The Local Authorities (Referendums and Election of Mayors) (England) (Amendment) Regulations 2025

Statutory Instruments

2025 No. 746

LOCAL GOVERNMENT, ENGLAND

The Local Authorities (Referendums and Election of Mayors) (England) (Amendment) Regulations 2025

Made

24th June 2025

Laid before Parliament

25th June 2025

Coming into force

16th July 2025

The Secretary of State for Housing, Communities and Local Government makes these Regulations in exercise of the powers conferred by sections 9HB, 9MC and 105(2) of the Local Government Act 2000(1).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Local Authorities (Referendums and Election of Mayors) (England) (Amendment) Regulations 2025.

(2) These Regulations come into force on 16th July 2025.

(3) These Regulations extend to England and Wales.

Amendment of the Local Authorities (Referendums) (Petitions) (England) Regulations 2011

2.  In the Local Authorities (Referendums) (Petitions) (England) Regulations 2011(2), in regulation 16 (timing of referendum in consequence of valid petition)—

(a) in paragraph (1), for “paragraphs (2) and (3)” substitute “paragraphs (2), (2A) and (3)”;

(b) in paragraph (2), for “Paragraph” substitute “Subject to paragraph (2A), paragraph”;

(c) after paragraph (2) insert—

“(2A) Where the petition date for a valid petition falls within the period beginning with 16th July 2025 and ending with the day before the ordinary day of election in 2026—

(a) paragraphs (1) and (2) shall not apply, and

(b) a referendum in consequence of that valid petition shall be held no later than the end of the period of six months beginning with the ordinary day of election in 2026.”.

Amendment of the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012

3.  In the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012(3), in regulation 3 (first election of mayor)—

(a) in paragraph (1), for “paragraph (1A)” substitute “paragraphs (1A) and (3A)”;

(b) in paragraph (1A), for “Where” substitute “Subject to paragraph (3A), where”;

(c) in paragraph (3), for “If” substitute “Subject to paragraph (3A), if”;

(d) after paragraph (3) insert—

“(3A) If the date of the referendum or the date the mayoral resolution was passed falls within the period beginning with 16th July 2025 and ending with the day before the ordinary day of election in 2026, the first election shall take place on the second ordinary day of election after (as the case may be) the date of the referendum or the date the mayoral resolution was passed.”.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Jim McMahon

Minister of State

Ministry of Housing, Communities and Local Government

24th June 2025

Explanatory Note

(This note is not part of the Regulations)

This instrument amends the Local Authorities (Referendums) (Petitions) (England) Regulations 2011 (S.I. 2011/2914) (the “2011 Regulations”) and the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012 (S.I. 2012/336) (the “2012 Regulations”).

Under Part 1A of the Local Government Act 2000 (c. 22), a local authority must operate a mayor and cabinet executive, a leader and cabinet executive, the committee system, or arrangements prescribed by the Secretary of State.

The 2011 Regulations make provision in connection with the holding of a referendum on whether a local authority should change to a different form of governance where at least 5% of the local government electors in the authority’s area petition the authority. This instrument amends the 2011 Regulations so that, if the petition date falls in the period starting with 16th July 2025 and ending with the day before the ordinary day of election in 2026, a referendum is required to be held no later than six months after the ordinary day of election in 2026.

Where the result of such a referendum is to approve proposals to adopt a mayor and cabinet executive, an election for the return of an elected mayor is required. In certain circumstances, a local authority may also resolve to adopt a mayor and cabinet executive without holding a referendum. This instrument amends the 2012 Regulations so that, if the date of the referendum or resolution falls in the period starting with 16th July 2025 and ending with the day before the ordinary day of election in 2026, the first election of a mayor must take place on the second ordinary day of election after the date of such referendum or resolution.

An explanatory memorandum is available with this instrument on www.legislation.gov.uk.

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.

(1)

2000 c. 22. Sections 9HB and 9MC were inserted into the Local Government Act 2000 (“the 2000 Act”) by Schedule 2 to the Localism Act 2011 (c. 20). That Schedule inserted a new Part 1A, applying to England only, into the 2000 Act.

(2)

S.I. 2011/2914, to which there are amendments not relevant to these Regulations.

(3)

S.I. 2012/336, amended by S.I. 2014/2172; there are other amending instruments but none is relevant.