40 Other functions of the West Surrey shadow authority
(1) The following provisions apply in relation to the West Surrey shadow authority, notwithstanding that it does not have the functions and full powers of a local authority—
(a) the following provisions of the Local Democracy, Economic Development and Construction Act 2009—
(i) section 109A (proposal for new combined authority); and
(ii) section 110 (requirements in connection with establishment of combined authority);
(b) the following provisions of the 1972 Act—
(i) section 3 (chairman);
(ii) section 5 (vice-chairman);
(iii) Parts 5 and 5A (general provisions as to members and proceedings of local authorities, access to meetings and documents of certain authorities, committees and sub-committees);
(iv) section 103 (expenses of joint committees);
(v) section 106 (standing orders);
(vi) section 146 (transfer of securities on alteration of area, etc.);
(vii) section 178 (regulations as to allowances); and
(viii) section 245 (status of certain districts, parishes and communities).
(2) The West Surrey shadow authority, notwithstanding that it does not have the functions and full powers of a local authority, is to be treated—
(a) for the purposes of the Local Audit and Accountability Act 2014 and any regulations made under that Act as if it were a district council;
(b) for the purposes of section 101 of the 2000 Act (indemnification of members and officers of relevant authorities), as a relevant authority;
(c) for the purposes of Part 1 of the Local Government Act 2003 (capital finance etc and accounts), as a local authority;
(d) for the purposes of the Local Authorities (Standing Orders) (England) Regulations 2001, as a relevant authority;
(e) for the purposes of the Data Protection Act 2018, as a public authority; and
(f) for the purposes of the Freedom of Information Act 2000, as a public authority.
41 Discharge of the West Surrey shadow authority’s functions by the West Surrey shadow executive
(1) Except to the extent that any provision of any Act, this Order, or regulations under section 9D of the 2000 Act (functions which are the responsibility of an executive), section 9DA of that Act (functions of an executive: further provision), or section 13 of that Act (functions which are the responsibility of an executive) requires otherwise, the functions conferred on the West Surrey shadow authority by or under this Order are to be delegated to, and discharged by, the West Surrey shadow executive.
(2) Paragraph (1) does not prevent the West Surrey shadow executive from requesting the West Surrey shadow authority to discharge any function specified in a notice given by the shadow executive to the proper officer of the shadow authority, and the shadow authority must comply with any such request within such period as the shadow executive may specify.
(1) This article applies where—
(a) before the coming into force of this Order a casual vacancy occurs in the office of councillor of the county council or any of the East Surrey councils or the West Surrey councils, and
(b) but for this Order, that vacancy would have been filled at the ordinary election of councillors in 2026 in accordance with section 89(3) of the 1972 Act.
(2) Where this article applies, section 89(1) of the 1972 Act applies in respect of that vacancy as if, in paragraphs (a) and (b), for the words “thirty-five days” to the end there were substituted “the period beginning with 30th March 2026 and ending with 21st May 2026”.
The total of the expenditure properly incurred by the East Surrey Council returning officer and the West Surrey Council returning officer in relation to the holding of the 2026 elections is to be divided among, and paid by, the county council, the East Surrey councils and the West Surrey councils in such proportions as may be agreed between them but, where the East Surrey Council returning officer or the West Surrey Council returning officer notifies the Secretary of State that there is no such agreement, the Secretary of State may—
(a) determine the proportions in which the expenditure is to be divided and paid; or
(b) appoint an arbitrator for that purpose.
45 Surrey County Council and councillors of that Council
(1) Notwithstanding section 7(1) of the 1972 Act (elections of councillors)—
(a) an ordinary election is not to be held in 2026 for the return of councillors to the county council;
(b) the term of office of councillors serving as councillors of the county council ends on 1st April 2027.
(2) Subject to paragraph (3), nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) authorises the holding of an election to fill a casual vacancy in the office of councillor of the county council where that vacancy arises after 30th September 2026 and before 1st April 2027.
(3) Where, on the occurrence of a vacancy mentioned in paragraph (2), or the occurrence of a number of simultaneous such vacancies, the total number of unfilled vacancies in the membership of the county council exceeds one third of the whole number of members of that council, an election to fill such vacancy or vacancies must be held in accordance with section 89 of the 1972 Act.
