The Elections Act 2022 (Commencement No. 10 and Savings) Regulations 2023

Savings

3.—(1) The amendments made by the provisions listed in regulation 2 do not apply to an election or a referendum in relation to which the day of poll, as stated in the notice of election or referendum published in accordance with the relevant rule, is on or before 1st May 2024.

(2) In paragraph (1) the “relevant rule” means (as the case may be)—

(a) in the case of a parliamentary election or an election to the Northern Ireland Assembly, rule 5 of Schedule 1 to the Representation of the People Act 1983(1);

(b) in the case of a local election in Northern Ireland, rule 4 of Schedule 5 to the Electoral Law Act (Northern Ireland) 1962(2);

(c) the corresponding rule to the rule referred to in sub-paragraph (a) in the rules made under—

(i) in the case of a combined authority mayoral election, paragraph 12(1)(a) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009(3);

(ii) in the case of a local authority mayoral election, section 9HE(1)(a) of the Local Government Act 2000(4);

(iii) in the case of a referendum under Part 1A of the Local Government Act 2000, section 9MG(2) or (3) of that Act(5);

(iv) in the case of a referendum under Chapter 4ZA of Part 1 of the Local Government Finance Act 1992, section 52ZQ(1) or (2) of that Act(6);

(v) in the case of a referendum under Schedule 4B to the Town and Country Planning Act 1990(7), paragraph 16(1) of that Schedule;

(vi) in the case of any other local government election, section 36 of the Representation of the People Act 1983(8);

(d) in the case of a ward election in the City of London, section 6 of the Act of Common Council of 14th July 1960(9).

(3) In paragraph (2)—

“combined authority mayoral election” means an election for the return of a mayor as provided for in an order made under Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009;

“local authority mayoral election” means an election in England for the return of an elected mayor as defined by section 9H(1) of the Local Government Act 2000(10);

“local election” has the same meaning as in section 130(1) of the Electoral Law Act (Northern Ireland) 1962(11);

“local government election” has the same meaning as in section 203(1) of the Representation of the People Act 1983(12).

(1)

1983 c. 2. Rule 5 was amended by Part 1 of Schedule 2 and paragraph 74 of Schedule 4 to the Representation of the People Act 1985 (c. 50), by paragraph 10(2) of Schedule 6 to the Representation of the People Act 2000 (c. 2), and by section 19(3) of the Electoral Administration Act 2006 (c. 22). See article 3(1) of, and Schedule 1 to, S.I. 2001/2599, by virtue of which Schedule 1 applies with modifications to elections to the Northern Ireland Assembly.

(2)

1962 c. 14 (N.I.). Schedule 5 was substituted by S.I. 1985/454 and rule 4 was further amended by S.I. 2010/2977.

(3)

2009 c. 20. Schedule 5B was inserted by section 2(2) of, and Schedule 1 to, the Cities and Local Government Devolution Act 2016 (c. 1), and was amended by section 2(2) of the Local Government (Disqualification) Act 2022 (c. 17), by section 13(13) and (14) of, and paragraph 6 of Schedule 5 to, the Elections Act 2022 (c. 37) and by S.I. 2021/1265.

(4)

2000 c. 22. Section 9HE was inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 (c. 20) and amended by S.I. 2013/2597, 2021/1265.

(5)

Part 1A was inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 and was amended by section 190(10) of the Health and Social Care Act 2012 (c. 7), by section 20 of the Cities and Local Government Devolution Act 2016 and by S.I. 2013/594, 2597, 2021/1265. Section 9MG was inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 and was amended by S.I. 2013/2597, 2021/1265.

(6)

1992 c. 14. Chapter 4ZA was inserted by Schedule 5 to the Localism Act 2011 and was amended by section 3(5) to (7) of the Local Government Finance Act 2012 (c. 17), by section 41 of the Local Audit and Accountability Act 2014 (c. 2) and by S.I. 2013/733, 2021/1265. Section 52ZQ was inserted by section 72(1) of, and Schedule 5 to, the Localism Act 2011 and amended by S.I. 2021/1265.

(7)

1990 c. 8. Schedule 4B was inserted by section 116(2) of, and Schedule 10 to, the Localism Act 2011 and was amended by sections 140(1) and 141 of the Housing and Planning Act 2016 (c. 22) and by S.I. 2013/2597, 2018/1232, 2021/1265. It is prospectively amended by section 7 of the Neighbourhood Planning Act 2017 (c. 20) from a date and time to be appointed.

(8)

Section 36 was amended by section 17 of the Representation of the People Act 1985, by section 10 of, and Schedule 17 to, the Local Government Act 1985 (c. 51), by Part 1 of Schedule 13 to the Education Reform Act 1988 (c. 40), by paragraph 68(8) of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19), by paragraph 17 of Schedule 3 to the Local Government and Rating Act 1997 (c. 29), by paragraph 4 of Schedule 3 to the Greater London Authority Act 1999 (c. 29) and by section 13(2) of, and paragraph 2(4) of Schedule 2 to, the Local Government and Elections (Wales) Act 2021 (asc 1), and by S.I. 1991/1730.

(9)

Section 6 of the Act of Common Council made on 14th July 1960 has been amended by section 3 of the Act of Common Council made on 6th November 2008. A copy of either of these Acts of Common Council can be obtained from the Town Clerk’s Department, Guildhall, PO Box 270, London EC2P 2EJ or by emailing [e-mail].

(10)

Section 9H was inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 (c. 20).

(11)

The definition of “local election” in section 130(1) was amended by S.I. 1985/454.

(12)

The definition of “local government election” was amended by paragraph 39(4)(c) of Schedule 3 to the Greater London Authority Act 1999 (c. 29).