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The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008

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This is the original version (as it was originally made).

Publicity and other information in connection with referendums

4.—(1) The proper officer must, as soon as 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 section 25 involving a form of executive for which a referendum is required,

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

(iii)proposals under an order under section 36, or

(iv)proposals under regulations under section 30 or 33,

have been sent to the Welsh Ministers;

(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)that the referendum will be conducted in accordance with procedures similar to those used at local government elections,

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

(vi)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

(vii)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 fewer than 56 days before the date of the referendum, the proper officer must publish a second notice containing the particulars specified in paragraph (1)(c)(i) to (vii).

(3) The second notice is to be published—

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

(b)no more than 55 days and no less than 28 days before the date of the referendum.

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

(5) The local 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 or 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 is, in accordance with section 38, to be had to any guidance for the time being issued by the Welsh Ministers under section 38.

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