Section 39 Resolution for elections by thirdsI1

(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,

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—

(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”.

Annotations

Commencement

I1: S. 39 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)