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Regional Assemblies (Preparations) Act 2003

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This is the original version (as it was originally enacted).

2Local government referendums

This section has no associated Explanatory Notes

(1)This section applies if the Secretary of State makes an order under section 1 to cause a referendum to be held in a region about the establishment of an elected assembly for that region.

(2)The Secretary of State must by order cause a referendum to be held in each county area in the region about the government’s proposals for the structure of local government in that area.

(3)A county area is an area in the region in relation to which both a county council and one or more district councils have functions.

(4)But if the government’s proposals for a county area include an option providing for a local authority whose area includes any part of the area of more than one county area, the county area for the purposes of this section is the combined area of each of those county areas.

(5)The government’s proposals for the structure of local government—

(a)are such of the recommendations of the Boundary Committee for England made in pursuance of a direction under section 13(1) or 16(4) as the Secretary of State thinks appropriate subject to such modifications (if any) as he proposes to make in pursuance of section 17(3);

(b)must include at least two options for structural change (within the meaning of Part 2 of the Local Government Act 1992 (c. 19)) in relation to each county area in the region.

(6)The date of a referendum held in pursuance of an order under subsection (2) must be—

(a)specified in the order;

(b)the same date as the date specified in the order under section 1.

(7)An order under subsection (2) must not be made before the end of the period of six weeks starting with the day on which the Secretary of State receives the recommendations of the Boundary Committee in pursuance of a direction under section 13(1) or 16(4).

(8)The Secretary of State by order—

(a)may vary an order under subsection (2);

(b)must revoke such an order if he revokes the order under section 1.

(9)A Minister of the Crown may by order make such provision as he thinks appropriate in connection with a referendum held in pursuance of an order under subsection (2).

(10)An order under subsection (9) may—

(a)make provision for the creation of offences;

(b)apply or incorporate with or without modifications or exceptions any provision of any enactment (whenever passed or made and including this Act) relating to elections or referendums;

(c)modify any provision of Chapter 2 of Part 7 of the 2000 Act as it applies to a referendum held in pursuance of an order under section 1.

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