Section 44 Local Government Boundary Commission to make order for new electoral schemeF3 I1

England and Wales

(1)

Where the F1Local Government Boundary Commission receive notice under section 42 that a council has passed a resolution, they must—

(a)

in the case of a resolution for elections by halves, make an order for elections by halves in relation to the council (see sections 45 and 46);

(b)

in the case of a resolution for elections by thirds, make an order for elections by thirds in relation to the council (see sections 47 and 48).

F2(2)

But the Local Government Boundary Commission must not make the order—

(a)

before it has decided whether or not conduct an electoral review (see section 43(2)), and

(b)

if it has decided to conduct such a review, before the review is concluded.

Annotations

F1: Words in s. 44(1) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 25(3); S.I. 2009/3318, art. 4(ff)
F2: S. 44(2) substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 25(4); S.I. 2009/3318, art. 4(ff)
F3: Words in s. 44 heading substituted (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(3)(b), Sch. 4 para. 25(2); S.I. 2009/3318, art. 4(ff)

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)