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Local Government, England
8th February 2012
Coming into force in accordance with article 1
The Secretary of State makes the following Order in exercise of the powers conferred by sections 9N and 105 of the Local Government Act 2000(1).
In accordance with section 105(6) of that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.
1. This Order may be cited as the City of Birmingham (Mayoral Referendum) Order 2012 and comes into force on the day after the day on which it is made.
2. In this Order “the authority” means Birmingham City Council.
3. The authority must, on 3rd May 2012, hold a referendum on whether to operate a mayor and cabinet executive.
4.—(1) If the result of the referendum held by virtue of this Order is to approve a change to a mayor and cabinet executive, the authority must implement that change.
(2) If the result of the referendum held by virtue of this Order is to reject a change to a mayor and cabinet executive, the authority shall continue to operate their existing form of governance.
5. The Secretary of State may, in the event of any failure by the authority to take any action which must be taken by the authority by virtue of this Order, take that action.
Signed by authority of the Secretary of State for Communities and Local Government
Minister of State
Department for Communities and Local Government
8th February 2012
(This note is not part of the Order)
This Order provides for Birmingham City Council, on the date specified in Article 3, to hold a referendum on whether to cease to operate their existing form of governance arrangements and to start to operate a mayor and cabinet executive instead. The result of the referendum required to be held by virtue of this Order is binding. Article 5 enables the Secretary of State to take any action that the authority are required to take by virtue of this Order if the authority fails to take that action.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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