2014 Timetable

[oldwarhorse]

Please help me to settle an argument.

What would be the first date someone could resign from a council without causing a by election in the run up to May 22nd elections?

Thanks very much

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[Davıd Boothroyd]

As the Draft Local Elections (Ordinary Day of Elections in 2014) Order 2013 has not yet been approved, the local elections are still due to be on 1 May.

The relevant law is s. 89 (3) of the Local Government Act 1972 and states "Where a casual vacancy in any such office occurs within six months before the day on which the councillor whose office is vacant would regularly have retired, an election shall not be held .. and where an election .. is not held, the vacancy shall be filled at the next ordinary election."

The actual date of retirement is not until midnight on Monday going into Tuesday after the election on the Thursday, so the earliest date that is within six months would be the 6 November. However, should the Draft order be approved, the date of local elections would move and the date of retirement would move with them, so that the earliest date would go back 21 days to 27 November.

[greatkingrat]

The draft order you refer to states

4. In relation to a casual vacancy in the office of a councillor of a county council in England, London borough, district or parish council who would regularly have retired on the fourth day after the ordinary day of election in 2014—
(a)section 89(3) of the 1972 Act has effect as if for the words “six months before the day on which the councillor whose office is vacant would regularly have retired” there were substituted the words “the period of six months immediately before the date of the poll at the European Parliamentary general election held in 2014”; and

So if this is approved, the deadline would actually be 22 November.

[oldwarhorse]

Thanks very much, very helpful. Am going to argue the latest date in November then. I knew you guys would know.

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[Davıd Boothroyd]

On Tuesday the draft order was debated in the Delegated Legislation committee: www.parliament.uk/business/publications/hansard/commons/this-weeks-public-bill-general-committee-debates/read/?date=2013-09-03&itemId=521

Last night the approval went through on the nod. From the Votes and Proceedings:

Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Local Elections (Ordinary Day of Elections in 2014) Order 2013, which was laid before this House on 26 June, be approved.—(Mr David Evennett.)

Question agreed to.

As it has already been approved by the House of Lords (considered in Grand Committee on 24 July, approved 30 July), the order can now be formally made.