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 councillor of that authority.

Regulation 2 specifies that an elected mayor is to be treated as a member for the purposes of section 101 of the Local Government Act 2000, save in so far as it relates only to Wales. Section 101 provides that the Secretary of State may by order make provision for or in connection with conferring power on relevant authorities in England and police authorities in Wales to provide indemnities to some or all of their members and officers.

A regulatory impact assessment has been prepared in relation to these Regulations. A copy may be obtained from Local Government Legislation Division, Office of the Deputy Prime Minister, Zone 5/D1, Eland House, Bressenden Place, London SW1E 5DU (telephone 020 7944 4148; e-mail lgl@odpm.gsi.gov.uk ).