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The West Midlands Combined Authority (Election of Mayor) Order 2016

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The West Midlands Combined Authority (Election of Mayor) Order 2016 No. 933

Draft Order laid before Parliament under section 117(2) of the Local Democracy, Economic Development and Construction Act 2009, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2016 No.

Local Government, England

The West Midlands Combined Authority (Election of Mayor) Order 2016

Made

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by section 107A of, and paragraph 3 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009(1).

The West Midlands Combined Authority and the councils whose local government areas are within the area of that Combined Authority have consented to the making of this Order(2).

A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 117(2) of the Local Democracy, Economic Development and Construction Act 2009.

Accordingly, the Secretary of State makes the following Order:

Citation and commencement

1.  This Order may be cited as the West Midlands Combined Authority (Election of Mayor) Order 2016 and shall come into force on the day after the day on which it is made.

Interpretation

2.  In this Order—

“the area” means the area of the West Midlands Combined Authority(3);

“the ordinary day of election”, in relation to any year, means the day which is the ordinary day of election in that year of councillors for counties in England and districts as determined in accordance with sections 37 and 37A of the Representation of the People Act 1983(4).

Election of a mayor

3.—(1) There is to be a mayor for the area.

(2) The first election for the return of a mayor for the area is to take place on 4th May 2017.

(3) Subsequent elections for the return of a mayor for the area shall take place—

(a)on the ordinary day of election in 2020, and

(b)in every fourth year thereafter on the same day as the ordinary day of election.

(4) The term of office of the mayor returned at an election for the return of a mayor for the area—

(a)begins with the fourth day after the day of the poll at the election for the return of a mayor for the area, and

(b)ends with the third day after the day of the poll at the next election for the return of a mayor for the area.

Signed by authority of the Secretary of State for Communities and Local Government

Name

Parliamentary Under Secretary of State

Department for Communities and Local Government

Date

EXPLANATORY NOTE

(This note is not part of the Order)

Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”) provides for the establishment of combined authorities for the areas of two or more local authorities in England. Combined authorities are bodies corporate which may be given power to exercise specified functions.

Under sections 107A(1) and 107B(3) of the 2009 Act the Secretary of State may provide for there to be a mayor for the area of a combined authority with the consent of the constituent councils of the combined authority (each district council or county council whose area is within the area of the combined authority) and any existing combined authority. Paragraph 3 of Schedule 5B to the 2009 Act provides that the Secretary of State may make provision for the dates on which and years in which mayoral elections for the area of a combined authority may or must take place, the intervals between elections for the return of a mayor and the term of office of a mayor.

Article 3 of the Order creates the position of mayor for the area of the West Midlands Combined Authority. Article 3 further specifies the term of office for the mayor for the area of the West Midlands Combined Authority, and the dates on which elections for the return of a mayor shall take place and the intervals between elections.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector.

(1)

2009 c. 20. Section 107A and Schedule 5B were inserted by section 2 of the Cities and Local Government Devolution Act 2016 (c. 1). Section 117(2), (2A) and (3) was substituted by section 13 of the Localism Act 2011 (c. 20). Section 117 was amended by paragraph 24 of Schedule 5 to the Cities and Local Government Devolution Act 2016.

(2)

See section 107B(3)(a) of the Local Democracy, Economic Development and Construction Act 2009.

(3)

The West Midlands Combined Authority was established by the West Midlands Combined Authority Order 2016 (S.I. 2016/TBC).

(4)

1983 c. 2. Section 37 was amended by section 17 of, and Schedule 3 to, the Greater London Authority Act 1999 (c. 29) and by section 60(1) of the Local Government and Public Involvement in Health Act 2007 (c. 28). Section 37A was inserted by section 60(2) of the Local Government and Public Involvement in Health Act 2007.

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