The City of Liverpool (Scheme of Elections and Elections of Elected Mayor) Order 2021

Statutory Instruments

2021 No. 1089

Local Government, England

The City of Liverpool (Scheme of Elections and Elections of Elected Mayor) Order 2021

Made

27th September 2021

Laid before Parliament

28th September 2021

Coming into force

29th October 2021

The Secretary of State, in exercise of the powers conferred by sections 9HB, 86(A1), (3), (4) and (7), 87(1) and (3) and 105(2) of the Local Government Act 2000(1), makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the City of Liverpool (Scheme of Elections and Elections of Elected Mayor) Order 2021 and comes into force on 29th October 2021.

(2) In this Order—

“city” means the City of Liverpool(2);

“the ordinary day of election”, in relation to any year, means the day in that year on which, in accordance with section 37 of the Representation of the People Act 1983(3), councillors are elected for local government areas.

Elections of the council of the City of Liverpool

2.—(1) Subject to paragraph (4), the scheme for the ordinary elections of councillors for all wards of the city is a scheme under which—

(a) the term of office of councillors is four years;

(b) the elections are held in a given year and every fourth year after it;

(c) all the councillors are elected in each year in which the elections are held; and

(d) the councillors retire together.

(2) The first ordinary elections of councillors under the scheme in paragraph (1) is to be held on the ordinary day of election in 2023.

(3) The councillors holding office for any ward of the city immediately before the fourth day after the ordinary day of election in 2023 retire on that date and the newly elected councillors for those wards come into office on that date.

(4) The scheme specified in paragraph (1) only has effect in relation to the ordinary elections of councillors on or after the ordinary day of election in 2023.

Postponement of elections of councillors in 2022

3.—(1) The poll for the ordinary elections of councillors for any ward of the city that would otherwise be held on the ordinary day of election in 2022 is to be held instead on the ordinary day of election in 2023.

(2) A councillor who would otherwise, pursuant to section 7 of the Local Government Act 1972(4) (elections of councillors), retire on the fourth day after the ordinary day of election in 2022 is instead to retire on the fourth day after the ordinary day of election in 2023; and the councillor’s term of office is extended accordingly.

Elections for the mayor of the City of Liverpool

4.—(1) The Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012(5) are amended as follows.

(2) In regulation 7 for “or 6” substitute “, 6 or 7A”.

(3) After regulation 7 insert—

“Elections for the mayor of the City of Liverpool

7A.— (1) The election for the return of the mayor of the City of Liverpool that would otherwise be held on the ordinary day of election in 2024 is to be held instead on the ordinary day of election in 2023; and the mayor’s term of office is reduced accordingly.

(2) The subsequent elections for the return of the mayor are to be held on the ordinary day of election in 2027 and every fourth year after 2027.”.

(4) In regulation 8(2) for “or 7” substitute “, 7 or 7A”.

(5) In regulation 9(2)(b) for “or 7” substitute “, 7 or 7A”.

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Kemi Badenoch

Minister of State

Department for Levelling Up, Housing and Communities

27th September 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides a new scheme for the holding of the ordinary elections of councillors of all wards in the City of Liverpool. It replaces the previous scheme for the ordinary elections of councillors by thirds.

Article 2 provides for whole council elections every four years starting in 2023. It deals with the retirement of existing councillors and the coming into office of newly elected councillors following the elections in 2023.

Article 3 provides for the postponement of the council elections due in 2022 to 2023 and the extension of the councillors’ term of office accordingly.

Article 4 amends the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012 to change the date of the next mayoral election from 2024 to 2023, to reduce the term of office of the mayor accordingly and to provide for mayoral elections every four years thereafter.

An impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sector is foreseen.

(1)

2000 c.22. Section 9HB was inserted by the Localism Act 2011 (c. 20), Schedule 2. Section 86(A1) was inserted by the Local Government and Public Involvement in Health Act 2007 (c.28), section 54(3).

(2)

The metropolitan borough of Liverpool has the status of a city.

(3)

1983 c. 2. Relevant amendments were made by the Representation of the People Act 1985 (c. 50), section 18, by the Greater London Authority Act 1999 (c. 29), section 17 and Schedule 3, by the Local Government and Public Involvement in Health Act 2007, section 60(1) and by S.I. 2018/1310.

(4)

1972 c. 70. Relevant amendments were made by the Local Government Act 1985 (c. 51), Schedule 16, and the Local Government and Public Involvement in Health Act 2007 (c. 28), section 54(1) and Schedule 18.

(5)

S.I. 2012/336 to which there are amendments not relevant to this Order.