Legislation – Coronavirus Act 2020

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PART 1Main provisions

Postponement of elections, referendums, recall petitions and canvass

60Postponement of elections due to be held on 7 May 2020

Local government

(1)

The poll for the ordinary election of councillors for any local government area in England that would otherwise be held on the ordinary day of election in 2020 is to be held instead on the ordinary day of election in 2021.

(2)

A councillor who would otherwise, pursuant to section 7 or 16 of the Local Government Act 1972 (elections of councillors), retire on the fourth day after the ordinary day of election in 2020 is instead to retire on the fourth day after the ordinary day of election in 2021; and the councillor’s term of office is extended accordingly.

(3)

A councillor who—

(a)

is returned at an election the poll for which is held on the ordinary day of election in 2021, and

(b)

fills a vacancy arising as a result of the expiry of a term of office extended under subsection (2),

is (notwithstanding section 7 or 16 of the Local Government Act 1972) to retire on the fourth day after the ordinary day of election in 2024; and the councillor’s term of office is reduced accordingly.

(4)

In determining under section 7(3) or (9)(c) of the Local Government Act 1972 which councillors are to retire in accordance with that provision on the fourth day after the ordinary day of election in 2021, councillors who retire in accordance with subsection (2) of this section are to be ignored.

(5)

In subsections (1) to (4)—

(a)

“local government area” has the same meaning as in the Representation of the People Act 1983 (see section 203(1) of that Act);

(b)

a reference to the ordinary day of election in a year is to the ordinary day of election of councillors in that year determined under section 37 of that Act (ordinary day of local elections in England).

The Mayor of London and the London Assembly

(6)

The poll for the ordinary election that would otherwise, pursuant to section 3(2) of the Greater London Authority Act 1999 (time of ordinary election for the Mayor of London and the London Assembly), be held on 7 May 2020 is to be held instead on 6 May 2021.

(7)

The postponement of that ordinary election is to be ignored in determining the years in which subsequent ordinary elections are to be held.

Elected mayors of local authorities

(8)

The poll for the election of any elected mayor that would otherwise, pursuant to regulations under section 9HB of the Local Government Act 2000 (time of elections etc), be held on 7 May 2020 is to be held instead on 6 May 2021.

(9)

The postponement under subsection (8) of an election is to be ignored in determining the years in which subsequent elections of elected mayors are to be held.

Elected mayors of combined authorities

(10)

The poll for the election of any mayor that would otherwise, pursuant to an order under Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009, be held on 7 May 2020 is to be held instead on 6 May 2021.

(11)

The postponement under subsection (10) of an election is to be ignored in determining the years in which subsequent elections of mayors are to be held.

Police and crime commissioners

(12)

The ordinary election that would otherwise, pursuant to section 50(1) of the Police Reform and Social Responsibility Act 2011 (ordinary election of police and crime commissioners), be held in 2020 is to be held instead in 2021.

(13)

The postponement of that ordinary election is to be ignored in determining the years in which subsequent ordinary elections are to be held.