Textual Amendments
F1Pt. 1A inserted (3.12.2011 for specified purposes, 15.1.2012 for the insertion of Pt. 1A Ch. 4 so far as not already in force and ss. 9B, 9C and 9R for specified purposes, 9.3.2012 for the insertion of ss. 9H-9HE in so far as not already in force and s. 9R for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/57, art. 4(1)(b) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 2(a); S.I. 2012/1008, art. 4(b)
Modifications etc. (not altering text)
C1Pt. 1A modified (1.4.2013) by The Isles of Scilly (Functions) (Review and Scrutiny) Order 2013 (S.I. 2013/643), arts. 1(1), 2
C2Pt. 1A modified in part (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 8(7)
C3Pt. 1A modified in part (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 8(7)
C4Pt. 1A modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 27(8)
C5Pt. 1A modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 12(5)-(8)
C6Pt. 1A modified in part (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 8(7)
C7Pt. 1A modified by S.I. 2008/2113, reg. 10 (as substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(3))
C8Pt. 1A modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), regs. 1(1), 15 (with reg. 1(2)(3))
C9Pt. 1A modified in part (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 6(17)
C10Pt. 1A modified in part (14.2.2020) by S.I. 2020/156, art. 7 (as substituted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 12)
C11Pt. 1A modified in part (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 7(2)
(1)In this Part “elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority's area in accordance with the provisions made by or under this Part.
(2)An elected mayor is to be entitled to the style of “mayor”.
(3)A reference in any enactment (whenever passed or made) to—
(a)a member of a local authority, or
(b)a councillor of a local authority,
does not include a reference to an elected mayor of the authority.
(4)But subsection (3) is subject to—
(a)regulations made by the Secretary of State under this paragraph which provide that an elected mayor is to be treated as a member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and
(b)any other contrary intention that appears in any enactment (whenever passed or made).
(5)Section 2(2A) of, and paragraph 5C(1) of Schedule 2 to, the Local Government Act 1972 are not to be taken to indicate any contrary intention for the purposes of subsection (4)(b).
(6)Elections for the return of an elected mayor are to take place on the ordinary day of election in each of the relevant election years.
(7)The term of office of an elected mayor of a local authority is to be four years.
(8)This section is subject to regulations under section 9HB or 9HE.
(1)If the person who is returned at an election as the elected mayor of a local authority is also returned at an election held at the same time as a councillor of the authority, a vacancy arises in the office of councillor.
(2)If the person who is returned at an election (“the mayoral election”) as the elected mayor of a local authority—
(a)is a councillor of the authority, and
(b)was returned as such a councillor at an election held at an earlier time than the mayoral election,
a vacancy shall arise in the office of councillor.
(3)Subject to subsection (4), a person who is the elected mayor of a local authority may not be a candidate in an election for the return of a councillor or councillors of the authority.
(4)A person who is the elected mayor of a local authority may be a candidate in an election for the return of a councillor or councillors of the authority if the election is held at the same time as an election for the return of the elected mayor of the authority, but subsection (1) applies if the person is a candidate in both such elections and is returned both as the elected mayor and as a councillor.
The Secretary of State may by regulations make provision—
(a)as to the dates on which and years in which elections for the return of elected mayors may or must take place,
(b)as to the intervals between elections for the return of elected mayors,
(c)as to the term of office of elected mayors, and
(d)as to the filling of vacancies in the office of elected mayor.
[F2(1)Each person entitled to vote as an elector at an election for the return of an elected mayor is to have one vote which may be given for a candidate to be the elected mayor.]
(2)The elected mayor is to be returned under the simple majority system F3....
F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2S. 9HC(1) substituted (26.10.2022) by Elections Act 2022 (c. 37), ss. 13(8)(a), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)
F3Words in s. 9HC(2) omitted (26.10.2022) by virtue of Elections Act 2022 (c. 37), ss. 13(8)(b), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)
F4S. 9HC(3) omitted (26.10.2022) by virtue of Elections Act 2022 (c. 37), ss. 13(8)(c), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)
(1)The persons entitled to vote as electors at an election for the return of an elected mayor are those who on the day of the poll—
(a)would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the area of the local authority concerned, and
(b)are registered in the register of local government electors at an address within the authority's area.
(2)A person is not entitled as an elector to cast more than one [F5vote] at an election for the return of an elected mayor.
Textual Amendments
F5Word in s. 9HD(2) substituted (26.10.2022) by Elections Act 2022 (c. 37), ss. 13(9), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)
(1)The Secretary of State F6... may by regulations make provision as to—
(a)the conduct of elections for the return of elected mayors, and
(b)the questioning of elections for the return of elected mayors and the consequences of irregularities.
(2)Regulations made under subsection (1)(a) may, in particular, include provision—
(a)about the registration of electors,
(b)for disregarding alterations in a register of electors,
(c)about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses), and
(d)for the combination of polls at elections for the return of elected mayors and other elections.
(3)Regulations under this section may—
(a)apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections,
(b)modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of elected mayors, and
(c)so far as may be necessary in consequence of any provision made by or under this Part or any regulations under this section, amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors.
(4)Before making any regulations under this section, the Secretary of State F7... must consult the Electoral Commission.
(5)In addition, the power of the Secretary of State F8... to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State considers that it is expedient to exercise that power in consequence of changes in the value of money.
(6)No return of an elected mayor at an election is to be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied by or incorporated in regulations under this section.
