The Local Authorities (Referendums) (Petitions and Directions) (England) (Amendment) (No. 2) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000 (“the principal Regulations”), which relate to referendums as to the form of executive that should be adopted by local authorities under executive arrangements under the Local Government Act 2000 (“the 2000 Act”), where such referendums are required to be held following receipt of a valid petition, or by direction of the Secretary of State.

The amendment made by regulation 3 relates to the interpretation of the amendments made by regulations 4 and 5.

The amendments made by regulation 4 are associated with provisions of regulation 14 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001 (“the Referendums Regulations”), which specify circumstances in which polls at referendums may, and may not, be taken together with polls at elections of specified descriptions, or with polls at other referendums.

The effect of the amendments to regulation 16 of the principal Regulations made by regulation 4(a) and (b) of these Regulations is to introduce further exceptions to the requirement that a referendum must be held within six months of the “petition date” (defined in regulation 3 of the principal Regulations).

The first new exception arises where, in reliance on regulation 14(5) of the Referendums Regulations, which relates to elections falling between 5 and 6 months after the petition date, the poll at a referendum is not taken together with the poll at an election. In that case, the referendum may be held within the period of 7 days beginning with the 29th day after the day on which the poll is taken at the election with which, but for regulation 14(1), the poll at the referendum would have been taken.

The second new exception arises where the day on which the poll at an election of a description mentioned in regulation 14(2) of the Referendums Regulations is taken falls within the period between 6 and 7 months after the petition date.

The effect of the amendment to regulation 16 of the principal Regulations made by regulation 4(c) is to prevent the holding of a referendum under Part II of those Regulations on a Saturday or a Sunday, on Christmas Eve, Christmas Day, Maundy Thursday or Good Friday or on a day which is a bank holiday in England under the Banking and Financial Dealings Act 1971, or on a day appointed for public thanksgiving or mourning.

Regulation 5 makes similar amendments to regulation 21 of the principal Regulations.