The Local Elections (Ordinary Day of Election 2004) Order 2004

Explanatory Note

(This note is not part of the Order)

This order changes the date of local elections in England in 2004, so that it is the same as the date of the European Parliamentary elections in that year and deals with a number of consequential matters.

The ordinary date for local elections in England is usually the first Thursday in May in each year. Article 2 provides that the ordinary date of elections in 2004 in England shall be changed to be the same as the date of the poll for the European Parliamentary elections. It also provides that in relation to the 2004 elections in England—

• the terms of office of any councillors due to retire following those elections are to be extended;

• the terms of office of councillors elected will be reduced;

• section 16(1) of the Representation of the People Act 1985 shall not apply (this section normally postpones for three weeks any parish elections due to take place on the same date as European Parliamentary and other local elections); and

• references to the expected date of elections in 2004 and to the commencement and termination of terms of office of councillors in any orders made under the powers listed in article 2(4) (which relate to local government boundary changes, the creation of new local government areas and councils and changes to electoral cycles of councils) are to be construed in accordance with the change made by this Order.

Article 3 extends, in relation to local authorities in England, the period during which it is not necessary to hold a by-election prior to the ordinary day of election, so that in relation to elections in 2004 this period will last from 10th November 2003 (the date on which this period would normally start) until the modified ordinary date of election in 2004.

Article 4 extends the date by which joint authorities in England and police authorities in England and Wales must hold their annual meetings until 31st August, so that they can be held after any elections which may affect their composition. It also extends the date by which annual parish meetings in parishes which are having ordinary elections to the parish council in 2004 must take place until the end of July, so that they can be held after any such elections.