(4) Where, in the circumstances mentioned in paragraph (3), the declaration mentioned in section 89(1)(a) of the 1972 Act is made, or the notice in writing mentioned in section 89(1)(b) of the 1972 Act is given, within the period of thirty-five days ending with 1st April 2027, computed in accordance with section 243(4) of the 1972 Act (timing of elections), an election must not be held and any proceedings required by the Local Elections (Principal Areas) (England and Wales) Rules 2006 must not be commenced.
46 Cancellation of elections to East Surrey councils
(1) Notwithstanding section 7(8) and (9) of the 1972 Act (elections of councillors)—
(a) ordinary elections are not to be held in 2026 for the return of councillors to the East Surrey councils;
(b) the term of office of councillors serving as councillors of any of those councils ends on 1st April 2027.
(2) Subject to paragraph (3), nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) authorises the holding of an election to fill a casual vacancy in the office of councillor of any of the East Surrey councils where that vacancy arises after 30th September 2026 and before 1st April 2027.
(3) Where, on the occurrence of a vacancy mentioned in paragraph (2), or the occurrence of a number of simultaneous such vacancies, the total number of unfilled vacancies in the membership of one of the East Surrey councils exceeds one third of the whole number of members of that council, an election to fill such vacancy or vacancies must be held in accordance with section 89 of the 1972 Act.
(4) Where, in the circumstances mentioned in paragraph (3), the declaration mentioned in section 89(1)(a) of the 1972 Act is made, or the notice in writing mentioned in section 89(1)(b) of the 1972 Act is given, within the period of thirty-five days ending with 1st April 2027, computed in accordance with section 243(4) of the 1972 Act, an election must not be held and any proceedings required by the Local Elections (Principal Areas) (England and Wales) Rules 2006 must not be commenced.
47 Election of councillors of East Surrey Council in 2026 and subsequent years
(1) A whole council election of councillors of East Surrey Council is to be held—
(a) on the ordinary day of election of councillors in 2026;
(b) on the ordinary day of election of councillors in 2031;
(c) every fourth year thereafter.
(2) For the purposes of the election of councillors of East Surrey Council—
(a) East Surrey is to be divided into wards;
(b) the names of the new wards are those set out in column 1 of the table in Schedule 1 to this Order;
(c) the area of each new ward is to be the same as that of the county council electoral division of that name as provided in the 2024 Order, and as set out in the corresponding entry in column 2 of that table;
(d) each new ward is to return the number of councillors set out in column 3 of that table.
(3) For the 2026 election the returning officer for East Surrey is the head of paid service of Reigate & Banstead Borough Council (“the East Surrey Council returning officer”).
(4) The East Surrey Council returning officer must take such steps as are necessary or appropriate to prepare for the 2026 election.
(5) In relation to the 2026 election, “the appropriate officer” in Parts 1 and 2 of the Representation of the People Act 1983 does not have the meaning given by section 67(7) of that Act but means the East Surrey Council returning officer.
(6) Councillors elected in the 2026 election come into office on the fourth day after the day of the 2026 election.
(7) All councillors elected in 2026 or any later year are to retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors are to come into office on the day on which their predecessors retire.
(8) In this article “the year of retirement”—
(a) in relation to councillors elected in 2026 means 2031;
(b) in relation to councillors elected in 2031 or in any later year means the fourth year after the year of election of those councillors.
(9) The East Surrey Council returning officer must convene, and make all necessary arrangements for, the first meeting of the East Surrey shadow authority, which must be held not later than the fourteenth day after the ordinary day of election of councillors in 2026.
(10) Where, during the shadow period, a casual vacancy occurs in the office of councillor for East Surrey Council and an election is required to be held in accordance with section 89 of the 1972 Act, the returning officer for that election is that council’s head of paid service or (if an appointment has not been made under article 21(2)(c)) the interim head of paid service of the shadow authority appointed in accordance with article 21(1)(c).
(11) In relation to an election held to fill a casual vacancy in the circumstances referred to in paragraph (10) “the appropriate officer” in Parts 1 and 2 of the Representation of the People Act 1983 does not have the meaning given by section 67(7) of that Act but means—
(a) the head of paid service of East Surrey Council; or
(b) the interim head of paid service of the East Surrey shadow authority.
(12) For the purposes of section 83(1) to (3) of the 1972 Act (declaration of acceptance of office), the proper officer of East Surrey Council for the 2026 election is the East Surrey Council returning officer.
