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 in an Assembly constituency.

10. - (1) This section applies where the office of an Assembly member returned for an Assembly constituency is vacant.

(2) Subject to subsection (8) below, an election shall be held in the Assembly constituency to fill the vacancy.

(3) At the election to fill the vacancy-

(a) each person entitled to vote at the election shall have a constituency vote; and

(b) the Assembly member for the Assembly constituency shall be returned under the simple majority system.

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

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

(6) In subsection (5) above, "the relevant event" means-

(a) in a case where the High Court or the proper officer of the Authority has 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 the Assembly constituency concerned.

(7) 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 (5) above as it applies for the purposes of section 89(1) of that Act.

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

(9) This subsection applies if, on the occurrence of the vacancy (or, in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the Assembly exceeds one-third of the whole number of Assembly members.

(10) A person may not be a candidate at an election to fill a vacancy if he is-

(a) the Mayor;

(b) an Assembly member; or

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

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

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

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 52(3) 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,

(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, or

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 paragraphs (a) and (b) and the substitution for paragraph (h) of-

"(h) 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 (c) to (g) 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) If-

(a) a person who is a candidate in an election to fill a vacancy in the office of Mayor is also a candidate in an election to fill a vacancy in an Assembly constituency, and

(b) that person is returned in both elections, but

a vacancy shall arise in the 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.

Franchise, conduct of elections etc

Franchise, conduct of elections etc.

17. Schedule 3 to this Act (which, by amending the Representation of the People Acts, makes provision for and in connection with treating elections under this Act as local government elections for the purposes of those Acts) shall have effect.

Cost of holding the first ordinary elections.

18. - (1) A returning officer shall be entitled to recover expenditure properly incurred by him in relation to the holding of the first ordinary election if the expenditure-

(a) is of a kind determined by the Secretary of State; and

(b) is reasonable.

(2) The Secretary of State may determine a maximum recoverable amount for expenditure of such description as he may determine; and the returning officer may not recover more than that amount in respect of any such expenditure.

(3) The amount of any expenditure recoverable in accordance with this section shall be charged on and paid out of the Consolidated Fund on an account being submitted to the Secretary of State; but the Secretary of State must, before payment, satisfy himself that the expenditure in the account is properly payable.

(4) A returning officer must furnish the Secretary of State with such information or documents relating to an account submitted under subsection (3) above as the Secretary of State may require.

(5) The Secretary of State must prepare an account of any sums which are issued to him out of the Consolidated Fund by virtue of this section and of his use of those sums.

(6) The account required to be prepared under subsection (5) above must be audited by such body or person as the Treasury may determine.

(7) Any exercise by the Secretary of State of his functions under subsections (1) and (2) above shall require the consent of the Treasury.

(8) This section has effect in relation to the first ordinary election instead of section 36(4B) of the Representation of the People Act 1983.

Expenditure of Secretary of State in connection with holding the first ordinary election.

19. - (1) The Secretary of State may incur expenditure in doing anything which he considers expedient-

(a) in preparation for the holding of the first ordinary election,

(b) for the purpose of facilitating the conduct of the first ordinary election, or

(2) The Secretary of State must not, by virtue of subsection (1) above, incur expenditure of a kind which is recoverable by a returning officer under section 18 above.

Prepared 27 October 1999