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Qualifications and disqualifications |
| Qualification to be the Mayor or an Assembly member. |
20. - (1) Subject to any disqualification by virtue of this Act or any other enactment, a person is qualified to be elected and to be the Mayor or an Assembly member if he satisfies the requirements of subsections (2) to (4) below.
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(2) The person must be-
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(a) a Commonwealth citizen; |
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(b) a citizen of the Republic of Ireland; or |
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(c) a relevant citizen of the Union. |
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(3) On the relevant day, the person must have attained the age of 21 years.
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(4) The person must satisfy at least one of the following conditions-
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(a) on the relevant day he is, and from that day continues to be, a local government elector for Greater London; |
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(b) he has, during the whole of the twelve months preceding that day, occupied as owner or tenant any land or other premises in Greater London; |
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(c) his principal or only place of work during that twelve months has been in Greater London; |
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(d) he has during the whole of that twelve months resided in Greater London. |
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(5) This section applies in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.
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(6) References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.
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(7) In the application of this section by virtue of subsection (5) above, any reference to the day on which a person is nominated as a candidate shall be taken as a reference to the day on which notification of the person's name is given under section 11(3) above by the Greater London returning officer.
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(8) In this section-
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"citizen of the Union" shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union); |
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"relevant citizen of the Union" means a citizen of the Union who is not- |
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(a) a Commonwealth citizen; or
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(b) a citizen of the Republic of Ireland;
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"the relevant day", in relation to any candidate, means- |
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(a) the day on which he is nominated as a candidate and also, if there is a poll, the day of the election; or
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(b) if the election is not preceded by the nomination of candidates, the day of the election.
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| Disqualification from being the Mayor or an Assembly member. |
21. - (1) A person is disqualified from being elected or being the Mayor or an Assembly member if-
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(a) he is a member of staff of the Authority; |
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(b) he holds any of the offices or appointments for the time being designated by the Secretary of State in an order as offices or appointments disqualifying persons from being the Mayor or an Assembly member; |
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(c) he has been adjudged bankrupt, or made a composition or arrangement with his creditors; |
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(d) he has within five years before the day of the election, or since his election, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or |
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(e) he is disqualified under- |
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(i) section 85(2A) or Part III of the Representation of the People Act 1983, or
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(ii) section 17 or 18 of the Audit Commission Act 1998,
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from being elected or being the Mayor or an Assembly member. |
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(2) A paid officer of a London borough council who is employed under the direction of-
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(a) any of that council's committees or sub-committees the membership of which includes the Mayor or one or more persons appointed on the nomination of the Authority acting by the Mayor, or |
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(b) a joint committee the membership of which includes one or more members appointed on the nomination of that council and one or more members appointed on the nomination of the Authority acting by the Mayor, |
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shall be disqualified from being elected or being the Mayor or an Assembly member.
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(3) Where a person is disqualified under subsection (1)(c) above by reason of having been adjudged bankrupt, the disqualification shall cease-
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(a) unless the bankruptcy order made against the person is previously annulled, on his discharge from bankruptcy; and |
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(b) if the bankruptcy order is so annulled, on the date of the annulment. |
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(4) Where a person is disqualified under subsection (1)(c) above by reason of having made a composition or arrangement with his creditors, the disqualification shall cease-
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(a) if he pays his debts in full, on the date on which the payment is completed; and |
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(b) in any other case, on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled. |
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(5) For the purposes of subsection (1)(d) above-
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(a) the ordinary date on which the period allowed for making an appeal or application with respect to the conviction expires, or |
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(b) if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution, |
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shall be deemed to be the date of the conviction.
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(6) This section shall apply in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.
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(7) References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.
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| Validity of acts done by unqualified persons. |
22. The acts and proceedings of any person elected to an office under this Act and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.
