Cities and Local Government Devolution Bill (HL Bill 1)

Cities and Local Government Devolution BillPage 10

them alone or with other provisions) has been laid before, and
approved by a resolution of, each House of Parliament.”

9 General power of competence

After section 113C of the Local Democracy, Economic Development and
5Construction Act 2009 insert—

113D General power of competence

(1) The Secretary of State may by order provide for Chapter 1 of Part 1 of
the Localism Act 2011 (which confers a general power of competence
on local authorities) to have effect in relation to a combined authority
10specified in the order as it has effect in relation to a local authority.

(2) An order under this section may be made only with the consent of the
appropriate authorities (as defined by section 107B(6)).

(3) Where an order under subsection (1) is contained in the same
instrument as an order made by virtue of section 107B(3)(b), the non-
15consenting constituent council is not to be treated as an appropriate
authority for the purposes of subsection (2) above.”

Local authorities: governance and constitution

10 Governance arrangements etc of local authorities in England

(1) The Secretary of State may by regulations make provision about—

(a) 20the governance arrangements of local authorities;

(b) the constitution and membership of local authorities under Part 1 of the
Local Government Act 1972;

(c) the structural and boundary arrangements in relation to local
authorities under Part 1 of the Local Government and Public
25Involvement in Health Act 2007.

(2) In subsection (1) “governance arrangements” means the executive
arrangements, committee system or prescribed arrangements operated by a
local authority under Part 1A of the Local Government Act 2000.

(3) Regulations under this section may be made only with the consent of the local
30authorities to whom the regulations apply.

(4) The power to make regulations under this section—

(a) is exercisable by statutory instrument;

(b) includes power to make transitional, transitory or saving provision;

(c) may, in particular, be exercised by amending, repealing, revoking or
35otherwise modifying any provision made by or under an Act passed
before this Act or in the same Session.

(5) A statutory instrument containing regulations under this section may be made
only if a draft of the instrument has been laid before each House of Parliament
and approved by a resolution of each House.

(6) 40If a draft of regulations under this section would, apart from this subsection, be
treated for the purposes of the standing orders of either House of Parliament

Cities and Local Government Devolution BillPage 11

as a hybrid instrument, it is to proceed in that House as if it were not a hybrid
instrument.

(7) In this section “local authority” means a county council in England, a district
council or a London borough council.

5Final provisions

11 Minor and consequential amendments

(1) Schedule 4 contains minor and consequential amendments.

(2) The Secretary of State may by regulations make provision that is consequential
on any provision of this Act.

(3) 10The power to make regulations under this section—

(a) is exercisable by statutory instrument;

(b) includes power to make transitional, transitory or saving provision;

(c) may, in particular, be exercised by amending, repealing, revoking or
otherwise modifying any provision made by or under an Act passed
15before this Act or in the same Session.

(4) A statutory instrument containing regulations under this section that amend or
repeal any provision of an Act (whether alone or with other provision) may be
made only if a draft of the instrument has been laid before each House of
Parliament and approved by a resolution of each House.

(5) 20Any other statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

12 Extent

This Act extends to England and Wales only.

13 25Commencement

(1) This section, and sections 12 and 14, come into force on the day on which this
Act is passed.

(2) The other provisions of this Act—

(a) so far as is necessary for the purpose of enabling the exercise, on or after
30the day on which this Act is passed, of any power to make provision by
order or regulations made by statutory instrument, come into force on
the day on which this Act is passed, and

(b) come into force for remaining purposes, at the end of the period of two
months beginning with the day on which this Act is passed.

(3) 35The Secretary of State may by regulations make saving, transitory or
transitional provision in connection with the coming into force of any
provision of this Act.

(4) Regulations under this section—

(a) are to be made by statutory instrument;

(b) 40may make different provision for different purposes.

Cities and Local Government Devolution BillPage 12

14 Short title

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

Cities and Local Government Devolution BillPage 13

SCHEDULES

Section 1

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 The Secretary of State may by order make provision—

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

(b) 15as to the intervals between elections for the return of a
mayor,

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

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

Voting at elections of mayors

3 (1) 20Each 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) one 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) 25if there are three or more candidates to be the mayor, one
vote (a “second preference vote”) which may be given for
the voter’s second preference from among those
candidates.

(2) The mayor is to be returned under the simple majority system,
30unless there are three or more candidates.

(3) If there are three or more candidates to be the mayor, the mayor is
to be returned under the supplementary vote system in
accordance with paragraph 4.

Cities and Local Government Devolution BillPage 14

4 (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
all the first preference votes given in the election, that candidate is
5to 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) The two candidates who received the greatest number of first
10preference 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) The other candidates are eliminated from the contest.

