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
20

(6)
In this section “permitted resolution period” means—
(a)
in relation to a metropolitan district council—
(i)
the period ending with 31 December 2009, or
(ii)
the period in 2013, or in any fourth year afterwards, that starts
with the day after that council’s annual meeting and ends with
5
31 December;
(b)
in relation to a non-metropolitan district council—
(i)
the period ending with 31 December 2010, or
(ii)
the period in 2014, or in any fourth year afterwards, that starts
with the day after that council’s annual meeting and ends with
10
31 December.
(7)
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 (6).
34
Scheme for whole-council elections
(1)
On passing a resolution for whole-council elections, a council becomes subject
15
to the following electoral scheme.
(2)
Ordinary elections of the councillors of the council are to be held in—
(a)
the election year which follows the end of the resolution period, and
(b)
every election year afterwards.
(3)
All councillors are to be elected in each year in which ordinary elections are
20
held.
(4)
On the fourth day after ordinary elections are held—
(a)
the councillors elected in those elections are to come into office, and
(b)
the sitting councillors are to retire.
(5)
In this section—
25
“election year” means—
(a)
in relation to a metropolitan district council: 2010 and every
fourth year afterwards;
(b)
in relation to a non-metropolitan district council: 2011 and
every fourth year afterwards;
30
“resolution period” means the permitted resolution period in which the
council passes a resolution for whole-council elections.
(6)
If the council passes a resolution for whole-council elections in a permitted
resolution period which has been extended by an order under section 33(6),
subsection (2)(a) has effect as if it referred to the election year in which that
35
period ends.
35
Publicity
(1)
A council must comply with this section as soon as practicable after passing a
resolution for whole-council elections.
(2)
The council must produce an explanatory document.
40
(3)
The council must make the explanatory document—
(a)
available for public inspection at the council’s principal office at all
reasonable times, 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
21

(b)
available to the public by such other means as the council thinks
appropriate.
(4)
The council must publicise these matters—
(a)
that the council has become subject to the scheme for whole-council
elections under section 34;
5
(b)
when elections will first take place in accordance with the scheme;
(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.
10
(6)
An explanatory document is a document which sets out details of the new
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.
15
(2)
The council must give the Electoral Commission notice that it has passed the
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—
20
(a)
was formerly subject to a scheme for elections by halves, 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
halves.
(2)
For the purposes of this section, a council that is subject to a scheme for whole-
25
council elections was “formerly subject” to a scheme for elections by halves if
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
30
elections by halves”.
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
35
consult such persons as it thinks appropriate on the proposed change.
(3)
The resolution must be passed—
(a)
at a meeting which is specially convened for the purpose of deciding
the resolution with notice of the object, and
(b)
by a majority of at least two thirds of the members voting on it.
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
22

(4)
The council must pass the resolution in a permitted resolution period.
(5)
In subsection (3) the reference to the members of the council includes—
(a)
in a case where the council are operating a mayor and cabinet
executive, the elected mayor of the council;
(b)
in a case where the council are operating an elected executive, the
5
members of the elected executive of the council.
(6)
In this section “permitted resolution period” means the period in 2008, or in
any fourth year afterwards, that starts with the day after that council’s annual
meeting and ends with 31 December.
(7)
The Secretary of State may by order provide that a permitted resolution period
10
is to end later than the day determined in accordance with subsection (6).
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,
15

may resolve that it is to revert to being subject to a scheme for elections by
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—
20
(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 thirds”.
40
Resolution for elections by thirds: requirements
25
(1)
A council must comply with this section in passing a resolution for elections by
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—
30
(a)
at a meeting which is specially convened for the purpose of deciding
the resolution with notice of the object, 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 subsection (3) the reference to the members of the council includes—
35
(a)
in a case where the council are operating a mayor and cabinet
executive, the elected mayor of the council;
(b)
in a case where the council are operating an elected executive, the
members of the elected executive of the council.
(6)
In this section “permitted resolution period” means—
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
23

