The Local Authorities (Changes to Years of Ordinary Elections) (England) Order 2025
This Order shifts the ordinary elections for councillors in nine specified English local authorities from 2025 to 2026.
It adjusts councillor retirement dates accordingly, modifies procedures for filling casual vacancies, and makes consequential amendments to other related electoral Orders.
The changes primarily impact the timing of local elections and the terms of office for elected councillors, with provisions to manage casual vacancies during the transition.
Arguments For
Efficient Resource Allocation: Postponing elections might allow for better resource management and potentially reduce costs associated with multiple simultaneous elections.
Improved Voter Turnout: Consolidating elections could potentially improve voter turnout by reducing election fatigue and allowing for more focused campaigning.
Alignment with Other Events: Delaying elections might align with other significant local or national events, facilitating better coordination and avoiding potential conflicts.
Legal Basis: The Order is made under the powers conferred by the Local Government Act 2000, providing a legal framework for the changes.
Administrative Efficiency: Consolidating the election process may simplify administrative tasks and improve efficiency for local authorities.
Arguments Against
Delayed Democracy: Postponing elections can delay the representation of the electorate's preferences.
Potential for Opposition: The postponement may face opposition from political parties or community groups who feel their electoral prospects are affected.
Impact on Local Governance: Delayed elections may impact the continuity and ongoing operations of the involved councils.
Unintended Consequences: The changes introduced in the Order might have unforeseen effects on local politics and the election cycle in future years.
Limited Public Consultation: Lack of wide-ranging public consultation prior to implementing the changes could raise concerns about transparency and democratic engagement.
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- This Order may be cited as the Local Authorities (Changes to Years of Ordinary Elections) (England) Order 2025 and comes into force on 4th March 2025. 1. This Order extends to England and Wales. 2. In this Order- 'the ordinary day of election of councillors' has the same meaning as in section 37 of the Representation of the People Act 1983; 'specified local authority' means a local authority specified in article 2.
This section establishes the Order's title, effective date (March 4th, 2025), geographic scope (England and Wales), and defines key terms. 'Ordinary day of election of councillors' is defined by reference to the Representation of the People Act 1983, while 'specified local authority' refers to the councils listed later in the document.
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- The ordinary elections of councillors of the following local authorities that would, but for this Order, have taken place on the ordinary day of election of councillors in 2025 are instead to take place on the ordinary day of election of councillors in 2026-
- (a) East Sussex County Council;
- (b) Essex County Council;
- (c) Hampshire County Council;
- (d) Isle of Wight Council;
- (e) Norfolk County Council;
- (f) Suffolk County Council;
- (g) Surrey County Council;
- (h) Thurrock Council;
- (i) West Sussex County Council.
This section lists the nine specified local authorities whose councilor elections are postponed from 2025 to 2026.
These are: East Sussex, Essex, Hampshire, Isle of Wight, Norfolk, Suffolk, Surrey, Thurrock, and West Sussex County Councils.
- A councillor of a specified local authority who would, but for this Order, have retired on the fourth day after the ordinary day of election of councillors in 2025 will retire instead on the fourth day after the ordinary day of election of councillors in 2026, unless the councillor resigns or the office otherwise becomes vacant before that day.
This section extends the term of office for current councillors in the specified local authorities until the ordinary election day in 2026, unless their term ends earlier due to resignation or vacancy.
- A councillor of a specified local authority other than Thurrock Council who is elected on the ordinary day of election of councillors in 2026-
- (a) comes into office on the fourth day after the ordinary day of election of councillors in 2026, and
- (b) retires on the fourth day after the ordinary day of election of councillors in 2029, unless the councillor resigns or the office otherwise becomes vacant before that day.
This section specifies that councillors elected in 2026 for the specified local authorities (excluding Thurrock) will have a term of office until 2029, unless their terms end earlier due to resignation or vacancy.
- Section 243 of the Local Government Act 1972 applies for the purposes of paragraphs and as if this article were a provision of that Act.
This section clarifies that Section 243 of the Local Government Act 1972 applies to this article's provisions, providing further legal context and procedure.
- This article applies where-
- (a) before the coming into force of this Order a casual vacancy occurs in the office of councillor of a specified local authority, and
- (b) but for this Order, that vacancy would have been filled at the ordinary election of councillors in 2025 in accordance with section 89 of the Local Government Act 1972.
- Section 89 of the Local Government Act 1972 applies in respect of that vacancy as if, in paragraphs (a) and (b), for the words from 'thirty-five days' to the end there were substituted 'the period beginning with 4th March 2025 and ending with 1st May 2025'.
- Section 90 of the Local Government Act 1972 applies in respect of a person elected to fill a causal vacancy to which this article applies as if for the words from 'date' to 'retired' there were substituted 'fourth day after the ordinary day of election of councillors in 2026'.
This section deals with casual vacancies (unexpected vacancies) that arose before the order's effective date.
It modifies the timeframe for filling these vacancies, extending it to May 1st, 2025, and sets the retirement date for anyone elected to fill these vacancies as the fourth day after the 2026 ordinary election day, aligning with the general postponement.
- In the following Orders, in article 1(b), for '2025' substitute '2026'-
- (a) the Norfolk (Electoral Changes) Order 2021;
- (b) the Suffolk (Electoral Changes) Order 2022;
- (c) the Wealden (Electoral Changes) Order 2024;
- (d) the Uttlesford (Electoral Changes) Order 2024;
- (e) the Surrey (Electoral Changes) Order 2024;
- (f) the Essex (Electoral Changes) Order 2024;
- (g) the Thurrock (Electoral Changes) Order 2025.
- In the West Suffolk (Electoral Changes) Order 2023, in article 1(b), for '2025' substitute '2026'.
- In article 2, and of the Borough of Thurrock (Scheme of Elections) Order 2024, for '2025' substitute '2026'.
This section makes consequential amendments to several other Orders, changing the year '2025' to '2026' to maintain consistency with the postponed elections.
This ensures that related electoral changes in these other orders take effect simultaneously.
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