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The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012

Changes over time for: Section 22

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Determination of referendum petitionsE+W

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22.—(1) On the substantive hearing of a referendum petition the election court must either—

(a)dismiss the petition; or

(b)allow the petition.

(2) Paragraph (3) applies where—

(a)the result of the referendum was that the billing authority's relevant basic amount of council tax for the financial year was approved by a majority of persons voting in the referendum; and

(b)the election court dismisses the petition.

(3) The billing authority's relevant basic amount of council tax for the financial year continues to have effect for the financial year for the purposes of the 1992 Act.

(4) Paragraph (5) applies where—

(a)the result of the referendum was that the billing authority's relevant basic amount of council tax for the financial year was approved by a majority of persons voting in the referendum; and

(b)the election court allows the petition.

(5) The billing authority's substitute calculations made in relation to the year under section 52ZF have effect in relation to the authority and the financial year.

(6) Paragraph (7) applies where—

(a)the result of the referendum was that the billing authority's relevant basic amount of council tax for the financial year was not approved by a majority of persons voting in the referendum;

(b)the election court dismisses the petition or allows the petition on the basis that the referendum was void.

(7) The billing authority's substitute calculations made in relation to the year under section 52ZF continue to have effect in relation to the authority and the financial year.

(8) Paragraph (9) applies where—

(a)the result of the referendum was that the billing authority's relevant basic amount of council tax for the financial year was not approved by a majority of persons voting in the referendum; and

(b)the election court allows the petition on the basis that the result of the referendum was not in accordance with the votes cast.

(9) The billing authority's relevant basic amount of council tax for the financial year has effect for the financial year for the purposes of the 1992 Act.

(10) Paragraph (11) applies where—

(a)in a case where—

(i)one referendum was held in respect of the precepting authority's relevant basic amount of council tax for the financial year, that amount was approved by a majority of persons voting in the referendum; or

(ii)two or more referendums were held in respect of that amount, that amount was approved by a majority of persons voting in all of those referendums taken together; and

(b)the election court dismisses the petition.

(11) The precepting authority's calculations from which the amount referred to in paragraph (10)(a)(i) was derived continue to have effect for the year for the purposes of the 1992 Act.

(12) Paragraph (13) applies where—

(a)in a case where—

(i)one referendum was held in respect of the precepting authority's relevant basic amount of council tax for the financial year; and that amount was approved by a majority of persons voting in the referendum; or

(ii)two or more referendums were held in respect of that amount; and that amount was approved by a majority of persons voting in all of those referendums taken together; and

(b)the election court allows the petition.

(13) Any precept issued to a billing authority under section 52ZK or 52ZM as part of a notification that triggered the referendum has effect as a precept issued to that billing authority for the year for the purposes of Chapter 3 of the 1992 Act and subsections (6) to (9) of section 52ZO apply, or continue to apply, as the case may be, in relation to that precept.

(14) Paragraph (15) applies where—

(a)in a case where—

(i)one referendum was held in respect of the precepting authority's relevant basic amount of council tax for the financial year; and that amount was not approved by a majority of persons voting in the referendum; or

(ii)two or more referendums were held in respect of that amount; and that amount was not approved by a majority of persons voting in all of those referendums taken together; and

(b)the election court dismisses the petition or allows it on the basis that the referendum was void.

(15) Any precept issued to a billing authority under section 52ZK or 52ZM as part of a notification that triggered the referendum continues to have effect as a precept issued to that billing authority for the year for the purposes of Chapter 3 of the 1992 Act and subsections (6) to (9) (as the case may be) of section 52ZO or continue to apply in relation to that precept.

(16) Paragraph (17) applies where—

(a)in a case where—

(i)one referendum was held in respect of the precepting authority's relevant basic amount of council tax for the financial year; and that amount was not approved by a majority of persons voting in the referendum; or

(ii)two or more referendums were held in respect of that amount; and that amount was not approved by a majority of persons voting in all of those referendums taken together; and

(b)the election court allows the petition on the basis that the result of the referendum was not in accordance with the votes cast in the referendum.

(17) The precepting authority's calculations from which the amount referred to in paragraph (16)(a)(i)was derived have effect for the year for the purposes of the 1992 Act.

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