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The Local Authorities (Referendums) (Petitions and Directions) (Wales) Regulations 2001

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Action before referendum

17.—(1) Before the holding of a referendum under this Part, the authority shall—

(a)where the petition does not specify, or is treated as not specifying, the form proposed for the authority’s executive—

(i)subject to paragraph (2), decide which form the executive is to take; and

(ii)decide the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive; or

(b)where the petition specifies the form proposed for the authority’s executive, decide the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive.

(2) The form of executive determined under paragraph (1)(a)(i) must include an elected mayor.

(3) Before the holding of a referendum under this Part, the authority shall also—

(a)draw up proposals for the operation of executive arrangements; and

(b)draw up outline fall-back proposals.

(4) Before drawing up proposals under paragraph (3)(a) and (b) the authority shall take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.

(5) The authority’s proposals under paragraph (3)(a) shall include—

(a)such details of the executive arrangements as the National Assembly for Wales may direct,

(b)a timetable with respect to the implementation of the proposals, and

(c)details of any transitional arrangements which are necessary for the implementation of the proposals.

(6) In drawing up proposals under paragraph (3)(a) the authority shall consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority’s functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

(7) The authority’s proposals under paragraph (3)(b)—

(a)where the authority is not then operating executive arrangements or alternative arrangements—

(i)shall include such details of the executive arrangements or alternative arrangements to which they relate as the National Assembly for Wales may direct;

(ii)shall include a timetable with respect to the implementation of detailed fall-back proposals which are based on the outline fall-back proposals in the event that the proposals that are to be the subject of the referendum are rejected; and

(iii)may include, as the authority’s outline fall-back proposals, any proposals under subsection (1) of section 28 (approval of outline fall-back proposals) approved by the National Assembly for Wales;

(b)where the authority is then operating executive arrangements or alternative arrangements shall consist of a summary of those arrangements.

(8) In drawing up proposals under paragraph (3)(a) and (b) the authority shall have regard to any guidance for the time being issued by the National Assembly for Wales under section 38.

(9) Not later than two months before the date on which the referendum is to be held, the authority shall send to the National Assembly for Wales—

(a)a copy of the proposals drawn up under paragraph (3)(a) and (b); and

(b)a statement which describes—

(i)the steps which the authority took to consult the local government electors for, and other interested persons in, the authority’s area, and

(ii)the outcome of that consultation and the extent to which that outcome is reflected in the proposals.

(10) The authority shall comply with any directions given by the National Assembly for Wales for the purposes of this regulation.

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