C1C5C6C10C9C4Part IIF3Local authorities in Wales: arrangements with respect to executives etc.
Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)
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
Procedure with respect to operation of executive arrangements
I127 Referendum in case of proposals involving elected mayor.
1
Where a local authority’s proposals under section 25 involve a form of executive for which a referendum is required, the authority—
C8a
must hold a referendum on their proposals before taking any steps to implement them, and
b
must draw up and send to the F2Welsh 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
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.
C78
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 F1Welsh Ministers.
C79
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 F7Welsh Ministers.
C710
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 F6Welsh Ministers may direct.
C711
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.
C712
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.
C3C213
A local authority must implement detailed fall-back proposals in accordance with the timetable mentioned in subsection (4).
Words in Pt. II heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 9; S.I. 2012/1008, art. 4(b)