The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012

Immediate consequences of referendum petitions

21.—(1) This regulation applies where –

(a) a referendum petition is presented on any of the grounds mentioned in regulation 20(1)(a) to (c); or

(b) leave is granted for the presentation of a referendum petition brought on the ground mentioned in regulation 20(1)(d).

(2) Where the result of the referendum was that that the billing authority’s relevant basic amount of council tax for the financial year was—

(a) approved by a majority of persons voting in the referendum, the authority’s calculations from which that amount was derived continue to have effect for that year for the purposes of the 1992 Act;

(b) not approved by a majority of persons voting in the referendum, the substitute calculations made in relation to the year under section 52ZF continue to have effect in relation to the authority and the financial year.

(3) In a case where—

(a) one referendum was held in respect of the precepting authority’s relevant basic amount of council tax for the financial year; and that amount was approved by a majority voting in the referendum; or

(b) two or more referendums were held in respect of that amount; and that amount was approved by a majority of persons voting in all of those referendums taken together,

the precepting authority’s calculations that include that amount or (as the case may be) from which that amount was derived continue to have effect for the year for the purposes of the 1992 Act.

(4) In a case where—

(a) one referendum was held in respect of the precepting authority’s relevant basic amount of council tax for the financial year, that amount was not approved by a majority voting in the referendum; or

(b) two or more referendums were held in respect of that amount, that amount was not approved by a majority of persons voting in all of those referendums taken together,

any precept issued to a billing authority under section 52ZK or 52ZM as part of a notification that triggered the referendum continues to have effect as a precept issued to that billing authority for the year for the purposes of Chapter 3 of Part 1 of the 1992 Act and subsections (6) to (9) of section 52ZO continue to apply in relation to the precept.