PART 1Main provisions

Postponement of elections, referendums, recall petitions and canvass

59Elections and referendums due to be held in England in period after 15 March 2020

(1)

This section applies to the poll for a relevant election or relevant referendum if the poll—

(a)

is required to be held on a day falling within the period beginning with 16 March 2020 and ending with the day 30 days after that on which this Act is passed, but

(b)

is not held in that period.

(2)

Section 39 of the 1983 Act (local elections void etc) does not apply, and is treated as never having applied, in relation to the poll.

(3)

Section 63 of that Act (breach of official duty) does not apply, and is treated as never having applied, in relation to any act or omission in connection with the poll.

(4)

In determining for the purpose of this section whether a poll has been held, postal votes are to be ignored.

(5)

This section does not affect the application of section 39 or 63 of the 1983 Act in relation to a poll the date for which is determined by virtue of section 61 (power to postpone).

(6)

In this section—

“the 1983 Act” means the Representation of the People Act 1983;

“local government area” has the same meaning as in the 1983 Act (see section 203(1) of that Act);

“relevant election” means an election of a councillor for any local government area in England to fill a casual vacancy;

“relevant referendum” means a referendum under or by virtue of Schedule 4B to the Town and Country Planning Act 1990 (referendums on neighbourhood development plans).