(7) 15The 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) That number is to be added to the number of first preference votes
20given 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
of preference votes.

(10) 25If, 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.

(11) In this paragraph “first preference vote” and “second preference
30vote” has the meaning given in paragraph 3(1).

Entitlement to vote

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

(a) 35would 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) are registered in the register of local government electors at
an address within the authority’s area.

(2) 40A 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) In this paragraph—

  • “electoral area” has the meaning given by section 203(1) of the
    45Representation of the People Act 1983;

  • Cities and Local Government Devolution BillPage 15

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

Election as mayor and councillor

6 (1) If the person who is returned at an election as the mayor for the
5area 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) If the person who is returned at an election (“the mayoral
election”) as the mayor for the area of a combined authority—

(a) 10is 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,

a vacancy arises in the office of councillor.

(3) Subject to sub-paragraph (4), a person who is elected as the mayor
15for 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) A 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
20councillors 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
elections and is returned as the mayor and as a councillor.

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

(a) 25a 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
combined authority.

Qualification and disqualification

7 (1) 30In 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) at least 18 years old, and

(b) a qualifying citizen.

(2) 35The person must also—

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

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

(i) 40have occupied, as owner or tenant, land or other
premises within an electoral area situated wholly
or partly within the area of the authority,

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

(iii) 45resided in that electoral area.

Cities and Local Government Devolution BillPage 16

(3) In this paragraph—

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

  • “qualifying citizen” means a person who is a qualifying
    5Commonwealth 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
    1972;

  • “relevant day” means—

    (a)

    10if the election is preceded by the nomination of
    candidates, the day on which the person is
    nominated, and

    (b)

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

8 (1) 15A 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
of mayor or deputy mayor) appointments or elections to
which are or may be made by or on behalf of the combined
20authority or any of the constituent councils;

(b) is the subject of—

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

(ii) 25a bankruptcy restrictions order or an interim
bankruptcy restrictions order under Schedule 4A
to the Insolvency Act 1986;

(c) has in the five years before being elected, or at any time
since being elected, been convicted in the United
30Kingdom, 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;

(d) is disqualified for being elected or for being a member of a
constituent council under Part 3 of the Representation of
35the People Act 1983 (consequences of corrupt or illegal
practices).

(2) For 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
40appeal or application with respect to the conviction, or

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

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

(a) 45a 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
combined authority.

9 Paragraph 8 of Schedule 5C contains further provision about
50disqualification in the case of mayors who exercise PCC functions.

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

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

(b) 5in respect of being, or being elected as, the mayor for that
area,

as 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

11 (1) 10The Secretary of State may by order make provision as to—

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

(b) the 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
15provision—

(a) about the registration of electors,

(b) for 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
20such expenses), and

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

(3) An order under this paragraph may—

(a) apply or incorporate (with or without modifications) any
25provision of, or made under, the Representation of the
People Acts or any provision of any other enactment
(whenever passed or made) relating to parliamentary
elections or local government elections,

(b) modify any form contained in, or in regulations or rules
30made 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
of mayors, and

(c) so far as may be necessary in consequence of any provision
35made 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
parliamentary electors or local government electors.

(4) Before making an order under this paragraph, the Secretary of
40State 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
sub-paragraph (2)(c) is exercisable only on, and in accordance
with, a recommendation of the Electoral Commission, except
45where the Secretary of State considers that it is expedient to
exercise that power in consequence of changes in the value of
money.

Cities and Local Government Devolution BillPage 18

(6) No 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 3

5SCHEDULE 2 Mayors 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 10Mayors for combined authority areas: PCC functions

Introductory

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) 15In this Schedule references to “the mayor” and the “combined
authority 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.

20PCC 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) all PCC functions other than those specified or described in
25the 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
following PCC functions are exercisable by the mayor in relation
30to 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
constable to account);

(b) 35the 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).

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Delegation 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
5(“deputy PCC mayor”), and

(b) to 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
10any PCC functions of the mayor.

(3) An 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) 15a person listed in subsection (6) of section 18 of the 2011
Act;

(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) 20a PCC function of the mayor of a kind listed in subsection
(7)(a) or (e) 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-
25paragraph (2), for a person to exercise—

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

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

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

(6) 30An order under this paragraph must include provision
authorising the deputy PCC mayor to arrange for any other
person 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) 35An order under this paragraph must include provision preventing
the deputy PCC mayor from arranging for a person to exercise a
function if—

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

(b) 40the function is a PCC function of the mayor—

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

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