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Local Government Act 2000

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Point in time view as at 01/04/2006. This version of this provision has been superseded. Help about Status

Changes to legislation:

Local Government Act 2000, Section 86 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

86 Power to specify a scheme for elections.E+W

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(1)The Secretary of State may by order make provision to secure that the scheme for the ordinary elections of councillors of any specified council is the scheme under such of the options set out in section 85 as is specified in the order.

(2)A council is specified if it is—

(a)a principal council (or one of the principal councils) specified by name in the order, or

(b)a principal council falling within any description of principal council specified in the order.

(3)An order may make provision in relation to a council if the scheme specified in the order is different from the scheme which prevails (whether by virtue of an earlier order under this section or otherwise) for the ordinary elections of its councillors.

(4)An order may include provision specifying the years in which the ordinary elections are to be held.

(5)In a case where the specified scheme is that under the second or third option, an order may include provision for identifying which councillors are to retire in a particular year, and such provision may include—

(a)provision for identifying the electoral divisions or wards affected,

(b)provision for identifying the councillors affected within particular electoral divisions or wards.

(6)Provision under subsection (5) may include—

(a)provision allowing the Secretary of State to direct councils to propose methods (complying with any guidance he may issue) for identifying electoral divisions, wards or councillors,

(b)provision allowing him to give directions as to the methods to be adopted (whether those proposed or otherwise).

(7)An order may include provision designed to secure the transition from a prevailing scheme to the one specified in the order, and such provision may include—

(a)provision to secure the retirement of existing councillors at times different from those applying under a prevailing scheme,

(b)in a case where the specified scheme is that under the second or third option, provision for the initial election of all the councillors, for the retirement of some of them before the end of the normal term of four years, and for identifying which of them are so to retire.

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