Cities and Local Government Devolution Bill (HC Bill 64)

Cities and Local Government Devolution BillPage 20

25 Short title

(1) This Act may be cited as the Cities and Local Government Devolution Act 2015.

(2) Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
5in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge
.

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SCHEDULES

Section 3

SCHEDULE 1 Mayors for combined authority areas: further provision about elections

This is the Schedule to be inserted after Schedule 5A to the Local Democracy,
5Economic Development and Construction Act 2009—

“Schedule 5B Mayors for combined authority areas: further provision about
elections

Interpretation

1 In this Schedule references to a mayor are references to a mayor for
10the area of a combined authority.

Timing of elections

2 (1) The term of office of a mayor is to be four years.

(2) The first election for the return of a mayor is to take place on the
first day of ordinary elections of councillors of a constituent
15council to take place after the end of the period of 6 months
beginning with the day on which the order under section 107A
comes into force.

(3) Subsequent elections for the return of a mayor are to take place in
every fourth year thereafter on the same day as the ordinary
20election of councillors of that constituent council.

(4) But this paragraph has effect subject to any provision made under
paragraph 3.

(5) In this paragraph “constituent council” means—

(a) a county council the whole or any part of whose area is
25within the area of the combined authority, or

(b) a district council whose area is within the area of the
combined authority.

3 The Secretary of State may by order make provision—

(a) as to the dates on which and years in which elections for
30the return of a mayor may or must take place,

(b) as to the intervals between elections for the return of a
mayor,

(c) as to the term of office of a mayor, and

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(d) as to the filling of vacancies in the office of a mayor.

Voting at elections of mayors

4 (1) Each person entitled to vote as an elector at an election for the
return of a mayor is to have the following vote or votes—

(a) 5one vote (a “first preference vote”) which may be given for
the voter’s first preference from among the candidates to
be the mayor, and

(b) if there are three or more candidates to be the mayor, one
vote (a “second preference vote”) which may be given for
10the voter’s second preference from among those
candidates.

(2) The mayor is to be returned under the simple majority system,
unless there are three or more candidates.

(3) If there are three or more candidates to be the mayor, the mayor is
15to be returned under the supplementary vote system in
accordance with paragraph 5.

5 (1) This paragraph applies if there are three or more candidates to be
a mayor.

(2) If one of the candidates to be the mayor receives more than half of
20all the first preference votes given in the election, that candidate is
to be returned as the mayor.

(3) If none of the candidates to be the mayor receives more than half
of all the first preference votes given in the election, the following
provisions are to have effect.

(4) 25The two candidates who received the greatest number of first
preference votes given in the election remain in the contest.

(5) If, by reason of an equality of first preference votes, three or more
candidates are qualified to remain in the contest by virtue of sub-
paragraph (4), all of them remain in the contest.

(6) 30The other candidates are eliminated from the contest.

(7) The number of second preference votes given in the election for
each of the candidates remaining in the contest by voters who did
not give their first preference vote to any of those candidates is to
be ascertained.

(8) 35That number is to be added to the number of first preference votes
given for that candidate, to give that candidate’s total number of
preference votes.

(9) The person who is to be returned as the mayor is that one of the
candidates remaining in the contest who has the greatest number
40of preference votes.

(10) If, by reason of an equality of total number of preference votes,
two or more candidates remaining in the contest each have the
greatest number of preference votes, the returning officer is to
decide by lots which of them is to be returned as the mayor.

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(11) In this paragraph “first preference vote” and “second preference
vote” has the meaning given in paragraph 4(1).

Entitlement to vote

6 (1) The persons entitled to vote as electors at an election for the return
5of a mayor for the area of a combined authority are those who on
the day of the poll—

(a) would be entitled to vote as electors at an election of
councillors for an electoral area situated wholly or partly
within the area of the authority, and

(b) 10are registered in the register of local government electors at
an address within the authority’s area.

(2) A person is not entitled as an elector to cast more than one first
preference vote, or more than one second preference vote, at an
election for the return of a mayor.

(3) 15In this paragraph—

  • “electoral area” has the meaning given by section 203(1) of the
    Representation of the People Act 1983;

  • “local government elector” has the meaning given by section
    270(1) of the Local Government Act 1972.

