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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.

 
 

 
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