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| Proceedings for disqualification. |
23. Section 92 of the Local Government Act 1972 (proceedings for disqualification) shall apply in relation to the Authority as it applies in relation to a local authority within the meaning of that section, but taking-
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(a) any reference to a member of a local authority as a reference to the Mayor or an Assembly member; |
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(b) any reference to a local government elector for the area concerned as a reference to a local government elector for Greater London; and |
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(c) any reference to meetings of the local authority as a reference to meetings of the Assembly. |
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Salaries, expenses and pensions |
| Salaries and expenses. |
24. - (1) The Authority shall pay to the Mayor and the Assembly members salaries at such levels-
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(a) as the Authority from time to time determines; or |
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(b) before the first determination, as the Secretary of State directs. |
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(2) The Authority may pay to the Mayor and the Assembly members, in respect of expenses incurred in the exercise of their functions, allowances at such levels-
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(a) as the Authority may from time to time determine; or |
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(b) before the first determination, as the Secretary of State may direct. |
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(3) A determination or direction under subsection (1) above may provide-
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(a) for a higher level of salary to be payable to the Mayor than to any Assembly member; |
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(b) for higher levels of salaries to be payable to Assembly members holding the offices specified in subsection (4) below than to other Assembly members; and |
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(c) for different salaries to be payable to Assembly members holding different such offices. |
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(4) The offices mentioned in subsection (3)(b) above are-
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(b) Chair of the Assembly. |
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(5) A determination or direction under subsection (2) above may provide for different allowances for different cases.
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(6) A determination under this section may provide for levels of salaries or allowances to change from time to time by reference to a specified formula.
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(7) The Authority's functions of making determinations under this section shall be functions of the Authority which are exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.
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(8) The standing orders of the Authority must include provision for the publication of every determination under this section.
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(9) The Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.
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| Limit on salaries of members of other public bodies. |
25. - (1) The Secretary of State may by order make provision such as is specified in subsection (3) below in relation to any Authority members to whom relevant remuneration is payable-
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(a) pursuant to a resolution (or combination of resolutions) of either House of Parliament relating to the remuneration of members of that House; |
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(b) under section 1 of the European Parliament (Pay and Pensions) Act 1979 (remuneration of United Kingdom MEPs); or |
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(c) in respect of their membership of any other public body (whether elected or appointed) which is specified in the order. |
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(2) In this section-
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"Authority member" means- |
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"relevant remuneration" means- |
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(b) any allowance of a description specified by order made by the Secretary of State.
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(3) The provision referred to in subsection (1) above is provision that the amount of the salary payable to an Authority member under section 24 above-
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(a) shall be reduced to a specified proportion of what it otherwise would be or to a specified amount; or |
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(b) shall be reduced by the amount of the relevant remuneration payable to him as mentioned in subsection (1) above, by a specified proportion of that amount or by some other specified amount. |
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(4) An order under subsection (1) above may make different provision in relation to Authority members-
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(a) to whom (apart from the order) different amounts of salary would be payable under section 24 above; or |
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(b) to whom different amounts of relevant remuneration are payable as mentioned in subsection (1) above. |
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(5) Such an order may include provision that it (or a specified part of it) is not to apply to a specified Authority member or description of Authority members-
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(a) either indefinitely or for a specified period; and |
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(b) either unconditionally or subject to the fulfilment of specified conditions. |
| Pensions. |
26. - (1) The Authority may make such provision for the payment of pensions to or in respect of persons who have ceased to be the Mayor or an Assembly member-
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(a) as the Authority may from time to time determine; or |
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(b) before the first determination, as the Secretary of State may direct. |
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(2) The provision which may be made under this section includes, in particular, provision for-
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(a) the making of payments towards the provision of superannuation benefits; |
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(b) establishing and administering one or more schemes for the provision of such benefits; |
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(c) the making of such payments as are mentioned in paragraph (a) above to any scheme (whether or not established or administered by virtue of paragraph (b) above) of which the Mayor or an Assembly member may be or become a member. |
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(3) Different provision may be made under this section for different cases.
