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Section 52ZN Arrangements for referendumF1

(1)

A billing authority that is notified under section 52ZK or 52ZM above must make arrangements to hold a referendum in relation to the precepting authority's relevant basic amount of council tax for the financial year in accordance with this section.

(2)

Where the referendum is one of two or more referendums required to be held in respect of the same calculation, it is to be held on—

(a)

the first Thursday in May in the financial year, or

(b)

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

(3)

Otherwise the referendum is to be held on a date decided by the billing authority; but this is subject to subsection (4) below.

(4)

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.

(5)

An order under subsection (2) or (4) 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.

(6)

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 that falls wholly or partly within the precepting authority's area, and

(b)

are registered in the register of local government electors at an address that is within both—

(i)

the precepting authority's area, and

(ii)

the billing authority's area.

C1C2C3(7)

Subject to subsection (8) below, the billing authority may recover from the precepting authority the expenses that are incurred by the billing authority in connection with the referendum.

(8)

The Secretary of State may by regulations make provision for cases in which—

(a)

subsection (7) above does not apply, or

(b)

that subsection applies with modifications.

(9)

In this section—

  • “electoral area” means—

    1. (a)

      in relation to a district council, a London borough council or the Common Council of the City of London, a ward;

    2. (b)

      in relation to a county council, an electoral division;

    3. (c)

      in relation to 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.

(10)

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))

Modifications

C1

S. 52ZN(7) applied (with modifications) (E.) (16.3.2012) by The Local Authority (Referendums Relating to Council Tax Increases) Regulations 2012 (S.I. 2012/460), regs. 1(1)(b), 4(4) (with reg. 4(1))

C2

S. 52ZN(7) excluded (E.) (16.3.2012) by The Local Authority (Referendums Relating to Council Tax Increases) Regulations 2012 (S.I. 2012/460), regs. 1(1)(b), 6(2) (with reg. 6(1))

C3

S. 52ZN(7) excluded (E.) (16.3.2012) by The Local Authority (Referendums Relating to Council Tax Increases) Regulations 2012 (S.I. 2012/460), regs. 1(1)(b), 4(2) (with reg. 4(1))

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)