(a)
in relation to a metropolitan district council: the period in 2011, or in
any fourth year afterwards, that starts with the day after that council’s
annual meeting and ends with 31 December;
(b)
in relation to a non-metropolitan district council: the period in 2008, or
in any fourth year afterwards, that starts with the day after that
5
council’s annual meeting and ends with 31 December.
(7)
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 (6).
41
Publicity for resolution
(1)
A council must comply with this section as soon as practicable after passing a
10
resolution for elections by halves or a resolution for elections by thirds.
(2)
The council must produce an explanatory document.
(3)
The council must make the explanatory document—
(a)
available for public inspection at the council’s principal office at all
reasonable times, and
15
(b)
available to the public by such other means as the council thinks
appropriate.
(4)
The council must publicise these matters—
(a)
that the council has resolved to become subject to the new electoral
scheme;
20
(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
subsection (3);
(d)
the address of the council’s principal office.
25
(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
prepared).
42
Notice to Electoral Commission
30
(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
resolution.
43
Electoral Commission to consider whether electoral review is necessary
35
(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.
(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
40
Government Act 1992 (c. 19) to direct the Boundary Committee to conduct a
review of the district in question (or any part of it).

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

(3)
As soon as practicable after deciding whether or not to direct the Boundary
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
5
has passed a resolution, they must—
(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).
10
(2)
But the Commission must not make the order—
(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
15
concluded the review.
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.
20
(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
(b)
each subsequent year for elections by halves.
(3)
In this section—
25
“relevant year” means 2011 and every fourth year afterwards;
“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
30
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 45(2)(a)—
(a)
all of the councillors are to be elected;
(b)
on the fourth day after the elections are held—
35
(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 half (or as nearly as may be) of the councillors are to be elected;
40
(b)
on the fourth day after the elections are held—
(i)
the councillors elected in those elections are to come into office,
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

(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),
including provision for identifying—
(a)
the wards affected;
5
(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
virtue of the order.
47
Order for elections by thirds: years in which elections are to be held
10
(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.
(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
15
make the order, and
(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—
20
(a)
in relation to a metropolitan district council: 2014 and every
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
25
(1)
An order for elections by thirds in relation to a council must make provision
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;
30
(b)
on the fourth day after the elections are held—
(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—
35
(a)
one third (or as nearly as may be) 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,
and
(ii)
the specified sitting councillors are to retire.
40
(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),
including provision for identifying—

Local Government and Public Involvement in Health Bill
Part 2 — Electoral arrangements
Chapter 1 — Power of district councils in England to change electoral scheme
26

(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
virtue of the order.
5
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
electoral scheme.
(2)
Provision made by virtue of this section may, in particular, include provision
10
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.
50
Power of Electoral Commission to make incidental etc provision
The Commission may by order make incidental, consequential, transitional or
15
supplemental provision in connection with provision made by order under
section 44 (order for elections by halves or for elections by thirds).
51
Position if Electoral Commission act under existing powers
In a case in which—
(a)
the Commission give the Boundary Committee a direction to conduct
20
an electoral review (see section 43(2)), and
(b)
in response to that request the Boundary Committee make
recommendations to the Commission for electoral changes,
nothing in this Chapter requires the Commission to make any provision in
relation to matters dealt with, or to be dealt with, by the Commission in an
25
order under section 17 of the Local Government Act 1992 (c. 19) giving effect to
those recommendations.
52
Publicity for order by Electoral Commission
(1)
A council must comply with this section as soon as practicable after the
Electoral Commission have made an order under section 44 (order for elections
30
by halves or for elections by thirds) in relation to it.
(2)
The council must produce an explanatory document.
(3)
The council must make the explanatory document—
(a)
available for public inspection at the council’s principal office at all
reasonable times, and
35
(b)
available to the public by such other means as the council thinks
appropriate.
(4)
The council must publicise these matters—
(a)
that the council has become subject to the new electoral scheme;
(b)
how the explanatory document is available in accordance with
40
subsection (3);
(c)
the address of the council’s principal office.