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Local Government Act 1993 No 30
Current version for 14 May 2020 to date (accessed 5 June 2020 at 23:43)
Part 6A Postponement of elections
In this Part—election requirements of this Act means the requirements of Parts 4 and 5 with respect to the holding of an ordinary election referred to in section 287 or a by-election referred to in section 292.
318B Postponement of elections
(1) The Minister may, by order published in the Gazette, postpone the election requirements of this Act in relation to a specified council if—(a1) the Minister believes that, having regard to the COVID-19 pandemic, it is reasonable in the circumstances to order the postponement, or(a) the council is the subject of—(i) an investigation under section 430 or any other provision of this Act, or(ii) a public inquiry, or(iii) an investigation by an authority (as defined in the Dictionary at the end of this Act) under any Act, or(b) without limiting anything else in this subsection, a matter affecting the boundaries of the council’s area is under consideration by the Boundaries Commission (whether or not involving an inquiry by the Commission).(2) The latest date to which the election requirements of this Act may be postponed by an order under this section is—(a) the date occurring 12 months after the order is made, or(b) if the postponement is extended by a further order under this section, 31 December in the calendar year following that in which the first such order was made.(3) An order may be made under this section even though the election requirements of this Act are in operation with respect to an election for the council.(4) On the making of an order under this section—(a) the election requirements of this Act are suspended in relation to the council for the period specified in the order, including with respect to an election for which the election requirements of this Act were in operation when the order was made, but not with respect to an election held on or before the day on which the order is published, and(b) the retiring councillors continue in office (subject to this Act) until an election is held, and(c) anything already done, under or for the purposes of those requirements in relation to the council for an election that would (but for the making of the order) have been held during the suspension period, has no effect or operation, and(d) a person who is taken to have been elected under section 311 at an election that would (but for the making of the order) be held during the suspension period is taken not to have been elected.(5) The suspension ceases to have effect if the order is revoked under section 318C.(6) If the suspension ceases to have effect through the passage of time and not through revocation of the order, the provisions of section 318C (other than subsections (1)(a) and (3)(a)) apply as if the order had been revoked.(7) If while an order under this section is in force a casual vacancy occurs in the office of mayor elected by the electors, the casual vacancy is to be filled in accordance with the provisions of section 295 as if it were a casual vacancy in the office of mayor elected by the councillors.(8) Subsection (1)(a1) and this subsection are repealed on the date that is 12 months after the commencement of subsection (1)(a1). For the avoidance of doubt, the repeal of subsection (1)(a1) does not affect the validity of any order made under that paragraph.
318C Revocation of postponement
(1) The Minister may, by order published in the Gazette—(a) revoke a former order that has been made in relation to a council, and(b) if—(i) the day on which an election would (but for the former order) have been required to be held has passed, orappoint a day as the day on which the election is to be held.(ii) the day on which an election is required to be held will occur within 3 months after the day on which the order is made,(2) The day appointed by the order as the day on which an election is to be held is to be a Saturday occurring not less than 3 months, and not more than 6 months, after the day on which the order is made.(3) On the making of an order under this section—(a) the suspension by the former order of the election requirements of this Act is terminated, and(b) an election is to be held in accordance with the election requirements of this Act—(i) on the day ascertained in accordance with those requirements, or(ii) if the order appoints a different day, on the day so appointed.(4) In this section, former order means an order under section 318B.