20Election as mayor and councillor

7 (1) If the person who is returned at an election as the mayor for the
area of a combined authority is also returned at an election held at
the same time as a councillor of a constituent council, a vacancy
arises in the office of councillor.

(2) 25If the person who is returned at an election (“the mayoral
election”) as the mayor for the area of a combined authority—

(a) is a councillor of a constituent council, and

(b) was returned as such a councillor at an election held at an
earlier time than the mayoral election,

30a vacancy arises in the office of councillor.

(3) Subject to sub-paragraph (4), a person who is elected as the mayor
for the area of a combined authority may not be a candidate in an
election for the return of a councillor or councillors of a constituent
council.

(4) 35A person who is the mayor for the area of a combined authority
may be a candidate in an election for the return of a councillor or
councillors of a constituent council if the election is held at the
same time as an election for the return of the mayor, but sub-
paragraph (1) applies if the person is a candidate in both such
40elections and is returned as the mayor and as a councillor.

(5) In this paragraph, “constituent council” means—

(a) a county council the whole or any part of whose area is
within the area of the combined authority, or

(b) a district council whose area is within the area of the
45combined authority.

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Qualification and disqualification

8 (1) In order to be qualified to be elected and to hold office as the
mayor for the area of a combined authority, a person must, on the
relevant day, be—

(a) 5at least 18 years old, and

(b) a qualifying citizen.

(2) The person must also—

(a) on and after the relevant day, be entitled (under paragraph
6) to vote in the election for the return of the mayor for that
10area, or

(b) for the twelve months before the relevant day—

(i) have occupied, as owner or tenant, land or other
premises within an electoral area situated wholly
or partly within the area of the authority,

(ii) 15had his or her principal or only place of work in
that electoral area, or

(iii) resided in that electoral area.

(3) In this paragraph—

  • “electoral area” has the meaning given by section 203(1) of the
    20Representation of the People Act 1983;

  • “qualifying citizen” means a person who is a qualifying
    Commonwealth citizen or a citizen of the Republic of
    Ireland or a relevant citizen of the Union, within the
    meaning given in section 79 of the Local Government Act
    251972;

  • “relevant day” means—

    (a)

    if the election is preceded by the nomination of
    candidates, the day on which the person is
    nominated, and

    (b)

    30if the election is not preceded by the nomination of
    candidates, the day of the election.

9 (1) A person is disqualified for being elected or holding office as the
mayor for the area of a combined authority if the person—

(a) holds any paid office or employment (other than the office
35of mayor or deputy mayor) appointments or elections to
which are or may be made by or on behalf of the combined
authority or any of the constituent councils;

(b) is the subject of—

(i) a debt relief restrictions order or an interim debt
40relief restrictions order under Schedule 4ZB to the
Insolvency Act 1986, or

(ii) a bankruptcy restrictions order or an interim
bankruptcy restrictions order under Schedule 4A
to the Insolvency Act 1986;

(c) 45has in the five years before being elected, or at any time
since being elected, been convicted in the United
Kingdom, the Channel Islands or the Isle of Man of an
offence and been sentenced to a period of imprisonment of
three months or more without the option of a fine;

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(d) is disqualified for being elected or for being a member of a
constituent council under Part 3 of the Representation of
the People Act 1983 (consequences of corrupt or illegal
practices).

(2) 5For the purposes of sub-paragraph (1)(c), a person is to be treated
as having been convicted on—

(a) the expiry of the ordinary period allowed for making an
appeal or application with respect to the conviction, or

(b) if an appeal or application is made, the date on which it is
10finally disposed of or abandoned or fails because it is not
prosecuted.

(3) In this paragraph, “constituent council” means—

(a) a county council the whole or any part of whose area is
within the area of the combined authority, or

(b) 15a district council whose area is within the area of the
combined authority.

10 Paragraph 8 of Schedule 5C contains further provision about
disqualification in the case of mayors who exercise PCC functions.

11 The acts of a person elected as a mayor for the area of a combined
20authority who acts in that office are, despite any disqualification
or lack of qualification—

(a) in respect of being, or being elected as, a mayor, or

(b) in respect of being, or being elected as, the mayor for that
area,

25as valid and effectual as if the person had not been so disqualified
or as if the person had been qualified.

