Part 2E+WElectoral arrangements

Chapter 1E+WPower of district councils in England to change electoral scheme

Power of district councils to revert to partial-council electionsE+W

37Resolution for elections by halvesE+W

(1)A non-metropolitan district council in England that—

(a)was formerly subject to a scheme for elections by halves, but

(b)is for the time being subject to a scheme for whole-council elections,

may resolve that it is to revert to being subject to a scheme for elections by halves.

(2)For the purposes of this section, a council that is subject to a scheme for whole-council elections was “formerly subject” to a scheme for elections by halves if it was subject to such a scheme at any time in the period beginning with—

(a)1 April 1974, or

(b)if later, the date on which the council was created.

(3)A resolution under this section is referred to in this Chapter as a “resolution for elections by halves”.

38Resolution for elections by halves: requirementsE+W

(1)A council must comply with this section in passing a resolution for elections by halves.

(2)The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.

(3)The resolution must be passed—

(a)at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and

(b)by a majority of at least two thirds of the members voting on it.

F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39Resolution for elections by thirdsE+W

(1)A district council in England that—

(a)was formerly subject to a scheme for elections by thirds, but

(b)is for the time being subject to a scheme for whole-council elections,

may resolve that it is to revert to being subject to a scheme for elections by thirds.

(2)For the purposes of this section, a council that is subject to a scheme for whole-council elections was “formerly subject” to a scheme for elections by thirds if it was subject to such a scheme at any time in the period beginning with—

(a)1 April 1974, or

(b)if later, the date on which the council was created.

(3)A resolution under this section is referred to in this Chapter as a “resolution for elections by thirds”.

40Resolution for elections by thirds: requirementsE+W

(1)A council must comply with this section in passing a resolution for elections by thirds.

(2)The council must not pass the resolution unless it has taken reasonable steps to consult such persons as it thinks appropriate on the proposed change.

(3)The resolution must be passed—

(a)at a meeting which is specially convened for the purpose of deciding the resolution with notice of the object, and

(b)by a majority of at least two thirds of the members voting on it.

F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

F4(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41Publicity for resolutionE+W

(1)A council must comply with this section as soon as practicable after passing a resolution for elections by halves or a resolution for elections by thirds.

(2)The council must produce an explanatory document.

(3)The council must make the explanatory document—

(a)available for public inspection at the council's principal office at all reasonable times, and

(b)available to the public by such other means as the council thinks appropriate.

(4)The council must publicise these matters—

(a)that the council has resolved to become subject to the new electoral scheme;

(b)that the [F5Local Government Boundary Commission] is to make provision by order about the operation of, and transition to, the new electoral scheme;

(c)how the explanatory document is available in accordance with subsection (3);

(d)the address of the council's principal office.

(5)It is for the council to decide how these matters are to be publicised.

(6)An explanatory document is a document which sets out details of the new electoral scheme (so far as the details are known at the time the document is prepared).

42Notice to [F6Local Government Boundary Commission] E+W

(1)A council must comply with this section as soon as practicable after passing a resolution for elections by halves or a resolution for elections by thirds.

(2)The council must give the [F7Local Government Boundary Commission] notice that it has passed the resolution.

43 [F8Local Government Boundary Commission] to consider whether electoral review is necessaryE+W

(1)This section applies if the [F9Local Government Boundary Commission] receive notice under section 42 that a council has passed a resolution for elections by halves or a resolution for elections by thirds.

(2)As soon as practicable after receiving the notice, [F10the Local Government Boundary Commission must consider whether to exercise its power under section 56(2) of the Local Democracy, Economic Development and Construction Act 2009] to conduct a review of the district in question (or any part of it).

(3)As soon as practicable after deciding whether or not [F11to conduct such a review, the Local Government Boundary Commission] must give the council notice of the decision.

44 [F12Local Government Boundary Commission] to make order for new electoral schemeE+W

(1)Where the [F13Local Government Boundary Commission] receive notice under section 42 that a council has passed a resolution, they must—

(a)in the case of a resolution for elections by halves, make an order for elections by halves in relation to the council (see sections 45 and 46);

(b)in the case of a resolution for elections by thirds, make an order for elections by thirds in relation to the council (see sections 47 and 48).

[F14(2)But the Local Government Boundary Commission must not make the order—

(a)before it has decided whether or not conduct an electoral review (see section 43(2)), and

(b)if it has decided to conduct such a review, before the review is concluded.]

45Order for elections by halves: years in which elections are to be heldE+W

(1)An order for elections by halves in relation to a council must secure that the ordinary elections of councillors of the council are held in years determined in accordance with this section.

(2)Ordinary elections of the councillors of the council are to be held in—

(a)the first relevant year after the year in which the [F15Local Government Boundary Commission makes] the order, and

(b)each subsequent year for elections by halves.

