The Local Authorities (Conduct of Referendums) (England) Regulations 2007

Publicity and other information in connection with referendums

4.—(1) Subject to paragraph (2), the proper officer must, as soon as practicable after the proposals date, publish in at least one newspaper circulating in the local authority’s area, a notice which contains—

(a) a statement that, as the case may be—

(i) proposals under section 25 involving a form of executive for which a referendum is required,

(ii) proposals under regulation 17(3) or 19(1) of the Petitions and Directions Regulations,

(iii) proposals under an order under section 36, or

(iv) proposals under regulations under section 30 or 33,

have been sent to the Secretary of State;

(b) a description of the main features of the proposals and of the outline fall-back proposals;

(c) a statement—

(i) that a referendum will be held,

(ii) of the date on which the referendum will be held,

(iii) in a case to which regulation 10(1) or (7) applies, that the poll in the referendum will be taken together with the poll or polls in an election or elections of a description which is to be specified in the statement,

(iv) of the question to be asked in the referendum,

(v) that the referendum will be conducted in accordance with procedures similar to those used at local government elections,

(vi) of the referendum expenses limit (as defined in regulation 6(1)) that will apply in relation to the referendum and the number of local government electors by reference to which that limit has been calculated,

(vii) of the address and times at which a copy of the proposals, and of the authority’s outline fall-back proposals, may be inspected,

(viii) of the procedures for obtaining a copy of the proposals and outline fall-back proposals, and

(ix) if the proper officer then knows that the poll in the referendum (whether or not it is to be taken together with the poll in an election) will be taken together with the poll in a referendum for another area, that the polls will be taken together for the two (or more) areas, which are to be specified in the statement.

(2) At least 14 days before the day on which he publishes a notice in accordance with paragraph (1) the proper officer of an authority must, by notice in writing, advise—

(a) if he is the proper officer of a county council, the proper officer of the council of each district comprised in the county;

(b) if he is the proper officer of a district council comprised in an area for which there is a county council, the proper officer of—

(i) the council of the county in which the district lies, and

(ii) each of the other district councils in that county,

that he intends to publish a notice under paragraph (1) and of the date of the referendum to be held in his area.

(3) It is the duty of each proper officer—

(a) to whom notice has been given under paragraph (2), and

(b) whose council are considering the holding of a referendum in their area,

to consider whether it would be practicable to combine that referendum with the one of which such notice has been given; and each such officer must reply to the notice with seven days from the date of its receipt, indicating whether his authority wish to combine their referendum with that to which that notice refers.

(4) Unless the notice required to be published by paragraph (1) (“the first notice”) is published fewer than 56 days before the date of the referendum, the proper officer must publish a second notice containing the particulars specified in paragraph (1)(c)(i) to (viii) and, if paragraph (1)(c)(ix) applies (whether or not it applied in relation to the first notice), the particulars specified in that paragraph.

(5) The second notice is to be published—

(a) in the same newspaper or newspapers as were used for the publication of the first notice, and

(b) not greater than 55 days and not fewer than 28 days before the date of the referendum.

(6) The authority must make available for inspection throughout the referendum period, at the address and times stated in the notice, and free of charge, a copy of their proposals and outline fall-back proposals, and must secure that sufficient copies are available for persons who wish to obtain copies.

(7) The authority may provide (whether or not in pursuance of any duty to do so) any other factual information relating to the proposals, the outline fall-back proposals or the referendum so far as it is presented fairly.

(8) In determining for the purposes of paragraph (7) whether any information is presented fairly, regard is, in accordance with section 38, to be had to any guidance for the time being issued by the Secretary of State under section 38.