Overview

This bill aims to prevent the abolition of principal local authorities in England and Wales without the consent of their elected councillors and the approval of a local referendum. It mandates that both a majority of councillors and a majority of voters in a referendum must support abolition before it can proceed.

Description

This bill introduces significant changes to the process of abolishing principal local authorities (as defined in section 69(3) of the Local Democracy, Economic Development and Construction Act 2009). Key aspects include:

• Mandatory Referendum: Abolition is contingent on a successful local referendum where more votes favor abolition than oppose it.
• Councillors' Vote: A majority of elected councillors must also vote in favor of abolition before a referendum can take place.
• Referendum Details: The bill empowers the Secretary of State to create regulations covering aspects such as the wording of the referendum question, publicity, spending limits (including potential criminal offenses for exceeding limits), conduct of the authority during the process, voting procedures, vote counting, and mechanisms for challenging the result in court.
• Consultation and Approval: The Secretary of State must consult the Electoral Commission before issuing regulations, and any regulations must be approved by both Houses of Parliament.
• Eligibility to Vote: Only those registered to vote in the local authority area on referendum day are eligible to participate.
• Act's Extent and Commencement: The act applies to England and Wales and comes into force upon being passed.

Government Spending

The bill does not directly specify any government spending. However, the potential for costs associated with the implementation of referendums and the regulation process exists. The exact financial impact would depend on the regulations established by the Secretary of State.

Groups Affected

• Principal Local Authorities in England and Wales: The bill directly affects their ability to be abolished, requiring significant internal and public engagement before any changes are made.
• Elected Councillors: Their role in the decision-making process is strengthened.
• Local Residents: They gain the right to vote in a referendum on the future of their local authority.
• Secretary of State: Responsible for creating and overseeing the regulations governing the referendums.
• Electoral Commission: Required to be consulted before regulations are created.
• Courts/Tribunals: Could potentially be involved in disputes concerning the outcome of referendums.

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