Power to make further provision

12 (1) The Secretary of State may by order make provision as to—

(a) the conduct of elections for the return of mayors, and

(b) 30the questioning of elections for the return of mayors and
the consequences of irregularities.

(2) An order under sub-paragraph (1)(a) may, in particular, include
provision—

(a) about the registration of electors,

(b) 35for disregarding alterations in a register of electors,

(c) about the limitation of election expenses (and the creation
of criminal offences in connection with the limitation of
such expenses), and

(d) for the combination of polls at elections for the return of
40mayors and other elections.

(3) An order under this paragraph may—

(a) apply or incorporate (with or without modifications) any
provision of, or made under, the Representation of the
People Acts or any provision of any other enactment
45(whenever passed or made) relating to parliamentary
elections or local government elections,

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(b) modify any form contained in, or in regulations or rules
made under, the Representation of the People Acts so far
as may be necessary to enable it to be used both for the
original purpose and in relation to elections for the return
5of mayors, and

(c) so far as may be necessary in consequence of any provision
made by or under this Part or any order under this
paragraph, amend any provision of any enactment
(whenever passed or made) relating to the registration of
10parliamentary electors or local government electors.

(4) Before making an order under this paragraph, the Secretary of
State must consult the Electoral Commission.

(5) In addition, the power of the Secretary of State to make an order
under this paragraph so far as relating to matters mentioned in
15sub-paragraph (2)(c) is exercisable only on, and in accordance
with, a recommendation of the Electoral Commission, except
where the Secretary of State considers that it is expedient to
exercise that power in consequence of changes in the value of
money.

(6) 20No return of a mayor at an election is to be questioned except by
an election petition under the provisions of Part 3 of the
Representation of the People Act 1983 as applied by or
incorporated in an order under this paragraph.”

Section 5

SCHEDULE 2 25Mayors for combined authority areas: police and crime commissioner
functions

This is the Schedule to be inserted as Schedule 5C to the Local Democracy,
Economic Development and Construction Act 2009—

“Schedule 5C Mayors for combined authority areas: PCC functions

30Introductory

1 (1) This Schedule applies where an order is made under section
107E(1) providing for a mayor to exercise police and crime
commissioner functions.

(2) In this Schedule references to “the mayor” and the “combined
35authority area” are references to a mayor or area in relation to
which an order is made under section 107E(1).

(3) In this Schedule “the 2011 Act” means the Police Reform and
Social Responsibility Act 2011.

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PCC functions exercisable by the mayor

2 (1) The Secretary of State may by order provide that the mayor may
exercise in the combined authority area—

(a) all PCC functions,

(b) 5all PCC functions other than those specified or described in
the order, or

(c) only those PCC functions specified or described in the
order.

(2) But an order under sub-paragraph (1)(b) or (c) must secure that the
10following PCC functions are exercisable by the mayor in relation
to the combined authority area—

(a) the functions mentioned in subsections (6) to (8) of section
1 of the 2011 Act (securing maintenance of efficient and
effective police force and holding the relevant chief
15constable to account);

(b) the functions under sections 5, 7 and 8 of that Act (issuing
etc a police and crime plan);

(c) the functions under section 38 of that Act (appointing,
suspending or removing a chief constable).

20Delegation of functions

3 (1) The Secretary of State must by order make provision authorising
the mayor—

(a) to appoint a deputy mayor in respect of PCC functions
(“deputy PCC mayor”), and

(b) 25to arrange for the deputy PCC mayor to exercise any PCC
functions of the mayor.

(2) An order under this paragraph must include provision
authorising the mayor to arrange for any other person to exercise
any PCC functions of the mayor.

(3) 30An order under this paragraph must include provision preventing
the mayor from appointing as deputy PCC mayor—

(a) the person who is appointed as deputy mayor under
section 107C;

(b) a person listed in subsection (6) of section 18 of the 2011
35Act;

(c) any other person of a description specified in the order.

