(1)A person elected to the office of Mayor or of an Assembly member shall not act in that office unless—
(a)he has made a declaration of acceptance of the office in a form prescribed in an order made by the Secretary of State; and
(b)within two months from the day of the election, the declaration has been delivered to the proper officer of the Authority.
(2)If such a declaration is not made and delivered to that officer within that time, the office of the person elected shall become vacant at the expiration of that time.
(3)The declaration shall be made before—
(a)two members of the Assembly;
(b)the proper officer of the Authority;
(c)a justice of the peace or magistrate in the United Kingdom, the Channel Islands or the Isle of Man; or
(d)a commissioner appointed to administer oaths in the [F1Senior Courts].
(4)Any person before whom a declaration is authorised to be made under this section may take the declaration.
(5)In relation to the first ordinary election, an order under section 3(4) above may make provision with respect to the making and delivery of declarations of acceptance of office in the case of the persons elected as the Mayor or Assembly members.
(6)An order made by virtue of subsection (5) above may (in particular) make provision—
(a)permitting declarations to be made before such person (other than those specified in subsection (3) above) as may be specified or described in the order;
(b)authorising any person specified or described under paragraph (a) above to take declarations;
(c)requiring declarations to be delivered to such person as may be specified or described in the order instead of the officer mentioned in subsection (1)(b) above; and
(d)requiring declarations delivered in accordance with provision made under paragraph (c) above to be transmitted to the proper officer of the Authority when one has been appointed.
(7)No salary, and no payment towards the provision of superannuation benefits, shall be paid under this Act to or in respect of the Mayor or an Assembly member until he has complied with the requirements of subsection (1) above.
(8)Subsection (7) above does not affect any entitlement of the Mayor or an Assembly member to payments in respect of the period before he complies with the requirements of subsection (1) above once he has complied with those requirements.
(9)This section applies in relation to a London member returned otherwise than at an election as if he had been elected on the day on which he is to be treated as returned.
Textual Amendments
F1Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)
Commencement Information
I1S. 28 wholly in force at 14.12.1999: by virtue of s. 425(2) the Act is in force at Royal Assent in regards to any powers of a Minister of the Crown to make regulations or an order; s. 28 in force at 14.12.1999 insofar as not already in force by S.I. 1999/3376, art. 2
In this Part, except where the context otherwise requires—
constituency returning officer means the returning officer at an election of an Assembly member for an Assembly constituency (see section 35(2B) of the Representation of the M1People Act 1983);
constituency vote has the meaning given by section 4(1)(b) above;
elector has the same meaning as in the Representation of the M2People Act 1983 (see section 202(1) of that Act);
F2. . .
Greater London returning officer means the person who is for the time being the proper officer of the Authority for the purposes of section 35(2C) of the Representation of the M3People Act 1983 (returning officer at elections of Mayor and London members);
local government elector means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;
F3. . .
London vote has the meaning given by section 4(1)(c) above;
mayoral vote has the meaning given by subsection (1)(a) of section 4 above (as read with subsection (3) of that section);
registered political party has the meaning given by section 4(11) above;
F4. . .
vote and voter have the same meaning as in the Representation of the M4People Act 1983 (see section 202(1) of that Act).
Textual Amendments
F2Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2
F3Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2
F4Definition in s. 29 omitted (27.5.2000) by virtue of S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 2
Modifications etc. (not altering text)
C1S. 29 modified (7.3.2000) by S.I. 2000/308, art. 3
Marginal Citations