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

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Action where referendum proposals rejected

24.—(1) If the result of a referendum held under Part II or in pursuance of a direction under Part III is to reject the proposals that were the subject of the referendum—

(a)the authority may not implement those proposals; and

(b)if the authority is not then operating alternative arrangements or executive arrangements, it shall draw up detailed fall-back proposals which are based on its outline fall-back proposals; or

(c)if the authority is then operating executive arrangements, it shall continue to operate those arrangements until it is authorised or required to operate different executive arrangements or authorised to operate alternative arrangements in place of its existing executive arrangements; or

(d)if the authority is then operating alternative arrangements, it shall continue to operate those arrangements until it is authorised to operate different alternative arrangements or authorised or required to operate executive arrangements in place of its existing alternative arrangements.

(2) Detailed fall-back proposals shall comprise—

(a)the details (if any) specified in a direction under regulation 18(1);

(b)such other details of the executive arrangements or alternative arrangements to which they relate as the National Assembly for Wales may direct; and

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

(3) In drawing up detailed fall-back proposals the authority—

(a)shall comply with any directions given by the National Assembly for Wales; and

(b)where those proposals involve executive arrangements shall, unless a direction has been given in relation to that matter, decide the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive.

(4) Except to the extent that detailed fall-back proposals involving executive arrangements or alternative arrangements are specified in a direction under regulation 18(1)—

(a)before drawing up proposals in accordance with paragraph (1)(b) above, the authority shall take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area; and

(b)in drawing up those proposals, 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.

(5) Where detailed fall-back proposals are drawn up in accordance with paragraph (1)(b), the authority shall send a copy of them to the National Assembly for Wales.

(6) Subject to paragraph (7), the authority shall implement detailed fall-back proposals in accordance with the timetable included pursuant to regulation 17(7)(a)(ii) or, as the case may be, regulation 20(3)(a)(iii).

(7) Where detailed fall-back proposals are based on proposals approved under subsection (1) of section 28 (approval of outline fall-back proposals), the timetable referred to in paragraph (6) shall be extended to the extent that there is any delay in making the necessary regulations under section 11(5) or 32 (as the case may be).

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