Local Government and Public Involvement in Health Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 2 — Electoral arrangements
Chapter 1 — Power of district councils in England to change electoral scheme
21

(c)
how the explanatory document is available in accordance with
subsection (3);
(d)
the address of the council’s principal office.
(5)
It is for the council to decide how those matters are to be publicised.
(6)
An explanatory document is a document which sets out details of the new
5
electoral scheme as it applies to the council.
36
Notice to Electoral Commission
(1)
A council must comply with this section as soon as practicable after passing a
resolution for whole-council elections.
(2)
The council must give the Electoral Commission notice that it has passed the
10
resolution.
Power of district councils to revert to partial-council elections
37
Resolution for elections by halves
(1)
A non-metropolitan district council in England that—
(a)
was formerly subject to a scheme for elections by halves, but
15
(b)
is for the time being subject to a scheme for whole-council elections,

may resolve that it is to revert to being subject to a scheme for elections by
halves.
(2)
For the purposes of this section, a council that is subject to a scheme for whole-
council elections was “formerly subject” to a scheme for elections by halves if
20
it was subject to such a scheme at any time in the period beginning with—
(a)
1 April 1974, or
(b)
if later, the date on which the council was created.
(3)
A resolution under this section is referred to in this Chapter as a “resolution for
elections by halves”.
25
38
Resolution for elections by halves: requirements
(1)
A council must comply with this section in passing a resolution for elections by
halves.
(2)
The council must not pass the resolution unless it has taken reasonable steps to
consult such persons as it thinks appropriate on the proposed change.
30
(3)
The resolution must be passed—
(a)
at a meeting specially convened for the purpose, and
(b)
by a majority of at least two thirds of the members voting on it.
(4)
The council must pass the resolution in a permitted resolution period.
(5)
In this section “permitted resolution period” means the period in 2008, or in
35
any fourth year afterwards, that starts with 1 October and ends with 31
December.
(6)
The Secretary of State may by order provide that a permitted resolution period
is to end later than the day determined in accordance with subsection (5).

Local Government and Public Involvement in Health Bill
Part 2 — Electoral arrangements
Chapter 1 — Power of district councils in England to change electoral scheme
22

39
Resolution for elections by thirds
(1)
A district council in England that—
(a)
was formerly subject to a scheme for elections by thirds, but
(b)
is for the time being subject to a scheme for whole-council elections,

may resolve that it is to revert to being subject to a scheme for elections by
5
thirds.
(2)
For the purposes of this section, a council that is subject to a scheme for whole-
council elections was “formerly subject” to a scheme for elections by thirds if it
was subject to such a scheme at any time in the period beginning with—
(a)
1 April 1974, or
10
(b)
if later, the date on which the council was created.
(3)
A resolution under this section is referred to in this Chapter as a “resolution for
elections by thirds”.
40
Resolution for elections by thirds: requirements
(1)
A council must comply with this section in passing a resolution for elections by
15
thirds.
(2)
The council must not pass the resolution unless it has taken reasonable steps to
consult such persons as it thinks appropriate on the proposed change.
(3)
The resolution must be passed—
(a)
at a meeting specially convened for the purpose, and
20
(b)
by a majority of at least two thirds of the members voting on it.
(4)
The council must pass the resolution in a permitted resolution period.
(5)
In this section “permitted resolution period” means—
(a)
in relation to a metropolitan district council: the period in 2011, or in
any fourth year afterwards, that starts with 1 October and ends with 31
25
December;
(b)
in relation to a non-metropolitan district council: the period in 2008, or
in any fourth year afterwards, that starts with 1 October and ends with
31 December.
(6)
The Secretary of State may by order provide that a permitted resolution period
30
is to end later than the day determined in accordance with subsection (5).
41
Publicity for resolution
(1)
A council must comply with this section as soon as practicable after passing a
resolution for elections by halves or a resolution for elections by thirds.
(2)
The council must produce an explanatory document.
35
(3)
The council must make the explanatory document—
(a)
available for public inspection at the council’s principal office at all
reasonable times, and
(b)
available to the public by such other means as the council thinks
appropriate.
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(4)
The council must publicise these matters—

Local Government and Public Involvement in Health Bill
Part 2 — Electoral arrangements
Chapter 1 — Power of district councils in England to change electoral scheme
23

