Commentary on Sections Section 8: By-elections
21.This section gives effect to the Schedule. Provisions in the Schedule prevent Parliamentary by-elections from taking place on the same day as the European elections in June 2004. Provisions also prevent mayoral referendums and elections, from taking place on either the day of the European elections or at any time within three weeks before or after that date
22.With respect to local government by-elections in England and Wales, the treatment is different as the Act provides that by-elections may be conducted as part of the pilot if the returning officers exercise their discretion to combine the by-elections with the European elections. If these elections are not combined, provision is made to ensure that local government by-elections are not held on the same day, or in the period four weeks before and three weeks after, the European Parliamentary election.
23.The provisions in the Schedule apply only to the four pilot regions.