Section 45: Provisions with respect to referendums., Local Government Act 2000

A local authority may not hold more than one referendum in any period of five years.

If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals in accordance with any provision made by the regulations or order.

If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals but must instead comply with any provision made by the regulations or order.

The persons entitled to vote in a referendum held by a local authority are those who on the day of the referendum—

would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the authority's area, and

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

The Welsh Ministers may by regulations make provision as to the conduct of referendums.

The Welsh Ministers may by regulations make provision for the combination of polls at referendums with polls at any elections.

Regulations under subsection (5) or (6) may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.

The provision which may be made under subsection (5) includes, in particular, provision—

as to the question to be asked in a referendum,

as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum),

about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure),

as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum,

as to when, where and how voting in a referendum is to take place,

as to how the votes cast in a referendum are to be counted, and

for disregarding alterations in a register of electors.

Before making any regulations under this section, the Welsh Ministers shall consult the Electoral Commission, but this subsection does not apply to—

provisions which specify the wording of the question to be asked in a referendum, or

provisions for matters mentioned in subsection (8)(c).

No regulations which specify the wording of the question to be asked in a referendum may be made under subsection (5) unless—

before laying a draft of the regulations before the National Assembly for Wales, the Welsh Ministers consulted the Electoral Commission as to the intelligibility of that question, and

when so laying the draft, the Welsh Ministers also laid before the National Assembly for Wales a report stating any views as to the intelligibility of that question which were expressed by the Electoral Commission in response to that consultation.

Where any such regulations specify not only the question to be asked in a referendum but also any statement which is to precede that question on the ballot paper at the referendum, any reference in subsection (8B) to the intelligibility of that question is to be read as a reference to the intelligibility of that question and that statement taken together.

No regulations which make provision for the matters mentioned in subsection (8)(c) may be made under subsection (5) unless—

before laying a draft of the regulations before the National Assembly for Wales, the Welsh Ministers sought, and had regard to, the views of the Electoral Commission as to the provision to be made by the regulations as to those matters, and

where the draft regulations laid before the National Assembly for Wales made provision as to those matters otherwise than in accordance with the views of the Electoral Commission, the Welsh Ministers, when so laying the draft, also laid before the Assembly a statement of their reasons for departing from the views of the Commission.

In subsections (1), (4) to (6) and (8) to (8C)"referendum" means a referendum held under section 27 ... or by virtue of regulations or an order made under any provision of this Part or under section 40 of the Local Government (Wales) Measure 2011.

Section 45: Provisions with respect to referendums.

Discussed in

About this text