Section 64 Limit on delay of election in connection with local government reorganisationI1

England and Wales

(1)

An election timing order (the “invalid order”) has no effect if—

(a)

the order relates to an election of councillors of an English principal council (the “affected election”),

(b)

the order is made for a reason which relates to a process of local government reorganisation affecting that council (the “reorganisation process”), whether that process is proposed or has begun at the time when the order is made, and

(c)

the order would delay the affected election by more than 53 weeks.

(2)

For the purposes of this section—

(a)

“process of local government reorganisation affecting” an English principal council means—

(i)

the Secretary of State giving that council an invitation or direction under section 2 or 2A of LGPIHA 2007, or

(ii)

the Local Government Boundary Commission making a recommendation for a boundary change relating to that council to the Secretary of State under section 8 of LGPIHA 2007;

(b)

it does not matter if the reason which relates to the reorganisation process is the only reason, or one of several reasons, for the election timing order being made;

(c)

the circumstances in which a process of local government reorganisation affecting a council “is proposed” include circumstances in which the Secretary of State has notified the council that the Secretary of State might give that council an invitation or direction under section 2 or 2A of LGPIHA 2007;

(d)

an election timing order delays an election by more than 53 weeks if, as a result of the order, the election would take place after the end of the period of 53 weeks beginning with the original election date;

(e)

it does not matter if the delay by more than 53 weeks would result—

(i)

solely from the invalid order, or

(ii)

from the cumulative effect of the invalid order and one or more previous related election timing orders;

(f)

an election timing order is to be regarded as delaying the affected election even if the election would not actually take place on the date to which it is delayed because of the eventual outcome of the reorganisation process.

(3)

In this section—

“election timing order” means an order under—
1. (a)
  
  section 87 of LGA 2000 (power to change years in which elections held),
2. (b)
  
  section 7 of LGPIHA 2007 (implementation of proposals by order), or
3. (c)
  
  section 10 of LGPIHA 2007 (implementation of recommendations by order);
“English principal council” means—
1. (a)
  
  a county council in England,
2. (b)
  
  a district council, or
3. (c)
  
  a London borough council;
“original election date” means the date on which the affected election would have been held, ignoring the effect of—
1. (a)
  
  the invalid order, and
2. (b)
  
  any previous related election timing order;
“previous related election timing order” means an election timing order which—
1. (a)
  
  delays the affected election,
2. (b)
  
  was made for a reason which relates to the reorganisation process (whether that was the only reason, or one of several reasons, for the election timing order being made), and
3. (c)
  
  was made before the invalid order.

Annotations

Commencement

I1: S. 64 in force at 29.6.2026, see s. 108(5)