The Local Authorities (Elected Mayor and Mayor’s Assistant) (England) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

Section 39(5) of the Local Government Act 2000 provides for the Secretary of State to make regulations specifying, for the purposes of certain enactments, that an elected mayor of an authority is to be treated as a member or a councillor of that authority.

Regulation 2 specifies those enactments in respect of which an elected mayor is to be treated as a councillor.

Paragraph 6 of Schedule 1 to the 2000 Act provides for the Secretary of State to make regulations providing for the appointment of a person to give assistance to an elected mayor.

Regulation 3 provides for the elected mayor to appoint one assistant (regulation 3(1)) who is appointed as an employee of the authority (regulation 3(2)). The assistant’s term of office lasts until either: the end of the term of office for which the elected mayor was elected; or, the date upon which the elected mayor ceases to hold office, if it is before the end of the term of office for which he was elected (regulation 3(3)).

An elected mayor’s assistant is to be employed on such terms and conditions, including remuneration, as the elected mayor sees fit. The elected mayor is required to inform the authority in writing of the name of the assistant and his terms and conditions of appointment (regulation 3(4) and (5)).

An elected mayor’s assistant is treated as holding a politically restricted post for the purposes of Part I of the Local Government and Housing Act 1989 (regulation 3(6)). Certain provisions in section 9 of the 1989 Act relating to assistants for political groups shall apply to the appointment of an elected mayor’s assistant (regulation 3(7) and (8)).