Legislation – The Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020

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Introduction

PART 1
General

1 Citation, commencement, extent and application

2 These Regulations extend to England and Wales.

3 Regulations 5 to 9 and 11 to 14 apply to…

4 Interpretation

PART 2
Postponement of by-elections

5 By-elections of councillors of principal areas

6 By-elections of parish councillors

7 By-elections of directly elected local authority mayors

8 By-elections of combined authority mayors

9 By-elections to the Greater London Authority

10 Police and crime commissioner by-elections

PART 3
Postponement of local polls and referendums

11 Local polls under the Local Government Act 2003

12 Local authority governance change referendums

13 Neighbourhood planning referendums

PART 4
Supplementary provisions

14 Supplementary provision: terms of office of councillors

15 Disapplication of certain provisions relating to elections

Signature

Explanatory note

PART 3Postponement of local polls and referendums

Local polls under the Local Government Act 200311.

(1)

Where a poll under section 116 of the Local Government Act 200317 (local polls) (“the 2003 Act”) is to be conducted during the relevant period the poll is instead to be conducted on the ordinary day of election in 2021.

(2)

Paragraph (1) does not apply in relation to a poll that has been held, pursuant to section 116 of the 2003 Act, on a day during the antecedent period.

Local authority governance change referendums12.

(1)

A referendum under section 9MB of the 2000 Act (requirement to hold and give effect to referendum)18 that would otherwise be held, or have been held, during the relevant period is to be held instead on the ordinary day of election in 2021.

(2)

A referendum that, pursuant to regulation 16 of the 2011 Regulations (timing of referendum in consequence of valid petition), would otherwise be held, or have been held, during the relevant period is to be held instead on the ordinary day of election in 2021.

(3)

In relation to a referendum mentioned in paragraph (2) regulation 9 of the 2011 Regulations (validity of petitions) is to be read during the relevant period as if—

(a)

in paragraph (1)(c) at the end there were inserted “or within the period beginning with the 16th March 2020 and ending with 5th May 2021”; and

(b)

the relevant period were to be disregarded for the purposes of calculating the period of 12 months mentioned in paragraph (5).

(4)

Paragraphs (1) and (2) do not apply in relation to a referendum that has been held on a day during the antecedent period.

(5)

In this regulation “the 2011 Regulations” means the Local Authorities (Referendums) (Petitions) (England) Regulations 201119.

Neighbourhood planning referendums13.

(1)

A referendum that, pursuant to regulation 2A of the Neighbourhood Planning (Referendums) Regulations 201220 (date by which referendum must be held), would otherwise be held, or have been held, during the relevant period is to be held instead on the ordinary day of election in 2021.

(2)

Paragraph (1) does not apply to a referendum that has been held on a day during the antecedent period.