Power of district councils to revert to partial-council elections
Section 37: Resolution for elections by halves
120.This section enables a non-metropolitan district council that is operating whole-council elections but has, at some point since 1 April 1974, previously operated elections by halves to resolve to return to elections by halves.
Section 38: Resolution for elections by halves: requirements
121.Section 38 requires a resolution for elections by halves to be passed during a specified period. The resolution must be passed by a majority of at least two-thirds of members voting at a specially convened meeting of which notice of the object has been given. Section 38(7) enables the Secretary of State to extend the period during which the decision must be taken.
Section 39: Resolution for elections by thirds
122.This section enables a council that is operating whole-council elections but has, at some point since 1 April 1974, previously operated elections by thirds to resolve to return to elections by thirds.
Section 40: Resolutions for elections by thirds: requirements
123.Section 40 requires a resolution for elections by thirds to be passed during a specified period. This period differs according to whether the council is a metropolitan district council or a non-metropolitan one. The resolution must be passed by a majority of at least two-thirds of members voting at a specially convened meeting of which notice of the object has been given. Section 40(7) enables the Secretary of State to extend the period during which the decision must be taken.
Sections 41 and 42: Publicity for resolution and Notice to Electoral Commission
124.These sections are similar to the provisions made as to publicity for a resolution and notice to the Electoral Commission in sections 35 and 36 but are concerned with cases in which a council has resolved to become subject to a scheme for partial-council elections.
Section 43: Electoral Commission to consider whether electoral review is necessary
125.Section 43 places a duty on the Electoral Commission to consider whether or not an electoral review is necessary where a council has resolved to become subject to a scheme for partial-council elections. The Electoral Commission may decide a review is necessary where the number of councillors per ward is not the appropriate number of councillors as set out in section 13(5) of the Local Government Act 1992, which is amended by section 56 of this Act. If they decide that a review is necessary they can direct the Boundary Committee to conduct a review using their existing powers under section 13(3) of the Local Government Act 1992.
Section 44: Electoral Commission to make order for new electoral scheme
126.This section requires the Electoral Commission to make an order setting out details of what a council’s resolution to move to elections by halves or by thirds will mean in practice. Where the council is moving to elections by halves the order is called an “order for elections by halves”. Where the council is moving to elections by thirds the order is called an “order for elections by thirds”. Subsection (2) ensures that, if the council’s resolution has triggered an electoral review by the Boundary Committee, the Electoral Commission’s order does not pre-empt the Committee’s recommendations.
Section 45: Order for elections by halves: years in which elections are to be held
127.Section 45 requires an order for elections by halves to secure that elections are held in the years determined in accordance with the section. The first ordinary elections under the new scheme will be whole-council elections (see section 46(2)) which must be held in a relevant year; that year being 2011 and every fourth year afterwards. Subsequent ordinary elections must be held in a year for elections by halves, that year being 2012 and every second year afterwards. This follows the pattern that has been established for non-metropolitan district councils that are already subject to a scheme for elections by halves.
Section 46: Order for elections by halves: councillors to be elected at ordinary elections
128.This section makes further provision about the detail that must be included in an order for elections by halves. In particular, it sets out what the order must say about when each of the councillors is to be elected, and when he or she is to retire. It provides (in subsection (2)) that the first ordinary elections under the new regime must be whole-council elections.
Section 47: Order for elections by thirds: years in which elections are to be held
129.Section 47 requires an order for elections by thirds to secure that elections are held in the years specified in that section. The first ordinary elections under the new scheme will be whole-council elections which must be held in a relevant year; that year being, in relation to a metropolitan district council, 2014 and every fourth year afterwards and, in relation to a non-metropolitan district council, 2011 and every fourth year afterwards. Subsequent ordinary elections will be held in each subsequent year, unless it is a fallow year; a fallow year being 2013 and every fourth year afterwards. This follows the pattern that has been established for metropolitan district councils and non-metropolitan district councils respectively that are already subject to a scheme for elections by thirds.
Section 48: Order for elections by thirds: councillors to be elected at ordinary elections
130.This section makes further provision about the detail that must be included in an order for elections by thirds. In particular, it sets out what the order must say about when each of the councillors is to be elected, and when he or she is to retire. It provides (in subsection (2)) that the first ordinary elections under the new regime must be whole-council elections.
Section 49: Order for elections by halves or elections by thirds: transitional provision
131.Section 49 allows the Electoral Commission to include in an order for partial-council elections provision about the transition to the council’s new scheme, including provision for some councillors to retire at times different from those otherwise applying and for identifying which of them are so to retire.
Section 50: Powers of Electoral Commission to make incidental etc provision
132.This section allows the Electoral Commission to make incidental, consequential, transitional or supplemental provision in connection with any order for partial-council elections.
Section 51: Position if Electoral Commission act under existing powers
133.This section is concerned with a case in which the Electoral Commission has directed the Boundary Committee to conduct a review (see section 43(2)) and in response to that request the Boundary Committee make recommendations for electoral changes. It ensures that the Electoral Commission is not required by the Act to include anything in the order for elections by halves or for elections by thirds that they deal with in an order made under existing powers in section 17 of the Local Government Act 1992.
Section 52: Publicity for order by Electoral Commission
134.As soon as possible after the Electoral Commission has made an partial-council elections order, the council must, in a manner it sees fit, publicise the fact that it is now subject to a new electoral scheme and produce an explanatory document.
