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2004 No. 218 (W.22)

LOCAL GOVERNMENT, WALES

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

  Made 3rd February 2004 
  Coming into force 6th February 2004 

Having consulted the Electoral Commission and such other persons or bodies as it considers appropriate in accordance with section 104(4) and (5) of the Local Government Act 2003[1] and, in exercise of the powers conferred on it by sections 104(1) and (2) and 123(1) of that Act, the National Assembly for Wales makes the following Order.

Name, commencement, application and interpretation
     1.  - (1) This Order is called the Local Government (Ordinary Day of Election) (Wales) Order 2004 and shall come into force on 6th February 2004.

    (2) This Order applies to Wales only.

    (3) In this Order:

Change of ordinary day in 2004
     2.  - (1) Notwithstanding section 37 of the Representation of the People Act 1983, in 2004 the ordinary day of election of councillors for all local government areas in Wales shall be the same day as the date of the poll at the European Parliamentary general election[4] held in that year.

    (2) In consequence of the change in the ordinary day of election provided for in paragraph (1) the term of office of any councillor for a local government area in Wales who would otherwise have retired on the fourth day after the original day of election shall for all purposes be a term ending on the fourth day after the new ordinary day of election.

    (3) The term of office of a councillor elected for a local government area in Wales on the ordinary day of election in 2004 provided for in paragraph (10) shall for all purposes be a term ending on the fourth day after the next ordinary election.

    (4) In consequence of the change in the ordinary day of election provided for in paragraph (1) section 16(1) of the Representation of the People Act 1985[5] shall not apply in relation to any elections of community councillors to be held on the ordinary day of election of councillors for local government areas in Wales in 2004.

    (5) Any reference to the 6th of May 2004 in any order - 

shall be construed as a reference to the ordinary day of election in 2004 of councillors for local government areas in Wales, as determined in accordance with paragraph (1) above.

Elections to fill casual vacancies
     3. In relation to the ordinary elections in 2004 in Wales - 



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[8].


D. Elis-Thomas
The Presiding Officer of the National Assembly

3rd February 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 - 

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.


Notes:

[1] 2003 c.26.back

[2] 1983 c.2.back

[3] 1972 c.70. Section 21 was substituted by section 2 of the Local Government (Wales) Act 1994.back

[4] The date of the poll at the European Parliamentary general election is appointed by the Secretary of State pursuant to section 4 of the European Parliamentary Elections Act 2002 (c. 24).back

[5] 1985 c.50. Section 16(1) provides for the postponement for 3 weeks of the poll at an election of parish councillors where the date of the poll at a European Parliamentary general election and the ordinary day of election for councillors in England and Wales are the same.back

[6] 2000 c.22.back

[7] S.I. 1986/2215.back

[8] 1998 c.38.back



Cymraeg (Welsh)



ISBN 0 11090865 1


  © Crown copyright 2004

Prepared 17 February 2004


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