Local Government and Public Involvement in Health Act 2007

Part 2E+WElectoral arrangements

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

IntroductoryE+W

31Schemes for electionsE+W

For the purposes of this Chapter—

(a)a council is “subject to a scheme for whole-council elections” if all of its councillors are to be elected in each year in which it holds ordinary elections of councillors;

(b)a council is “subject to a scheme for elections by halves” if one-half (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors;

(c)a council is “subject to a scheme for elections by thirds” if one-third (or as nearly as may be) of its councillors are to be elected in each year in which it holds ordinary elections of councillors.

[F131AMinimum period between resolutions to change electoral schemesE+W

If a council passes a resolution under section 32, 37 or 39 (“the earlier resolution”) it may not pass another resolution under any of those sections before the end of five years beginning with the day on which the earlier resolution is passed.]

Power of district councils to change to whole-council electionsE+W

32Resolution for whole-council electionsE+W

(1)A district council in England that is subject to a scheme for elections by halves or by thirds may resolve that it is to be subject instead to the scheme for whole-council elections under section 34.

(2)A resolution under this section is referred to in this Chapter as a “resolution for whole-council elections”.

33Resolution for whole-council elections: requirementsE+W

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

(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.

[F2(3A)The resolution must specify the year for the first ordinary elections of the council at which all councillors are to be elected.

(3B)In the case of a district council for a district in a county for which there is a county council, the year specified under subsection (3A) may not be a county-council-elections year; and here “county-council-elections year” means 2013 and every fourth year afterwards.]

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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34Scheme for whole-council electionsE+W

(1)On passing a resolution for whole-council elections, a council becomes subject to the following electoral scheme.

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

[F5(a)the year specified under section 33(3A) in the resolution, and

(b)every fourth year afterwards.]

(3)All councillors are to be elected in each year in which ordinary elections are held.

(4)On the fourth day after ordinary elections are held—

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

(b)the sitting councillors are to retire.

[F6(4A)Ordinary elections of councillors of the council under the previous electoral scheme are to be held in accordance with that scheme in any year that—

(a)is earlier than the year specified under section 33(3A) in the resolution for whole-council elections, and

(b)is a year in which, under the previous electoral scheme, ordinary elections of councillors of the council are due to be held.

(4B)In subsection (4A) “the previous electoral scheme” means the scheme for the ordinary elections of councillors of the council that applied to it immediately before it passed the resolution for whole-council elections.]

F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35PublicityE+W

(1)A council must comply with this section as soon as practicable after passing a resolution for whole-council elections.

(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 scheme for whole-council elections under section 34;

(b)when elections will first take place in accordance with the 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 those matters are to be publicised.

(6)An explanatory document is a document which sets out details of the new electoral scheme as it applies to the council.

36Notice to [F8Local Government Boundary Commission for England] E+W

(1)A council must comply with this section as soon as practicable after passing a resolution for whole-council elections.

(2)The council must give the [F9Local Government Boundary Commission] notice that it has passed the resolution.

[F10(3)In this Chapter, “Local Government Boundary Commission” means the Local Government Boundary Commission for England.]

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.

F11(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.

F12(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(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.

F13(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.

F14(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(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 [F15Local 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 [F16Local 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 [F17Local Government Boundary Commission] notice that it has passed the resolution.

43 [F18Local Government Boundary Commission] to consider whether electoral review is necessaryE+W

(1)This section applies if the [F19Local 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, [F20the 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 [F21to conduct such a review, the Local Government Boundary Commission] must give the council notice of the decision.

44 [F22Local Government Boundary Commission] to make order for new electoral schemeE+W

(1)Where the [F23Local 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).

[F24(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 [F25Local 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 [F26Local 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 [F27Local Government Boundary Commission] to make incidental etc provisionE+W

The [F28Local 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 [F29Local Government Boundary Commission] act under existing powersE+W

In a case in which—

[F30(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 [F31section 59 of the Local Democracy, Economic Development and Construction Act 2009] giving effect to those recommendations.

52Publicity for order by [F32Local Government Boundary Commission] E+W

(1)A council must comply with this section as soon as practicable after the [F33Local 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.

Power of district councils to alter years of ordinary elections of parish councillorsE+W

53Power of council to alter years of ordinary elections of parish councillorsE+W

(1)This section applies if a council passes a resolution under this Chapter.

