NALC have spotted that the Monday following the local council elections on Thursday 2 May next year (2019) falls on a bank holiday. This matters for establishing the date that councillors retire and new councillors assume office, that is, the fourth day after the ordinary day of election (s.16 (3) of the Local Government Act 1972).
In many cases bank holidays do not count for the purpose of computing days – s.243 of the 1972 Act. NALC’s view in this case is that the relevant day for retiring/ taking office would be the day after the bank holiday Monday; Tuesday 7 May 2019. We put this to the Electoral Commission, who agreed with our view, stating;
“It is the Commission view that the bank holiday postpones the day of retirement and taking office for councillors by one day, as the bank holiday you are referring to is on Monday 6th May 2019, this means that the relevant day for retirement and taking office is Tuesday 7th May”.
A briefing to this effect will be put out closer to the elections next year.
Taken from the NALC legal newsletter 10 October 2018