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

Publicity and other information to be provided in connection with referendums by the Greater London Authority

6.—(1) This paragraph applies where the Greater London Authority has determined under section 52ZB(3) that—

(a) its adjusted relevant basic amount of council tax for a financial year (the relevant financial year) is excessive; and

(b) its unadjusted relevant basic amount of council tax for the relevant financial year is not excessive.

(2) Where paragraph (1) applies, the authority must, as soon as is reasonably practicable, and not fewer than 28 days before the date on which the referendums will be held in accordance with sub-paragraph (d), publish in such a manner as it considers likely to bring to the attention of persons who live in the authority’s area, a notice which contains a statement —

(a) that referendums are required to be held on the authority’s council tax increase for the relevant financial year in accordance with Chapter 4ZA of Part 1 of the Local Government Finance Act 1992;

(b) that arrangements to hold the referendums will be made by relevant billing authorities which are to be specified in the notice.

(c) that a referendum will not be held in the area of the Greater London Authority to which the special item does not apply and an explanation as to why this is the case;

(d) of the date on which the referendums will be held;

(e) of the question to be asked in the referendums;

(f) that the referendums will be conducted in accordance with procedures similar to those used at local government elections;

(g) of the referendum expenses limit that will apply in relation to the referendums and the number of local government electors by reference to which that limit has been calculated;

(h) of the authority’s adjusted relevant basic amount of council tax for the relevant financial year;

(i) of the authority’s adjusted relevant basic amount of council tax for the financial year preceding the relevant financial year;

(j) of the percentage change in the authority’s adjusted relevant basic amount of council tax from the preceding year to the relevant financial year expressed to one decimal place;

(k) of what the amount calculated by the authority as its adjusted relevant basic amount of council tax for the relevant financial year would be if the authority’s relevant basic amount of council tax is not approved;

(l) of what the percentage change in the authority’s adjusted relevant basic amount of council tax from the preceding year to the relevant financial year expressed to one decimal place would be if the authority’s relevant basic amount of council tax is not approved;

(m) that, not fewer than 28 days before the date on which the referendum will be held, the authority will publish a statement containing the matters referred to in regulation 7(3);

(n) of the procedures for obtaining a copy of the statement referred to in sub-paragraph (m).

(3) This paragraph applies where the Greater London Authority has determined that its unadjusted relevant basic amount of council tax for a financial year (the relevant financial year) is excessive (whether or not it has also determined that its adjusted relevant basic amount of council tax for the relevant financial year is excessive) under section 52ZB(3).

(4) Where paragraph (3) applies, the authority must, as soon as is reasonably practicable, and not fewer than 28 days before the date on which the referendum will be held in accordance with sub-paragraph (c) below, publish in such a manner as it considers likely to bring to the attention of persons who live in the authority’s area, a notice which contains a statement—

(a) that referendums are required to be held on the authority’s council tax increase for the relevant financial year in accordance with Chapter 4ZA of Part 1 of the Local Government Finance Act 1992;

(b) that arrangements to hold the referendums will be made by relevant billing authorities which are to be specified in the notice;

(c) of the date on which the referendums will be held;

(d) of the question to be asked in a referendum where the special item applies to the relevant billing authority’s area;

(e) of the question to be asked in a referendum where the special item does not apply to the relevant billing authority’s area.

(f) that the referendums will be conducted in accordance with procedures similar to those used at local government elections;

(g) of the referendum expenses limit that will apply in relation to the referendums and the number of local government electors by reference to which that limit has been calculated;

(h) of the authority’s adjusted relevant basic amount of council tax for the relevant financial year;

(i) of the authority’s adjusted relevant basic amount of council tax for the financial year preceding the relevant financial year;

(j) of the percentage change in the authority’s adjusted relevant basic amount of council tax from the preceding year to the relevant financial year expressed to one decimal place;

(k) of what the amount calculated by the authority as its adjusted relevant basic amount of council tax for the relevant financial year would be if the authority’s relevant basic amount of council tax is not approved;

(l) of what the percentage change in the authority’s adjusted relevant basic amount of council tax from the preceding financial year to the relevant financial year expressed to one decimal place would be if the authority’s relevant basic amount of council tax is not approved;

(m) of the authority’s unadjusted relevant basic amount of council tax for the financial year preceding the relevant financial year;

(n) of the percentage change in the authority’s unadjusted relevant basic amount of council tax from the preceding financial year to the relevant financial year expressed to one decimal place;

(o) of what the amount calculated by the authority as its unadjusted relevant basic amount of council tax for the relevant financial year would be if the authority’s relevant basic amount of council tax is not approved;

(p) of what the percentage change in the authority’s unadjusted relevant basic amount of council tax from the preceding financial year to the relevant financial year expressed to one decimal place would be if the authority’s relevant basic amount of council tax is not approved;

(q) that, not fewer than 28 days before the date on which the referendum will be held, the authority will publish a statement containing the matters referred to in regulation 7(3);

(r) of the procedures for obtaining a copy of the statement referred to in sub-paragraph (q).

(5) The notice published under paragraph (4) must include an explanation of the areas to which the different amounts stated in sub-paragraphs (h) to (p) of paragraph (4) relate.

(6) Where paragraph (7) applies, the notice published under paragraph (2) or (4) above must include an explanation that—

(a) the amounts stated in the question to be asked in the referendum under paragraph (2)(d) or sub-paragraphs (d) and (e) of paragraph (4) (as the case may be) and the amounts stated in sub-paragraphs (h) to (l) of paragraph (2) or sub-paragraphs (h) to (p) of paragraph (4) (as the case may be) do not take into account the amount of any levies; and

(b) the referendum is not being held in relation to the authority’s expenditure on such levies.

(7) This paragraph applies where—

(a) a constituent body(1) is issued with a levy for the year; or

(b) the authority anticipates such a levy under section 74 of the 1988 Act.

(8) The notice published under paragraph (2) or (4), may also include—

(a) any other factual information relating to the authority’s council tax or the referendum so far as it is presented fairly, or

(b) details of the procedures for obtaining such other factual information.

(1)

See section 52ZR(8) of the Local Government Finance Act 1992 for the meaning of “constituent body”. Section 52ZR was inserted into the Local Government Finance Act 1992 by Schedule 5 to the Localism Act 2011 (c. 20).