Local Electoral Act 2001

19H Review of representation arrangements for elections of territorial authorities

(1)

A territorial authority must determine by resolution, and in accordance with this Part,—

(a)

whether the members of the territorial authority (other than the mayor) are proposed to be elected—

(i)

by the electors of the district as a whole; or

(ii)

by the electors of 2 or more wards; or

(iii)

in some cases by the electors of the district as a whole and in the other cases by the electors of each ward of the district; and

(b)

in any case to which paragraph (a)(i) applies, the proposed number of members to be elected by the electors of the district as a whole; and

(c)

in any case to which paragraph (a)(iii) applies,—

(i)

the proposed number of members to be elected by the electors of the district as a whole; and

(ii)

the proposed number of members to be elected by the wards of the district; and

(d)

in any case to which paragraph (a)(ii) or paragraph (a)(iii) applies,—

(i)

the proposed name and the proposed boundaries of each ward; and

(ii)

the number of members proposed to be elected by the electors of each ward; and

(e)

the proposed number of elected members of any local board and, if an Order in Council under section 25 of the Local Government Act 2002 so provides, the proposed number of appointed members of that board; and

(f)

whether the elected members of any local board are proposed to be elected—

(i)

by the electors of the local board area as a whole; or

(ii)

by the electors of 2 or more subdivisions of the local board area; or

(iii)

if the local board area comprises 2 or more wards, by the electors of each ward; and

(g)

in any case to which paragraph (f)(ii) applies,—

(i)

the proposed name and the proposed boundaries of each subdivision; and

(ii)

the number of members proposed to be elected by the electors of each subdivision; and

(h)

in any case to which paragraph (f)(iii) applies, the number of members of the local board proposed to be elected by the electors of each ward; and

(i)

the proposed name of any local board.

(2)

The determination required by subsection (1) must be made by a territorial authority,—

(a)

on the first occasion, either in 2003 or in 2006; and

(b)

subsequently, at least once in every period of 6 years after the year in which the first determination was made.

(2A)

To avoid doubt, subsection (2) is subject to sections 19K(1AA) and 19M(1).

(3)

This section must be read in conjunction with section 19ZH and Schedule 1A.

Compare: 1974 No 66 s 101H(1)

Section 19H: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 19H(1)(d)(ii): amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 19H(1)(e): inserted, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 19H(1)(f): inserted, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 19H(1)(g): inserted, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 19H(1)(h): inserted, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 19H(1)(i): inserted, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 19H(2)(b): replaced, on 29 June 2013, by section 6(1) of the Local Electoral Amendment Act 2013 (2013 No 40).

Section 19H(2A): inserted, on 29 June 2013, by section 6(2) of the Local Electoral Amendment Act 2013 (2013 No 40).