The Sandwell (Electoral Changes) Order 2025
This Order gives effect to the September 2025 recommendations of the Local Government Boundary Commission for England for changes to the electoral arrangements in the Borough of Sandwell, legally abolishing the existing electoral wards and establishing 24 new wards, each entitled to three councillors, effective for the 2026 local elections, while also detailing necessary provisions for the retirement cycle of the newly elected councillors.
Arguments For
The changes implement the final recommendations of the Local Government Boundary Commission for England (LGBCE), ensuring electoral arrangements are based on a recent, formal review process.
The new structure establishes 24 wards, each electing three councillors, aiming for a consistent and balanced electoral representation across the borough.
Provisions for staggered retirements beginning in 2027 ensure a gradual transition to the new ward structure from the initial 2026 whole-council election.
The Order facilitates a foundational reorganisation of local representation, potentially leading to wards that better reflect local communities of interest.
Arguments Against
Abolishing all existing wards simultaneously disrupts established local ties and representation structures immediately prior to the 2026 election, potentially confusing voters and incumbent councillors.
The introduction of three-member wards (three councillors per ward) is a change from presumed single-member wards, which can alter campaign dynamics and voter choice.
The process of determining retirement order based on vote count in an uncontested election (determined by lot) may be perceived as arbitrary by candidates or electors in newly formed wards.
The lack of a full impact assessment suggests potential unforeseen administrative or community engagement challenges arising from the restructuring may not have been fully modelled.
Under section 58(4) of the Local Democracy, Economic Development and Construction Act 2009 (“the Act”) the Local Government Boundary Commission for England (“the Commission”) published a report dated September 2025 stating its recommendations for changes to the electoral arrangements for the borough of Sandwell. The Commission has decided to give effect to the recommendations.
A draft of the instrument has been laid before Parliament and a period of forty days has expired since the day on which it was laid and neither House has resolved that the instrument be not made.
The Commission makes the following Order in exercise of the power conferred by section 59(1) of the Act.
This Order is made using powers granted under the Local Democracy, Economic Development and Construction Act 2009 following a September 2025 report from the Local Government Boundary Commission for England (the Commission).
The Commission recommended changes to the electoral arrangements for the Borough of Sandwell, and the decision has been made to implement these recommendations.
Parliament has approved the instrument, as the statutory 40-day review period passed without either House resolving against making the Order.
The Commission issues this Order exercising its authority under section 59(1) of the governing Act.
Citation, commencement, extent and application 1. (1) This Order may be cited as the Sandwell (Electoral Changes) Order 2025. (2) This article and article 2 come into force on the day after the day on which this Order is made. (3) Articles 3 and 4 come into force— (a) for the purposes of proceedings preliminary or relating to the election of councillors, on the day after the day on which this Order is made; (b) for all other purposes, on the ordinary day of election of councillors in England in 2026. (4) This Order extends to England and Wales but applies in relation to England only.
This Order is formally named the Sandwell (Electoral Changes) Order 2025.
This article, along with Article 2 concerning interpretation, becomes legally effective the day immediately following its formal creation.
Articles 3 and 4 have a dual commencement schedule.
They take effect for any preliminary election proceedings the day after the Order is made.
However, their full legal effect for all other purposes starts on the ordinary day of councillor elections in England in 2026.
Although the legislation affects both England and Wales in its scope, the provisions within this Order apply only to electoral matters within England.
Interpretation 2. (1) In this Order, “the map” means the map marked “Map referred to in the Sandwell (Electoral Changes) Order 2025” held by the Local Government Boundary Commission for England. (2) Where a boundary is shown on the map as running along a road, railway line, footway, watercourse, or similar geographical feature, it is to be treated as running along the centre line of that feature.
The term 'the map' within this legislation refers to the specific map titled “Map referred to in the Sandwell (Electoral Changes) Order 2025,” which is kept by the Local Government Boundary Commission for England.
When any boundary line marked on this map follows a feature such as a road, railway, path, or water feature, that boundary is legally defined as running along the exact centre line of that feature.
Wards of the borough of Sandwell and number of councillors 3. (1) The existing wards of the borough of Sandwell are abolished. (2) The borough of Sandwell is divided into the 24 wards listed in the Schedule. (3) Each ward comprises the area identified on the map by reference to the name of the ward. (4) The number of councillors to be elected for each ward is three.
All current electoral wards within the Borough of Sandwell are legally cancelled by this provision.
This action invalidates the previous administrative divisions for electoral purposes.
The Borough of Sandwell is officially restructured into 24 new electoral wards, which are specified in detail in the Schedule accompanying this Order.
Every new ward's geographical area is defined by the corresponding area marked for that ward's name on the official map referenced earlier.
Each of these 24 new wards is mandated to elect exactly three councillors to represent it.
Elections of the borough of Sandwell 4. (1) Elections of all councillors for each ward of the borough of Sandwell are to be held simultaneously on the ordinary day of election of councillors in England in 2026. (2) The councillors holding office for any ward abolished by article 3(1) immediately before the fourth day after the ordinary day of election of councillors in England in 2026 are to retire on that fourth day and the newly elected councillors are to come into office on that fourth day. (3) Of the councillors elected for a ward in 2026— (a) one is to retire on the fourth day after the ordinary day of election of councillors in England in 2027, (b) one is to retire on the fourth day after the ordinary day of election of councillors in England in 2028, and (c) one is to retire on the fourth day after the ordinary day of election of councillors in England in 2030. (4) Of the councillors elected for a ward in 2026— (a) the first councillor for each ward to retire is to be the councillor elected by the smallest number of votes, and (b) the second councillor for each ward to retire is to be the councillor elected by the next smallest number of votes. (5) In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year is to be determined by lot. (6) If an election of councillors for any ward is not contested, the person to retire in each year is to be determined by lot. (7) An election to replace a councillor who is to retire under paragraph (3) is to be held on the ordinary day of election of councillors in England in the year in which the retirement is due to take place, and any newly elected councillor is to come into office on the fourth day after that day. (8) Where under this article any question is to be determined by lot, the lot is to be drawn at the next practicable meeting of the council after the question has arisen and the drawing is to be conducted under the direction of the person presiding at the meeting.
A full election for all councillors across every new ward in Sandwell must take place concurrently on the standard English local election day in 2026.
This marks a shift to the new ward structure.
Councillors holding office for the abolished wards immediately prior to the fourth day following the 2026 election will vacate their positions on that fourth day, at which point the newly elected councillors will officially commence their terms of office.
To institute a system of election by thirds after the 2026 general election, the three councillors elected for each ward in 2026 will retire sequentially: one in 2027, one in 2028, and the final one in 2030, following the corresponding ordinary election days.
To determine which of the three elected councillors retires first and second, the councillor elected with the fewest votes retires first, and the one elected by the second-lowest vote count retires second.
If there is a tie in votes that makes the retirement order ambiguous for any year, the issue is resolved by drawing lots.
If an election within a specific ward is not contested (i.e., there are no opposing candidates), the order of retirement for that ward in subsequent years will also be decided by drawing lots.
Elections held to replace retiring councillors under paragraph (3) occur on the ordinary election day of the relevant year, and the successful candidate takes office four days after that election day.
Whenever a determination by lot is required under this article, the necessary drawing must take place during the council's next feasible meeting, overseen by the meeting chairperson.