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

Explanatory Note

(This note does not form 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 section 11(2) to (4) of the Act or in regulations under section 11(5).

Where an authority’s proposals for an executive under section 25 of the Act involve an elected mayor, they are required by section 27 to hold a referendum before taking steps to implement the proposals.

These Regulations provide for circumstances in which an authority must hold a referendum other than where required to do so under section 27 of the Act.

These Regulations make provision in connection with the holding of a referendum where at least 10 per cent of the local government electors in an authority’s area petition the authority for the holding of a referendum on the question of whether the authority should operate executive arrangements which involve an elected mayor. They also enable the National Assembly for Wales, in specified circumstances, to require an authority to hold a referendum on proposals involving any form of executive specified in section 11(2) to (4) of the Act or prescribed in regulations under section 11(5).

Part II of the Regulations deals with petitions for referendums. Regulations 4 and 5 are relevant to the number that is to be used for the purposes of determining whether a petition has the support of at least 10 per cent of the authority’s electorate (the “verification number”).

The verification number is ascertained annually by reference to the number of electors whose names appear on the electoral register or registers. There are special provisions in relation to petitions submitted between the date of publication of a verification number and 1st April in the year of publication.

Regulation 4 requires an officer appointed for the purpose by the authority to publish the verification number, and enables that person to obtain relevant information from electoral registration officers. The first verification number must be published not later than four weeks after the coming into force of these Regulations and, in subsequent years, within 14 days of 15th February in each year.

Regulation 5 requires the authority to give public notice of the verification number and of the period in relation to which, subject to the special provisions, it is to be used for determining the validity of petitions.

Regulation 6(1) requires an authority to hold a referendum in accordance with Part II of the Regulations if the officer appointed by them for the purpose of verifying petitions is satisfied that a petition received by them is valid. This is subject to exceptions provided for by regulations 7, 8 and 19. The authority is not required to hold such a referendum where that officer is not satisfied as to the validity of a petition. Regulation 6(2) makes provision as to the delivery of petitions.

Regulation 7 makes special provision where a petition (“post-announcement petition”) is received after an authority has given notice of its intention to hold a referendum on proposals that include an elected mayor. In these circumstances, the National Assembly for Wales and the organiser of the post-announcement petition are to be notified of the receipt of the post-announcement petition, and of the fact that no further action is intended to be taken in relation to it. The post-announcement petition organiser must also be notified of the date by which such a person may request the National Assembly for Wales' intervention under regulation 18. Further special provision is made where a petition is received after a direction has been given under regulation 18.

Regulation 8 provides for the amalgamation of petitions. Petitions may be amalgamated both by petition organisers before presentation of the petitions to the authority, and by the authority’s proper officer after the authority have received the petitions. Petitions may not be amalgamated once the verification number has been reached. Petitions that do not propose the same constitutional change (defined in regulation 8(8)), may not be amalgamated without the agreement of the petition organiser for each of the constituent petitions. Where a petition that specifies a form of executive is amalgamated with a petition in which the form of executive is not specified, the amalgamated petition is to be treated for other purposes of the Regulations as proposing an unspecified form of executive.

Regulations 9 and 10 deal with the validity and content of petitions. A petition must be signed by at least the same number of local government electors for the authority’s area as the verification number. A petition is to be treated as valid, notwithstanding a failure to comply with the requirements of regulation 10, so long as the constitutional change in relation to which the referendum is sought can be ascertained. The nature of the constitutional change should be specified in the terms set out in Schedule 1 to the Regulations or in similar terms. Regulation 10 also provides for the identification of the “petition organiser”. Where petitions are amalgamated before submission to the authority, the petition organiser in relation to the amalgamated petition is to be determined by the organisers of the constituent petitions.

Regulation 11 provides for the petition organiser to be notified of the “petition date” (defined in regulation 3). The petition organiser and the National Assembly for Wales have to be notified where a second (or subsequent) petition cannot be amalgamated with an earlier petition for a reason other than the invalidity of the earlier petition. The petition organiser of a petition which the authority’s officer has declined to amalgamate may request the National Assembly for Wales' intervention under regulation 18.

Regulation 12 requires the authority to make petitions available for public inspection.

Regulation 13 specifies the steps that must be taken when the authority’s officer has determined that a petition is valid.

Regulation 14 specifies, in particular, the steps that must be taken when the authority’s officer has determined that a petition is not valid.

Regulation 15 imposes restrictions on the steps that may be taken, and the expenditure that may be incurred, by an authority in connection with petitions.

Subject to certain exceptions, regulation 16 requires the holding of a referendum, following a valid petition, within six months of the petition date or within two months of the coming into force of regulations under section 45 of the Act (relating to the conduct of referendums), whichever is the later.

Regulation 17 requires the authority to draw up and consult on proposals for executive arrangements which include an elected mayor before a referendum is held. The authority must also draw up and consult on an outline of the fall-back proposals that the authority intends to implement if the proposals in the referendum are rejected. In drawing up proposals, an authority is required to have regard to any guidance that may have been issued under section 38 of the Act.

Regulation 18, in Part III, to which Schedule 2 is relevant, prescribes the circumstances in which the National Assembly for Wales may direct an authority to hold a referendum and specifies the matters that may be included in the National Assembly for Wales' direction.

Regulation 19 specifies the steps to be taken by an authority on receipt of the National Assembly for Wales' direction. Paragraph (2) of that regulation suspends the effect of the direction where an authority have received their first petition under Part II of the Regulations but have not satisfied themselves as to its validity. If the petition is valid, the authority are required by paragraph (3) to hold a referendum on the form of executive proposed by the petition, and the direction is of no effect. If the petition is invalid, the direction takes effect and the authority are required to hold a referendum in accordance with the terms of the direction. Special provision is made where a petition is received after a direction has been given under regulation 18.

Regulation 20 contains provisions about the contents of the proposals that are to be drawn up by the authority. It also deals with consultation.

Subject to certain exceptions, regulation 21 specifies that a referendum required by a direction from the National Assembly for Wales under regulation 18 shall be held within six months of the date of that direction.

Regulation 22 specifies arrangements for publicising referendums held at the direction of the National Assembly and contains restrictions on the publication by the authority of other information about the direction and its consequences.

Part IV deals with actions to be taken after the holding of a referendum under Part II or in consequence of a direction under Part III.

Where the result of a referendum is to approve the referendum proposals, regulation 23 requires the authority to implement those proposals in accordance with the timetable included in the proposals under regulation 17(3)(a) or regulation 19(1)(c), as the case may be.

Where the result of a referendum is to reject the referendum proposals, regulation 24 requires the authority to draw up detailed fall-back proposals, unless they are already operating alternative arrangements or executive arrangements. Detailed fall-back proposals are to be sent to the National Assembly for Wales. They are to be implemented in accordance with the timetable previously submitted or, where they are based on outline fall-back proposals approved by the National Assembly for Wales under section 28, to a timetable that reflects the need to make regulations under section 11(5) or 32 (as the case may be).

If the authority is already operating executive arrangements or alternative arrangements, regulation 24 requires those arrangements to continue unless and until the authority is authorised or required to operate different arrangements.

Regulation 25 in Part V enables the National Assembly for Wales to take any action that an authority is permitted or required to take under any of Parts II to IV if the authority fail to take that action.