(13) The East Surrey Council returning officer may authorise an officer of the county council or one of the East Surrey councils to discharge the functions of the proper officer mentioned in paragraph (12).
48 Cancellation of elections to West Surrey councils
(1) Notwithstanding section 7(8) and (9) of the 1972 Act (elections of councillors)—
(a) ordinary elections are not to be held in 2026 for the return of councillors to the West Surrey councils;
(b) the term of office of councillors serving as councillors of any of those councils ends on 1st April 2027.
(2) Subject to paragraph (3), nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) authorises the holding of an election to fill a casual vacancy in the office of councillor of any of the West Surrey councils where that vacancy arises after 30th September 2026 and before 1st April 2027.
(3) Where, on the occurrence of a vacancy mentioned in paragraph (2), or the occurrence of a number of simultaneous such vacancies, the total number of unfilled vacancies in the membership of one of the West Surrey councils exceeds one third of the whole number of members of that council, an election to fill such vacancy or vacancies must be held in accordance with section 89 of the 1972 Act.
(4) Where, in the circumstances mentioned in paragraph (3), the declaration mentioned in section 89(1)(a) of the 1972 Act is made, or the notice in writing mentioned in section 89(1)(b) of the 1972 Act is given, within the period of thirty-five days ending with 1st April 2027, computed in accordance with section 243(4) of the 1972 Act, an election must not be held and any proceedings required by the Local Elections (Principal Areas) (England and Wales) Rules 2006 must not be commenced.
49 Election of councillors of West Surrey Council in 2026 and subsequent years
(1) A whole council election of councillors of West Surrey Council is to be held—
(a) on the ordinary day of election of councillors in 2026;
(b) on the ordinary day of election of councillors in 2031;
(c) every fourth year thereafter.
(2) For the purposes of the election of councillors of West Surrey Council—
(a) West Surrey is to be divided into wards;
(b) the names of the new wards are those set out in column 1 of the table in Schedule 2 to this Order;
(c) the area of each new ward is to be the same as that of the county council electoral division of that name as provided in the 2024 Order, and as set out in the corresponding entry in column 2 of that table;
(d) each new ward is to return the number of councillors set out in column 3 of that table.
(3) For the 2026 election the returning officer for West Surrey is the head of paid service of Runnymede Borough Council (“the West Surrey Council returning officer”).
(4) The West Surrey Council returning officer must take such steps as are necessary or appropriate to prepare for the 2026 election.
(5) In relation to the 2026 election, “the appropriate officer” in Parts 1 and 2 of the Representation of the People Act 1983 does not have the meaning given by section 67(7) of that Act but means the West Surrey Council returning officer.
(6) Councillors elected in the 2026 election come into office on the fourth day after the day of the 2026 election.
(7) All councillors elected in 2026 or any later year are to retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors are to come into office on the day on which their predecessors retire.
(8) In this article “the year of retirement”—
(a) in relation to councillors elected in 2026 means 2031;
(b) in relation to councillors elected in 2031 or in any later year means the fourth year after the year of election of those councillors.
(9) The West Surrey Council returning officer must convene, and make all necessary arrangements for, the first meeting of the West Surrey shadow authority, which must be held not later than the fourteenth day after the ordinary day of election of councillors in 2026.
(10) Where, during the shadow period, a casual vacancy occurs in the office of councillor for West Surrey Council and an election is required to be held in accordance with section 89 of the 1972 Act, the returning officer for that election is that council’s head of paid service or (if an appointment has not been made under article 33(2)(c)) the interim head of paid service of the shadow authority appointed in accordance with article 33(1)(c).
(11) In relation to an election held to fill a casual vacancy in the circumstances referred to in paragraph (10) “the appropriate officer” in Parts 1 and 2 of the Representation of the People Act 1983 does not have the meaning given by section 67(7) of that Act but means—
(a) the head of paid service of West Surrey Council; or
(b) the interim head of paid service of the West Surrey shadow authority.
(12) For the purposes of section 83(1) to (3) of the 1972 Act (declaration of acceptance of office), the proper officer of West Surrey Council for the 2026 election is the West Surrey Council returning officer.
(13) The West Surrey Council returning officer may authorise an officer of the county council or one of the West Surrey councils to discharge the functions of the proper officer mentioned in paragraph (12).