C1C2C3C4C5C6Part II Arrangements with respect to executives etc.
Pt. 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
Pt. II modified (21.6.2004) by Isles of Scilly (Functions) (Review and Scrutiny of Health Services) Order 2004 (S.I. 2004/1412), arts. 1, 2
Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)
Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)
Pt. II modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 10
Referendums
I134 Referendum following petition.
1
The F6Welsh Ministers may by regulations make provision for or in connection with requiring a local authority which receive a petition which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should F1operate a relevant form of executive.
F21A
In this section “relevant form of executive” F7means executive arrangements involving a form of executive for which a referendum is required.
2
The provision which may be made by regulations under subsection (1) includes provision—
a
as to the form and content of petitions (including provision for petitions in electronic form),
b
as to the minimum number of local government electors for a local authority’s area who must support any petition presented to the authority during any period specified in the regulations,
c
for or in connection with requiring an officer of a local authority to publish the number of local government electors for the authority’s area who must support any petition presented to the authority,
d
as to the way in which local government electors for a local authority’s area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means),
e
as to the action which may, may not or must be taken by a local authority in connection with any petition,
f
as to the manner in which a petition is to be presented to a local authority,
g
as to the verification of any petition,
h
as to the date on which, or the time by which, a referendum must be held,
i
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
j
as to the action which may, may not or must be taken by a local authority after a referendum, and
k
for or in connection with enabling the F9Welsh Ministers, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
3
4
The number of local government electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent. of the number of local government electors at each of those times.
5
Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
I235 Referendum following direction.
1
The F11Welsh Ministers may by regulations make provision for or in connection with enabling F12them, in such circumstances as may be prescribed in the regulations, to direct a local authority to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the direction.
2
The provision which may be made by regulations under this section includes provision—
a
as to the date on which, or the time by which, a referendum must be held,
b
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
c
as to the action which may, may not or must be taken by a local authority after a referendum, and
d
for or in connection with enabling the F13Welsh Ministers, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
3
4
Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
I336 Referendum following order.
1
The F15Welsh Ministers may by order make provision requiring every local authority, or every local authority falling within any description of authority specified in the order, to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the order.
2
The provision which may be made by an order under this section includes provision—
a
as to the date on which, or the time by which, a referendum must be held,
b
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
c
as to the action which may, may not or must be taken by a local authority after a referendum,
d
for or in connection with enabling the F16Welsh Ministers, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.
3
4
Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)