(2)The council may by order make provision that changes the years in which the ordinary elections of parish councillors for any parish situated in the council's area are to be held.

(3)The power may only be exercised so as to secure that those elections are to be held in years in which ordinary elections of district councillors for a ward in which any part of the parish is situated are to be held.

(4)The order may include transitional provision—

(a)for the retirement of existing parish councillors at times different from those otherwise applying;

(b)for the retirement of some parish councillors after their initial election after the order comes into force at times different from those otherwise applying.

Amendment of existing provisions about schemes for ordinary electionsE+W

54Amendment of existing provisions about schemes for ordinary electionsE+W

(1)In section 7 of the Local Government Act 1972 (c. 70) (elections of councillors) omit subsections (4) to (6).

(2)In section 8 of the Local Government Act 1972 (constitution and membership of London borough councils), omit subsections (2) and (3).

(3)In section 86 of the Local Government Act 2000 (c. 22) (power to specify scheme for elections)—

(a)before subsection (1) insert—

“(A1)The Secretary of State may by order make provision to secure that the scheme for the ordinary elections of councillors of any specified council in England is the scheme under the first option set out in section 85.”;

(b)in subsection (1) after “specified council” insert “ in Wales ”.

(4)If—

(a)a local authority makes a request under section 7(4) of the Local Government Act 1972, and

(b)immediately before subsection (1) above comes into force in relation to that authority, the request has not yet been dealt with,

the repeal of section 7(4) to (6) of the 1972 Act does not apply to the request unless, and until, it is dealt with.

(5)For the purposes of subsection (4) a request under section 7(4) of the 1972 Act is “dealt with” in either of these cases—

(a)if the Secretary of State notifies the local authority that he has decided not to make an order under section 7(6) of the 1972 Act in response to the request;

(b)if the Secretary of State makes an order under section 7(6) in response to the request.

(6)The repeal of section 7(6) or 8(2) of the Local Government Act 1972 or of section 86(1) of the Local Government Act 2000 (so far as it relates to England) does not affect any order made under that provision before its repeal.

Chapter 2E+WMiscellaneous

Requests for single-member electoral areas in EnglandE+W

F3455Requests for single-member electoral areasE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electoral Commission and Boundary Committee: reviews and recommendationsE+W

F3456Electoral Commission and Boundary Committee: reviews and recommendationsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3457Procedure in connection with reviewsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electoral areas in EnglandE+W

58Metropolitan districts: councillors per wardE+W

(1)Section 6 of the Local Government Act 1972 (c. 70) (term of office and retirement of councillors) is amended as follows.

(2)For subsection (2)(b) substitute—

“(b)every metropolitan district shall be divided into wards, each returning such number of councillors as may be provided as mentioned in subsection (3) below;”.

(3)For subsection (3) substitute—

“(3)The number of councillors referred to in subsection (2)(b) or (c) above may be provided—

(a)under or by virtue of the provisions of section 7 below;

(b)by an order under Part 2 of the Local Government Act 1992 (c. 19);

(c)by an order under section 14 of the Local Government and Rating Act 1997 (c. 29);

(d)by an order under Part 1 of the Local Government and Public Involvement in Health Act 2007.”

59Change of name of electoral areaE+W

(1)A local authority may, by resolution, change the name of any of the authority's electoral areas.

(2)A local authority must comply with subsections (3) to (5) in passing a resolution to change the name of an electoral area.

(3)The local authority must not pass the resolution unless it has taken reasonable steps to consult such persons as it considers appropriate on the proposed name.

(4)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.

(5)If the name of the electoral area is protected, the resolution may not be passed unless the [F35Local Government Boundary Commission] has first agreed to the proposed change.

(6)As soon as practicable after a resolution is passed, the local authority must give notice of the change of name to all of the following—

(a)the [F36Local Government Boundary Commission];

(b)the Boundary Commission for England;

(c)the Office of National Statistics;

(d)the Director General of the Ordnance Survey;

(e)if the local authority is a county council, the district council (if any) within whose area the electoral area lies;

(f)if the local authority is a district council, the county council (if any) within whose area the electoral area lies.

(7)The change of name does not take effect until the [F37Local Government Boundary Commission] have been given notice of the change.

