Section 34 Scheme for whole-council electionsI1

England and Wales

(1)

On passing a resolution for whole-council elections, a council becomes subject to the following electoral scheme.

(2)

Ordinary elections of the councillors of the council are to be held in—

F1(a)

the year specified under section 33(3A) in the resolution, and

(b)

every fourth year afterwards.

(3)

All councillors are to be elected in each year in which ordinary elections are 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.

F2(4A)

Ordinary elections of councillors of the council under the previous electoral scheme are to be held in accordance with that scheme in any year that—

(a)

is earlier than the year specified under section 33(3A) in the resolution for whole-council elections, and

(b)

is a year in which, under the previous electoral scheme, ordinary elections of councillors of the council are due to be held.

(4B)

In subsection (4A) “the previous electoral scheme” means the scheme for the ordinary elections of councillors of the council that applied to it immediately before it passed the resolution for whole-council elections.

F3(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: S. 34(2)(a)(b) substituted (15.1.2012) by Localism Act 2011 (c. 20), ss. 24(4), 240(2); S.I. 2012/57, art. 4(1)(d) (with arts. 6, 7, 9-11)
F2: S. 34(4A)(4B) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 24(5), 240(2); S.I. 2012/57, art. 4(1)(d) (with arts. 6, 7, 9-11)
F3: S. 34(5)(6) repealed (15.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(ee)(i) (with arts. 6, 7, 9-11)

Commencement

I1: S. 34 in force at 30.12.2007, see s. 245(2)

Notes on Chapter 1

Modifications

C1: Pt. 2 Ch. 1: transfer of functions (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 60(2)(3)(b), 148(3)(b) (with s. 63(1)(4)); S.I. 2009/3318, art. 4(i)