C25Part I Parliamentary and Local Government Franchise and its Exercise
Conduct of local government elections in England and Wales
C135 Returning officers: local elections in England and Wales.
1
In England F1. . . F2every non-metropolitan county council shall appoint an officer of the council to be the returning officer for elections of councillors of the county and every district council shall appoint an officer of the council to be the returning officer for the elections of councillors of the district and an officer of the council to be the returning officer for elections of councillors of parishes F1. . . within the district.
F31A
In Wales the council of every county or county borough shall appoint—
a
an officer of the council to be the returning officer for elections of councillors of the county or county borough; and
b
an officer of the council to be the returning officer for elections of councillors of communities within the county or county borough.
F42
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52A
Subsections (2B) and (2C) below have effect in relation to the Greater London Authority.
C22B
The returning officer at an election of a constituency member of the London Assembly shall be such a person, or a person of such a description, as may be designated by the Secretary of State in an order made by statutory instrument.
2C
The returning officer—
a
at any election of the Mayor of London,
b
at the election of the London members of the London Assembly at an ordinary election, and
c
for the purposes of section 11 of the 1999 Act (return of London members of the London Assembly otherwise than at an election),
shall be the proper officer of the Greater London Authority.
3
The returning officer at an election of London borough councillors shall be the proper officer of the borough.
F63A
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C3C44
The returning officer at any election mentioned in subsections (1) to (F73 ) above may by writing under his hand appoint one or more persons to discharge all or any of his functions.
5
A local government election in England and Wales is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.
F86
The council for any London borough shall place the services of its officers at the disposal of any person acting as the returning officer at an Authority election for an electoral area situated wholly or partly in the borough.
C536 Local elections in England and Wales.
1
Elections of councillors for local government areas in England and Wales shall be conducted in accordance with rules made by the Secretary of State.
2
Rules made under this section shall apply the parliamentary elections rules in Schedule 1 to this Act, subject to such adaptations, alterations and exceptions as seem appropriate to the Secretary of State.
F92A
As regards the Greater London Authority—
a
Authority elections, and
b
the return of London members of the London Assembly otherwise than at an election,
shall be conducted in accordance with rules made under this subsection by the Secretary of State.
Rules made under this subsection need not comply with the requirements of subsection (2) above.
2B
As regards lists of candidates submitted under paragraph 5 of Schedule 2 to the 1999 Act (election of London members), the provision that may be made by rules under subsection (2A) above includes provision for or in connection with any of the following—
a
the inclusion, withdrawal, addition or removal of persons;
b
cases where a person included in such a list is or becomes, or seeks to become, an individual candidate to be a London member of the London Assembly.
F12F103
Where the polls at—
a
the ordinary election of district councillors for any district ward or an election to fill a casual vacancy occurring in the office of such a councillor, and
are to be taken on the same day and the elections are for related electoral areas, the polls at those elections shall be taken together.
F123AB
Where the polls at—
a
the ordinary election of councillors for any electoral division of a Welsh county or county borough or an election to fill a casual vacancy occurring in the office of such a councillor, and
b
the ordinary election of community councillors for any community or an election to fill a casual vacancy occurring in the office of such a councillor,
are to be taken on the same day and the elections are for related electoral areas, the polls at those elections shall be taken together.
F133AC
Where the polls at—
a
the ordinary election of councillors for any electoral division of a county in England in which there are no district councils or an election to fill a casual vacancy occurring in the office of such a councillor, and
b
the ordinary election of parish councillors for any parish or an election to fill a casual vacancy occurring in the office of such a councillor,
are to be taken on the same day and the elections are for related electoral areas, the polls at those elections shall be taken together.
3A
For the purposes of this section electoral areas are related if they are coterminous or if one is situated within the other.
F143AA
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3B
Where the polls at any elections are combined under this section the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned equally among the elections.
3C
The Secretary of State may by regulations make such provision as he thinks fit in connection with the combining of polls at any elections under this section including provision modifying the Representation of the People Acts in relation to such elections.
C6C7C8C9C10C114
All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor for a principal area (that is, a county, F15a county borough. . . , a district or a London borough) shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council for that area, exceed that scale, be paid by that council.
F164A
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F17C124B
All expenditure properly incurred by a returning officer in relation to the holding of an Authority election shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the Greater London Authority, exceed that scale, be paid by the Greater London Authority.
C135
All expenditure properly incurred by a returning officer in relation to the holding of an election of a parish F18. . . councillor shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the district in which the parish F18. . . is situated, exceed that scale, be paid by the district council, but any expenditure so incurred F19shall, if the district council so require, be repaid to that council by the council of the parish F18. . . for which the election is held..
C8F20C145A
All the expenditure properly incurred by a returning officer in relation to the holding of an election of a community councillor shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the county or county borough in which the community is situated (“the principal council”), exceed that scale, be paid by the principal council; and if the principal council so require, any expenditure so incurred shall be repaid to them by the community council.
