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Statutory Instruments

2025 No. 137

LOCAL GOVERNMENT, ENGLAND

The Local Authorities (Changes to Years of Ordinary Elections) (England) Order 2025

Made

10th February 2025

Laid before Parliament

11th February 2025

Coming into force

4th March 2025

The Secretary of State makes this Order in exercise of the powers conferred by section 87(1) and (3) and 105(2) and (3) of the Local Government Act 2000(1).

Citation, commencement, extent and interpretation

1.β€”(1) This Order may be cited as the Local Authorities (Changes to Years of Ordinary Elections) (England) Order 2025 and comes into force on 4th March 2025.

(2) This Order extends to England and Wales.

(3) In this Orderβ€”

β€œthe ordinary day of election of councillors” has the same meaning as in section 37 of the Representation of the People Act 1983(2);

β€œspecified local authority” means a local authority specified in article 2.

Changes to the years of ordinary elections for specified local authorities

2. The ordinary elections of councillors of the following local authorities that would, but for this Order, have taken place on the ordinary day of election of councillors in 2025 are instead to take place on the ordinary day of election of councillors in 2026β€”

(a)East Sussex County Council;

(b)Essex County Council;

(c)Hampshire County Council;

(d)Isle of Wight Council;

(e)Norfolk County Council;

(f)Suffolk County Council;

(g)Surrey County Council;

(h)Thurrock Council;

(i)West Sussex County Council.

Retirement of councillors of specified local authorities

3.β€”(1) A councillor of a specified local authority who would, but for this Order, have retired on the fourth day after the ordinary day of election of councillors in 2025 will retire instead on the fourth day after the ordinary day of election of councillors in 2026, unless the councillor resigns or the office otherwise becomes vacant before that day.

(2) A councillor of a specified local authority other than Thurrock Council who is elected on the ordinary day of election of councillors in 2026β€”

(a)comes into office on the fourth day after the ordinary day of election of councillors in 2026, and

(b)retires on the fourth day after the ordinary day of election of councillors in 2029, unless the councillor resigns or the office otherwise becomes vacant before that day.

(3)Section 243(1) of the Local Government Act 1972(3) applies for the purposes of paragraphs (1) and (2) as if this article were a provision of that Act.

Consequential modifications: existing casual vacancies

4.β€”(1) This article applies whereβ€”

(a)before the coming into force of this Order a casual vacancy occurs in the office of councillor of a specified local authority, and

(b)but for this Order, that vacancy would have been filled at the ordinary election of councillors in 2025 in accordance with section 89(3) of the Local Government Act 1972.

(2)Section 89(1) of the Local Government Act 1972(4) applies in respect of that vacancy as if, in paragraphs (a) and (b), for the words from β€œthirty-five days” to the end there were substituted β€œthe period beginning with 4th March 2025 and ending with 1st May 2025”.

(3)Section 90 of the Local Government Act 1972(5) applies in respect of a person elected to fill a causal vacancy to which this article applies as if for the words from β€œdate” to β€œretired” there were substituted β€œfourth day after the ordinary day of election of councillors in 2026”.

Consequential amendments

5.β€”(1) In the following Orders, in article 1(3)(b), for β€œ2025” substitute β€œ2026”—

(a)the Norfolk (Electoral Changes) Order 2021(6);

(b)the Suffolk (Electoral Changes) Order 2022(7);

(c)the Wealden (Electoral Changes) Order 2024(8);

(d)the Uttlesford (Electoral Changes) Order 2024(9);

(e)the Surrey (Electoral Changes) Order 2024(10);

(f)the Essex (Electoral Changes) Order 2024(11);

(g)the Thurrock (Electoral Changes) Order 2025(12).

(2) In the West Suffolk (Electoral Changes) Order 2023(13), in article 1(4)(b), for β€œ2025” substitute β€œ2026”.

(3) In article 2(2), (3) and (4) of the Borough of Thurrock (Scheme of Elections) Order 2024(14), for β€œ2025” substitute β€œ2026”.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Jim McMahon

Minister of State

10th February 2025

Ministry of Housing, Communities and Local Government

(2)

1983 c. 2. Section 37 was amended by section 18 of the Representation of the People Act 1985 (c. 50), paragraph 5 of Schedule 3 to the Greater London Authority Act 1999 (c. 29), section 6(16) of the Wales Act 2017 (c. 4) and by S.I. 2018/1310.

(4)

Section 89(1) was amended by section 19 of the Representation of the People Act 1985 (c. 50).

(5)

Section 90 was amended by paragraph 11 of Schedule 14 to the Local Government Act 1985 (c. 51), Part 1 of Schedule 13 to the Education Reform Act 1988 (c. 40) and Part 10 of Schedule 1 to the Statute Law (Repeals) Act 2004 (c. 14).

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Local Authorities (Changes to Years of Ordinary Elections) (England) Order 2025 (2025/137)

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footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
specified local authorityart. 1.specified__lgArRfQ
the ordinary day of election of councillorsart. 1.the_ordina_lgfyaUp

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