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Elected mayors etc. |
| Elected mayors etc. |
36. - (1) In this Part "elected mayor", in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority's area in accordance with the provisions made by or under this Part.
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(2) In this Part "elected executive member" means an individual elected as a member of a local authority executive by the local government electors for the authority's area in accordance with the provisions made by or under this Part, but does not include an elected mayor.
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(3) Except to the extent that regulations made by the Secretary of State under this section otherwise provide, an elected mayor of a local authority is to be treated for the purposes of the enactments relating to local government as a member and councillor of the authority.
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(4) Subject to regulations under section 37, the term of office of an elected mayor or elected executive member is to be four years.
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| Time of elections etc. |
37. - (1) The Secretary of State may by regulations make provision-
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(a) as to the dates on which and years in which elections for the return of elected mayors or elected executive members may or must take place, |
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(b) as to the intervals between elections for the return of elected mayors or elected executive members, |
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(c) as to the term of office of elected mayors or elected executive members, and |
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(d) as to the filling of vacancies in the office of elected mayor or elected executive member. |
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(2) Executive arrangements by a local authority must include provision which complies with the provisions of any regulations under this section.
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| Voting at elections of elected mayors. |
38. - (1) Each person entitled to vote as an elector at an election for the return of an elected mayor is to have the following vote or votes-
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(a) one vote (referred to in this Part as a first preference vote) which may be given for the voter's first preference from among the candidates to be the elected mayor, and |
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(b) if there are three or more candidates to be the elected mayor, one vote (referred to in this Part as a second preference vote) which may be given for the voter's second preference from among those candidates. |
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(2) The elected mayor is to be returned under the simple majority system, unless there are three or more candidates.
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(3) If there are three or more candidates to be the elected mayor, the elected mayor is to be returned under the supplementary vote system in accordance with Schedule 2.
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| Entitlement to vote. |
39. - (1) The persons entitled to vote as electors at an election of an elected mayor or elected executive member are those who on the day of the poll-
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(a) would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the area of the local authority concerned, and |
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(b) are registered in the register of local government electors at an address within the authority's area. |
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(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 an elected mayor.
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| Power to make provision about elections. |
40. - (1) The Secretary of State may by regulations make provision as to-
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(a) the conduct of elections for the return of elected mayors or elected executive members, and |
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(b) the questioning of elections for the return of elected mayors or elected executive members and the consequences of irregularities. |
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(2) The provision which may be made under subsection (1)(a) includes, in particular, provision-
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(a) about the registration of electors, |
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(b) for disregarding alterations in a register of electors, |
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(c) about the limitation of the election expenses of candidates (and the creation of criminal offences in connection with the limitation of such expenses), |
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(d) for the combination of polls at elections for the return of elected mayors and other elections (including elections for the return of elected executive members), and |
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(e) for the combination of polls at elections for the return of elected executive members and other elections (including elections for the return of elected mayors). |
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(3) Regulations under this section may-
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(a) apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or any other enactment 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 of elected mayors or elected executive members, and |
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(c) so far as may be necessary in consequence of any provision made by this Act or any regulations under this section, amend any provision of, or made under, any enactment relating to the registration of parliamentary electors or local government electors. |
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(4) No return of an elected mayor or elected executive member at an election is to be questioned except by an election petition under the provisions of Part III of the Representation of the People Act 1983 as applied by or incorporated in regulations under this section.
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Provisions with respect to referendums |
| Provisions with respect to referendums. |
41. - (1) A local authority may not hold more than one referendum in any period of five years.
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(2) The persons entitled to vote in a referendum held by a local authority are those who on the day of the referendum-
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(a) would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the authority's area, and |
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(b) are registered in the register of local government electors at an address within the authority's area. |
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(3) The Secretary of State may by regulations make provision as to the conduct of referendums.
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(4) The Secretary of State may by regulations make provision for the combination of polls at referendums with polls at any elections.
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(5) Regulations under subsection (3) or (4) may apply or incorporate, with or without modifications or exceptions, any provision made by or under any enactment relating to elections or referendums.
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(6) The provision which may be made under subsection (3) includes, in particular, provision-
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(a) as to the question to be asked in a referendum, |
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(b) as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum), |
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(c) as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum, |
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(d) permitting a referendum to take place in a manner which does not involve a poll, and |
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(e) for disregarding alterations in a register of electors. |
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(7) In this section "referendum" means a referendum held under section 26 or 28 or by virtue of regulations under section 31 or 32.
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