Regional Assemblies (Preparations) Act 2003
| Jurisdiction | UK Non-devolved |
| Citation | 2003 c. 10 |
| Year | 2003 |
Regional Assemblies (Preparations)Act 2003
2003 CHAPTER 10
An Act to make provision for the holding of referendums about the establishment of elected assemblies for the regions of England (except London); for reviewing the structure of local government in regions where the holding of a referendum is under consideration; for the holding of referendums about options for implementing the recommendations of such reviews; for implementing the recommendations of such reviews; for the Electoral Commission to give advice in connection with the establishment of assemblies; for payment of grant in connection with the activities of regional chambers; and for incurring expenditure in preparation for assemblies and in connection with the transfer of functions to them.
[8th May 2003]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1
Referendums
Referendums
1 Assembly referendums
1 Assembly referendums
(1) The Secretary of State may by order cause a referendum to be held in a region specified in the order about the establishment of an elected assembly for that region.
(2) The date of the referendum must be specified in the order.
(3) But the Secretary of State must not make an order under subsection (1) unless each of the following two conditions is satisfied in relation to the region.
(4) The first condition is that the Secretary of State has considered the level of interest in the region in the holding of such a referendum.
(5) The second condition is that the Boundary Committee for England have made recommendations in relation to the region in pursuance of section 13.
(6) The Secretary of State may make the order at any time during the period of two years starting with the date on which he gives a direction under section 13 in relation to the region so long as before he makes the order he has no cause to think that the level of interest has changed materially.
(7) A change in the level of interest is material if the changed level is one at which the Secretary of State (disregarding factors relating to any other region) thinks he would not have given a direction under section 13.
(8) If the Secretary of State has cause to think that the level of interest has changed materially as mentioned in subsection (6), that subsection does not apply but he must not make an order under subsection (1) unless for the purposes of subsection (4) he considers—
(a) views expressed and information and evidence provided to him;
(b) such published material as he thinks appropriate.
(9) The Secretary of State may by order vary or revoke an order under this section if he thinks it is not appropriate for a referendum to be held on the date specified in the order.
2 Local government referendums
2 Local government referendums
(1) This section applies if the Secretary of State makes an order under section 1 to cause a referendum to be held in a region about the establishment of an elected assembly for that region.
(2) The Secretary of State must by order cause a referendum to be held in each county area in the region about the government's proposals for the structure of local government in that area.
(3) A county area is an area in the region in relation to which both a county council and one or more district councils have functions.
(4) But if the government's proposals for a county area include an option providing for a local authority whose area includes any part of the area of more than one county area, the county area for the purposes of this section is the combined area of each of those county areas.
(5) The government's proposals for the structure of local government—
(a) are such of the recommendations of the Boundary Committee for England made in pursuance of a direction under section 13(1) or 16(4) as the Secretary of State thinks appropriate subject to such modifications (if any) as he proposes to make in pursuance of section 17(3);
(b) must include at least two options for structural change (within the meaning of Part 2 of the Local Government Act 1992 (c. 19)) in relation to each county area in the region.
(6) The date of a referendum held in pursuance of an order under subsection (2) must be—
(a) specified in the order;
(b) the same date as the date specified in the order under section 1.
(7) An order under subsection (2) must not be made before the end of the period of six weeks starting with the day on which the Secretary of State receives the recommendations of the Boundary Committee in pursuance of a direction under section 13(1) or 16(4).
(8) The Secretary of State by order—
(a) may vary an order under subsection (2);
(b) must revoke such an order if he revokes the order under section 1.
(9) A Minister of the Crown may by order make such provision as he thinks appropriate in connection with a referendum held in pursuance of an order under subsection (2).
(10) An order under subsection (9) may—
(a) make provision for the creation of offences;
(b) apply or incorporate with or without modifications or exceptions any provision of any enactment (whenever passed or made and including this Act) relating to elections or referendums;
(c) modify any provision of Chapter 2 of Part 7 of the 2000 Act as it applies to a referendum held in pursuance of an order under section 1.
3 Referendum questions
3 Referendum questions
(1) The question to be asked in a referendum held in pursuance of an order under section 1 is:
‘Should there be an elected assembly for the (insert name of region) region?’
(2) The following statement (in as nearly as may be the following form) must precede the question on the ballot paper:
‘You can help to decide whether there should be an elected assembly in the (insert name of region) region. If an elected assembly is to be established, it is intended that:
· the elected assembly would be responsible for a range of activities currently carried out mainly by central government bodies, including regional economic development; and
· local government would be reorganised into a single tier in those parts of the region that currently have both county and district councils.’
(3) The question to be asked in a referendum in pursuance of an order under section 2(2) is:
‘Which of the following options for single tier local government do you prefer?
·insert text of options set out in the order requiring the referendum to be held .’
(4) If the same ballot paper is used for both a referendum held in pursuance of an order under section 1 and a referendum held in pursuance of an order under section 2(2), the following statement (in as nearly as may be the following form) must precede the question on the ballot paper used in any part of the region where a referendum is held in pursuance of an order under section 2(2):
‘Your part of the region currently has both county and district councils. You can help to decide how local authorities in your part of the region will be reorganised into a single tier. There will be no such reorganisation if an elected assembly is not established.’
(5) If the same ballot paper is not used for both referendums as mentioned in subsection (4) the following statement (in as nearly as may be the following form) must precede the question on the ballot paper used for a referendum held in pursuance of an order under section 2(2):
‘If an elected assembly is established for the ( insert name of region ) region, it is intended that local government will be reorganised into a single tier in those parts of the region that currently have both county and district councils.
Your part of the region currently has both county and district councils. You can help to decide how local authorities in your part of the region will be reorganised into a single tier. There will be no such reorganisation if an elected assembly is not established.’
(6) An order under section 2(2) must set out—
(a) the text of the options to be inserted in the question specified in subsection (3);
(b) such explanatory material relating to the options as will be made available for voters at the time they vote.
(7) Before an order under section 2(2) is laid before Parliament in pursuance of section 29(2) the Secretary of State must consult the Electoral Commission—
(a) on the wording of the text required to be inserted in pursuance of subsection (3);
(b) on the explanatory material.
(8) At the time when the order is so laid the Secretary of State must lay before each House a report stating any views which the Commission have expressed in response to the consultation as to—
(a) the intelligibility of the text mentioned in subsection (7);
(b) the explanatory material.
(9) Explanatory material does not include instructions to voters as to the conduct of the referendum.
4 Entitlement to vote
4 Entitlement to vote
(1) A person is entitled to vote in a referendum held in a region in pursuance of an order under section 1 if on the date of the referendum he is entitled to vote at the election of councillors for any electoral area in the region.
(2) A person is entitled to vote in a referendum held in a county area of a region in pursuance of an order under section 2(2) if on the...
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