The Local Authorities (Changing Executive Arrangements and Alternative Arrangements) (England) Regulations 2001

Proposals requiring a referendum

9.—(1) If the result of a referendum held by virtue of regulation 6 is to reject the proposals that were the subject of the referendum, the local authority—

(a) must not implement those proposals; and

(b) where the local authority is operating—

(i) existing executive arrangements (as summarised in its outline fall-back proposals), it must continue to operate those existing arrangements unless and until it is authorised or required to operate different executive arrangements or authorised to operate alternative arrangements in place of its existing executive arrangements(1);

(ii) existing alternative arrangements (as summarised in its outline fall-back proposals), it must continue to operate those existing arrangements unless and until it is authorised to operate different alternative arrangements or authorised or required to operate executive arrangements in place of its existing alternative arrangements(2).

(2) Subject to paragraph (3), if the result of a referendum held by virtue of regulation 6 is to approve the proposals that were the subject of the referendum, the local authority must implement those proposals in accordance with the timetable included in the proposals.

(3) Where—

(a) a local authority draws up proposals under regulation 2(1) which involve an executive which takes a different form or under regulation 2(2); and

(b) under existing executive arrangements the executive takes a form specified in section 11(2) or (4) of the 2000 Act (mayor and cabinet executive or mayor and council manager executive),

paragraph (4) shall apply.

(4) Where this paragraph applies, the local authority must not implement the proposals until—

(a) the term of office of the elected mayor under the existing executive arrangements ends; or

(b) the elected mayor otherwise ceases to hold the office of elected mayor,

whichever occurs sooner.

(1)

See, in particular, sections 30 and 33 to 36 of the 2000 Act.

(2)

See, in particular, sections 33 to 36 of the 2000 Act.