Local Government Act 2000

[F1 9MF Further provision with respect to referendums U.K.

(1) If a local authority holds a referendum under this Chapter (“Referendum A”) it may not hold, or be required to hold, another referendum under this Chapter (“Referendum B”) within the period of ten years beginning with the date of Referendum A, unless

[F2 (a)] subsection (2) or (3) applies[F3 , or

(b) subsection (3A) applies and Referendum B is held in accordance with subsection (3E).]

(2) This subsection applies if—

(a) Referendum A was held by the authority by virtue of an order under section 9N (power by order to require, and give effect to, referendum on change to mayor and cabinet executive), and

(b) the proposal for the authority to operate a mayor and cabinet executive was rejected in Referendum A.

(3) This subsection applies if Referendum B is required to be held by virtue of an order made under section 9N.

[F4 (3A) This subsection applies if Referendum B is held under section 9M to approve a change in governance arrangements—

(a) under section 9K for the local authority to start to operate executive arrangements, or

(b) under section 9KA for the local authority to vary its executive arrangements so that they provide for a mayor and cabinet executive.

(3B) Where subsection (3A) applies, the local authority may submit a proposal to the Secretary of State for consent to hold Referendum B within the period of 10 years beginning with the date of Referendum A.

(3C) A proposal must specify—

(a) the change in governance arrangements that is subject to approval in Referendum B, and

(b) how the change is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.

(3D) The Secretary of State may consent to a proposal only if the Secretary of State considers that the change in governance arrangements is likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area of the local authority.

(3E) If the Secretary of State consents to a proposal, the local authority may hold Referendum B—

(a) within the 10 year period beginning with the date of Referendum A, but

(b) not later than the end of the 3 year period beginning with the date consent is given.

(3F) The Secretary of State may by regulations make further provision about—

(a) the matters which must be addressed by a proposal under this section, and

(b) how a proposal is to be considered by the Secretary of State.]

(4) If the result of a referendum held by virtue of regulations, an order or a direction made under any provision of this Chapter is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals.

(5) If the result of a referendum held by virtue of regulations, an order or a direction made under any provision of this Chapter is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals.

(6) Subsections (4) and (5) do not apply to a referendum held by virtue of section 9N (but see section 9N(2)(c)).]

[F5 (7) See section 9ND (transfer of functions: changes in governance arrangements) for further provision about referendums under section 9MC.]

Textual Amendments

F1 Pt. 1A inserted (3.12.2011 for specified purposes, 15.1.2012 for the insertion of Pt. 1A Ch. 4 so far as not already in force and ss. 9B, 9C and 9R for specified purposes, 9.3.2012 for the insertion of ss. 9H-9HE in so far as not already in force and s. 9R for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/57, art. 4(1)(b) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 2(a); S.I. 2012/1008, art. 4(b)

F2 Words in s. 9MF(1) renumbered as s. 9MF(1)(a) (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 71(3)(a)(i), 255(2)(k) (with s. 247)

F3 S. 9MF(1)(b) and word inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 71(3)(a)(ii), 255(2)(k) (with s. 247)

F4 S. 9MF(3A)-(3F) inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 71(3)(b), 255(2)(k) (with s. 247)

F5 S. 9MF(7) inserted (26.10.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 72(4), 255(2)(k) (with s. 247)