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

Publicity and other information to be provided in connection with referendums by precepting authorities other than the Greater London Authority E+W

5.—(1) This regulation applies where a precepting authority, other than the Greater London Authority, has determined that its relevant basic amount of council tax for a financial year (the relevant financial year) is excessive under section 52ZB(3) or (5).

(2) Where this regulation applies, the authority must, as soon as is reasonably practicable, and not fewer than 28 days before the date on which the referendum will be held in accordance with sub-paragraph (c) below, publish in such a manner as it considers likely to bring to the attention of persons who live in the authority's area, a notice which contains a statement—

(a) that a referendum is required to be held on the authority's council tax increase for the relevant financial year in accordance with Chapter 4ZA of Part 1 of the Local Government Finance Act 1992;

(b) that arrangements to hold the referendum will be made by relevant billing authorities which are to be specified in the notice;

(c) of the date on which the referendum will be held;

(d) of the question to be asked in the referendum;

(e) that the referendum will be conducted in accordance with procedures similar to those used at local government elections;

(f) of the referendum expenses limit that will apply in relation to the referendum and the number of local government electors by reference to which that limit has been calculated;

(g) of the authority's relevant basic amount of council tax for the relevant financial year;

(h) of the authority's relevant basic amount of council tax for the financial year preceding the relevant financial year;

(i) of the percentage change in the authority's relevant basic amount of council tax from the preceding financial year to the relevant financial year expressed to one decimal place;

(j) of what the amount calculated by the authority as its relevant basic amount of council tax for the relevant financial year would be if the authority's relevant basic amount of council tax is not approved;

(k) of what the percentage change in the authority's relevant basic amount of council tax from the preceding year to the relevant financial year expressed to one decimal place would be if the authority's relevant basic amount of council tax is not approved;

(l) that, not fewer than 28 days before the date on which the referendum will be held, the authority will publish a statement containing the matters referred to in regulation 7(2) or (4) (as the case may be);

(m) of the procedures for obtaining a copy of the statement referred to in sub-paragraph (l) .

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The notice published under paragraph (2) may also include—

(a) any other factual information relating to the authority's council tax or the referendum so far as it is presented fairly, or

(b) details of the procedures for obtaining such other factual information.

Textual Amendments

F1 Reg. 5(3)(4) omitted (10.3.2014) by virtue of The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) (Amendment) Regulations 2014 (S.I. 2014/231), regs. 1(1), 2(b)