Local Government and Public Involvement in Health Act 2007

Valid from 30/12/2007

46 Orders for elections by halves: councillors to be elected at ordinary elections E+W

(1) An order for elections by halves in relation to a council must make provision for the election and retirement of councillors in accordance with this section.

(2) In the case of the ordinary elections held in the year determined in accordance with section 45(2)(a)—

(a) all of the councillors are to be elected;

(b) on the fourth day after the elections are held—

(i) the councillors elected in those elections are to come into office, and

(ii) all of the sitting councillors are to retire.

(3) In the case of ordinary elections held subsequently—

(a) one half (or as nearly as may be) of the councillors are to be elected;

(b) on the fourth day after the elections are held—

(i) the councillors elected in those elections are to come into office, and

(ii) the specified sitting councillors are to retire.

(4) The order must include provision for identifying which councillors are to retire in each year in which ordinary elections are to be held (other than the first), including provision for identifying—

(a) the wards affected;

(b) the councillors affected within particular wards.

(5) In this section “specified sitting councillors”, in relation to ordinary elections, means the sitting councillors who are to retire in the year of those elections by virtue of the order.