Coronavirus Act 2020

61 Power to postpone certain other elections and referendums

(1) The Secretary of State or the Minister for the Cabinet Office may, by regulations made by statutory instrument, provide—

(a) that the poll for a relevant election or a relevant referendum is to be held on such date, or within such period, as is specified in the regulations;

(b) that polls for relevant elections or relevant referendums that would otherwise be required to be held on dates that fall within a period specified in the regulations are instead to be held on such later date, or within such period, as is specified in the regulations.

(2) For the purposes of this section an election or referendum is “relevant” if—

(a) the date of the poll for the election or the referendum falls within the period beginning with 16 March 2020 and ending with 5 May 2021, and

(b) subsection (3) or (4) applies to it.

(3) This subsection applies to—

(a) an election of a councillor for any local government area in England to fill a casual vacancy;

(b) a local election in Northern Ireland to fill a casual vacancy;

(c) an election to fill a casual vacancy in respect of a constituency member of the Greater London Assembly;

(d) an election to fill a vacancy in the office of the Mayor of London;

(e) an election to fill a casual vacancy in the office of an elected mayor under Part 1A of the Local Government Act 2000;

(f) an election to fill a vacancy in the office of a mayor for the area of a combined authority under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;

(g) an election to fill a vacancy in the office of a police and crime commissioner for a police area.

(4) This subsection applies to—

(a) a poll under section 116 of the Local Government Act 2003 (local polls);

(b) a referendum under section 9MB of the Local Government Act 2000 (referendums on governance arrangements);

(c) a referendum by virtue of section 9MC of the Local Government Act 2000 (referendums following petition);

(d) a referendum under section 52ZG or 52ZN of the Local Government Finance Act 1992 (referendums in relation to council tax);

(e) a referendum under or by virtue of Schedule 4B to the Town and Country Planning Act 1990 (referendums on neighbourhood development plans).

(5) Regulations under subsection (1) must not specify—

(a) a date later than 6 May 2021, or

(b) a period ending later than 6 May 2021.

(6) The power to make regulations under subsection (1) may be exercised more than once in respect of any relevant election or relevant referendum.

(7) Regulations under subsection (1) may make provision by reference to relevant elections or relevant referendums of a description specified in the regulations (for example, by reference to the nature, date or location of the elections or referendums).

(8) The power to make regulations under subsection (1) is capable of being exercised so as to amend, repeal or revoke any enactment.

In this subsection “enactment” has the same meaning as in section 92.

(9) A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

(10) In this section—

• “local election” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962 (see section 130(1) of that Act);

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