- Draft Statutory Instrument 2004 No.
The Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (North West Region) Order 2004
© Crown Copyright 2004
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Draft Order laid before Parliament under section 156(4) of the Political Parties, Elections and Referendums Act 2000 and section 29(2) of the Regional Assemblies (Preparations) Act 2003, for approval by resolution of each House of Parliament.
| Made | 2004 | ||
| Coming into force | 2004 |
Whereas -
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(a) the First Secretary of State has considered, in relation to the region specified in this Order, the level of interest in that region in the holding of a referendum in that region about the establishment of an elected assembly for that region;
(b) on 25th May 2004, pursuant to a direction given on 16th June 2003 under section 13(1) of the Regional Assemblies (Preparations) Act 2003[1], the Secretary of State received recommendations from the Boundary Committee for England in relation to that region;
(c) a period of not less than six weeks has expired since the receipt of those recommendations[2];
(d) if the Secretary of State were to make an order under section 17(2) and (3) of that Act giving effect to the proposals described in Option B in article 8 of this Order, that order would give effect to those recommendations, subject to one modification[3]; and
(e) the Secretary of State has no cause to think that the level of interest referred to in paragraph (a) has changed materially since the date on which his direction was given:
Now, therefore, the First Secretary of State, in exercise of the functions conferred by sections 1(1), 2(2) and 3(6) and his powers under sections 2(9) and 5 of the Regional Assemblies (Preparations) Act 2003 and section 109(6) of the Political Parties, Elections and Referendums Act 2000[4], and having consulted the Electoral Commission in accordance with section 3(7) of the Regional Assemblies (Preparations) Act 2003 and section 156 of the Political Parties, Elections and Referendums Act 2000, hereby makes the following Order, of which a draft has been laid before, and approved by resolution of, each House of Parliament:
Citation and commencement
1. This Order may be cited as the Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (North West Region) Order 2004 and shall come into force on the day after that on which it is made.
Interpretation
2. In this Order -
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"the Preparations Act" means the Regional Assemblies (Preparations) Act 2003;
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"Cheshire" means the county area of Cheshire; and
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"Cumbria and Lancashire" means the county area of Cumbria and Lancashire[5].
Regional Assembly referendum
3.
On 4th November 2004 a referendum shall be held in the North West region about the establishment of an elected assembly for that region.
Local government referendums
4.
On 4th November 2004 a referendum shall be held in each of the following county areas about the government's proposals for the structure of local government in those areas -
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(a) Cheshire; and
(b) Cumbria and Lancashire.
Referendum period
5.
The referendum period for a referendum held under article 3 or 4 -
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(a) begins on the date on which this Order comes into force; and
(b) ends with the date of the referendum.
Alteration of time for application and designation of designated organisations
6.
- (1) For the purposes of section 109 of the Political Parties, Elections and Referendums Act 2000[6], the period of 28 days referred to in subsections (2) and (3) of that section shall have effect in relation to a referendum held under article 3, as if it were a period of 42 days.
(2) For the purposes of section 9 of the Preparations Act, the appropriate day in relation to a referendum held under article 3 is -
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(a) the fifty-seventh day of the referendum period if one or more applications under section 109 of the Political Parties, Elections and Referendums Act 2000 (applications for assistance under section 110 of that Act) is made before the forty-third day of the referendum period in relation to each possible outcome of the referendum;
(b) the forty-third day of the referendum period in any other case.
Text of options-Cheshire
7.
In relation to Cheshire, the text of the options to be inserted in the referendum question specified in section 3(3) of the Preparations Act, is -
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"
Option A-one single tier local authority (see map for option A).
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Option B-three single tier local authorities (see map for option B).".
Text of options-Cumbria and Lancashire
8.
In relation to Cumbria and Lancashire, the text of the options to be inserted in the referendum question specified in section 3(3) of the Preparations Act, is -
-
"
Option A-three single tier local authorities (see maps for option A).
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Option B-eight single tier local authorities (see maps for option B).".
Explanatory material
9.
- (1) The explanatory material set out in Schedule 1, which relates to the options in article 7, will be made available for voters at the time they vote in the referendum in Cheshire.
(2) The explanatory material set out in Schedule 2, which relates to the options in article 8, will be made available for voters at the time they vote in the referendum in Cumbria and Lancashire.
