The Local Authorities (Changes to Years of Ordinary Elections) (England) Order 2025

Explanatory Note

(This note is not part of the Order)

This Order changes the year of ordinary election of councillors for those English councils specified in article 2 from 2025 to 2026. The years in which subsequent ordinary elections of councillors for those councils take place are not changed by this Order, except for Thurrock Council for which subsequent ordinary elections of councillors are, as a result of this Order, to be held in 2030 and every four years thereafter.

Article 3 extends the term of office of existing councillors of those authorities, and shortens the term of office for those councillors elected to those authorities (other than Thurrock Council) in 2026, as a consequence of the change.

Article 4 provides for the filling of certain casual vacancies by by-election where the casual vacancy occurred during the period of six months before the date on which the councillor whose office is vacant would otherwise retire but before the coming into force of this Order. Article 4 applies where, but for this Order, the election to fill that vacancy would have been held on the ordinary day of election of councillors in 2025. Article 4(2) allows the returning officer to hold a by-election to fill such a casual vacancy at a time between the coming into force of this Order and 1st May 2025, even where this would be after the end of the period of thirty-five working days (beginning with the day on which the vacancy occurs) in which an election would otherwise be required to be held. Article 4(3) provides that a councillor elected to fill such a vacancy retires on the fourth day after the ordinary day of election of councillors in 2026.

Article 5 makes consequential amendments. Article 5(1) and (2) amends legislation which makes changes to electoral divisions used for the purposes of elections for the specified local authorities, so that those changes come into force in 2026 rather than 2025. Article 5(3) amends article 2 of the Borough of Thurrock (Scheme of Elections) Order 2024 (S.I. 2024/543) so that the change of the scheme of election for Thurrock Council provided for in that Order takes effect in 2026 rather than 2025.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.