Part IE+W Council Tax: England and Wales

Modifications etc. (not altering text)

C2Pt. I (ss. 1-69) modified (31.3.1992) by S.I. 1992/549, art.3.

C3Pt. I (ss. 1-69) modified (31.3.1992) by S.I. 1992/550, arts. 3, 4

Pt. I (ss. 1-69) modified (28.11.1994) by S.I. 1994/2825, reg. 3

[F1CHAPTER IVZAE+WReferendums relating to council tax increases

Textual Amendments

F1Pt. 1 Ch. 4ZA inserted (3.12.2011) by Localism Act 2011 (c. 20), ss. 72(1), 240(2), Sch. 5; S.I. 2011/2896, art. 2(g) (with art. 3(1)(2))

Modifications etc. (not altering text)

C7Pt. 1 Chs. 4, 4ZA: power to modify conferred by 2009 c. 20, s. 107G(3) (as inserted (E.W.) (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 5(3), 25(2))

C8Pt. 1 Chs. 4, 4ZA applied (with modifications) (27.4.2017) by The Combined Authorities (Finance) Order 2017 (S.I. 2017/611), arts. 1, 4(1)(2)(a), Sch. (as amended (17.5.2024) by S.I. 2024/652, regs. 1(1), 3(a)(b))

C9Pt. 1 Ch. 4ZA: power to amend conferred (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 41(3), 255(2)(c) (with s. 247)

Regulations about referendumsE+W

52ZQRegulations about referendumsE+W

(1)The Secretary of State F2... may by regulations make provision as to the conduct of referendums under this Chapter.

(2)The Secretary of State F3... may by regulations make provision for—

(a)the combination of polls at two or more referendums under this Chapter;

(b)the combination of polls at referendums under this Chapter with polls at any elections or any referendums held otherwise than under this Chapter.

(3)Regulations under this section may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.

(4)The provision which may be made under this section includes, in particular, provision—

(a)as to the question to be asked in a referendum;

(b)as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum and its result);

(c)about the limitation of expenditure in connection with a referendum;

(d)as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum (including provision modifying the effect of section 2 (prohibition of political publicity) of the Local Government Act 1986);

(e)as to when, where and how voting in a referendum is to take place;

(f)as to how the votes cast in a referendum are to be counted;

(g)for disregarding alterations in a register of electors;

(h)for the questioning of the result of a referendum by a court or tribunal.

(5)But where the regulations apply or incorporate (with or without modifications) any provision that creates an offence, the regulations may not impose a penalty greater than is provided for in respect of that offence.

(6)Before making any regulations under this section, the Secretary of State F4... must consult the Electoral Commission.

(7)No regulations under this section are to be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.

(8)In this section “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).]

Textual Amendments

Modifications etc. (not altering text)

C10S. 52ZQ functions made exercisable concurrently (6.11.2013) by The Transfer of Functions (Elections and Referendums) Order 2013 (S.I. 2013/2597), arts. 1(2), 2(b) (with art. 3)