Commentary on Sections Part 1: Referendums Section 3: Referendum questions
34.Section 3 sets out the question to be asked in assembly referendums and the first part of the question to be asked in local government referendums. It also sets out brief preambles about the purpose of each referendum (which must precede each question on the ballot paper).
35.The section contains two versions of the preamble for a local government referendum, depending on whether there is a single ballot paper or two separate ballot papers. The Government’s aim, where possible, is to have a single ballot paper where an assembly referendum is held simultaneously with a local government referendum. But it might be necessary to have separate ballot papers, for example where the local government options are numerous or particularly complex and would render a single ballot paper unwieldy.
36.An order under section 2(2) causing a local government referendum to be held must set out the text of the options that will appear in the referendum question and any explanatory material about the options that will be made available to voters when voting. Subsection (7) requires the Secretary of State to consult the Electoral Commission on these things. When laying an order he must report to each House of Parliament the Commission’s response as to the intelligibility of the text of the options and any views they express on the explanatory material.