16 Filling a vacancy.E+W+S
(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 [F1one vote which may be given for a candidate to be the Mayor].
[F2(4)Section 4(2) (simple majority system) applies in relation to the election as it applies 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 M1Local 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
(c)the circumstances are such that a vacancy does not arise in the Assembly constituency by virtue of section 8 above,
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.
Textual Amendments
F1Words in s. 16(3) substituted (26.10.2022) by Elections Act 2022 (c. 37), ss. 13(3)(a), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)
F2S. 16(4) substituted (26.10.2022) by Elections Act 2022 (c. 37), ss. 13(3)(b), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)
Modifications etc. (not altering text)
C1S. 16 modified (E.) (7.4.2020) by The Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020 (S.I. 2020/395), regs. 1, 9(2)-(4)
Marginal Citations