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by Munro Research

Local Referendums Bill


Official Summary

A Bill to make provision about binding local referendums; and for connected purposes.

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Overview

This bill introduces binding local referendums in England and Wales. If a petition signed by at least 10% of local electors is submitted to a local authority concerning a specific proposal or decision, a referendum must be held before the authority can proceed. The outcome of the referendum will typically be binding on the local authority.

Description

The Local Referendums Bill mandates local authorities to hold binding referendums on certain matters if a sufficient petition is received.

Petition Requirements:

A petition must be signed by at least 10% of local government electors and submitted within six months of notifying the electoral registration officer.

Referendum Topics:

Referendums can cover proposals or decisions by the local authority on services, expenditure, or the authority's power to promote wellbeing (as defined in the Local Government Act 2000), or any other matter within the authority's responsibilities.

Question Determination:

The question posed in the referendum is determined by the electoral registration officer, ideally in consultation with the petition organizer, or if disagreement occurs, by the Electoral Commission.

Referendum Outcomes:

For referendums concerning proposals or decisions (section 1(1)(a)), the outcome is binding on the local authority, with limited exceptions laid out in regulations by the Secretary of State. For other matters (section 1(1)(b)), outcomes are also binding, subject to similar exceptions. These regulations must be submitted to Parliament within 6 months of the Act's passing.

Rules and Regulations:

The Secretary of State will establish rules governing the petition process and the referendum, which must also be submitted to Parliament within 6 months of the Act's passing. These regulations are subject to annulment by either House of Parliament.

Government Spending

The bill requires that any costs associated with the Secretary of State's role in implementing the Act, and any increases in spending under other Acts due to this Act, will be funded by Parliament. Specific figures are not provided in the bill text.

Groups Affected

  • Local Authorities: Will be obligated to hold referendums and abide by their outcomes (with exceptions).
  • Local Electors: Will have increased power to influence local authority decisions through petitions and votes.
  • Electoral Registration Officers: Will play a key role in setting up and administering referendums.
  • Petition Organizers: Will initiate the referendum process.
  • The Electoral Commission: May be involved in resolving disputes regarding referendum questions.
  • Secretary of State: Will create the rules and regulations governing referendums and have the power to issue exceptions.
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