C6C8C9C11C10C12C13C14C15 Part I Parliamentary and Local Government Franchise and its Exercise

Annotations:
Modifications etc. (not altering text)

Conduct of local government elections in England and Wales

C7C17C16C18C1939 Local elections void etc. in England and Wales.

C1C2C31

If in England and Wales at F1a local government election, other than an election for the return of the London members of the London Assembly,—

a

the poll is countermanded or abandoned for any reason, or

b

no person is or remains, or an insufficient number of persons are or remain, validly nominated to fill the vacancy or vacancies in respect of which the election is held,

the returning officer F2. . . shall order an election to fill any vacancy which remains unfilled to be held on a day appointed by him.

That day shall be within the period of F335 days (computed acccording to section 40 below) beginning with the day fixed as the day of election for the first mentioned election.

F41A

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

2

If for any other reason an election to an office under the M1Local Government Act 1972 F5or the 1999 Act . . . , other than that of chairman of a parish or community council or parish meeting or parish or community councillor, is not held on the appointed day or within the appointed time, or fails either wholly or in part or becomes void, the High Court may order an election to be held on a day appointed by the court.

3

The High Court may order that the costs incurred by any person in connection with proceedings under subsection (2) above shall be paid by the local authority concerned.

C44

In a case not falling within subsection (1) above—

a

if any difficulty arises with respect to an election of parish or community councillors or of an individual parish or community councillor, or to the first meeting of a parish or community council after an ordinary election of parish or community councillors, or

b

if a parish or community council is not properly constituted because an election is not held or is defective or for any other reason,

the district council F6or Welsh county or county borough council—

i

may by order make any appointment or do anything which appears to them necessary or expedient for the proper holding of such an election or meeting and properly constituting the council, and

ii

may, if it appears to them necessary, direct the holding of an election or meeting and fix the date for it.

C2C35

Where an election is ordered to be held under this section—

a

rules under section 36 F10or section 36A above relating to the notice to be given of an election and the manner in which an election is to be conducted apply in relation to the election so ordered to be held as they applied or would have applied in relation to the election which has not been duly held or has failed or become void;

b

no fresh nomination is necessary in the case of a candidate who remains validly nominated for that election.

6

An order made—

a

under this section may include such modifications of the provisions of—

i

this Part of this Act (and the rules under section 36 F11or section 36A), and

ii

the M2Local Government Act 1972 F7or the 1999 Act . . . ,

as appear to the High Court, or, as the case may be, the district council F6or Welsh county or county borough council, necessary or expedient for carrying the order into effect;

b

by a F8. . . council under subsection (4) above with respect to an election of parish or community councillors may modify the provisions of—

i

this Act (and the rules with respect to such elections under section 36 F12or section 36A); and

ii

any other enactment relating to such elections.

C57

In the case of a common parish council under which are grouped, by virtue of section 11(5) of the Local Government Act 1972 (grouping of parishes), parishes situated in different districts, references in subsections (4) and (6) above to the district council shall be construed as references to the council of the district in which there is the greater number of local government electors for the parishes in the group.

F98

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9

If a municipal election in a London borough is not held on the appointed day or within the appointed time or becomes void, the municipal corporation shall not thereby be dissolved or be disabled from acting.