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The Cumbria (Changes to Years of Elections) Order 2021 in England

S.I. 2021/174 · Made 22 February 2021

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Local Government, England

Made 22nd February 2021

Laid before Parliament 24th February 2021

Coming into force 18th March 2021

The Secretary of State makes the following Order in exercise of the powers conferred by sections 87 and 105 of the Local Government Act 2000f1(“the 2000 Act”).

Annotations to the whole text

Footnotes

f1

2000 c. 22.

Contents

  1. 1Citation and commencement
  2. 2Specified authorities
  3. 3Changes to years of elections
  4. 4Retirement of councillors
  5. 5Consequential provision: by-elections of councillors
  6. Signature
  7. Explanatory note

1Citation and commencement

This Order may be cited as the Cumbria (Changes to Years of Elections) Order 2021 and comes into force on 18th March 2021.

2Specified authorities

The following local authorities (“the relevant councils”) are specified under section 87 of the 2000 Act for the purposes of this Order—

(a)

Cumbria County Council;

(b)

Carlisle City Council; and

(c)

South Lakeland District Council.

3Changes to years of elections

The ordinary elections of councillors of the relevant councils that would, but for this Order, have taken place on the ordinary day of election of councillorsf1 in 2021 shall instead take place on the ordinary day of election of councillors in 2022.

4Retirement of councillors

Any councillor of a relevant council holding office immediately before the fourth day after the ordinary day of election of councillors in 2021 who would, but for this Order, have retired on that date shall, unless the councillor resigns or the office of councillor otherwise becomes vacant, retire instead on the fourth day after the ordinary day of election of councillors in 2022.

5Consequential provision: by-elections of councillors

Regulation 5 of the Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020f1 applies in relation to the relevant councils as if paragraph (2) were omitted.

Signature

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

Luke Hall

Minister of State

Ministry of Housing, Communities and Local Government

22nd February 2021

Explanatory note

(This note is not part of the Order)

This Order changes the year of the ordinary elections of councillors of Cumbria County Council, Carlisle City Council and South Lakeland District Council.

Article 3 provides that the ordinary election of councillors for those councils, which would have taken place in 2021 will instead take place in 2022. The years in which subsequent ordinary elections of councillors for those councils take place are not changed by this Order.

Article 4 provides that councillors, who would have retired in 2021, will instead retire in 2022.

Article 5 makes consequential provision, modifying the application of the Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020 (S.I. 2020/395). The modification allows by-elections to the relevant councils which have been postponed to the ordinary day of election of councillors in 2021 to take place on that day.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector. The impact on the public sector is potentially positive as, if a decision is subsequently made to abolish Cumbria County Council, Carlisle City Council or South Lakeland District Council, it will save the costs of holding elections for new councillors who could be members of those councils for short terms, before they are dissolved.