F1PART 1AArrangements with respect to local authority governance in England

CHAPTER 4Changing governance arrangements

F2Transfer of functions: changes in governance arrangements

9NDTransfer of functions: changes in governance arrangements subject to a referendum

(1)

This section applies where—

(a)

the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 (power to transfer etc public authority functions to certain local authorities) that provide for a function to be exercisable by a local authority,

(b)

the local authority proposes to pass a resolution under section 9KC to make a relevant change in governance arrangements, and

(c)

that change is subject to approval in a referendum under section 9M.

(2)

This section also applies where—

(a)

the Secretary of State has made regulations under section 16 of the Cities and Local Government Devolution Act 2016 that provide for a function to be exercisable by a local authority, and

(b)

the local authority is required by regulations under section 9MC (referendum following petition) to hold a referendum on whether the authority should make a relevant change in governance arrangements.

(3)

The local authority may not—

(a)

hold the referendum mentioned in subsection (1)(c) or (2)(b), or

(b)

pass a resolution which makes the proposed change in governance arrangements,

unless the local authority complies with this section.

(4)

The local authority must notify the Secretary of State of the proposed change in governance arrangements.

(5)

Where the Secretary of State receives such a notification, the Secretary of State must consider whether, as a result of the proposed change in governance arrangements, the regulations mentioned in subsection (1)(a) or (2)(a) should be amended or revoked (see section 17(1) of the Cities and Local Government Devolution Act 2016).

(6)

The Secretary of State must notify the local authority of the decision under subsection (5).

(7)

If the Secretary of State considers that the regulations should be amended or revoked—

(a)

the local authority may hold the referendum mentioned in subsection (1)(c) or (2)(b), but

(b)

if the result of the referendum is to approve the proposals, the local authority may not pass a resolution which makes the proposed change in governance arrangements until the regulations have been so amended or revoked.

(8)

If the Secretary of State considers that the regulations should not be amended or revoked, the local authority may hold the referendum mentioned in subsection (1)(c) or (2)(b) and (if the result of the referendum is to approve the proposals) pass the resolution.

(9)

In this section “function” and “relevant change in governance arrangements” have the same meaning as in section 9NC.

(10)

This section is subject to sections 9KC(3) and (4), 9MB and 9MF (timing of change in governance arrangements etc).