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

Circumstances in which Secretary of State may require referendum

18.  (1)  The Secretary of State may—

(a)where it appears to him that the circumstances are as mentioned in any paragraph of Schedule 2 to these Regulations;

(b)where he has rejected an authority’s application under section 28 (approval of outline fall-back proposals);

(c)where it appears to him that a direction is necessary to further compliance with the requirements of Part I of the Local Government Act 1999(1) (best value);

(d)if an authority request him to do so; or

(e)if a petition organiser requests him to do so,

by a direction in writing to the authority, require the authority, subject to paragraphs (3) and (4), to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the direction.

(2) Where the Secretary of State gives a direction pursuant to paragraph (1)(a), he may specify in the direction—

(a)the form of executive to be included in proposals drawn up under regulation 19(1)(c);

(b)details (whether or not in the form of proposals that are to be the subject of the referendum) of—

(i)the executive arrangements and their operation; and

(ii)any transitional arrangements necessary for the implementation of the proposals on which the referendum is to be held;

(c)a timetable with respect to the implementation of the proposals;

(d)the principles or matters to which the authority is to have regard in drawing up the proposals;

(e)except in a case where details in the form of proposals are specified pursuant to sub-paragraph (b), in relation to the consultation to be undertaken in drawing up those proposals—

(i)the persons with whom consultation is required;

(ii)the manner of the consultation; and

(iii)the matters about which those persons are to be consulted;

(f)the outline fall-back proposals;

(g)details (whether or not in the form of proposals) of the detailed fall-back proposals that are to be implemented if the proposals that are to be the subject of the referendum are rejected.

(3) Where a form of executive involving an elected mayor is specified in a petition, a direction given in response to the request of the person who is the petition organiser in relation to that petition shall not require the authority to hold a referendum on proposals involving any other form of executive.

(4) Where a form of executive involving an elected mayor is specified in a petition in consequence of which proposals are drawn up under regulation 17(3), a direction given pursuant to paragraph (1)(a) in respect of those proposals shall not require the authority to hold a referendum on proposals involving any other form of executive.