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The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004

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Immediate consequences of referendum petitions

16.—(1) Where a referendum petition is presented on any of the grounds specified in sub-paragraphs (a) to (c) of paragraph (1) of regulation 15, or leave is granted for the presentation of a referendum petition —

(a)in relation to a referendum —

(i)at which the statement and the question asked was in the form set out in paragraph 3 of Part I of Schedule 1; and

(ii)in which the majority of the votes cast are “yes” votes; and

(b)before the local authority have passed a resolution under section 29,

the local authority shall take no further steps in consequence of the referendum until the election court has certified its determination in the matter of the referendum petition.

(2) Where a referendum petition is presented on any of the grounds specified in sub-paragraphs (a) to (c) of paragraph (1) of regulation 15, or leave is granted for the presentation of a referendum petition —

(a)in relation to a referendum —

(i)at which the statement and the question asked was in the form set out in paragraph 3 of Part I of Schedule 1; and

(ii)in which the majority of the votes cast are “yes” votes; and

(b)after the local authority have passed a resolution under section 29,

the local authority shall continue to operate the executive arrangements that are the subject of that resolution.

(3) Where a referendum petition is presented on any of the grounds specified in sub-paragraphs (a) to (c) of paragraph (1) of regulation 15, or leave is granted for the presentation of a referendum petition —

(a)in relation to a referendum —

(i)at which the statement and the question asked was in the form set out in paragraph 1 or 2 of Part I of Schedule 1; and

(ii)in which the majority of the votes cast are “yes” votes; and

(b)without an election for the return of an elected mayor having taken place in consequence of the referendum,

the local authority shall take no further steps in consequence of the referendum until the election court has certified its determination in the matter of the referendum petition.

(4) Where leave is granted for the presentation of a referendum petition —

(a)in relation to a referendum —

(i)at which the statement and the question asked was in the form set out in paragraph 1 or 2 of Part I of Schedule 1; and

(ii)in which the majority of the votes cast are “yes” votes; and

(b)after an election for the return of an elected mayor has taken place in consequence of the referendum,

the elected mayor shall continue in office.

(5) Where —

(a)a referendum petition is presented on any of the grounds specified in sub-paragraphs (a) to (c) of paragraph (1) of regulation 15, or leave is granted for the presentation of a referendum petition in relation to a referendum in which the majority of the votes cast are “no” votes; and

(b)the local authority’s outline fall-back proposals are based on the executive or alternative arrangements which they were operating at the date of the referendum,

they shall continue to operate those arrangements.

(6) Except in a case to which paragraph (5) applies, where a referendum petition is presented on any of the grounds specified in sub-paragraphs (a) to (c) of paragraph (1) of regulation 15, or leave is granted for the presentation of a referendum petition —

(a)in relation to a referendum in which the majority of the votes cast are “no” votes; and

(b)before the local authority have passed a resolution under section 29 (operation of, and publicity for, executive arrangements) or section 33 (operation of alternative arrangements),

the local authority shall take no further steps in consequence of the referendum until the election court has certified its determination in the matter of the referendum petition.

(7) Where a referendum petition is presented on any of the grounds specified in sub-paragraphs (a) to (c) of paragraph (1) of regulation 15, or leave is granted for the presentation of a referendum petition —

(a)in relation to a referendum in which the majority of the votes cast are “no” votes; and

(b)after the local authority have passed a resolution under section 29 or section 33,

the local authority shall continue to operate the executive arrangements or, as the case may be, the alternative arrangements that are the subject of that resolution.

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