Local Government Finance Act 1992

[F1 52ZN Arrangements for referendum E+W

(1) A billing authority that is notified under section 52ZK or 52ZM above must make arrangements to hold a referendum in relation to the precepting authority's relevant basic amount of council tax for the financial year in accordance with this section.

(2) Where the referendum is one of two or more referendums required to be held in respect of the same calculation, it is to be held on—

(a) the first Thursday in May in the financial year, or

(b) such other date as the Secretary of State may specify by order.

(3) Otherwise the referendum is to be held on a date decided by the billing authority; but this is subject to subsection (4) below.

(4) That date must be not later than—

(a) the first Thursday in May in the financial year, or

(b) such other date in that year as the Secretary of State may specify by order.

(5) An order under subsection (2) or (4) above must be made not later than—

(a) 1 February in the financial year preceding the year mentioned in paragraph (b) of that subsection, or

(b) in the case of an order affecting more than one financial year, 1 February in the financial year preceding the first of those years.

(6) The persons entitled to vote in the referendum are those who, on the day of the referendum—

(a) would be entitled to vote as electors at an election for members for an electoral area of the billing authority that falls wholly or partly within the precepting authority's area, and

(b) are registered in the register of local government electors at an address that is within both—

(i) the precepting authority's area, and

(ii) the billing authority's area.

(7) Subject to subsection (8) below, the billing authority may recover from the precepting authority the expenses that are incurred by the billing authority in connection with the referendum.

(8) The Secretary of State may by regulations make provision for cases in which—

(a) subsection (7) above does not apply, or

(b) that subsection applies with modifications.

(9) In this section—

• “electoral area” means—

  (a)

  in relation to a district council, a London borough council or the Common Council of the City of London, a ward;

  (b)

  in relation to a county council, an electoral division;

  (c)

  in relation to the Council of the Isles of Scilly, a parish;

• “register of local government electors” means the register of local government electors kept in accordance with the provisions of the Representation of the People Acts.

(10) This section is subject to regulations under section 52ZQ below.]

Textual Amendments

F1 Pt. 1 Ch. 4ZA inserted (3.12.2011) by Localism Act 2011 (c. 20), ss. 72(1), 240(2), Sch. 5; S.I. 2011/2896, art. 2(g) (with art. 3(1)(2))

Modifications etc. (not altering text)

C1 S. 52ZN(7) applied (with modifications) (E.) (16.3.2012) by The Local Authority (Referendums Relating to Council Tax Increases) Regulations 2012 (S.I. 2012/460), regs. 1(1)(b), 4(4) (with reg. 4(1))

C2 S. 52ZN(7) excluded (E.) (16.3.2012) by The Local Authority (Referendums Relating to Council Tax Increases) Regulations 2012 (S.I. 2012/460), regs. 1(1)(b), 6(2) (with reg. 6(1))

C3 S. 52ZN(7) excluded (E.) (16.3.2012) by The Local Authority (Referendums Relating to Council Tax Increases) Regulations 2012 (S.I. 2012/460), regs. 1(1)(b), 4(2) (with reg. 4(1))