The Local Authorities (Referendums) (Petitions and Directions) (Amendment) (Wales) Regulations 2003

Welsh Statutory Instruments

2003 No. 398 (W.55)

LOCAL GOVERNMENT, WALES

The Local Authorities (Referendums) (Petitions and Directions) (Amendment) (Wales) Regulations 2003

Made

25th February 2003

Coming into force

4th April 2003

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred upon it by sections 34, 105(2) and 106(1) and (2) of the Local Government Act 2000(1):

Citation, commencement and application

1.—(1) These Regulations are called the Local Authorities (Referendums) (Petitions and Directions) (Amendment) (Wales) Regulations 2003 and will come into force on 4th April 2003.

(2) These Regulations apply to Wales only.

Interpretation

2.  In these Regulations —

“the 2001 Regulations” (“Rheoliadau 2001”) means the Local Authorities (Referendums) (Petitions and Directions) (Wales) Regulations 2001(2).

Amendment of the 2001 Regulations

3.—(1) The 2001 Regulations are amended in accordance with the following provisions of this regulation.

(2) In regulation 3 —

(a) after the definition of “constitutional change” insert —

““first petition period” (“cyfnod deisebu cyntaf”) has the meaning given by regulation 3A;”;

(b) for the definition of “moratorium period” there is substituted —

““moratorium period” (“cyfnod moratoriwm”) means the period of five years commencing on the date on which an authority holds a referendum under Part II of the Act;”;

(c) in the definition of “petition date” —

(i) paragraphs (a) and (d) are deleted; and

(ii) in paragraphs (b) and (c), the words “subject to paragraph (d),” are deleted;

(d) after the definition of “petition organiser” insert —

““petition period” (“cyfnod deisebu”) has the meaning given by regulation 3A;”;

(e) after the definition of “valid petition” insert —

““verification date” (“dyddiad dilysu”) means, other than in relation to the first petition period, the date that is seven months before the commencement of a petition period;”; and

(f) for the definition of “verification number” there is substituted —

““verification number” (“Rhif dilysu”), in relation to a petition, means the number to be used for verification purposes by virtue of paragraphs (2) or (4) of regulation 4; and”.

(3) After regulation 3, insert —

“Petition periods

3A.— (1) The local government electorate for an authority’s area may present petitions to that authority during a petition period.

(2) The duration of a petition period is six months.

(3) The first petition period will commence on the date that is twelve months before the date on which the ordinary local government elections in 2004 are to be held.

(4) Subject to the following paragraphs of this regulation, subsequent petition periods for an authority will commence on the date that is twelve months before the date on which each subsequent ordinary local government elections are to be held.

(5) If part or the whole of one or more of an authority’s petition periods as determined in accordance with paragraph (4) or the following paragraphs are to fall within a moratorium period, that petition period, or those petition periods (which, for the purposes of this regulation, are to be treated as a single petition period), will commence on the date during that moratorium period that is twelve months before the earliest date on which a second (or subsequent) referendum may lawfully be held in the area of that authority.

(6) Where an authority does not receive a valid petition during a petition period determined in accordance with paragraph (5), the date on which the next petition period for that authority will commence is the date that is twelve months before the date on which the next ordinary local government elections are to be held.

(7) Paragraph (6) will not apply where part or the whole of a petition period determined in accordance with that paragraph will fall within a year in which part or the whole of a petition period determined in accordance with paragraph (5) falls.

(8) Where an authority does not receive a valid petition during a petition period determined in accordance with paragraph (5) and, by virtue of paragraph (7), paragraph (6) does not apply, the next petition period for that authority will commence on the date that is twelve months before the date on which the ordinary local government elections which are subsequent to the next ordinary local government elections are to be held.”.

(4) For regulation 4, substitute —

“Verification number

4.— (1) Not later than four weeks after 4th April 2003, the proper officer of each authority shall publish the number that is equal to 10% of the number of local government electors for the authority’s area shown in the electoral register or registers published and having effect for the authority’s area on 4th April 2003(3).

(2) The number published in accordance with paragraph (1) will be used for verification purposes in relation to any petition presented to the authority during the first petition period.

(3) For the purposes of each subsequent petition period, the proper officer of each authority must, within the period of 14 days beginning with the verification date, publish the number that is equal to 10% of the number of local government electors for the authority’s area shown in the revised version of the registers having effect for the area on the verification date.

(4) The number published in accordance with paragraph (3) will be used for verification purposes in relation to any petition presented to the authority during the petition period that is to commence seven months after the verification date to which that number relates.

(5) The proper officer may, in connection with the discharge of the duty imposed by paragraphs (1) or (3), make a request in writing to an electoral registration officer to provide the proper officer with information relevant to the number that is to be published in accordance with those paragraphs; and an electoral registration officer who receives such a request must comply with it within the period of seven days beginning with the day on which the request is received.”.

(5) For regulation 5, substitute —

“Publicity for verification number and petition period

5.   As soon as reasonably practicable after the publication of a verification number, the authority must publish in at least one newspaper circulating in its area a notice containing a statement —

(a) that the authority’s proper officer has published the number that is equal to 10% of the number of local government electors shown in the electoral register or registers having effect for the authority’s area on the date that —

(i) for the purposes of the first petition period, is the date of the coming into force of these Regulations; or

(ii) for the purposes of a subsequent petition period, is the verification date;

(b) of the number so published;

(c) that the number so published will have effect for the purposes of determining the validity of petitions presented to the authority during the first petition period or (as is appropriate) the petition period for that authority that will commence seven months after the verification date referred to in paragraph (a)(ii);

(d) of the date on which that petition period (be it the first petition period or a subsequent petition period) for the authority will —

(i) commence; and

(ii) end; and

(e) of the address of the authority’s principal office.”.

