Overview

This bill seeks to prevent the abolition of principal local authorities in England and Wales without the consent of their elected councillors and the approval of local residents via a referendum. It ensures that any such decision must be supported by a majority vote in both the council and a subsequent referendum.

Description

This bill mandates that a principal local authority in England and Wales cannot be abolished unless two conditions are met:

• A majority of the authority's elected councillors vote in favor of abolition.
• A local referendum is held, with more votes cast in support of abolition than against it.

Referendum Details

The bill outlines the process for holding these referendums, including:

• The date is decided by the principal local authority.
• Eligible voters are those registered in the local government register at an address within the authority's area and who would be entitled to vote in local elections.
• The Secretary of State can issue regulations detailing the conduct of the referendum, including the wording of the question, publicity surrounding the vote (including consequences), spending limits, and criminal offenses related to exceeding these limits. These regulations must be approved by both Houses of Parliament.
• The bill allows for judicial review of the referendum results.

The bill defines "principal local authority" as defined in the Local Democracy, Economic Development and Construction Act 2009. The bill applies to England and Wales and comes into effect upon passage.

Government Spending

The bill is not expected to significantly impact government spending. The cost will primarily involve the administration of any referendums held under the provisions of the bill, but no specific figures are provided in the bill text.

Groups Affected

The following groups may be affected:

• Local Councils/Principal Local Authorities: These authorities gain increased protection from abolition. They will have more control over their own future.
• Local Residents: Residents are given a direct say through the referendum on whether or not their local authority is abolished.
• Government: The government's ability to reorganize local government will be restricted.
• Electoral Commission: The Electoral Commission will be consulted on the regulations for the referendums.

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