Part IU.K. Parliamentary and Local Government Franchise and its Exercise

Modifications etc. (not altering text)

Conduct of local government elections in England and WalesU.K.

[F137BPower to change date of local elections to date of European Parliamentary general election: WalesU.K.

(1)The Welsh Ministers may by order provide that, in a year in which a European Parliamentary general election is to be held, the ordinary day of election of councillors for—

(a)counties in Wales and county boroughs, and

(b)communities,

shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.

[F2(1A)The Welsh Ministers may not make an order under this section if the date of the poll at the European Parliamentary general election is the same date as the poll at an ordinary general election of members of the National Assembly for Wales.]

(2)An order under subsection (1) may make provision under paragraphs (a) and (b) or under one of those paragraphs.

(3)An order under subsection (1) must relate to a single year and must be made at least six months before—

(a)the local election day in that year, or

(b)if earlier, the date of the poll at the European Parliamentary general election in that year.

(4)For this purpose “the local election day” in a particular year is—

(a)the first Thursday in May, or

(b)if an order has been made under section [F337ZA(1)(b)] (power to change date of council and Assembly elections) in relation to that year, the day specified in the order.

(5)Before making an order under this section, the Welsh Ministers must consult—

(a)the Electoral Commission, and

(b)such other persons as they consider appropriate.

(6)An order under subsection (1) may make incidental, supplementary or consequential provision or savings.

(7)Where the Secretary of State makes an order under section 37A, the Welsh Ministers may by order make such consequential provision in relation to elections in Wales as they think fit.

(8)The powers under subsections (6) and (7) include power to make—

(a)different provision for different purposes;

(b)provision disapplying or modifying the application of an enactment or an instrument made under an enactment.

(9)An order under this section must be made by statutory instrument.

(10)A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.]

Textual Amendments

F2S. 37B(1A) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(19), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F3Word in s. 37B(4)(b) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(20), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)