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Political Parties, Elections and Referendums Act 2000

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Local Government Act 2000 (c. 22)

18(1)The Local Government Act 2000 is amended as follows.

(2)In section 44 (conduct of elections of elected mayors or elected executive members), after subsection (3) insert—

(3A)Before making any regulations under this section, the Secretary of State shall consult the Electoral Commission.

(3B)In addition, the power of the Secretary of State to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) shall be exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.

(3)In section 45 (conduct of referendums under the Act), after subsection (8) insert—

(8A)Before making any regulations under this section, the Secretary of State shall consult the Electoral Commission, but this subsection does not apply to—

(a)provisions which specify the wording of the question to be asked in a referendum, or

(b)provisions for matters mentioned in subsection (8)(c).

(8B)No regulations which specify the wording of the question to be asked in a referendum may be made under subsection (5) unless—

(a)before laying a draft of the regulations before Parliament in accordance with section 105(6), the Secretary of State consulted the Electoral Commission as to the intelligibility of that question, and

(b)when so laying the draft, the Secretary of State also laid before each House a report stating any views as to the intelligibility of that question which were expressed by the Electoral Commission in response to that consultation.

(8C)Where any such regulations specify not only the question to be asked in a referendum but also any statement which is to precede that question on the ballot paper at the referendum, any reference in subsection (8B) to the intelligibility of that question is to be read as a reference to the intelligibility of that question and that statement taken together.

(8D)No regulations which make provision for the matters mentioned in subsection (8)(c) may be made under subsection (5) unless—

(a)before laying a draft of the regulations before Parliament in accordance with section 105(6), the Secretary of State sought, and had regard to, the views of the Electoral Commission as to the provision to be made by the regulations as to those matters, and

(b)where the draft regulations laid before Parliament made provision as to those matters otherwise than in accordance with the views of the Electoral Commission, the Secretary of State, when so laying the draft, also laid before each House a statement of his reasons for departing from the views of the Commission.

(4)In section 45(9), after “(8)” insert “to (8C)”.

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