The Combined Authorities (Mayoral Elections) Order 2017

Interpretation

2.  In this Order—

“the 1983 Act” means the Representation of the People Act 1983(1);

“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;

“the Elections Regulations” means the Representation of the People (England and Wales) Regulations 2001(2);

“the Combined Authority Mayoral Elections Rules” means the rules set out in Schedule 1 or Schedule 3 to this Order as the case may be;

“the Referendums Regulations” means the Local Authorities (Conduct of Referendums) (England) Regulations 2012(3) or the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012(4);

“candidate” means a candidate to be a combined authority mayor;

“combined authority mayor”, in relation to the area of a combined authority, means the mayor for the area of the authority by virtue of an order under section 107A(1)(5) of the 2009 Act;

“combined authority mayoral election” and “election” means an election for the return of a combined authority mayor;

“combined authority returning officer” means—

(a)

the person appointed under article 6; or

(b)

any person appointed under subsection section 35(4) of the 1983 Act by a person of a description mentioned in paragraph (a);

“constituent council” in relation to the area of a combined authority, means—

(a)

a county council the whole or any part of whose area is within the area of the combined authority; or

(b)

a district council whose area is within the area of the combined authority(6);

“electoral area” means the area for the combined authority for which the election is held;

“European Parliamentary election” has the same meaning as in section 27(1) of the Representation of the People Act 1985(7);

“local government election” has the same meaning as in section 203(1)(8) of the 1983 Act;

“local government mayoral election” means an election for the return of an elected mayor in accordance with Part 1A of the Local Government Act 2000(9);

“police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011(10);

“proper officer” has the meaning given by section 270(3) of the Local Government Act 1972(11);

“referendum” means a referendum conducted under the Referendums Regulations;

“register of local government electors” means the register maintained under section 9 of the Representation of the People Act 1983(12);

“relevant election or referendum” means one or more of the following—

(a)

a Parliamentary election,

(b)

a European Parliamentary election,

(c)

a local government election,

(d)

a local government mayoral election,

(e)

another combined authority mayoral election,

(f)

a referendum,

(g)

a police and crime commissioner election,

the poll at which is taken together with the poll at the combined authority mayoral election;

“returning officer”, in relation to a combined authority mayoral election, means—

(a)

the person appointed in accordance with article 5, or

(b)

any person appointed under section 35(4)(13) of the 1983 Act by a person of a description mentioned in paragraph (a).

(1)

1983 c. 2.

(2)

S.I. 2001/341 amended by S.I. 2001/1700, 2002/1871, 2006/2910, 2013/3198, 2015/1376 and 2015/1971.

(3)

S.I. 2012/323.

(4)

S.I. 2012/444 amended by S.I. 2013/409, 2014/231 and 2014/925.

(5)

Section 107A was inserted by the Cities and Local Government Devolution Act 2016, section 2.

(6)

See section 120 of the Local Democracy, Economic Development and Construction Act 2009 for meaning of “combined authority”.

(7)

1985 c. 50.

(8)

The definition of “local government election” in section 203(1) was amended by the Greater London Authority Act 1999 (c. 29), section 17 and Schedule 3. See Schedule 2 for further modifications of this section.

(9)

2000 c. 22. Part 1A was inserted by the Localism Act 2011 (c. 20), section 21 and Schedule 2.

(10)

2011 c. 13.

(11)

1972 c. 70.

(12)

1983 c. 2. Section 9 was substituted by the Representation of the People Act 2000 (c. 2), section 8 and Schedule 1.

(13)

Subsection (4) was amended by the Education Reform Act 1988 (c.40), section 237 and Schedule 12.