Regional Assembly (Preparations) Act 2003

Regional Assembly (Preparations) Act 2003

2003 CHAPTER 10

Commentary on Sections

Part 1: Referendums

Section 2: Local government referendums

26. Where the Secretary of State makes an order causing an assembly referendum to be held, subsection (2) of section 2 requires him to make an order causing a referendum to be held in each county area in the region about the Government’s proposals for the structure of local government in that area. That is to say, he must also hold local government referendums in the region.

27. Subsection (5) provides that the options to be put to the voters in each county area are such of the recommendations for structural change of the Boundary Committee as the Secretary of State thinks appropriate (subject to any modifications that he makes to those recommendations). There must be at least two options for structural change for each county area in the region.

28. “County area” is defined in subsection (3) as the area of an existing county council where there are both county and district councils. But if one or more of the options for structural change is for a unitary authority with an area crossing the county boundary, the “county area” is the combined areas of the county councils in question (subsection (4)).

29. Subsection (6) means that a local government referendum under subsection (2) must be held on the same day as the assembly referendum for the region.

30. Subsection (7) prevents the Secretary of State from making an order for the holding of a local government referendum until six weeks after he has received the recommendations of the Boundary Committee.

31. Subsection (8) gives the Secretary of State a power to vary (subject to Parliamentary approval) an order for a local government referendum. This permits, for example, minor corrections to the description of the options for a county area.

32. But the Secretary of State cannot revoke an order for a local government referendum unless he also revokes the order for the assembly referendum (in which event he is obliged to revoke the order for a local government referendum). This prevents him from cancelling the local government referendum(s) while proceeding with the assembly one.

33. Subsection (9) provides a Minister of the Crown with a wide power to make provision, by order, in connection with local government referendums. For instance, this allows provision to be made regulating the conduct of such referendums; requiring the Electoral Commission to report on how they are administered; and prescribing rules about the publication of information relating to them. The power in subsection (9) includes power to apply any enactment relating to elections or referendums, to modify provisions made under the PPER Act in relation to an assembly referendum and to provide for the creation of offences.