(8)For the purposes of this section the name of an electoral area is “protected” if—

(a)the name was given to the electoral area by or in pursuance of an order under section 17 of the Local Government Act 1992 (c. 19)[F38, section 59 of the Local Democracy, Economic Development and Construction Act 2009] or section 14 of the Local Government and Rating Act 1997 (c. 29), and

(b)that order was made during the period of five years ending with the day on which a resolution to change the name is to be passed.

(9)In subsection (4) 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.

(10)In this section—

• “electoral area”, in relation to a local authority, means any area for which councillors are elected to the authority;

• “local authority” means—

  (a)

  a county council in England;

  (b)

  a district council in England; or

  (c)

  a London borough council.

Election datesE+W

60Power to change date of local elections to date of European Parliamentary general electionE+W

(1)In section 37 of the Representation of the People Act 1983 (c. 2) (ordinary days of local elections in England and Wales), after subsection (2) insert—

“(2A)Subsection (1) is subject to any order under—

(a)section 37A (local government areas in England), or

(b)section 37B (local government areas in Wales).”

(2)After that section insert—

“37APower to change date of local elections to date of European Parliamentary general election: England

(1)The Secretary of State may by order provide that in a year in which a European Parliamentary general election is to be held—

(a)the ordinary day of election of councillors for counties in England, districts and London boroughs,

(b)the ordinary day of election of councillors for parishes, and

(c)as respects Authority elections, the day on which the poll is to be held at an ordinary election,

shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.

(2)An order under subsection (1) may make provision under all of paragraphs (a) to (c) or under one or more of those paragraphs.

(3)An order under subsection (1) must relate to a single year and must be made at least six months before—

(a)the local election day in that year, or

(b)if earlier, the date of the poll at the European Parliamentary general election in that year.

(4)For this purpose “the local election day” in a particular year is—

(a)the first Thursday in May, or

(b)if an order has been made under section 37(1)(b) (power to change date of council and Assembly elections) in relation to that year, the day specified in the order.

(5)Before making an order under this section, the Secretary of State must consult—

(a)the Electoral Commission, and

(b)such other persons as he considers appropriate.

(6)An order under subsection (1) may make incidental, supplementary or consequential provision or savings.

(7)Where the Welsh Ministers make an order under section 37B, the Secretary of State may by order make such consequential provision in relation to elections in England as he thinks fit.

(8)The powers under subsections (6) and (7) include power to make—

(a)different provision for different purposes;

(b)provision disapplying or modifying the application of an enactment or an instrument made under an enactment.

(9)An order under this section must be made by statutory instrument.

(10)A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

37BPower to change date of local elections to date of European Parliamentary general election: Wales

(1)The Welsh Ministers may by order provide that, in a year in which a European Parliamentary general election is to be held, the ordinary day of election of councillors for—

(a)counties in Wales and county boroughs, and

(b)communities,

shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.

(2)An order under subsection (1) may make provision under paragraphs (a) and (b) or under one of those paragraphs.

(3)An order under subsection (1) must relate to a single year and must be made at least six months before—

(a)the local election day in that year, or

(b)if earlier, the date of the poll at the European Parliamentary general election in that year.

(4)For this purpose “the local election day” in a particular year is—

(a)the first Thursday in May, or

(b)if an order has been made under section 37(1)(b) (power to change date of council and Assembly elections) in relation to that year, the day specified in the order.

(5)Before making an order under this section, the Welsh Ministers must consult—

(a)the Electoral Commission, and

(b)such other persons as they consider appropriate.

(6)An order under subsection (1) may make incidental, supplementary or consequential provision or savings.

(7)Where the Secretary of State makes an order under section 37A, the Welsh Ministers may by order make such consequential provision in relation to elections in Wales as they think fit.

(8)The powers under subsections (6) and (7) include power to make—

(a)different provision for different purposes;

(b)provision disapplying or modifying the application of an enactment or an instrument made under an enactment.

(9)An order under this section must be made by statutory instrument.

(10)A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.”

(3)In section 3 of the Greater London Authority Act 1999 (c. 29) (time of ordinary elections), in subsection (3), after “section 37(2)” insert “ or 37A ”.

Chapter 3E+WConsequential amendments

61Consequential amendmentsE+W

Schedule 2 (electoral arrangements: consequential amendments) has effect.