Representation of the People Act 1985

16 Postponement of poll at parish or community council elections. E+W+S

(1) Where the date of the poll at a parliamentary general election or an [F1 European Parliamentary] general election is the same as the ordinary day of election of councillors for local government areas in England and Wales—

(a) any poll at an election of parish or community councillors to be held in England and Wales on that date shall be postponed for three weeks;

(b) the date to which any such poll is so postponed shall be taken to be the ordinary day of election for the purposes of sections 16(3) and 35(2) of the M1 Local Government Act 1972 and the day of election for the purposes of any rules concerning the conduct of elections of such councillors made (or having effect as if made) under section 36 of the principal Act; and

(c) any expenses of any returning officer for an election at which the poll is postponed under this subsection which are attributable to the postponement shall be charged on and paid out of the Consolidated Fund.

(2) In subsection (1) of section 40 of the principal Act (timing of local elections) after the words “section 39 above” there shall be inserted the words “or section 16 of the Representation of the People Act 1985”.

Textual Amendments

F1 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

Modifications etc. (not altering text)

C1 S. 16(1) restricted (11.5.2001) by S.I. 2001/1774, art. 2

C2 S. 16(1) excluded (W.) (6.2.2004) by The Local Government (Ordinary Day of Election) (Wales) Order 2004 (S.I. 2004/218), art. 2(4)

C3 S. 16(1) excluded (13.3.2004) by The Local Elections (Ordinary Day of Election 2004) Order 2004 (S.I. 2004/222), art. 2(5)

C4 S. 16(1) excluded (5.11.2008) by The Local Elections (Ordinary Day of Elections in 2009) Order 2008 (S.I. 2008/2857), art. 3

Marginal Citations

M1 1972 c. 70.