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The Local Authorities (Conduct of Referendums)(England) Regulations 2012

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This is the original version (as it was originally made).

Result of referendum or further referendum

This section has no associated Explanatory Memorandum

14.—(1) This regulation is subject to regulations 16 and 17.

(2) If the majority of the votes cast in a referendum other than a further referendum are in favour of the authority operating arrangements which differ from its existing arrangements, the result of the referendum is—

(a)for the purposes of section 9MB(3), to approve the authority’s proposals under section 9MA;

(b)for the purposes of regulation 18 (action where referendum proposals approved) of the Petitions Regulations, and in accordance with section 9MF(4), to approve the proposals drawn up under regulation 17(2) of the Petitions Regulations which were the subject of the referendum;

(c)for the purposes of an order made under section 9N, to require the authority to start to operate a mayor and cabinet executive;

(d)for the purposes of an order made under section 9ME, and in accordance with section 9MF(4), to require the authority to start to operate the form of governance that was the subject of the referendum held in consequence of the order.

(3) If the majority of the votes cast in a referendum other than a further referendum are in favour of the continuation of the authority’s existing arrangements, the result of the referendum is—

(a)for the purposes of section 9MB(3), to reject the authority’s proposals under section 9MA;

(b)for the purposes of regulation 19 (action where referendum proposals rejected) of the Petitions Regulations, and in accordance with section 9MF(5), to reject the proposals drawn up under regulation 17(2) of the Petitions Regulations which were the subject of the referendum;

(c)for the purposes of an order made under section 9N, to reject the proposal that the authority start to operate a mayor and cabinet executive;

(d)for the purposes of an order made under section 9ME, and in accordance with section 9MF(5), to reject the proposal that the authority start to operate the form of governance that was the subject of the referendum held in consequence of that order.

(4) If the majority of the votes cast in a further referendum are in favour of the authority continuing to operate a mayor and cabinet executive, the result of the referendum is to require the authority to continue to operate those arrangements.

(5) If the majority of the votes cast in a further referendum are in favour of the authority changing its governance arrangements to those it operated at the time of the tainted referendum, the result of the referendum is to require the authority to implement those arrangements.

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