of Council Tax) of the Local Government (Structural Changes) (Finance) Regulations 2008.

Regulation 27 makes transitional provision for the financial year beginning on 1^st April 2012 in relation to references in the Regulations to an authority's relevant basic amount of council tax for the financial year preceding the relevant financial year. This is because for the financial year 2011-12 authorities will have calculated their council tax under the provisions of the 1992 Act as they existed before amendments were made by the Localism Act 2011.

A full impact assessment has not been produced for these Regulations as no impact on the private or voluntary sectors is foreseen.