# The Local Authorities (Conduct of Referendums) (England) Regulations 2001, Regulation 21: Determination of referendum petitions, and subsequent procedures


(1) Where an election court certifies, as its determination of a referendum petition, that the result of the referendum declared under regulation 18 is or, as the case may be, is not in accordance with the votes cast, any reference (in whatever terms) in the timetable—
(a) included in the authority’s proposals under section 25;
(b) included in their proposals under regulation 17(3)(a) or 19(1)(c) of the Petitions and Directions Regulations;
(c) prepared pursuant to section 27(4), regulation 17(7)(a)(ii), or 20(3)(a)(iii) of those Regulations; or
(d) prepared pursuant to any other regulations or an order made under any provision of Part II (arrangements with respect to executives etc.) of the 2000 Act,
to the date of the result of the referendum shall be construed as a reference to the date on which the election court certifies its determination.
(2) Where an election court certifies, as its determination of a referendum petition specifying any of the grounds mentioned in regulation 19(1)(b) to (d), that the referendum was avoided, the authority concerned shall, not earlier than two months, and not later than three months, after the election court has certified its determination in the matter of the referendum petition, hold another referendum.
(3) On the substantive hearing of a referendum petition for which leave has been granted where the circumstances are as mentioned in regulation 20(4)(a) and (b), the election court shall either—
(a) dismiss the petition; or
(b) allow the petition,
and, where the court allows the petition, it shall declare the referendum to be tainted, and order that a further referendum be held.
(4) Where an election court makes such an order as is mentioned in paragraph (3), subject to regulation 14(1), the authority shall hold the further referendum as soon as reasonably practicable after the expiration of the period of five years beginning with the date on which the tainted referendum was held.
(5) If the majority of the votes cast in a further referendum are “yes” votes—
(a) where the authority are operating executive arrangements, they shall continue to operate those arrangements unless and until they are authorised or required to operate different executive arrangements or authorised to operate alternative arrangements in place of their existing executive arrangements; and
(b) where the authority are operating alternative arrangements, they shall continue to operate those arrangements unless and until they are authorised to operate different alternative arrangements or authorised or required to operate executive arrangements in place of their existing alternative arrangements.
(6) If the majority of the votes cast in the further referendum are “no” votes, the authority shall implement the proposals that were their outline fall-back proposals at the time of the tainted referendum; and, subject to paragraphs (7) and (8), subsection (13) of section 27 (referendum in case of proposals involving elected mayor) shall apply to the implementation of detailed fall-back proposals as if those outline fall-back proposals were outline fall-back proposals in the event that proposals under section 25 (proposals) are rejected in a referendum under section 27.
(7) Where the authority’s outline fall-back proposals are the executive or alternative arrangements which they were operating at the date of the tainted referendum, subsection (13) of section 27 shall apply (as mentioned in paragraph (6)) as if, for “in accordance with the timetable mentioned in subsection (4)”, there were substituted “as soon as reasonably practicable”.
(8) Where the authority’s outline fall-back proposals are executive arrangements which involve a form of executive for which a referendum is not required—
(a) subsection (1) of section 29 (operation of, and publicity for, executive arrangements) shall apply for the purpose of enabling the authority to operate the executive arrangements set out in their detailed fall-back proposals as it applies for the purpose of enabling an authority to operate executive arrangements in other circumstances; and
(b) subsection (2) of that section shall apply as if, in paragraph (b), for sub-paragraph (i), there were substituted “(i) states that, in consequence of the rejection in a further referendum of the authority’s existing executive arrangements, the authority have resolved to operate the different executive arrangements that were described in their outline fall-back proposals at the time of the referendum,”.
(9) These Regulations, except where the context otherwise requires, shall apply (so far as relevant), to the conduct of the further referendum as they apply to the conduct of any other referendum, subject to—
(a) in regulation 4—
(i) in paragraph (1), the omission of sub-paragraph (a);
(ii) in sub-paragraph (b) of that paragraph, the substitution, for “the proposals”, of “the authority’s existing executive arrangements”;
(iii) in paragraph (viii) of sub-paragraph (c), the substitution, for “a copy of the proposals”, of “a document in which are set out the main features of the authority’s existing executive arrangements”;
(iv) in paragraph (ix) of that sub-paragraph, the substitution, for “the proposals and”, of “that document and those”;
(v) after paragraph (x) of that sub-paragraph the insertion of the following paragraph—
“(xi) if it be the case, that the referendum is being held in consequence of the determination of an election court that the referendum last held in the authority’s area was void or, as the case may be, declared to be tainted by reason of a payment of money or other reward made or promised since the referendum in pursuance of a corrupt or illegal practice.”;
(vi) in paragraph (6), the substitution, for “a copy of their proposals”, of “a document in which are set out the main features of the authority’s current executive arrangements”; and
(vii) in paragraph (7), the substitution, for “the proposals”, of “the main features of the authority’s current executive arrangements”; and
(b) in paragraphs 1 and 2 of Part I of Schedule 1, and in Forms A and B in Part II of that Schedule—
(i) the omission of “the proposal for”; and
(ii) the substitution, for “to be run in a new way”, of “continuing to be run in a way”.
(10) On the substantive hearing of a referendum petition for which leave has been granted where the circumstances are as mentioned in any paragraph of regulation 20 other than paragraph (4), the election court shall either—
(a) dismiss the petition; or
(b) allow the petition,
and, where the court allows the petition, it shall declare the referendum avoided.

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Source: https://www.legislation.gov.uk/uksi/2001/1298/regulation/21 (the official version)
Page: https://openlegislation.uk/local-authorities-conduct-of-referendums-england-regulations-2001/regulation-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.