Greater London Authority Bill

Greater London Authority Bill - continued	House of Lords
PART I, THE GREATER LONDON AUTHORITY - continued
Vacancies in the Assembly - continued

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Filling a vacancy among the London members.

11. - (1) This section applies where the office of a London member is vacant.

(2) If the London member was returned as an individual candidate, or the vacancy is not filled in accordance with the following provisions, the vacancy shall remain unfilled until the next ordinary election.

(3) If the London member was returned (under Part II of Schedule 2 to this Act or this section) from a registered political party's list, the Greater London returning officer shall notify the Chair of the Assembly of the name of the person who is to fill the vacancy.

(4) The person who is to fill the vacancy must be one who-

(a) is included in that list;

(b) is willing to serve as a London member; and

(5) This subsection applies to a person if-

(a) he is not a member of the party; and

(b) the party gives notice to the Greater London returning officer that his name is not to be notified under subsection (3) above as the name of the person who is to fill the vacancy.

(6) Where more than one person satisfies the conditions in subsection (4) above, the Greater London returning officer shall notify the name of whichever of them is higher, or highest, in the list.

(7) Where a person's name has been notified under subsection (3) above, his term of office as a London member-

(a) shall begin on the day on which the notification is received under that subsection, and

(b) shall end at the time when it would have ended had he been returned as a London member at the previous ordinary election,

and this Act shall apply as if the person had been declared to be returned as a London member on the day on which the notification under subsection (3) above is so received.

Vacancy in the office of Mayor

Resignation.

12. - (1) The Mayor may at any time resign his office by giving notice to the proper officer of the Authority.

(2) Any such resignation shall take effect on the officer's receipt of the notice.

Failure to attend meetings.

13. If the Mayor fails on six consecutive occasions to attend meetings of the Assembly held pursuant to section 44(2) below, he shall be disqualified from being the Mayor.

Declaration of vacancy in certain cases.

14. Where the Mayor-

(a) ceases to be qualified to be the Mayor, or

(b) becomes disqualified from being the Mayor otherwise than-

(i) under the Audit Commission Act 1998,

(ii) by virtue of a conviction, or

(iii) by virtue of a breach of any provision of Part II of the Representation of the People Act 1983,

the proper officer of the Authority shall forthwith declare his office to be vacant, unless it has been declared vacant by the High Court.

Date of casual vacancy.

15. - (1) Subsection (1) of section 9 above shall apply for the purpose of filling a casual vacancy in the office of Mayor as it applies for the purpose of filling a casual vacancy in the membership of the Assembly, but with the omission of paragraph (a) and the substitution for paragraph (g) of-

"(g) in the case of a person ceasing to be qualified to be the Mayor, or becoming disqualified, for any reason other than one mentioned in paragraphs (b) to (f) above, on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority, as the case may be."

(2) If a casual vacancy arises in the office of Mayor, the proper officer of the Authority shall give-

(a) notice of the vacancy to the Greater London returning officer; and

(b) public notice of the vacancy in every Assembly constituency.

(3) Any public notice under subsection (2)(b) above shall be given-

(a) by posting the notice in some conspicuous place or places in each Assembly constituency; and

(b) in such other manner, if any, as the officer considers desirable for giving publicity to the notice.

(4) Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded by virtue of subsection (1) above as occurring.

Filling a vacancy.

16. - (1) This section applies where a vacancy occurs in the office of the Mayor.

(2) Subject to subsection (9) below, an election shall be held to fill the vacancy.

(3) At the election, each person entitled to vote as an elector at the election shall have a mayoral vote.

(4) Subsections (2) and (3) of section 4 above and Part I of Schedule 2 to this Act shall apply in relation to the election as they apply in relation to the election of the Mayor at an ordinary election.

(5) The date of the poll at the election shall be fixed by the Greater London returning officer in accordance with subsection (6) below.

(6) The date fixed shall be no later than 35 days after the date of the relevant event.

(7) In subsection (6) above, "the relevant event" means-

(a) in a case where the High Court or the proper officer of the Authority have declared the office to be vacant, the making of that declaration; or

(b) in any other case, the giving of notice of the vacancy to the proper officer of the Authority by two or more local government electors for Greater London.

(8) Section 243(4) of the Local Government Act 1972 shall apply for the purpose of computing the period of 35 days referred to in subsection (6) above as it applies for the purposes of section 89(1) of that Act.

(9) If the vacancy occurs within the period of six months preceding an ordinary election, it shall be left unfilled until that election.

(10) A person may not be a candidate in an election to fill a vacancy in the office of Mayor if he is a candidate in an election to fill a vacancy in an Assembly constituency.

(11) The term of office of the person returned as the Mayor at the election-

(a) shall begin immediately upon his being declared to be returned as the Mayor; and

(b) shall end at the time when it would have ended had he been returned as the Mayor at the previous ordinary election.

Prepared 30 July 1999