(4) An order under this paragraph must include provision preventing
the mayor from arranging for the deputy PCC mayor to exercise—

(a) a PCC function of the mayor of a kind listed in subsection
40(7)(a), (e) or (f) of section 18 of the 2011 Act, or

(b) any other PCC function specified or described in the order.

(5) An order under this paragraph must include provision preventing
the mayor from arranging, by virtue of provision under sub-
paragraph (2), for a person to exercise—

(a) 45any function if the person is listed in subsection (6) of
section 18 of the 2011 Act;

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(b) a function listed in subsection (7) of that section;

(c) any other PCC function specified or described in the order.

(6) An order under this paragraph must include provision
authorising the deputy PCC mayor to arrange for any other
5person to exercise any PCC function of the mayor which is
exercisable by the deputy PCC mayor in accordance with
provision made under this paragraph.

(7) An order under this paragraph must include provision preventing
the deputy PCC mayor from arranging for a person to exercise a
10function if—

(a) the person is listed in subsection (6) of section 18 of the
2011 Act, or

(b) the function is a PCC function of the mayor—

(i) of a kind listed in subsection (7)(b), (c) or (d) of that
15section, or

(ii) of any other kind specified or described in the
order.

Police and crime panels

4 The Secretary of State must by order provide for a panel to be
20established in relation to the combined authority area with
functions, in relation to the exercise by the mayor of PCC
functions, corresponding to those of a police and crime panel
under sections 28 and 29 of the 2011 Act.

Financial matters

5 25The Secretary of State must by order make provision—

(a) requiring the mayor to maintain a fund in relation to
receipts arising, and liabilities incurred, in the exercise of
PCC functions;

(b) about the preparation of an annual budget in relation to
30the exercise of such functions.

Suspension

6 The Secretary of State must by order provide for the panel
mentioned in paragraph 4 to have power to suspend the mayor, so
far as acting in the exercise of PCC functions, in circumstances
35corresponding to those mentioned in section 30(1) of the 2011 Act
in relation to a police and crime commissioner.

Conduct

7 The Secretary of State must by order make provision about the
matters mentioned in paragraphs (a) to (c) of section 31 of the 2011
40Act (taking references in those paragraphs to “relevant office
holders” as references to the mayor in the exercise of PCC
functions and the deputy PCC mayor).

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Disqualification

8 (1) The Secretary of State must by order provide for sections 64 to 68
of the 2011 Act to apply in relation to a person being, or being
elected as, the mayor as they apply in relation to a person being,
5or being elected as, a police and crime commissioner.

(2) Provision under sub-paragraph (1) is in addition to paragraphs 8
and 9 of Schedule 5B.

Policing protocol

9 The Secretary of State must by order require the mayor to have
10regard, in the exercise of PCC functions, to the policing protocol
issued under section 79 of the 2011 Act.

Application of certain enactments

10 (1) The Secretary of State must by order provide for the following
provisions of the Police Act 1996 to apply to the mayor, in the
15exercise of PCC functions, as though the mayor were a police and
crime commissioner—

(a) sections 24(4) and 98(6) (aid of one police force by another);

(b) sections 22A to 23H (collaboration agreements);

(c) sections 40 to 40B (powers to give directions);

(d) 20sections 54 and 55 (appointment and functions of Her
Majesty’s Inspectors of Constabulary);

(e) section 96A(2) (national and international functions).

(2) The Secretary of State must by order provide for provision similar
to section 41 of the Police Act 1996 (directions as to minimum
25budget) to have effect for the purpose of enabling directions to be
given to the mayor acting on behalf of the mayoral combined
authority in relation to the calculation of the component of the
council tax requirement relating to the mayor’s PCC functions (see
section 107F(4)(a) above).

30Supplementary

11 (1) Subject to the requirements of this Schedule, the Secretary of State
may by order make any other provision the Secretary of State
thinks appropriate for the purposes of giving full effect to an order
under section 107E.

(2) 35Sub-paragraphs (3) and (4) apply in relation to an order under—

(a) this paragraph,

(b) another paragraph of this Schedule, or

(c) section 107E.

(3) The order may include provision—

(a) 40that is similar to any police and crime commissioner
enactment, or

(b) for a purpose corresponding to a purpose for which any
such enactment is made.