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Regulation 16 Timing of referendum in consequence of valid petitionC1

England and Wales

(1)

Subject to F1paragraphs (2), (2A) and (3), a referendum in consequence of a valid petition shall be held no later than the end of the next ordinary day of election after the petition date.

(2)

F2Subject to paragraph (2A), paragraph (1) shall not apply where—

(a)

the petition date falls 4 months or less before the next ordinary day of election; or

(b)

the next ordinary day of election falls within the period of six months beginning with the date that is six months before the earliest date on which a second (or subsequent) referendum may lawfully be held in the area of the authority to whom the petition is addressed,

and, in such a case, a referendum in consequence of a valid petition shall be held no later than the end of the period of six months beginning with the petition date.

F3(2A)

Where the petition date for a valid petition falls within the period beginning with 16th July 2025 and ending with the day before the ordinary day of election in 2026—

(a)

paragraphs (1) and (2) shall not apply, and

(b)

a referendum in consequence of that valid petition shall be held no later than the end of the period of six months beginning with the ordinary day of election in 2026.

(3)

Paragraph (1) shall not apply where the Secretary of State holds a referendum in exercise of the power conferred by regulation 20.

(4)

A referendum under this Part may not be held on—

(a)

a Saturday or Sunday;

(b)

Christmas Eve, Christmas Day, Maundy Thursday, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 M1 in England; or

(c)

any day appointed as a day of public thanksgiving or mourning.

Annotations

Textual amendments

F1

Words in reg. 16(1) substituted (16.7.2025) by The Local Authorities (Referendums and Election of Mayors) (England) (Amendment) Regulations 2025 (S.I. 2025/746), regs. 1(2), 2(a)

F2

Words in reg. 16(2) substituted (16.7.2025) by The Local Authorities (Referendums and Election of Mayors) (England) (Amendment) Regulations 2025 (S.I. 2025/746), regs. 1(2), 2(b)

F3

Reg. 16(2A) inserted (16.7.2025) by The Local Authorities (Referendums and Election of Mayors) (England) (Amendment) Regulations 2025 (S.I. 2025/746), regs. 1(2), 2(c)

Marginal citations

M1

1971 c.80.

Modifications

C1

Reg. 16 modified (7.4.2020) by The Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020 (S.I. 2020/395), regs. 1, 12(2)(4)(5)