The Cornwall (Structural Change) Order 2008

PART 5 ELECTORAL MATTERS

Cancellation of district council elections in 2008, etc

13.—(1) Notwithstanding section 7(8) and (9) of the 1972 Act (elections of councillors)—

(a) elections shall not be held in 2008 for the return of councillors to any of the district councils; and

(b) the term of office of councillors elected to any of the district councils in 2004, 2006 or 2007 shall end on 1st April 2009(1).

(2) Nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall authorise the holding of an election to fill a casual vacancy in the office of councillor of any of the district councils where that vacancy arises after 30th September 2008 and before 1st April 2009.

Cancellation of parish council elections, etc

14.—(1) Notwithstanding section 16(3) of the 1972 Act (election of parish councillors)—

(a) elections shall not be held in 2008 for the return of councillors to the council of the parish of Ludgvan or Towednack(2);

(b) elections of parish councillors for the parishes of Ludgvan and Towednack shall be held on the ordinary day of election of councillors in 2009 and every four years thereafter; and

(c) the term of office of councillors elected to those parishes in 2003 or at any subsequent by-election before the ordinary day of election of councillors in 2009, shall end on the fourth day after the ordinary day of election of councillors in 2009(3).

(2) Notwithstanding section 16(3) of the 1972 Act (election of parish councillors)—

(a) elections shall not be held in 2011 for the return of councillors to the council of any parish within Cornwall;

(b) elections of parish councillors for those parishes in which, but for sub-paragraph (a), elections would have been held in 2011 shall be held on the ordinary day of election of councillors in 2013 and every four years thereafter.

(c) the term of office of parish councillors elected in 2007 or at any subsequent by-election before the ordinary day of election of councillors in 2013, shall end on the fourth day after the ordinary day of election of councillors in 2013.

(1)

Under section 7(9) of the Local Government Act 1972, the term of office of councillors of non-metropolitan district councils is four years.

(2)

Elections in those parishes were moved from 2007 to 2008 by the District of Penwith (Electoral Changes) Order 2002 (S.I. 2002/2593).

(3)

Under section 16(3) of the Local Government Act 1972, the term of office of parish councillors is four years.