(3)In this section—

• “relevant year” means 2011 and every fourth year afterwards;

• “year for elections by halves” means 2012 and every second year afterwards.

46Orders for elections by halves: councillors to be elected at ordinary electionsE+W

(1)An order for elections by halves in relation to a council must make provision for the election and retirement of councillors in accordance with this section.

(2)In the case of the ordinary elections held in the year determined in accordance with section 45(2)(a)—

(a)all of the councillors are to be elected;

(b)on the fourth day after the elections are held—

(i)the councillors elected in those elections are to come into office, and

(ii)all of the sitting councillors are to retire.

(3)In the case of ordinary elections held subsequently—

(a)one half (or as nearly as may be) of the councillors are to be elected;

(b)on the fourth day after the elections are held—

(i)the councillors elected in those elections are to come into office, and

(ii)the specified sitting councillors are to retire.

(4)The order must include provision for identifying which councillors are to retire in each year in which ordinary elections are to be held (other than the first), including provision for identifying—

(a)the wards affected;

(b)the councillors affected within particular wards.

(5)In this section “specified sitting councillors”, in relation to ordinary elections, means the sitting councillors who are to retire in the year of those elections by virtue of the order.

47Order for elections by thirds: years in which elections are to be heldE+W

(1)An order for elections by thirds in relation to a council must secure that the ordinary elections of councillors of the council are held in years determined in accordance with this section.

(2)Ordinary elections of the councillors of the council are to be held in—

(a)the first relevant year after the year in which the [F16Local Government Boundary Commission makes] the order, and

(b)each subsequent year, unless it is a fallow year.

(3)In this section—

• “fallow year” means 2013 and every fourth year afterwards;

• “relevant year” means—

  (a)

  in relation to a metropolitan district council: 2014 and every fourth year afterwards;

  (b)

  in relation to a non-metropolitan district council: 2011 and every fourth year afterwards.

48Order for elections by thirds: councillors to be elected at ordinary electionsE+W

(1)An order for elections by thirds in relation to a council must make provision for the election and retirement of councillors in accordance with this section.

(2)In the case of the ordinary elections held in the year determined in accordance with section 47(2)(a)—

(a)all of the councillors are to be elected;

(b)on the fourth day after the elections are held—

(i)the councillors elected in those elections are to come into office, and

(ii)all of the sitting councillors are to retire.

(3)In the case of ordinary elections held subsequently—

(a)one third (or as nearly as may be) of the councillors are to be elected;

(b)on the fourth day after the elections are held—

(i)the councillors elected in those elections are to come into office, and

(ii)the specified sitting councillors are to retire.

(4)The order must include provision for identifying which councillors are to retire in each year in which ordinary elections are to be held (other than the first), including provision for identifying—

(a)the wards affected;

(b)the councillors affected within particular wards.

(5)In this section “specified sitting councillors”, in relation to ordinary elections, means the sitting councillors who are to retire in the year of those elections by virtue of the order.

49Order for elections by halves or elections by thirds: transitional provisionE+W

(1)An order under section 44 (order for elections by halves or for elections by thirds) may include provision about the transition to the council's new electoral scheme.

(2)Provision made by virtue of this section may, in particular, include provision for the retirement of some councillors after their initial election at times different from those otherwise applying, and for identifying which of them are so to retire.

50Power of [F17Local Government Boundary Commission] to make incidental etc provisionE+W

The [F18Local Government Boundary Commission] may by order make incidental, consequential, transitional or supplemental provision in connection with provision made by order under section 44 (order for elections by halves or for elections by thirds).

51Position if [F19Local Government Boundary Commission] act under existing powersE+W

In a case in which—

[F20(a)the Local Government Boundary Commission decides to conduct an electoral review (see section 43(2)), and

(b)pursuant to that review the Commission makes recommendations for electoral changes,]

nothing in this Chapter requires the Commission to make any provision in relation to matters dealt with, or to be dealt with, by the Commission in an order under [F21section 59 of the Local Democracy, Economic Development and Construction Act 2009] giving effect to those recommendations.

52Publicity for order by [F22Local Government Boundary Commission] E+W

(1)A council must comply with this section as soon as practicable after the [F23Local Government Boundary Commission has] made an order under section 44 (order for elections by halves or for elections by thirds) in relation to it.

(2)The council must produce an explanatory document.

(3)The council must make the explanatory document—

(a)available for public inspection at the council's principal office at all reasonable times, and

(b)available to the public by such other means as the council thinks appropriate.

(4)The council must publicise these matters—

(a)that the council has become subject to the new electoral scheme;

(b)how the explanatory document is available in accordance with subsection (3);

(c)the address of the council's principal office.

(5)It is for the council to decide how these matters are to be publicised.

(6)An explanatory document is a document which sets out details of the new electoral scheme.