The Local Authorities (Referendums and Election of Mayors) (England) (Amendment) Regulations 2025
These regulations amend existing legislation governing local authority referendums and mayoral elections in England.
The key changes postpone referendums and subsequent mayoral elections, if the petition or resolution falls between July 16, 2025, and the day before the 2026 ordinary election, until after the 2026 election, ensuring better alignment with regular election cycles.
This aims to enhance efficiency, reduce conflict, and possibly increase voter turnout.
Arguments For
Improved Efficiency and Consistency: The amendments streamline the process managing potential conflicts between referendum dates and regular local elections, leading to a more efficient use of resources and a consistent electoral calendar.
Enhanced Voter Turnout: Aligning referendum and mayoral election dates with existing election cycles could potentially increase voter turnout, thus leading to greater democratic engagement.
Legal Compliance and Clarity: The amendments clarify the legal framework surrounding local authority referendums and mayoral elections, ensuring compliance with the Local Government Act 2000 and preventing potential legal challenges.
Reduced Administrative Burden: By establishing clear timelines for referendums and elections, the amendments may improve coordination across different levels of government and simplify the administrative processes involved.
Arguments Against
Potential for Delay in Local Governance Changes: Delaying referendums and mayoral elections might postpone the implementation of desired local governance changes, potentially affecting policy decisions and local service provision.
Limited Public Awareness: Changes to electoral timings may not be adequately communicated to the local electorate due to limited public awareness of the legislation. This could lead to diminished participation in the affected elections.
Unforeseen Consequences: Changes to the regulatory framework, despite careful consideration, may lead to unforeseen logistical or legal issues impacting local authorities and voters once implemented.
Resource Implications: While intended to be efficient, implementation may require additional resources from local authorities or electoral commissions to adjust to the new timelines.
- Citation, commencement and extent (1) These Regulations may be cited as the Local Authorities (Referendums and Election of Mayors) (England) (Amendment) Regulations 2025. (2) These Regulations come into force on 16th July 2025. (3) These Regulations extend to England and Wales.
This section provides the formal citation, effective date, and geographical scope of the regulations.
The regulations are officially titled as stated in (1) and will be legally in effect from July 16, 2025.
Their application covers England and Wales.
- Amendment of the Local Authorities (Referendums) (Petitions) (England) Regulations 2011 In the Local Authorities (Referendums) (Petitions) (England) Regulations 2011, in regulation 16 (timing of referendum in consequence of valid petition)— (a) in paragraph (1), for “paragraphs (2) and (3)” substitute “paragraphs (2), (2A) and (3)”; (b) in paragraph (2), for “Paragraph” substitute “Subject to paragraph (2A), paragraph”; (c) after paragraph (2) insert— (2A) Where the petition date for a valid petition falls within the period beginning with 16th July 2025 and ending with the day before the ordinary day of election in 2026— (a) paragraphs (1) and (2) shall not apply, and (b) a referendum in consequence of that valid petition shall be held no later than the end of the period of six months beginning with the ordinary day of election in 2026.”
This section amends Regulation 16 of the 2011 Regulations, which deals with the timing of referendums following a valid petition.
Subsections (a) and (b) adjust phrasing to accommodate the addition of a new subsection (2A).
New subsection (2A) provides that if a valid petition is submitted between July 16, 2025, and just before the 2026 election, the referendum will be held no later than six months after the 2026 election, overriding the original timelines.
- Amendment of the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012 In the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012, in regulation 3 (first election of mayor)— (a) in paragraph (1), for “paragraph (1A)” substitute “paragraphs (1A) and (3A)”; (b) in paragraph (1A), for “Where” substitute “Subject to paragraph (3A), where”; (c) in paragraph (3), for “If” substitute “Subject to paragraph (3A), if”; (d) after paragraph (3) insert— (3A) If the date of the referendum or the date the mayoral resolution was passed falls within the period beginning with 16th July 2025 and ending with the day before the ordinary day of election in 2026, the first election shall take place on the second ordinary day of election after (as the case may be) the date of the referendum or the date the mayoral resolution was passed.”
This section modifies Regulation 3 of the 2012 Regulations related to the first mayoral election.
Similar to the previous section, subsections (a), (b), and (c) amend existing text to accommodate a new subsection (3A).
The new subsection (3A) states that if a referendum or mayoral resolution occurs between July 16, 2025, and the 2026 election, the first mayoral election will be held on the second ordinary election day after the referendum or resolution date.