The Local Authorities (Conduct of Referendums)(England) Regulations 2012

Immediate consequences of referendum petitions

16.—(1) This regulation, apart from paragraph (5), applies where—

(a) a referendum petition is presented on any of the grounds mentioned in regulation 15(1)(a) to (c); or

(b) leave is granted to the presentation of a referendum petition brought under the ground mentioned in regulation 15(1)(d).

(2) Where this regulation applies—

(a) in relation to a referendum—

(i) at which the question asked was in the form set out in paragraph 3, 4, 5 or 6 of Schedule 1; and

(ii) in which the majority of the votes cast are in favour of the authority operating arrangements which differ from their existing arrangements; and

(b) before the authority have passed a resolution under section 9KC,

the authority must take no further steps in consequence of the referendum until the election court has certified its determination in the matter of the referendum petition.

(3) Where this regulation applies—

(a) in relation to a referendum—

(i) at which the question asked was in the form set out in paragraph 3, 4, 5 or 6 of Schedule 1; and

(ii) in which the majority of the votes cast are in favour of the authority operating arrangements which differ from their existing arrangements; and

(b) after the authority have passed a resolution under section 9KC,

the authority must continue to operate the arrangements that are the subject of that resolution.

(4) Where this regulation applies—

(a) in relation to a referendum—

(i) at which the question asked was in the form set out in paragraph 1 or 2 of Schedule 1; and

(ii) in which the majority of the votes cast are in favour of the authority operating arrangements which differ from their existing arrangements; and

(b) without an election for the return of an elected mayor having taken place in consequence of the referendum,

the authority must take no further steps in consequence of the referendum until the election court has certified its determination in the matter of the referendum petition.

(5) Where leave is granted to the presentation of a referendum petition brought under the ground mentioned in regulation 15(1)(d)—

(a) in relation to a referendum—

(i) at which the question asked was in the form set out in paragraph 1 or 2 of Schedule 1; and

(ii) in which the majority of the votes cast are in favour of the authority operating arrangements which differ from its existing arrangements; and

(b) after an election for the return of an elected mayor has taken place in consequence of the referendum,

the elected mayor is to continue in office.