The Local Government (Ordinary Day of Election) (Wales) Order 2004

Explanatory Note

(This note is not part of the Order)

Section 104(1) of the Local Government Act 2003 provides that the National Assembly for Wales may by order change the ordinary day of election of councillors for all local government areas in Wales. This order, made under that section, changes the ordinary day of the 2004 local government elections in Wales so that it is the same as the date of the European Parliamentary elections in that year. It also deals with a number of consequential matters.

The ordinary day for local government elections in England and Wales is usually the first Thursday in May in each election year. Article 2 of this Order provides that, in relation to the 2004 local government elections in Wales, this day shall be changed to be the same as the date of the poll for the European Parliamentary elections in 2004 which is the 10th of June. It also provides that in relation to the 2004 local government elections in Wales—

• the terms of office of any councillors due to retire following those elections are to be extended;

• the terms of office of councillors who will be elected at those elections are to be reduced;

• section 16(1) of the Representation of the People Act 1985 shall not apply (this section normally postpones for three weeks any community council elections due to take place on the same date as European Parliamentary and other local elections); and

• references to the expected date of these elections in 2004 in the orders made under the powers listed in article 2(5) (which relate to implementing the recommendations of the Local Government Boundary Commission for Wales, the establishment or dissolution of a community council, the changing of electoral arrangements for a community council and the changing of the year of ordinary local elections) are to be construed in accordance with the change made by article 2(1) of this Order.

Article 3 extends, in relation to local authorities in Wales, the period during which it is not necessary to hold a by-election prior to the ordinary day of election for those authorities, so that, in relation to the 2004 elections, this period will last from the 10th of November 2003 (the date on which this period would normally start) until the modified ordinary day of such elections in 2004 as determined in accordance with article 2(1) of this Order.