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Local Government and Public Involvement in Health Act 2007

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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.

(4)The council must pass the resolution in a permitted resolution period.

(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.

(6)In this section “permitted resolution period” means—

(a)in relation to a metropolitan district council—

(i)the period ending with 31 December 2009, or

(ii)the period in 2013, or in any fourth year afterwards, that starts with the day after that council's annual meeting and ends with 31 December;

(b)in relation to a non-metropolitan district council—

(i)the period ending with 31 December 2010, or

(ii)the period in 2014, or in any fourth year afterwards, that starts with the day after that council's annual meeting and ends with 31 December.

(7)The Secretary of State may by order provide that a permitted resolution period is to end later than the day determined in accordance with subsection (6).

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—

(a)the election year which follows the end of the resolution period, and

(b)every election 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.

(5)In this section—

  • election year” means—

    (a)

    in relation to a metropolitan district council: 2010 and every fourth year afterwards;

    (b)

    in relation to a non-metropolitan district council: 2011 and every fourth year afterwards;

  • resolution period” means the permitted resolution period in which the council passes a resolution for whole-council elections.

(6)If the council passes a resolution for whole-council elections in a permitted resolution period which has been extended by an order under section 33(7), subsection (2)(a) has effect as if it referred to the election year in which that period ends.

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 Electoral CommissionE+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 Electoral Commission notice that it has passed the resolution.

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