Signed by authority of the First Secretary of State
Minister of State, Office of the Deputy Prime Minister
2004
You currently live in an area that has both a county council and a district council. This is known as two tier local government. However there are already many areas in England, especially the larger towns and cities, where single tier local government exists, with all local government services being provided by the one authority.
Your county council provides large scale services across the whole of the county and is responsible for transport, minerals and waste planning, highways, education, consumer protection, refuse disposal, libraries and personal social services. Your district council has a more local focus, providing services in its own area and is responsible for environmental health, housing, most planning decisions and refuse collection. Both county and district councils can provide facilities such as museums, art galleries and parks.
If an elected Regional Assembly is established for the North West region, local authorities in your area will be reorganised. This means that your county and district council will be replaced by a single tier local authority, which will deliver all local government services.
You are asked to help decide how the current pattern of two tier local authorities in Cheshire would be reorganised into a single tier.
You have two options to choose from. Please express a preference for either Option A or Option B on the ballot paper titled "Referendum on Options for Single Tier Local Government".
The options
Option A: this option proposes the creation of one single tier local authority-Cheshire; covering the whole of the existing county council area.
The existing district councils of Chester, Congleton, Crewe and Nantwich, Ellesmere Port and Neston, Macclesfield and Vale Royal would be abolished.
This single tier local authority would exercise the functions of the existing county council and those of the former district councils.
Option B: this option proposes the creation of three single tier local authorities. The areas of these single tier authorities would be formed from combinations of existing district council areas.
Cheshire county council and the existing district councils of Chester, Congleton, Crewe and Nantwich, Ellesmere Port and Neston, Macclesfield and Vale Royal would be abolished.
In its area, each single tier local authority would exercise the functions of the former district councils and those of the former Cheshire county council.
The proposed single tier local authorities are:
1. Chester and West Cheshire: this authority would cover the former districts of Chester, and Ellesmere Port and Neston.
2. East Cheshire: this authority would cover the former districts of Congleton and Macclesfield.
3. Mid Cheshire: this authority would cover the former districts of Crewe and Nantwich and Vale Royal.
Option A and Option B are illustrated on the maps in this explanatory information.
For more information contact the Electoral Commission on 0800-3280-280, textphone 0800-3280-838 or visit www.regionalvote.co.uk.
You currently live in an area that has both a county council and a district council. This is known as two tier local government. However there are already many areas in England, especially the larger towns and cities, where single tier local government exists, with all local government services being provided by the one authority.
Your county council provides large scale services across the whole of the county and is responsible for transport, minerals and waste planning, highways, education, consumer protection, refuse disposal, libraries and personal social services. Your district council has a more local focus, providing services in its own area and is responsible for environmental health, housing, most planning decisions and refuse collection. Both county and district councils can provide facilities such as museums, art galleries and parks.
If an elected Regional Assembly is established for the North West region, local authorities in your area will be reorganised. This means that your county and district council will be replaced by a single tier local authority, which will deliver all local government services.
You are asked to help decide how the current pattern of two tier local authorities in Cumbria and Lancashire would be reorganised into a single tier.
You have two options to choose from. Please express a preference for either Option A or Option B on the ballot paper titled "Referendum on Options for Single Tier Local Government".
The Options
Option A: this option proposes the creation of three single tier local authorities. The proposed single tier authorities are:
1. Blackpool with Fleetwood: the existing single tier local authority of Blackpool would be expanded to include the Fleetwood, Poulton-le-Fylde and Thornton-Cleveleys areas of the existing district of Wyre in Lancashire.
Wyre district council would be abolished (see 3 below). This expanded single tier local authority would exercise such of the functions of the former district council as relate to the Fleetwood, Poulton-le-Fylde and Thornton-Cleveleys areas, and the functions formerly exercised by Lancashire county council in relation to those areas.
2. Cumbria: this authority would cover the whole of the existing county council area.
The district councils of Allerdale, Barrow-in-Furness, Carlisle, Copeland, Eden and South Lakeland would be abolished.
This single tier local authority would exercise the functions of the existing county council and those of the former district councils.
3. Lancashire: this authority would cover all of the existing county council area except the Fleetwood, Poulton-le-Fylde and Thornton-Cleveleys areas of the district of Wyre.
The district councils of Burnley, Chorley, Fylde, Hyndburn, Lancaster, Pendle, Preston, Ribble Valley, Rossendale, South Ribble, West Lancashire and Wyre would be abolished.
