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

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Post-announcement and post-direction petitions

7.—(1) In relation to a petition received after an authority has given notice of its intention to hold a referendum and of the date on which that referendum will be held (whether pursuant to this Part, a direction under regulation 18, or section 27 (referendum in case of proposals involving elected mayor)) on proposals which involve a directly elected mayor, nothing in this Part shall require an authority to hold a referendum or to take any steps other than those specified in paragraph (2) and regulation 12.

(2) The steps specified in this paragraph are to secure that the proper officer, as soon as reasonably practicable after the receipt of the petition—

(a)notifies the National Assembly for Wales and the petition organiser—

(i)of the receipt of the petition;

(ii)that the petition is a post-announcement petition; and

(iii)that the authority propose to take no further action in relation to it;

and

(b)notifies the petition organiser that the petition organiser may, within the period of two months beginning with the date of the notice, request the National Assembly for Wales to consider the exercise of any power conferred on it by Part III of these Regulations.

(3) Where—

(a)a petition is received by an authority—

(i)after it has received a direction under regulation 18(1); and

(ii)before it has given notice of the date on which the referendum is to be held pursuant to the direction; and

(b)the constitutional change proposed in the petition is the same as that in relation to which the direction requires the referendum to be held,

the authority shall take no further action in relation to the petition and shall, as soon as reasonably practicable, comply with the requirements of paragraph (4).

(4) The authority shall notify the National Assembly for Wales and the petition organiser—

(a)of the receipt of the petition; and

(b)that it proposes to take no further action in relation to the petition because it proposes the same constitutional change as that in relation to which the referendum is to be held pursuant to the direction.

(5) Where—

(a)a petition is received by an authority—

(i)after it has received a direction under regulation 18(1); and

(ii)before it has given notice of the date on which the referendum is to be held pursuant to the direction; and

(b)the constitutional change proposed in the petition is not the same as that in relation to which the direction requires the referendum to be held,

the authority shall secure that the proper officer determines, in accordance with this Part, whether the petition is a valid petition.

(6) Where the proper officer determines that a petition of the description in paragraph (5) is not a valid petition, the proper officer shall comply with regulation 14(1) but, subject to that—

(a)the authority shall take no further action in relation to the petition; and

(b)for the purposes of regulation 21, the date of the direction shall be the date of the proper officer’s determination.

(7) For the purposes of paragraphs (3) to (5)—

(a)in relation to a direction under regulation 18(1) that requires an authority to hold a referendum on a form of executive that includes an elected mayor, a petition received subsequently by that authority in which the form of executive is not specified, shall be treated as proposing the same constitutional change; and

(b)other constitutional changes shall be treated as the same if they propose executive arrangements under which the executive takes the same form.

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