(a)
that the council has resolved to become subject to the new electoral
scheme;
(b)
that the Electoral Commission is to make provision by order about the
operation of, and transition to, the new electoral scheme;
(c)
how the explanatory document is available in accordance with
5
subsection (3);
(d)
the address of the council’s principal office.
(5)
It is for the council to decide how these matters are to be publicised.
(6)
An explanatory document is a document which sets out details of the new
electoral scheme (so far as the details are known at the time the document is
10
prepared).
42
Notice to Electoral Commission
(1)
A council must comply with this section as soon as practicable after passing a
resolution for elections by halves or a resolution for elections by thirds.
(2)
The council must give the Electoral Commission notice that it has passed the
15
resolution.
43
Electoral Commission to consider whether electoral review is necessary
(1)
This section applies if the Electoral Commission receive notice under section 42
that a council has passed a resolution for elections by halves or a resolution for
elections by thirds.
20
(2)
As soon as practicable after receiving the notice, the Commission must
consider whether to exercise their power under section 13(3) of the Local
Government Act 1992 (c. 19) to direct the Boundary Committee to conduct a
review of the district in question (or any part of it).
(3)
As soon as practicable after deciding whether or not to direct the Boundary
25
Committee to conduct an electoral review, the Commission must give the
council notice of the decision.
44
Electoral Commission to make order for new electoral scheme
(1)
Where the Electoral Commission receive notice under section 42 that a council
has passed a resolution, they must—
30
(a)
in the case of a resolution for elections by halves, make an order for
elections by halves in relation to the council (see sections 45 and 46);
(b)
in the case of a resolution for elections by thirds, make an order for
elections by thirds in relation to the council (see sections 47 and 48).
(2)
But the Commission must not make the order—
35
(a)
before they have decided whether or not to give the Boundary
Committee a direction to conduct an electoral review (see section 43(2)),
or
(b)
if they give such a direction, before the Boundary Committee have
concluded the review.
40

Local Government and Public Involvement in Health Bill
Part 2 — Electoral arrangements
Chapter 1 — Power of district councils in England to change electoral scheme
24

45
Order for elections by halves: years in which elections are to be held
(1)
An order for elections by halves in relation to a council must secure that the
ordinary elections of councillors of the council are held in years determined in
accordance with this section.
(2)
Ordinary elections of the councillors of the council are to be held in—
5
(a)
the first relevant year after the year in which the Electoral Commission
make the order, and
(b)
each subsequent year for elections by halves.
(3)
In this section—
“relevant year” means 2011 and every fourth year afterwards;
10
“year for elections by halves” means 2012 and every second year
afterwards.
46
Orders for elections by halves: councillors to be elected at ordinary elections
(1)
An order for elections by halves in relation to a council must make provision
for the election and retirement of councillors in accordance with this section.
15
(2)
In the case of the ordinary elections held in the year determined in accordance
with section 45(2)(a)—
(a)
all of the councillors are to be elected;
(b)
on the fourth day after the elections are held—
(i)
the councillors elected in those elections are to come into office,
20
and
(ii)
all of the sitting councillors are to retire.
(3)
In the case of ordinary elections held subsequently—
(a)
one half (or as nearly as may be) of the councillors are to be elected;
(b)
on the fourth day after the elections are held—
25
(i)
the councillors elected in those elections are to come into office,
and
(ii)
the specified sitting councillors are to retire.
(4)
The order must include provision for identifying which councillors are to retire
in each year in which ordinary elections are to be held (other than the first),
30
including provision for identifying—
(a)
the wards affected;
(b)
the councillors affected within particular wards.
(5)
In this section “specified sitting councillors”, in relation to ordinary elections,
means the sitting councillors who are to retire in the year of those elections by
35
virtue of the order.
47
Order for elections by thirds: years in which elections are to be held
(1)
An order for elections by thirds in relation to a council must secure that the
ordinary elections of councillors of the council are held in years determined in
accordance with this section.
40
(2)
Ordinary elections of the councillors of the council are to be held in—
(a)
the first relevant year after the year in which the Electoral Commission
make the order, and

Local Government and Public Involvement in Health Bill
Part 2 — Electoral arrangements
Chapter 1 — Power of district councils in England to change electoral scheme
25

(b)
each subsequent year, unless it is a fallow year.
(3)
In this section—
“fallow year” means 2013 and every fourth year afterwards;
“relevant year” means—
(a)
in relation to a metropolitan district council: 2014 and every
5
fourth year afterwards;
(b)
in relation to a non-metropolitan district council: 2011 and
every fourth year afterwards.
48
Order for elections by thirds: councillors to be elected at ordinary elections
(1)
An order for elections by thirds in relation to a council must make provision
10
for the election and retirement of councillors in accordance with this section.
(2)
In the case of the ordinary elections held in the year determined in accordance
with section 47(2)(a)—
(a)
all of the councillors are to be elected;
(b)
on the fourth day after the elections are held—
15
(i)
the councillors elected in those elections are to come into office,
and
(ii)
all of the sitting councillors are to retire.
(3)
In the case of ordinary elections held subsequently—
(a)
one third (or as nearly as may be) of the councillors are to be elected;
20
(b)
on the fourth day after the elections are held—
(i)
the councillors elected in those elections are to come into office,
and
(ii)
the specified sitting councillors are to retire.
(4)
The order must include provision for identifying which councillors are to retire
25
in each year in which ordinary elections are to be held (other than the first),
including provision for identifying—
(a)
the wards affected;
(b)
the councillors affected within particular wards.
(5)
In this section “specified sitting councillors”, in relation to ordinary elections,
30
means the sitting councillors who are to retire in the year of those elections by
virtue of the order.
49
Order for elections by halves or elections by thirds: transitional provision
(1)
An order under section 44 (order for elections by halves or for elections by
thirds) may include provision about the transition to the council’s new
35
electoral scheme.
(2)
Provision made by virtue of this section may, in particular, include provision
for the retirement of some councillors after their initial election at times
different from those otherwise applying, and for identifying which of them are
so to retire.
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