Textual Amendments
F1Sch. 5B inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 1
8(1)In order to be qualified to be elected and to hold office as the mayor for the area of a combined authority, a person must, on the relevant day, be—E+W
(a)at least 18 years old, and
(b)a qualifying citizen.
(2)The person must also—
(a)on and after the relevant day, be entitled (under paragraph 6) to vote in the election for the return of the mayor for that area, or
(b)for the twelve months before the relevant day—
(i)have occupied, as owner or tenant, land or other premises within an electoral area situated wholly or partly within the area of the authority,
(ii)had his or her principal or only place of work in that electoral area, or
(iii)resided in that electoral area.
(3)In this paragraph—
“electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983;
“qualifying citizen” means a person who is a qualifying Commonwealth citizen or a citizen of the Republic of Ireland or a relevant citizen of the Union, within the meaning given in section 79 of the Local Government Act 1972;
“relevant day” means—
if the election is preceded by the nomination of candidates, the day on which the person is nominated, and
if the election is not preceded by the nomination of candidates, the day of the election.
9(1)A person is disqualified for being elected or holding office as the mayor for the area of a combined authority if the person—E+W
(a)holds any paid office or employment (other than the office of mayor or deputy mayor) appointments or elections to which are or may be made by or on behalf of the combined authority or any of the constituent councils;
(b)is the subject of—
(i)a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986, or
(ii)a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986;
(c)has in the five years before being elected, or at any time since being elected, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and been sentenced to a period of imprisonment of three months or more without the option of a fine;
(d)is disqualified for being elected or for being a member of a constituent council under Part 3 of the Representation of the People Act 1983 (consequences of corrupt or illegal practices).
(2)For the purposes of sub-paragraph (1)(c), a person is to be treated as having been convicted on—
(a)the expiry of the ordinary period allowed for making an appeal or application with respect to the conviction, or
(b)if an appeal or application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.
(3)In this paragraph, “constituent council” 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.
10E+WParagraph 9 of Schedule 5C contains further provision about disqualification in the case of mayors who exercise PCC functions.
11E+WThe acts of a person elected as a mayor for the area of a combined authority who acts in that office are, despite any disqualification or lack of qualification—
(a)in respect of being, or being elected as, a mayor, or
(b)in respect of being, or being elected as, the mayor for that area,
as valid and effectual as if the person had not been so disqualified or as if the person had been qualified.]