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

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Publicity and other information in connection with referendums

4.—(1) The proper officer shall, as soon as reasonably practicable after the proposals date, publish, in at least one newspaper circulating in the local authority’s area, a notice which contains —

(a)a statement that, as the case may be —

(i)proposals under regulation 17(3) or 19(1) of the Petitions and Directions Regulations, or

(ii)proposals under an order under section 36,

have been sent to the National Assembly;

(b)a description of the main features of the proposals and of the outline fall-back proposals;

(c)a statement —

(i)that a referendum will be held,

(ii)of the date on which the referendum will be held,

(iii)of the question to be asked in the referendum,

(iv)where the local authority have made a determination under regulation 10(1), that the votes in the referendum may be cast only by postal ballot,

(v)where no such determination has been made, that save for extended hours of polling the referendum will be conducted in accordance with procedures similar to those used at local government elections,

(vi)of the referendum expenses limit (as defined in regulation 6(1)) that will apply in relation to the referendum, and of the number of local government electors by reference to which that limit has been calculated,

(vii)of the address and times at which a copy of the proposals, and of the local authority’s outline fall-back proposals, may be inspected, and

(viii)of the procedures for obtaining a copy of the proposals and outline fall-back proposals.

(2) Unless the notice required to be published by paragraph (1) (“the first notice”) is published less than 56 days before the date of the referendum, the proper officer shall publish a second notice containing the particulars specified in paragraphs (i) to (viii) of sub-paragraph (c) of paragraph (1).

(3) The second notice shall be published —

(a)in the same newspaper or newspapers as were used for the publication of the first notice, and

(b)not more than 55 days before the date of the referendum and not less than 28 days before that date.

(4) The local authority shall make available for inspection throughout the referendum period, at the address and times stated in the notice, and free of charge, a copy of the proposals and outline fall-back proposals, and shall secure that sufficient copies are available for persons who wish to obtain copies.

(5) The authority may provide (whether or not in pursuance of any duty to do so) any other factual information relating to the proposals, the outline fall-back proposals and the referendum so far as it is presented fairly.

(6) In determining for the purposes of paragraph (5) whether any information is presented fairly, regard shall, in accordance with section 38, be had to any guidance for the time being issued by the National Assembly under section 38.

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