Part VU.K. General and Supplemental

InterpretationU.K.

203 Local government provisions as to England and Wales.U.K.

(1)In this Act, unless the context otherwise requires, in relation to England and Wales—

  • F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F2“Assembly constituency” has the same meaning as in the 1999 Act (see section 2(4) and (5) of that Act);]

  • [F2“Authority election” means—

    (a)

    any election of the Mayor of London;

    (b)

    any election of a constituency member of the London Assembly; or

    (c)

    the election of the London members of the London Assembly at an ordinary election;]

  • [F2“constituency member”, in relation to the London Assembly, has the same meaning as in the 1999 Act;]

  • [F2“election of a constituency member of the London Assembly” means—

    (a)

    any such election at an ordinary election; or

    (b)

    an election under section 10 of the 1999 Act (election to fill a vacancy in an Assembly constituency);]

  • [F2“election of the Mayor of London” means—

    (a)

    any such election at an ordinary election; or

    (b)

    an election under section 16 of the 1999 Act (election to fill a vacancy in the office of Mayor of London);]

  • [F3“electoral area” means]

    (a)

    [F4in England, any electoral division or ward or, in the case of a parish in which there are no wards, the parish, for which the election of councillors is held under the local government Act;]

    (aa)

    [F4in Wales, any electoral ward of a county council or county borough council or community ward or, in the case of a community in which there are no wards, the community, for which the election of councillors is held under the local government Act;]

    (b)

    [F5Greater London, in the case of—

    (i)

    any election of the Mayor of London; or

    (ii)

    the election of the London members of the London Assembly at an ordinary election;

    (c)

    any Assembly constituency for which the election of a constituency member of the London Assembly is held;]

  • [F6“EU citizen with retained rights” has the meaning given by section 203B;]

  • “local authority” means [F7the Greater London Authority,] a county council [F8a county borough council,], F9. . . a district council, a London borough council F10 . . . or a parish or community council;

  • “local government Act” means the M1Local Government Act 1972 F11 . . .;

  • “local government area” means [F12Greater London,]a county [F13county borough,], London borough F14. . . , district, parish or community;

  • “local government election” means

    (a)

    F15 the election of councillors for any electoral area [F16; or

    (b)

    any Authority election]

  • [F2“London member”, in relation to the London Assembly, has the same meaning as in the 1999 Act;]

  • [F6“qualifying EU citizen” has the meaning given by section 203A;]

  • [F17“qualifying foreign citizen” means a person who—

    (a)

    is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union, and

    (b)

    either—

    (i)

    is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

    (ii)

    is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave.]

  • [F18“simple majority system” has the meaning given by section 6(1) of the Local Government and Elections (Wales) Act 2021;

  • ”single transferable vote system” has the meaning given by section 6(2) of the Local Government and Elections (Wales) Act 2021.]

  • [F2“the 1999 Act” means the Greater London Authority Act 1999;]

[F19(1A)In the application of this Act in relation to England and Wales, unless the context otherwise requires, any reference to—

(a)a local government election, or

(b)an election under the local government Act,

shall be taken to include a reference to an Authority election.

F19(1B)Any reference in this Act to a registered political party submitting a list of candidates to be London members of the London Assembly at an ordinary election shall be construed in accordance with section 4(5)(a) of, and Part II of Schedule 2 to, the 1999 Act; and related expressions shall be construed accordingly.]

[F20(2)The following provisions of this Act, namely—

(a)Part I, so far as it has effect for the purposes of parliamentary elections, and

(b)Parts I to III, so far as they have effect for the purposes of Authority elections,

shall (subject to any express provision contained in the Part or Parts in question) apply in relation to the City as if the City were a London borough and the Common Council were a London borough council.

For the purposes of this subsection the Inner Temple and the Middle Temple shall be treated as forming part of the City.]

(3)The modifications made by subsection (2) above do not affect section 52(4) above.

(4)This Act applies in relation to the Isles of Scilly as if those isles were a county and as if the council of those isles were a county council, except that—

(a)[F21the council shall appoint an officer of the council to be registration officer for the isles and] paragraph 1(1) of Schedule 2 F22. . . shall apply as if the isles were a district and the council were a district council;

(b)the provisions of Part I relating to the conduct of local government elections shall have effect in relation to those isles subject to such adaptations as the Secretary of State may by regulations prescribe.

(5)For the purposes of section 265 of the M2Local Government Act 1972 (application to Isles of Scilly) the provisions of this Act as to rules made by the Secretary of State under section 36 above shall be deemed to be contained in a public general Act relating to local government.

Textual Amendments

F2S. 203(1): definitions inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 39(1)(2), with Sch. 12 para. 9(1); S.I. 1999/3376, art. 2

F3Definition of “electoral area” substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 71(a)

F5S. 203(1): in definition of “electoral area” para. (b)(c) added (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 39(1)(3)' S.I. 1999/3376, art. 2

F6Words in s. 203 inserted (E.W.N.I.) (1.11.2023 for specified purposes, 7.5.2024 in so far as not already in force) by Elections Act 2022 (c. 37), s. 67(4)(b), Sch. 8 para. 1(10); S.I. 2023/1145, regs. 3(i), 5(b)

F7S. 203(1): words in definition of “local authority” inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 39(1)(4)(a); S.I. 1999/3376, art. 2

F8Words in definition of “local authority” in s. 203(1) inserted (20.3.1995) by 1994 c. 19, s. 66(6), Sch. 16 para. 68(16)(a) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/546, art. 3, Sch.

F12S. 203(1): words in definition of “local government area” inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 39(1)(4)(b); S.I. 1999/3376, art. 2

F13Words in definition of “local government area” in s. 203(1) inserted (20.3.1995) by 1994 c. 19, s. 66(6), Sch. 16 para. 68(16)(b) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/546, art. 3, Sch.

F15S. 203(1) definition of “local government area”: “(a)” inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 39(4)(c); S.I. 1999/3376, art. 2

F16S. 203(1) definition of “local government area”: para. (b) and preceding word inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 39(1)(4)(c); S.I. 1999/3376, art. 2

F17Words in s. 203(1) (E.W.) inserted (1.6.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 12(2), 42(3)(a)

F19S. 203(1A)(1B) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 39(5); S.I. 1999/3376, art. 2

F20S. 203(2) substituted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 39(6); S.I. 1999/3376, art. 2

Modifications etc. (not altering text)

C2S. 203 applied (with modifications) (27.3.2007) by The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024), Sch. 2 Table 1 (as amended (6.4.2014) by S.I. 2014/370, art. 6(3))

C3S. 203(1) applied (with modifications) (31.7.1997) by Referendums (Scotland and Wales) Act 1997 (c. 61), s. 3, Sch. 3 para. 13 Table 1

S. 203(1) applied (with modifications) (E.) (2.4.2001) by The Local Authorities (Conduct of Referendums) (England) Regulations 2001 (S.I. 2001/1298), reg. 8(1), Sch. 3 Table 2, (with reg. 10(4))

S. 203(1) applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2}

Marginal Citations