Representation of the People Act 1983

39 Local elections void etc. in England and Wales. U.K.

(1) If in England and Wales at an election of a councillor for a local government area—

(a) the poll is countermanded or abandoned for any reason, or

(b) no person is or remains, or an insufficient number of persons are or remain, validly nominated to fill the vacancy or vacancies in respect of which the election is held,

the returning officer F1 shall order an election to fill any vacancy which remains unfilled to be held on a day appointed by him.

That day shall be within the period of [F2 35 days] (computed acccording to section 40 below) beginning with the day fixed as the day of election for the first mentioned election.

[F3 (1A)]

F4 (2) If for any other reason an election to an office under the M1 Local Government Act 1972 F5 , other than that of chairman of a parish or community council or parish meeting or parish or community councillor, is not held on the appointed day or within the appointed time, or fails either wholly or in part or becomes void, the High Court may order an election to be held on a day appointed by the court.

(3) The High Court may order that the costs incurred by any person in connection with proceedings under subsection (2) above shall be paid by the local authority concerned.

(4) In a case not falling within subsection (1) above—

(a) if any difficulty arises with respect to an election of parish or community councillors or of an individual parish or community councillor, or to the first meeting of a parish or community council after an ordinary election of parish or community councillors, or

(b) if a parish or community council is not properly constituted because an election is not held or is defective or for any other reason,

the district council [F6 or Welsh county or county borough council]—

(i) may by order make any appointment or do anything which appears to them necessary or expedient for the proper holding of such an election or meeting and properly constituting the council, and

(ii) may, if it appears to them necessary, direct the holding of an election or meeting and fix the date for it.

(5) Where an election is ordered to be held under this section—

(a) rules under section 36 above relating to the notice to be given of an election and the manner in which an election is to be conducted apply in relation to the election so ordered to be held as they applied or would have applied in relation to the election which has not been duly held or has failed or become void;

(b) no fresh nomination is necessary in the case of a candidate who remains validly nominated for that election.

(6) An order made—

(a) under this section may include such modifications of the provisions of—

(i) this Part of this Act (and the rules under section 36), and

(ii) the M2 Local Government Act 1972 F5 ,

as appear to the High Court, or, as the case may be, the district council [F6 or Welsh county or county borough council], necessary or expedient for carrying the order into effect;

(b) by a F7 . . . council under subsection (4) above with respect to an election of parish or community councillors may modify the provisions of—

(i) this Act (and the rules with respect to such elections under section 36); and

(ii) any other enactment relating to such elections.

(7) In the case of a common parish council under which are grouped, by virtue of section 11(5) of the Local Government Act 1972 (grouping of parishes), parishes situated in different districts, references in subsections (4) and (6) above to the district council shall be construed as references to the council of the district in which there is the greater number of local government electors for the parishes in the group.

(8)

F8 (9) If a municipal election in a London borough is not held on the appointed day or within the appointed time or becomes void, the municipal corporation shall not thereby be dissolved or be disabled from acting.

Textual Amendments

F1 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F2 Words substituted by Representation of the People Act 1985 (c. 50, SIF 42), s. 19(2)

F3 S. 39(1A) inserted after s. 39(1) by Local Government Act 1985 (c. 51, SIF 81:1), s. 19(5)(6), Sch. 9 para. 1(5)

F4 S. 39(1A) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F5 Words repealed by Education Reform Act 1988 (c. 4, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F6 Words in s. 39(4)(6)(a) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 68(11)(a) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F7 Word in s. 39(6)(b) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 68(11)(b) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F8 S. 39(8) repealed by Representation of the People Act 1985 (c. 50, SIF 42), ss. 24, 28, Sch. 4 para. 8, Sch. 5

Modifications etc. (not altering text)

C1 S. 39(1) restricted (E.W.S.) by Representation of the People Act 1985 (c. 50, SIF 42), s. 21(2)(c)

C2 S. 39(4) modified (E.W.S.) by Representation of the People Act 1985 (c. 50, SIF 42), s. 21(2)(b)

C3 S. 39(7) applied (E.W.S.) by Representation of the People Act 1985 (c. 50, SIF 42), s. 21(3)

Marginal Citations

M1 1972 c. 70

M2 1972 c. 70.