For that area, this single tier local authority would exercise the functions of the existing county council and those of the former district councils.
Option B: this option proposes the creation of eight single tier local authorities. The areas of these single tier authorities would be formed from combinations of existing district council areas or the expansion of existing single tier authorities by the addition of whole or part of existing district council areas.
Cumbria and Lancashire county councils and the district councils of Allerdale, Barrow-in-Furness, Carlisle, Copeland, Eden and South Lakeland in Cumbria and Burnley, Chorley, Fylde, Hyndburn, Lancaster, Pendle, Preston, Ribble Valley, Rossendale, South Ribble, West Lancashire and Wyre in Lancashire would be abolished.
In its area, each single tier local authority would exercise the functions of the former district councils and as appropriate those of the former Cumbria and Lancashire county councils.
The proposed single tier local authorities are:
1. Blackburn with Hyndburn: the existing single tier local authority of Blackburn with Darwen would be expanded to include the former district of Hyndburn.
2. Blackpool and the Fylde: the existing single tier local authority of Blackpool would be expanded to include the former districts of Fylde and Wyre.
3. Central Lancashire: this authority would cover the former districts of Chorley, Preston and South Ribble.
4. East Lancashire: this authority would cover the former districts of Burnley, Pendle, Ribble Valley and Rossendale.
5. Morecambe Bay: this authority would cover the former districts of Barrow-in-Furness, South Lakeland (from Cumbria) and Lancaster (from Lancashire).
6. North Cumbria: this authority would cover the former districts of Allerdale, Carlisle, Copeland and Eden.
7. Sefton and West Lancashire: the existing single tier local authority of Sefton would be expanded to include the western part of the district of West Lancashire.
8. Wigan: the existing single tier local authority of Wigan would be expanded to include the eastern part of the district of West Lancashire.
Option A and Option B are illustrated on the maps in this explanatory information.
For more information contact the Electoral Commission on 0800-3280-280, textphone 0800-3280-838 or visit www.regionalvote.co.uk.
(This note is not part of the Order)
Part 1 of the Regional Assemblies (Preparations) Act 2003 provides for the holding of a referendum in a region about the establishment of an elected assembly for that region ("a Regional Assembly referendum") and on the same date holding referendums in the parts of the region that have both county and district councils, about the reorganisation of those local authorities into a single tier of local government ("a local government referendum").
Article 3 of this Order provides for the holding of a Regional Assembly referendum in the North West.
Article 4 provides for the holding of local government referendums in the county areas of Cheshire and of Cumbria and Lancashire (both in the North West region).
Article 5 specifies the referendum period for each of the referendums.
Article 6 changes the period for applications to be made by a permitted participant at a Regional Assembly referendum held under this Order for appointment by the Electoral Commission as a designated organisation entitled to assistance with their campaigning. The period for application under section 109 of the Political Parties, Elections and Referendums Act 2000 becomes 42 days from the beginning of the referendum period, instead of 28 days. The date from which, in default of appointing a designated organisation, the Electoral Commission may provide information to voters about the Regional Assembly referendum issues, is 14 days later than provided in the Regional Assemblies (Preparations) Act 2003. It becomes the 57th day of the referendum period if applications for designation are made, or the 43rd day if applications for designation are not made.
The local government referendum question asks voters to express a preference on the options presented for single tier local government. Articles 7 and 8 set out the text of the options for Cheshire, and Cumbria and Lancashire, respectively, that will be put in the question to voters.
Article 9 gives effect to the Schedules which set out the explanatory material that will be made available for voters about the options for single tier local government in Cheshire, and Cumbria and Lancashire.
A full Regulatory Impact Assessment has not been prepared for this instrument as it has no impact on the costs of businesses, charities or voluntary bodies.
Notes:
[1] 2003 c. 10.back
[2] See section 2(7) of the Regional Assemblies (Preparations) Act 2003.back
[3] The modification proposed relates to the boundary between the single tier local authorities of Sefton and West Lancashire, and Wigan reflected in the maps referred to in Schedule 2 to this Order.back
[5] Because of Option B in article 8, which is explained in Schedule 2 to this Order, Cumbria and Lancashire is a single county area for the purposes of section 2 of the Preparations Act; see section 2(4).back
ISBN 0 11 049539 X