Remove power to cancel local government elections

Change the law to remove the power of the Secretary of State to cancel any further forthcoming local government, metropolitan borough, London borough or any other elections, for example, but not limited to, those due in May 2026.

Parliament has conferred powers on the Secretary of State to postpone local elections under the Local Government Act 2000. While these powers sit with the Secretary of State, Parliament retains an oversight role through the statutory instrument process, ensuring democratic accountability. These powers are used infrequently.

Most recently they were used in February 2025 when a statutory instrument was made to postpone the ordinary local elections due to take place in May 2025 in East Sussex, Essex, Hampshire, Isle of Wight, Norfolk, Suffolk, Surrey, Thurrock and West Sussex. The instrument was made using statutory powers, laid before Parliament and debated and voted on by both Houses. The accompanying Explanatory Memorandum to the 2025 statutory instrument sets out the reasons for the decision: https://www.legislation.gov.uk/uksi/2025/137/pdfs/uksiem_20250137_en_001.pdf

On 18 December 2025, the Minister for Local Government and Homelessness updated Parliament (https://questions-statements.parliament.uk/written-statements/detail/2025-12-18/hcws1215) that she had written to councils going through local government reorganisation that have elections scheduled for May 2026. She invited council leaders to set out their views on the postponement of local elections in their area and if they consider that postponement would release essential capacity to deliver local government reorganisation. No decisions have been made at this stage; all evidence and representations will be considered individually before any final decision. Any subsequent legislation would be subject to Parliament. The majority of local elections in 2026 are unaffected by local government reorganisation.

Parliament has also conferred powers on the Secretary of State to implement proposals for unitary local government under the Local Government and Public Involvement in Health Act 2007. These powers include provision for electoral matters. Again, while these powers sit with the Secretary of State, Parliament retains an oversight role through the statutory instrument process, ensuring democratic accountability. When these powers are used, it is typical to provide for elections to the new councils and to cancel any scheduled elections to predecessor councils that otherwise would take place at the same time. We have set out our intention to use these powers to implement the proposal for two new unitary councils in Surrey. We will bring to the House, for approval, a Structural Changes Order, which will establish East Surrey Council and West Surrey Council.

On December 4 2025, the Government announced it is minded to hold the inaugural mayoral elections for Sussex and Brighton, Hampshire and the Solent, Norfolk and Suffolk, and Greater Essex in May 2028, so that areas will have completed the local government reorganisation, and establish the strategic authority before mayors take office. This is because devolution is strongest when it is built on strong foundations and moving forward we will want to ensure strong unitary structures are in place before areas access mayoral devolution.

Ministry of Housing, Communities & Local Government