The Local Authorities (Referendums) (Petitions and Directions) (Wales) Regulations 2001

Interpretation of Part II

3.  In this Part—

• “alternative arrangements” (“trefniadau amgen”) means arrangements specified in regulations made by the National Assembly for Wales under section 32(1) of the Act;

• “amalgamated petition”(“deiseb gyfun”) means the single petition resulting from an amalgamation of petitions in accordance with paragraph (1) or (3) of regulation 8;

• “constituent petitions” (“deisebau cyfansoddol”) means petitions that have been amalgamated;

• “constitutional change” (“newid cyfansoddiadol”) means—

  (a)

  unless a local authority is operating executive arrangements which involve an elected mayor, a proposal that the authority should operate executive arrangements—

  (i)

  under which the executive takes the form specified in subsection (2) or (4) of section 11 (local authority executives), or otherwise involves an elected mayor; or,

  (ii)

  in a form that is not specified in the proposal;

  (b)

  where a local authority are operating executive arrangements which involve an elected mayor (“existing executive arrangements”), a proposal that the authority should operate executive arrangements under which the executive takes a form which—

  (i)

  is specified in the proposal;

  (ii)

  involves an elected mayor; and

  (iii)

  differs from the form of executive under the existing executive arrangements;

• “moratorium period” (“cyfnod moratoriwm”) in relation to a local authority’s area and a petition, means the period of 48 months commencing with the day on which a referendum was last held under Part II of the Act in relation to that area;

• “notice period” (“cyfnod hysbysu”), in relation to a petition, means the period of one month beginning with the petition date;

• “petition” (“deiseb”), unless the context otherwise requires, includes an amalgamated petition;

• “petition date” (“dyddiad y ddeiseb”)—

  (a)

  in relation to a petition submitted prior to the publication of the verification number in accordance with regulation 4(1) means the date on which that verification number is published;

  (b)

  subject to paragraph (d), in relation to constituent petitions amalgamated in accordance with regulation 8(3), means the latest date on which a constituent petition was received by the authority;

  (c)

  subject to paragraph (d), in relation to any other petition, means the date on which it was received by the authority;

  (d)

  in relation to a petition received within the period of six months beginning with the date that is twelve months before the earliest date on which a second (or subsequent) referendum may lawfully be held in the area of the authority to whom the petition is addressed, means the date on which that period of six months ends;

• “petition organiser” (“trefnydd deiseb”)—

  (a)

  in relation to constituent petitions amalgamated in accordance with paragraph (1) of regulation 8, means the person determined in accordance with paragraph (5) of regulation 10;

  (b)

  in any other case, has the meaning given by paragraph (4) of regulation 10;

• “post-announcement petition” (“deiseb ôl-gyhoeddiad”) means a petition received in the circumstances mentioned in regulation 7(1);

• “proper officer” (“swyddog priodol”) has the meaning given by section 270(3) of the Local Government Act 1972(1);

• “valid petition” ( “deiseb ddilys”) has the meaning given by regulation 9(1);

• “verification number” (“rhif dilysu”), in relation to a petition, means the number to be used for verification purposes by virtue of paragraph (2), (3), (6) or (7) of regulation 4, as the case may be; and

• “verification purposes” (“dibenion dilysu”) means the purposes of establishing whether a petition is a valid petition.

(1)

1972 c. 70.