The English Devolution and Community Empowerment Act 2026 (Commencement No. 1 and Saving) Regulations 2026
This statutory instrument brings into force specific provisions of the English Devolution and Community Empowerment Act 2026 concerning the electoral system for mayors.
It directs that elections for combined authority mayors and combined county authority mayors must utilize the supplementary vote system.
The regulations apply to electoral administrators and candidates in England, though they exempt any elections where the formal notice was published prior to June 18, 2026.
Arguments For
The document states that the amendments require combined authority and combined county authority mayoral elections to be conducted using the supplementary vote system.
The explanatory note indicates that the regulations provide for a transition by including a saving provision, ensuring that elections already in progress before the commencement date are not disrupted.
Proponents of the underlying Act, as referenced in the explanatory note, suggest that the changes were subject to an impact assessment and an addendum specifically addressing the supplementary vote provision.
Arguments Against
Legal commentators might note that the regulations introduce a different voting system for specific mayoral elections, which could lead to divergent electoral processes depending on the timing of the notice of election.
Administrative bodies may find the immediate commencement date (the day after the regulations were made) challenging for updating guidance or training staff for upcoming elections.
Critics of the supplementary vote system itself often argue that it can be more complex for voters to understand compared to first-past-the-post systems, potentially impacting spoilt ballot rates.
Citation
- These Regulations may be cited as the English Devolution and Community Empowerment Act 2026 (Commencement No. 1 and Saving) Regulations 2026.
This section establishes the official title by which the legal instrument is to be identified.
It serves as the formal citation for legal and administrative purposes.
Provisions coming into force on 18th June 2026
- The following provisions of the English Devolution and Community Empowerment Act 2026 come into force on 18th June 2026-
- (a) section 63 (Mayors and Police and Crime Commissioners: supplementary vote system), so far as it relates to the provisions listed in paragraph (b);
- (b) paragraphs 12 to 19 of Schedule 30 (Mayors and PCCs: supplementary vote system).
This provision activates specific parts of the parent Act on June 18, 2026.
It specifically brings into effect the legal machinery required to implement a supplementary vote system for mayoral and Police and Crime Commissioner elections as detailed in Schedule 30.
Saving for ongoing mayoral elections
- The amendments made by the provisions listed in regulation 2 do not apply for the purposes of-
- (a) an election for the return of a combined authority mayor in accordance with Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009( 2 ), or
( 1 ) 2026 c. 23.
( 2 ) 2009 c. 20. Schedule 5B was inserted by section 2(2) of, and Schedule 1 to, the Cities and Local Government Devolution Act 2016 (c. 1), and was amended by section 2(2) of the Local Government (Disqualification) Act 2022 (c. 17), by section 13(12) to (15) of, and paragraph 6 of Schedule 5 and paragraph 5 of Schedule 8 to, the Elections Act 2022 (c. 37) and by S.l. 2016/997, 2021/1265.
- (b) an election for the return of a combined county authority mayor in accordance with Schedule 2 to the Levelling-up and Regeneration Act 2023( 3 ),
in respect of which the notice of election is published before 18th June 2026.
This section creates a legal 'saving,' which preserves the previous electoral rules for contests already underway.
It stipulates that the new supplementary vote requirements do not apply to any mayoral election where the official public notice was issued before the commencement date of June 18, 2026.
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