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(4) The Authority's function of determining the provision that may be made under subsection (1) above shall be a function of the Authority which is exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.
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(5) The standing orders of the Assembly must include provision for the publication of every determination under this section.
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(6) The Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.
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(7) A determination or direction under this section shall not affect pensions in payment before the making of the determination or the giving of the direction.
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| Publication of information about remuneration paid. |
27. The standing orders of the Authority must contain provision for the publication of information relating to sums paid under sections 24 and 26 above for each financial year.
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Supplementary provisions |
| Declaration of acceptance of office. |
28. - (1) A person elected to the office of Mayor or of an Assembly member shall not act in that office unless-
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(a) he has made a declaration of acceptance of the office in a form prescribed in an order made by the Secretary of State; and |
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(b) within two months from the day of the election, the declaration has been delivered to the proper officer of the Authority. |
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(2) If such a declaration is not made and delivered to that officer within that time, the office of the person elected shall become vacant at the expiration of that time.
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(3) The declaration shall be made before-
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(a) two members of the Assembly; |
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(b) the proper officer of the Authority; |
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(c) a justice of the peace or magistrate in the United Kingdom, the Channel Islands or the Isle of Man; or |
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(d) a commissioner appointed to administer oaths in the Supreme Court. |
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(4) Any person before whom a declaration is authorised to be made under this section may take the declaration.
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(5) In relation to the first ordinary election, an order under section 3(4) above may make provision with respect to the making and delivery of declarations of acceptance of office in the case of the persons elected as the Mayor or Assembly members.
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(6) An order made by virtue of subsection (5) above may (in particular) make provision-
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(a) permitting declarations to be made before such person (other than those specified in subsection (3) above) as may be specified or described in the order; |
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(b) authorising any person specified or described under paragraph (a) above to take declarations; |
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(c) requiring declarations to be delivered to such person as may be specified or described in the order instead of the officer mentioned in subsection (1)(b) above; and |
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(d) requiring declarations delivered in accordance with provision made under paragraph (c) above to be transmitted to the proper officer of the Authority when one has been appointed. |
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(7) No salary, and no payment towards the provision of superannuation benefits, shall be paid under this Act to or in respect of the Mayor or an Assembly member until he has complied with the requirements of subsection (1) above.
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(8) Subsection (7) above does not affect any entitlement of the Mayor or an Assembly member to payments in respect of the period before he complies with the requirements of subsection (1) above once he has complied with those requirements.
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(9) This section applies in relation to a London member returned otherwise than at an election as if he had been elected on the day on which he is to be treated as returned.
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| Interpretation of this Part. |
29. In this Part, except where the context otherwise requires-
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"constituency returning officer" means the returning officer at an election of an Assembly member for an Assembly constituency (see section 35(2B) of the Representation of the People Act 1983); |
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"constituency vote" has the meaning given by section 4(1)(b) above; |
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"elector" has the same meaning as in the Representation of the People Act 1983 (see section 202(1) of that Act); |
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"first preference vote" has the meaning given in paragraph 2 of Schedule 2 to this Act; |
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"Greater London returning officer" means the person who is for the time being the proper officer of the Authority for the purposes of section 35(2C) of the Representation of the People Act 1983 (returning officer at elections of Mayor and London members); |
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"local government elector" means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts; |
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"the London figure", subject to the other provisions of this Part, has the meaning given by paragraph 6(3) of Schedule 2 to this Act; |
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"London vote" has the meaning given by section 4(1)(c) above; |
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"mayoral vote" has the meaning given by subsection (1)(a) of section 4 above (as read with subsection (3) of that section); |
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"registered political party" has the meaning given by section 4(11) above; |
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"second preference vote" has the meaning given in paragraph 2 of Schedule 2 to this Act; |
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"vote" and "voter" have the same meaning as in the Representation of the People Act 1983 (see section 202(1) of that Act). |
