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Local Government Act 2000, Section 27 is up to date with all changes known to be in force on or before 25 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Where a local authority’s proposals under section 25 involve a form of executive for which a referendum is required, the authority—
(a)must hold a referendum on their proposals before taking any steps to implement them, and
(b)must draw up and send to the [F1Welsh Ministers] an outline of the fall-back proposals (referred to in this section as outline fall-back proposals) that they intend to implement if the proposals under section 25 are rejected in a referendum.
(2)Fall-back proposals are proposals—
(a)for the operation of executive arrangements which do not involve a form of executive for which a referendum is required, or
(b)for the operation of alternative arrangements of a particular type permitted by regulations under section 32.
(3)For the purpose of drawing up outline fall-back proposals, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.
(4)Outline fall-back proposals must include a timetable with respect to the implementation of detailed fall-back proposals which are based on the outline fall-back proposals in the event that the proposals under section 25 are rejected in a referendum.
(5)A local authority must send a copy of their outline fall-back proposals to the [F2Welsh Ministers] at the same time that a copy of the proposals under section 25 is sent to [F3them].
(6)A local authority may not hold a referendum under this section before the end of the period of two months beginning with the date on which a copy of the proposals under section 25 is sent to the [F4Welsh Ministers].
(7)If the result of a referendum under subsection (1) is to approve a local authority’s proposals under section 25, the authority must implement the proposals in accordance with the timetable included in the proposals.
(8)If the result of a referendum under subsection (1) is to reject a local authority’s proposals under section 25, the authority—
(a)may not implement those proposals,
(b)must draw up detailed fall-back proposals which are based on the outline fall-back proposals, and
(c)must send a copy of the detailed fall-back proposals to the [F5Welsh Ministers].
(9)In drawing up outline fall-back proposals or detailed fall-back proposals under this section, a local authority must comply with any directions given by the [F6Welsh Ministers].
(10)Outline fall-back proposals and detailed fall-back proposals must include such details of the executive arrangements or alternative arrangements to which they relate as the [F7Welsh Ministers] may direct.
(11)Subsections (2), (3)(b), (4) and (6)(c) of section 25 are to apply to detailed fall-back proposals involving executive arrangements as they apply to proposals under that section.
(12)Subsections (2), (4) and (6)(c) of that section are to apply to detailed fall-back proposals involving alternative arrangements as they apply to proposals under that section.
(13)A local authority must implement detailed fall-back proposals in accordance with the timetable mentioned in subsection (4).
Textual Amendments
F1Words in s. 27(1)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)
F2Words in s. 27(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)
F3Word in s. 27(5) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(3); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)
F4Words in s. 27(6) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)
F5Words in s. 27(8)(c) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)
F6Words in s. 27(9) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)
F7Words in s. 27(10) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 31(2); S.I. 2012/57, art. 4(1)(c) (with arts. 6, 7, 9-11)
Modifications etc. (not altering text)
C1S. 27(1)(a) applied (W.) (9.12.2004) by The Local Authorities (Changing Executive Arrangements and Alternative Arrangements) (Wales) Regulations 2004 (S.I. 2004/3158), regs. 1(1), 5(1)
C2S. 27(8)-(12) modified (E.) (28.7.2007) by Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 1(2), 14(6)
C3S. 27(13) applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), regs. 1(1), 17(7)
C4S. 27(13) applied (with modifications) (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 13(7)
Commencement Information
I1S. 27 wholly in force at 28.7.2001; s. 27 not in force at Royal Assent see s. 108; s. 27 in force at 7.8.2000 in so far as it confers power to make an order or regulations, give directions, or issue guidance in relation to England only by S.I. 2000/2187, arts. 1(3), 2(b); s. 27 in force at 26.10.2000 in relation to England only except in so far as already in force by S.I. 2000/2849, arts. 1(3), 2(b); s. 27(9)(10) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 27 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
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