Regional Assembly (Preparations) Act 2003

Regional Assembly (Preparations) Act 2003

2003 CHAPTER 10

Commentary on Sections

Part 1: Referendums

Section 1: Assembly referendums

21. Section 1 gives the Secretary of State the power to order a referendum to be held in a region on the establishment of a regional assembly there. Such an order must specify the date of the referendum.

22. Two preconditions need to be satisfied before the Secretary of State can make an order for the holding of an assembly referendum. The first precondition is that he must consider the level of interest in the region in holding such a referendum (subsection (4)). However, subsection (6) means that the Secretary of State does not, in fact, need to consider the level of interest in subsection (4) if certain requirements are met. These are, first, that the order is made within two years of a direction to the Boundary Committee to conduct a local government review of the region concerned (prior to which he will have already considered the level of interest in the holding of an assembly referendum). Secondly, that, before making the order, he has no cause to think that the level of interest in holding a referendum in the region has changed materially since giving the direction.

23. What constitutes a material change is defined in subsection (7). In effect, the Secretary of State is required to cast himself back to the time when he gave a direction to the Boundary Committee in relation to the region. He must then ask himself whether he would have given that direction if the level of interest which he thinks exists now (when he is considering making an order for the holding of an assembly referendum) had been the same when he gave the direction.

24. If the conditions in subsection (6) are not satisfied the Secretary of State has to consider the level of interest. In this connection subsection (8) requires him to consider views expressed, information provided to him, and any published material he thinks appropriate.

25. The second precondition to the making of an order for a referendum is that the Boundary Committee have made recommendations arising out of their review of the local government structure of the region (subsection (5)).