C15C9C16C116
Before a poll is taken at an election of a councillor for any local government area in England and Wales the council of that area or, in the case of an election of a parish or community councillor, the council who appointed the returning officer shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.
F21C176A
Subsection (6) above shall apply in relation to an Authority election as it applies in relation to an election of a councillor for any local government area in England and Wales, but taking the reference to the council of the area as a reference to the Greater London Authority.
7
Rules made under this section shall be—
a
made by statutory instrument;
b
subject to annulment in pursuance of a resolution of either House of Parliament.
C1837 Ordinary day of local elections in England and Wales.
F221
In every year the ordinary day of election of councillors is the same for all local government areas in England and Wales and is—
a
the first Thursday in May;
b
such other day as may be fixed by the Secretary of State by order made not later than 1st February in the year preceding F23the year (or, in the case of an order affecting more than one year, the first year) in which the order is to take effect.
F242
As respects Authority elections, the power conferred by subsection (1)(b) above shall include power to make an order fixing a day other than the first Thursday in May as the day on which the poll is to be held at an ordinary election other than the first.
F253
The power to make an order under this section is exercisable by statutory instrument.
37AF42Power to change date of local elections to date of European Parliamentary general election: England
1
The Secretary of State may by order provide that in a year in which a European Parliamentary general election is to be held—
a
the ordinary day of election of councillors for counties in England, districts and London boroughs,
b
the ordinary day of election of councillors for parishes, and
c
as respects Authority elections, the day on which the poll is to be held at an ordinary election,
shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.
2
An order under subsection (1) may make provision under all of paragraphs (a) to (c) or under one or more of those paragraphs.
3
An order under subsection (1) must relate to a single year and must be made at least six months before—
a
the local election day in that year, or
b
if earlier, the date of the poll at the European Parliamentary general election in that year.
4
For this purpose “the local election day” in a particular year is—
a
the first Thursday in May, or
b
if an order has been made under section 37(1)(b) (power to change date of council and Assembly elections) in relation to that year, the day specified in the order.
5
Before making an order under this section, the Secretary of State must consult—
a
the Electoral Commission, and
b
such other persons as he considers appropriate.
6
An order under subsection (1) may make incidental, supplementary or consequential provision or savings.
7
Where the Welsh Ministers make an order under section 37B, the Secretary of State may by order make such consequential provision in relation to elections in England as he thinks fit.
8
The powers under subsections (6) and (7) include power to make—
a
different provision for different purposes;
b
provision disapplying or modifying the application of an enactment or an instrument made under an enactment.
9
An order under this section must be made by statutory instrument.
10
A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
37BPower to change date of local elections to date of European Parliamentary general election: Wales
1
The Welsh Ministers may by order provide that, in a year in which a European Parliamentary general election is to be held, the ordinary day of election of councillors for—
a
counties in Wales and county boroughs, and
b
communities,
shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.
2
An order under subsection (1) may make provision under paragraphs (a) and (b) or under one of those paragraphs.
3
An order under subsection (1) must relate to a single year and must be made at least six months before—
a
the local election day in that year, or
b
if earlier, the date of the poll at the European Parliamentary general election in that year.
4
For this purpose “the local election day” in a particular year is—
a
the first Thursday in May, or
b
if an order has been made under section 37(1)(b) (power to change date of council and Assembly elections) in relation to that year, the day specified in the order.
5
Before making an order under this section, the Welsh Ministers must consult—
a
the Electoral Commission, and
b
such other persons as they consider appropriate.
6
An order under subsection (1) may make incidental, supplementary or consequential provision or savings.
7
Where the Secretary of State makes an order under section 37A, the Welsh Ministers may by order make such consequential provision in relation to elections in Wales as they think fit.
8
The powers under subsections (6) and (7) include power to make—
a
different provision for different purposes;
b
provision disapplying or modifying the application of an enactment or an instrument made under an enactment.
9
An order under this section must be made by statutory instrument.
10
A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.
F2638. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39 Local elections void etc. in England and Wales.
C19C20C211
If in England and Wales at F27a 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 F28. . . 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 F2935 days (computed acccording to section 40 below) beginning with the day fixed as the day of election for the first mentioned election.
F301A
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2
If for any other reason an election to an office under the M1Local Government Act 1972 F31or 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.
C224
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 F32or 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.
C20C215
Where an election is ordered to be held under this section—
a
rules under section 36 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), and
as appear to the High Court, or, as the case may be, the district council F32or Welsh county or county borough council, necessary or expedient for carrying the order into effect;
b
by a F34. . . 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); and
ii
any other enactment relating to such elections.
C237
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.
F358
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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.
40 Timing 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 F36or section 16 of the Representation of the People Act 1985F37or section 3 of the 1999 Actis a F38Saturday, Sunday, Christmas Eve, Christmas Day, Maundy Thursday, Good Friday, bank holiday 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.
F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
C243
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.
Pt. I (ss. 1–66) modified by Representation of the People Act 1985 (c. 50, SIF 42), s. 2(6)