OpenLegislation

Section 52ZG Arrangements for referendumF1

England and Wales

(1)

The billing authority must make arrangements to hold a referendum in relation to the authority's relevant basic amount of council tax for the financial year in accordance with this section.

(2)

Subject as follows, the referendum is to be held on a date decided by the billing authority.

(3)

That date must be not later than—

(a)

the first Thursday in May in the financial year, or

(b)

such other date in that year as the Secretary of State may specify by order.

(4)

An order under subsection (3) above must be made not later than—

(a)

1 February in the financial year preceding the year mentioned in paragraph (b) of that subsection, or

(b)

in the case of an order affecting more than one financial year, 1 February in the financial year preceding the first of those years.

(5)

The persons entitled to vote in the referendum are those who, on the day of the referendum—

(a)

would be entitled to vote as electors at an election for members for an electoral area of the billing authority, and

(b)

are registered in the register of local government electors at an address within the billing authority's area.

(F25A)

As soon as is reasonably practicable after determining that it is required to hold a referendum in relation to its relevant basic amount of council tax for the financial year, the billing authority must notify that fact in writing to any body that has issued a levy or a special levy to it for the financial year.

(6)

In this section—

  • “electoral area” means—

    1. (a)

      where the billing authority is a district council, a London borough council or the Common Council of the City of London, a ward;

    2. (b)

      where the billing authority is a county council, an electoral division;

    3. (c)

      where the billing authority is the Council of the Isles of Scilly, a parish;

  • “register of local government electors” means the register of local government electors kept in accordance with the provisions of the Representation of the People Acts.

(7)

This section is subject to regulations under section 52ZQ below.

Annotations

Textual amendments

F1

Pt. 1 Ch. 4ZA inserted (3.12.2011) by Localism Act 2011 (c. 20), ss. 72(1), 240(2), Sch. 5; S.I. 2011/2896, art. 2(g) (with art. 3(1)(2))

F2

S. 52ZG(5A) inserted (30.1.2014) by Local Audit and Accountability Act 2014 (c. 2), ss. 41(2), 49(3)

Notes on Part I

Modifications

C1

Pt. I (ss. 1-69) modified (6.3.1992) by Local Government Act 1992 (c. 19), s. 18(1)(a)(b).

C2

Pt. I (ss. 1-69) modified (31.3.1992) by S.I. 1992/549, art.3.

C3

Pt. I (ss. 1-69) modified (31.3.1992) by S.I. 1992/550, arts. 3, 4

Pt. I (ss. 1-69) modified (28.11.1994) by S.I. 1994/2825, reg. 3

C4

Pt. 1 modified (24.12.2008) by The Local Government (Structural Changes) (Finance) Regulations 2008 (S.I. 2008/3022), regs. 1(2), 8

C5

Pt. 1 modified (24.12.2008) by The Local Government (Structural Changes) (Finance) Regulations 2008 (S.I. 2008/3022), regs. 1(2), 7

Notes on Chapter IVZA

Modifications

C1

Pt. 1 Ch. 4ZA modified by S.I. 2008/3022, reg. 15A, Sch. 3 (as inserted (25.1.2012) by The Local Government (Structural Changes) (Finance) (Amendment) Regulations 2012 (S.I. 2012/20), regs. 1(2), 7, 11, Sch. 2) (as amended (2.1.2019) by The Local Government (Structural and Boundary Changes) (Amendment) Regulations 2018 (S.I. 2018/1296), regs. 1, 10, 12)

C2

Pt. 1 Chs. 4, 4ZA: power to modify conferred by 2009 c. 20, s. 107G(3) (as inserted (E.W.) (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 5(3), 25(2))

C3

Pt. 1 Chs. 4, 4ZA applied (with modifications) (27.4.2017) by The Combined Authorities (Finance) Order 2017 (S.I. 2017/611), arts. 1, 4(1)(2)(a), Sch. (as amended (17.5.2024) by S.I. 2024/652, regs. 1(1), 3(a)(b))

C4

Pt. 1 Ch. 4ZA: power to amend conferred (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 41(3), 255(2)(c) (with s. 247)