Local Government Act 1972

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Point in time view as at 03/04/2017. This version of this provision has been superseded.

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Local Government Act 1972, Section 7 is up to date with all changes known to be in force on or before 21 December 2024. 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.

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7 Elections of councillors.E

(1)The ordinary elections of county councillors shall take place in 1973 and every fourth year thereafter, their term of office shall be four years and they shall retire together in every such fourth year on the fourth day after the ordinary day of election of county councillors, and in and after 1977 the newly elected councillors shall come into office on the day on which their predecessors retire.

(2)The ordinary elections of metropolitan district councillors shall take place in 1973, 1975 and every year thereafter other than [F11977 and every fourth year thereafter].

(3)Subject to paragraph 4 of Schedule 3 to this Act, the term of office of metropolitan district councillors shall be four years and one-third of the whole number of councillors in each ward of a metropolitan district, being those who have been councillors for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1975 the newly elected councillors shall come into office on the day on which their predecessors retire.

(4)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)[F3Where the Secretary of State receives a request under subsection (4)(b) above from a district council he may [F4direct the Local Government Commission for England to conduct a review and make recommendations] in the light of the request with respect to—

(a)the number, boundaries and names of the wards into which the district should be divided and the number of councillors to be elected for each ward;

(b)the order of retirement of councillors elected for wards not returning a number of councillors which is divisible by three;

[F5and the provisions of Part II of the Local Government Act 1992 shall apply accordingly].]

(8)The ordinary elections of non-metropolitan district councillors shall take place—

(a)except where an order is in force providing for the election of district councillors by thirds, in 1973, 1976, 1979 and every fourth year thereafter; and

(b)where such an order is in force, in the year when the order comes into force and every year thereafter other than a year of election of county councillors.

(9)The following provisions of this subsection shall, subject to the provisions of any order made under or by virtue of this section, have effect with respect to non-metropolitan district councillors:—

(a)their term of office shall be three years in the case of the councillors elected at the ordinary elections in 1973 and 1976 and four years in the case of those elected at ordinary elections held thereafter;

(b)except where an order is in force providing for the election of councillors by thirds, the whole number of councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1976 the newly elected councillors shall come into office on the day on which their predecessors retire; and

(c)where such an order is in force, one-third of the whole number of councillors in each ward returning a number of councillors which is divisible by three and, as nearly as may be, one-third of the whole number of the councillors in the other wards, being those who have been councillors of the district for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in every such year the newly elected councillors shall come into office on the day on which their predecessors retire.

Textual Amendments

F1Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 16 para. 3

F2S. 7(4)-(6) omitted (30.12.2007) by virtue of Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 54(1), 245 (with s. 54(4)-(6)) and repealed (prosp.) by ss. 241, 245, {Sch. 18 Pt. 2} of said Act

F3S. 7(7) repealed (1.8.2002) by virtue of The Local Government Commission for England (Winding-up) Order 2002 (S.I. 2002/1723), art. 3, Sch.

F4Words in s. 7(7) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27(1), Sch. 3 para. 7(2)(a); S.I. 1992/2371, art. 2

F5Words in s. 7(7) substituted (31.10.1992) by Local Government Act 1992 (c. 19), s. 27(1), sch. 3 para. 7(2)(b); S.I. 1992/2371, art. 2

Modifications etc. (not altering text)

C1S. 7 excluded (12.4.1994) by S.I. 1994/867, reg. 6(3)

C2S. 7(1) excluded (26.2.2008) by The Northumberland (Structural Change) Order 2008 (S.I. 2008/494), art. 13(3)

C3S. 7(1) applied (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), art. 25(4)

C4S. 7(1) excluded (26.2.2008) by The County Durham (Structural Change) Order 2008 (S.I. 2008/493), art. 13(3)

C5S. 7(8)(9) excluded (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), art. 23(1)

C6S. 7(8)(9) excluded (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), art. 13(2)

C7S. 7(8)(9) excluded (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), art. 12(1)

C8S. 7(8)(9) excluded (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), art. 12(1)