Tuesday, 2 August 2011

Town Referendum on Biggleswade Health Centre?

Recently this comment was left:

Anonymous has left a new comment on your post "Biggleswade Health Centre, Planning Appeal - Impor...":


I really don't understand why the town council seems to think it's up to them to pursue the 'protection' of this land - which I hear they don't even own. There are far more important things they should be spending our money on.


But they know best, apparently - despite the results of the recent Town Plan survey of residents' wishes.


In fact, there ought be a Town Referendum over this issue - is the Town Council acting in the residents' best interests by spending so much money on this?


Is this possible?


Even more recently another comment has been left:

Anonymous has left a new comment on your post "Biggleswade Health Centre, Planning Appeal - Impor...":
In reply to the above comment - the answer appears to be 'Yes' - under Schedule 12, Part III, para.18(4) and (5) at page 2275 of the Local Government Act (1972) - Parish / Town Referendum

I found this while Googling:
http://www.planet-thanet.fsnet.co.uk/parish_referendums.htm

is a webpage that sets out a timetable and list of actions in order to call a meeting to vote on whether or not to hold a referendum.

There are certain notices that need to be served and a timetable that must be followed but these are all listed with sample wording and it seems fairly straightforward.

You need 6 electors to call a Parish Meeting to discuss and at least 10 electors (or 1/3rd of those present) voting in favour for a referendum to go ahead.

Maybe something to look at further?
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Before we go any further, just to clarify something for the benefit of the Town Council. This is taken from the National Association of Local Councils web site.

What's the difference between a parish council and a town council?

Not a great deal. They both have the same powers and can provide the same services. The only  difference is that a town council has decided that it should be known as a town council instead of a parish council, and has a mayor.

_____________________________________________

The Local Government Act 1972 does make provision for a referendum (poll):

Schedule 12 part III, para 15

(1) A parish meeting may be convened by:

(a) the Chairman of the parish council, or
(b) any two parish councillors for the parish, or
(c) where there is no parish council, the chairman of the parish meeting or any person representing the parish on the district council, or
(d) any six local government electors

Schedule 12 part III, para 18

(4)  A poll may be demanded before the conclusion of a parish meeting on any question arising at the meeting; but no poll shall be taken unless the person presiding at the meeting consents, or the poll is demanded by not less than ten, or one third of the local government electors present at the meeting, whichever is the less.

If you get a successful vote to hold a Referendum, you need to record the decision.

The Mayor, or Town Clerk should convey the decision of the Parish Meeting to hold a Referendum as soon as possible to the Chief Executive of the District Council.

The Chief Executive of your District Council should notify you as soon as possible, when the Referendum is to be held. You should normally hear from him/her or one of his/her staff within a matter of days.

Any volunteers to organise this??

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