Explanatory note

These Regulations amend the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000 (“the principal Regulations”), which relate to referendums as to the form of executive that should be adopted by local authorities under executive arrangements under the Local Government Act 2000 (“the 2000 Act”), where such referendums are required to be held following receipt of a valid petition, or by direction of the Secretary of State.

The amendment made by regulation 3 substitutes the definition of “constitutional change” that is to be used for the interpretation of Part II (petitions and referendums) of the principal Regulations. That term is relevant for the purposes of regulations 8 to 10, 13 and 14 of the principal Regulations.

The effect of the amendments made by regulation 4(1) is to provide that the number published in 2001, in accordance with regulation 4(2) of the principal Regulations, has effect for the period of 12 months beginning on 1st April 2001. Regulation 4(2)(a) secures that, on 1st January 2002, the provisions set out in the Schedule replace regulation 4. Those provisions have broadly the same effect, but are based on the “rolling” register of local government electors for which sections 13 to 13B of the Representation of the People Act 1983 (as substituted by paragraph 6 of Schedule 1 to the Representation of the People Act 2000) provide. Regulation 4(2)(c) makes consequential amendments to regulation 5 of the principal Regulations.

Paragraphs (3) to (5) of regulation 4 make transitional provision, the effect of which is that, unless the number published in 2002 in accordance with the substituted regulation 4 is lower than the number published in 2001 in accordance with the original regulation 4 (as amended by regulation 4(1) of these Regulations), the verification number in relation to petitions presented between 1st January 2002 and 1st April 2002 is the number published in 2001. If the number published in 2002 is lower, that lower number is the verification number in relation to petitions presented between the date of publication in 2002 and 1st April 2002.

Regulation 5 makes an amendment to regulation 5 of the principal Regulations consequential upon the “rolling” registers mentioned above.

The amendment made by regulation 6 secures that a petition presented to a local authority in a “moratorium period” (defined in regulation 3 of the principal Regulations) is not a valid petition.

The amendments to regulations 23 and 24, made by regulations 7 and 8 specify the consequences of approval and rejection of referendum proposals where the authority by which the referendum was held were already operating alternative arrangements (arrangements specified in regulations under section 32 of the 2000 Act) or executive arrangements that differ from those that were the subject of the referendum.

The amendments to Schedule 2 to the principal Regulations, made by regulation 9, specify additional circumstances in which the Secretary of State may direct a referendum to be held. The circumstances relate to regulations under section 30 (operation of different executive arrangements) and 33 (operation of alternative arrangements) of the 2000 Act.