The Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000

Requirements as to proposals

20.—(1) In drawing up proposals under regulation 19(1)(c) the authority shall—

(a) where the direction specifies details, a form of executive or a timetable, include those details, that form of executive or that timetable;

(b) where the direction requires regard to be had to principles or matters, have regard to those principles or matters;

(c) where the direction requires consultation with specified persons, or in a specified manner or about specified matters, consult those persons, in that manner or about those matters, as the case may be;

(d) consider the extent to which their proposals, if implemented, are likely to assist in securing continuous improvement in the way in which their functions are exercised, having regard to a combination of economy, efficiency and effectiveness;

(e) subject to sub-paragraphs (a) to (d)—

(i) decide which form the executive is to take;

(ii) decide the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive; and

(iii) take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.

(2) Without prejudice to paragraph (1)(a), proposals under regulation 19(1)(c) shall include—

(a) such details of the executive arrangements as the Secretary of State may direct,

(b) a timetable with respect to the implementation of the proposals, and

(c) details of any transitional arrangements which are necessary for the implementation of the proposals.

(3) The authority’s proposals under regulation 19(1)(d)—

(a) where the authority are not then operating executive arrangements or alternative arrangements—

(i) may not be drawn up before the authority have taken reasonable steps to consult the local government electors for, and other interested persons in, their area;

(ii) shall include such details of the executive arrangements or alternative arrangements to which they relate as the Secretary of State may direct;

(iii) shall include a timetable with respect to the implementation of the detailed fall-back proposals in the event that the proposals that are to be the subject of the referendum are rejected; and

(iv) may include, as the authority’s outline fall-back proposals, any proposals under subsection (1) of section 28 (approval of outline fall-back proposals) approved by the Secretary of State;

(b) where the authority are then operating executive arrangements or alternative arrangements, shall consist of a summary of those arrangements.

(4) In drawing-up proposals under regulation 19(1)(c) and (d) an authority—

(a) shall comply with any directions given by the Secretary of State; and

(b) shall have regard to any guidance for the time being issued by the Secretary of State under section 38.

(5) Not later than two months before the date on which the referendum is to be held, the authority shall send to the Secretary of State—

(a) a copy of the proposals drawn up under regulation 19(1)(c) and (d); and

(b) a statement which describes—

(i) the steps which the authority took to consult the local government electors for, and other interested persons in, the authority’s area, and

(ii) the outcome of that consultation and the extent to which that outcome is reflected in the proposals.