Textual Amendments
F6Words in s. 9HE(1) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 13(2)(a) (with art. 12)
F7Words in s. 9HE(4) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 13(2)(a) (with art. 12)
F8Words in s. 9HE(5) omitted (8.12.2021) by virtue of The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 13(2)(a) (with art. 12)
Modifications etc. (not altering text)
C12S. 9HE functions made excercisable concurrently (6.11.2013) by The Transfer of Functions (Elections and Referendums) Order 2013 (S.I. 2013/2597), arts. 1(2), 2(c) (with art. 3)
(1)A local authority within subsection (8) may, by a resolution in accordance with subsection (2), change the title by which the elected mayor of the authority is to be known to one of the following alternative titles—
(a)county commissioner;
(b)county governor;
(c)elected leader;
(d)governor;
(e)a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
(2)The following requirements must be met in relation to the resolution—
(a)the resolution must be considered at a relevant meeting of the authority,
(b)particulars of the resolution must be included in the notice of the meeting,
(c)where the resolution includes a proposed alternative title mentioned in subsection (1)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (1), and
(d)the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
(3)In subsection (2)(a) “relevant meeting” means—
(a)in the case of a local authority within subsection (8)(a), the first meeting of the authority held after a qualifying election for the return of the elected mayor,
(b)in the case of a local authority within subsection (8)(b), the meeting of the authority at which the resolution under section 9KC (resolution of local authority) is passed, and
(c)in the case of a local authority within subsection (8)(c), the first meeting of the authority held after the referendum mentioned in section 9N is held.
(4)Subsections (5) and (6) apply where under this section a local authority changes the title by which the elected mayor of the authority is to be known to an alternative title.
(5)The authority must—
(a)send notice of the change to the Secretary of State,
(b)publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c)publish the notice in such other manner as the Secretary of State may direct.
(6)Where this subsection applies—
(a)a reference in any enactment (whenever passed or made) to the elected mayor of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the elected mayor is to be known, and
(b)references to mayor, mayoral and deputy mayor are to be construed accordingly.
(7)A change of title under this section does not affect the rights or obligations of any person or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
(8)A local authority is within this subsection if—
(a)it operates a mayor and cabinet executive,
(b)it passes a resolution in accordance with section 9KC (resolution of local authority) to make a change in governance arrangements which provides for the authority to operate a mayor and cabinet executive, or
(c)it holds a referendum by virtue of an order under section 9N (referendum on change to mayor and cabinet executive) and the proposal for the authority to operate a mayor and cabinet executive is approved in that referendum.
(9)The Secretary of State may by regulations amend subsection (1) to add, modify or remove a reference to an alternative title or a description of an alternative title.
(10)In this section—
“enactment”—
includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, but
does not include this section or section 9HG;
“qualifying election” means an election for the return of the elected mayor, other than—
the first election for the return of the elected mayor, and
an election caused by a vacancy in the office of the elected mayor occurring before expiry of the elected mayor’s term of office.
(11)This section is subject to section 9HG.
Textual Amendments
(1)This section applies where a local authority has—
(a)by a resolution under section 9HF or by a previous resolution under this section, changed the title by which the elected mayor of the authority is to be known to an alternative title, or
(b)by a previous resolution under this section, provided that the elected mayor of the authority is no longer to be known by an alternative title.
(2)The authority may, by a resolution in accordance with subsection (4)—
(a)in a subsection (1)(a) case—
(i)provide that the elected mayor is no longer to be known by the alternative title, or
(ii)change the title by which the elected mayor is to be known to an alternative title mentioned in subsection (3);
(b)in a subsection (1)(b) case, change the title by which the elected mayor is to be known to an alternative title mentioned in subsection (3).
(3)The alternative titles are—
(a)county commissioner;
(b)county governor;
(c)elected leader;
(d)governor;
(e)a title that the authority considers more appropriate than the alternative titles mentioned in paragraphs (a) to (d), having regard to the title of other public office holders in the area of the authority.
(4)The following requirements must be met in relation to the resolution mentioned in subsection (2)—
(a)the resolution must be considered at a relevant meeting of the authority,
(b)particulars of the resolution must be included in the notice of the meeting,
(c)where the resolution includes a proposed alternative title mentioned in subsection (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and
(d)the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.
(5)In subsection (4)(a) “relevant meeting” means the first meeting of the authority held after a qualifying election for the return of the elected mayor, provided that the election is at least the third qualifying election since the resolution mentioned in subsection (1) was passed.
(6)Where under this section a local authority provides that the elected mayor of the authority is no longer to be known by an alternative title, the authority must—
(a)send notice of the change to the Secretary of State,
(b)publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c)publish the notice in such other manner as the Secretary of State may direct.
(7)Subsections (8) and (9) apply where under this section a local authority changes the title by which the elected mayor of the authority is to be known to an alternative title.
(8)The authority must—
(a)send notice of the change to the Secretary of State,
(b)publish the notice in the area of the authority in such manner as the authority considers appropriate, and
(c)publish the notice in such other manner as the Secretary of State may direct.
(9)Where this subsection applies—
(a)a reference in any enactment (whenever passed or made) to the elected mayor of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the elected mayor is to be known, and
(b)references to mayor, mayoral and deputy mayor are to be construed accordingly.
(10)A change of title under this section does not affect the rights or obligations of any person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of title.
(11)The Secretary of State may by regulations amend subsection (3) to add, modify or remove a reference to an alternative title or a description of an alternative title.
(12)In this section “enactment” and “qualifying election” have the same meaning as in section 9HF.]]