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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11557
Experience:  30 years as a practising solicitor.
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Referendum council if challenged does it cost the

Customer Question

Referendum for local council if challenged does it cost the electorate who asked for the referendum ?
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Is this a challenge in court under representation of the people laws?
Customer: replied 1 year ago.
I am a campaigner for an open space which has a covenant dated 1862 and the local council what to sell it to the area Council for building we would like to have a referendum for the residents of the town but after a town meeting we as residents requested we were told it the referendum went ahead and the result was challenge it would cost the 10 residents about £6000 of-course this is a huge amount and we are dubious regarding this einformation that was dropped on us at the end of our meeting so it would be helpful if you could clarify this for us
Expert:  JGM replied 1 year ago.
I have no idea for the basis of this representation. Local referendums are governed by legislation which you can see here:
http://www.legislation.gov.uk/ukpga/2000/22/section/45
There is provision for regulations governing referendums. However, once the local authority decide to hold a referendum, there is no provision which would be normal to make any residents pay for the process or any challenge.
Can you remember specifically what you were told and I can try to help you further?
JGM and other Law Specialists are ready to help you
Customer: replied 1 year ago.
The wording that was read out to us was that if the referendum was challenged then the main 10 people who quoted their electoral number to hold the town meeting would be liable for the cost of £6000 this was quoted as an amount of the cost of the referendum
Expert:  JGM replied 1 year ago.
I think you should ask the clerk to the council for the authority for that proposition. If the referendum is properly called in accordance with the Act there should be no challenge and certainly no prospect of those initially asking for it to be liable for the costs of it.