Section 38 Resolution for elections by halves: requirementsI1

England and Wales

(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 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.

F1(4)

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

(5)

In subsection (3) the reference to the members of the council includes, in a case where the council are operating a mayor and cabinet executive, the elected mayor of the council.

F2(6)

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

(7)

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

Annotations

Textual amendments

F1: S. 38(4) repealed (15.1.2012) by Localism Act 2011 (c. 20), ss. 24(2)(b), 240(2), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(d)(ee)(i) (with arts. 6, 7, 9-11)
F2: S. 38(6)(7) repealed (15.1.2012) by Localism Act 2011 (c. 20), ss. 24(2)(b), 240(2), Sch. 25 Pt. 4; S.I. 2012/57, art. 4(1)(d)(ee)(i) (with arts. 6, 7, 9-11)

Commencement

I1: S. 38 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)