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Representation of the People Act 1983

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This is the original version (as it was originally enacted).

40Timing as to local elections in England and Wales

(1)When the day on which anything is required to be done by section 37 or section 39 above is a Sunday, day of the Christmas break, of the Easter break or of a bank holiday break or a day appointed for public thanksgiving or mourning, the requirement shall be deemed to relate to the first day thereafter which is not one of the days specified above.

In this subsection—

  • "bank holiday break" means any bank holiday not included in the Christmas break or the Easter break and the period beginning with the last week day before that bank holiday and ending with the next week day which is not a bank holiday ;

  • " Christmas break " means the period beginning with the last day before Christmas Day and ending with the first week day after Christmas Day which is not a bank holiday;

  • "Easter break" means the period beginning with the Thursday before and ending with the Tuesday after Easter day.

(2)Where under subsection (1) above the day of election is postponed, the day to which it is postponed shall be treated for the purposes of this Act and the [1972 c. 70.] Local Government Act 1972 as the day of election.

(3)In computing any period of time for the purpose of any rules under section 36 above or for the purposes of section 39 any day specified in subsection (1) shall be disregarded; but where between the giving of a notice of election and the completion of the poll a day is declared to be a bank holiday or day of public thanksgiving or mourning, the foregoing provision, so far as it relates to any such rules, shall not operate to invalidate any act which would have been valid apart from that provision.

This subsection, so far as it relates to any such rules, has effect subject to the provisions of those rules.

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