(6) For regulation 9(1)(c), substitute —

“(c) it is presented to the authority to which it is addressed on a day that falls within a petition period for that authority.”.

(7) In regulation 9(5), for the words “12 months” there is substituted “6 months”.

(8) In regulation 14(1), after “within the notice period” insert “and, if possible, where that petition satisfies the requirements of regulation 9(1)(c), within that petition period,”.

(9) In regulation 14(3), after “In a case to which paragraph (1) applies”, insert “and subject to paragraph (3A)”.

(10) After regulation 14(3) insert —

“(3A) Where a petition in relation to which a notice is to be published in accordance with paragraph (3) satisfies the requirements of regulation 9(1)(c) the authority must, if possible, publish that notice within that petition period and within the notice period.”.

(11) In regulation 16(1), after “Subject to paragraphs” insert “(1A),”.

(12) After regulation 16(1) insert —

“(1A) Where —

(a) an authority’s petition period commences (by virtue of regulation 3A(5)) on the date that is twelve months before the earliest date on which that authority may hold a second (or subsequent) referendum; and

(b) a valid petition is presented to that authority within that petition period,

that authority must hold a referendum on the earliest date on which it may lawfully hold a second (or subsequent) referendum.”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4)

D. Elis-Thomas

The Presiding Officer of the National Assembly

25th February 2003

Explanatory Note

(This note is not part of the Regulations)

Under Part II of the Local Government Act 2000 (“the Act”), every county and county borough council in Wales (“authority”) is able to make arrangements for the discharge of its functions by executives which must take one of the forms specified in sections 11(2) to (4) of the Act or in regulations under section 11(5). In addition to a form of executive prescribed in regulations under section 11(5) of the Act which is expressed in those regulations to be a form of executive for which a referendum is required, the forms of executive specified in sections 11(2) and 11(4) are forms of executive for which a referendum is required.

Section 34 of the Act empowers the National Assembly for Wales (“the Assembly”) to make regulations for or in connection with requiring an authority which receives a petition (which complies with the provisions of such regulations) to hold a referendum on whether that authority should operate executive arrangements involving a form of executive for which a referendum is required.

Section 45(1) of the Act provides that an authority may not hold more than one referendum in any period of five years (“five year moratorium”).

The Assembly has made regulations under section 34 of the Act (the Local Authorities (Referendums) (Petitions and Directions) (Wales) Regulations 2001 (“the 2001 Regulations”)). These Regulations amend the 2001 Regulations.

In particular, these Regulations limit the periods of time in which the local government electorate for an authority’s area may present petitions seeking a referendum to their authority. A new regulation 3A is inserted into the 2001 Regulations which provides that the local government electorate for an authority’s area may present petitions seeking a referendum to their authority during a petition period. The duration of a petition period is six months. The first petition period will commence twelve months before the date on which the 2004 ordinary local government elections are to be held. Subject to the exceptions set out at new regulations 3A(5) to (8), subsequent petition periods for an authority will occur once every four years, with each petition period commencing twelve months before the date of the next ordinary local government elections.

The exceptions referred to at new regulations 3A(5) to (8) apply where an authority has held a referendum whether in pursuance of a petition, an Assembly direction issued under Part III of the 2001 Regulations, or an order made by the Assembly under section 36 of the Act and, as a result, a five year moratorium has commenced. New regulation 3A(5) provides that if part or the whole of an authority’s petition period is due to commence within a five year moratorium period, that petition period will in fact commence on the date during that five year moratorium period which is twelve months before the earliest date on which a second (or subsequent) referendum may lawfully be held in that authority’s area. New regulation 3A(6) provides that if no petitions are received by an authority during a petition period determined in accordance with regulation 3A(5), the next petition period for that authority will be due to commence twelve months before the next ordinary local government elections. Under new regulation 3A(7) no part of two petition periods for a particular authority may occur within the same year.

The 2001 Regulations are also amended such that a petition presented to an authority will only be valid if (among other things) that petition is presented to that authority within a petition period.

In addition, these Regulations amend regulation 9(5) of the 2001 Regulations such that any signature on a petition presented to an authority which bears a date earlier than 6 months before the petition date (a term defined in regulation 3 of the 2001 Regulations and amended by these Regulations) must be disregarded in determining whether the petition is signed by not less than 10% of the number of local government electors for that authority’s area (“the verification number”).

Regulation 4 of the 2001 Regulations is also amended in that, other than for the purposes of the first petition period, the proper officer of an authority must publish the verification number within a period of 14 days beginning with the date that is 7 months prior to the commencement of a petition period for that authority.

(1)

2000 c. 22.

(2)

S.I. 2001/2292 (W.180).

(3)

See section 13(5) of the Representation of the People Act 1983 (c. 2) substituted by the Representation of the People Act 2000 (c. 2), Schedule 1, paragraph 6 as to the period for which registers have effect.

(4)

1998 c. 38.