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

By-elections of parish councillors E+W

6.—(1) The poll for the election of a councillor to fill a casual vacancy in the office of parish councillor that, pursuant to rule 5(3) of the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 M1 (filling of casual vacancies) (“the 2006 Rules”), would otherwise be held, or have been held, on a day during the relevant period is to be held instead on the ordinary day of election in 2021.

(2) If a casual vacancy referred to in paragraph (1) relates to the office of a councillor who—

(a) pursuant to section 16 of the 1972 Act (parish councillors), would regularly have retired on the fourth day after the ordinary day of election in 2021, or

(b) is to retire on that day pursuant to any of the relevant provisions,

the vacancy in the office of councillor is to be filled at the poll at the ordinary election in 2021 and a poll is not to be held to fill the casual vacancy.

(3) Paragraph (1) does not apply in relation to a poll for the election of a councillor that has been held, pursuant to rule 5(3) of the 2006 Rules, on a day during the antecedent period.

(4) In this regulation—

“the relevant provisions” means—

(a)

section 17 of the 1992 Act;

(b)

sections 7, 10 and 53 (power of council to alter years of ordinary elections of parish councillors) of the 2007 Act; and

(c)

section 60(2) of the 2020 Act.

Commencement Information

I1 Reg. 6 in force at 7.4.2020, see reg. 1

Marginal Citations

M1 S.I. 2006/3305.