Statutory Instruments
2021 No. 174
Local Government, England
The Cumbria (Changes to Years of Elections) Order 2021
Made
22nd February 2021
Laid before Parliament
24th February 2021
Coming into force
18th March 2021
The Secretary of State makes the following Order in exercise of the powers conferred by sections 87 and 105 of the Local Government Act 2000( 1 )(“the 2000 Act”).
Citation and commencement
1. This Order may be cited as the Cumbria (Changes to Years of Elections) Order 2021 and comes into force on 18th March 2021.
Specified authorities
2. The following local authorities (“the relevant councils”) are specified under section 87 of the 2000 Act for the purposes of this Order—
(a) Cumbria County Council;
(b) Carlisle City Council; and
(c) South Lakeland District Council.
Changes to years of elections
3. The ordinary elections of councillors of the relevant councils that would, but for this Order, have taken place on the ordinary day of election of councillors( 2 ) in 2021 shall instead take place on the ordinary day of election of councillors in 2022.
Retirement of councillors
4. Any councillor of a relevant council holding office immediately before the fourth day after the ordinary day of election of councillors in 2021 who would, but for this Order, have retired on that date shall, unless the councillor resigns or the office of councillor otherwise becomes vacant, retire instead on the fourth day after the ordinary day of election of councillors in 2022.
Consequential provision: by-elections of councillors
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Luke Hall
Minister of State
Ministry of Housing, Communities and Local Government
22nd February 2021
For the definition of ordinary day of election of councillors of local government areas in England, see section 37 of the Representation of the People Act 1983 (c. 2) , as amended by section 18(2) of the Representation of the People Act 1985 (c. 50) , paragraphs 1 and 5 of Schedule 3 to the Greater London Authority Act 1999 (c. 29.) , section 60(1) of the Local Government and Public Involvement in Health Act 2007 (c. 28) , section 6(16)(a) of the Wales Act 2017 (c. 4) and S.I. 2018/1310 .
S.I. 2020/395 . Regulation 5 postpones to the 6th May 2021 any by-elections which would be held to fill casual vacancies in the office of councillor in any county, district or London Borough Council in England. Regulation 5(2) provides that, where the by-election is in respect of a vacancy for a councillor who would have ordinarily retired in May 2021, no separate poll is to be held but the vacancy is to be filled at the ordinary election.