Filling of vacancies: by-elections
6
1
Subject to paragraph (2), an election to fill a vacancy referred to in article 3(1) shall be held—
a
in a case in which the vacancy arises because of the mayor's election being declared void or the mayor's office is declared to have been vacated, before the end of the period of 35 days beginning with the day on which the vacancy is be taken to have occurred (as determined in accordance with article 4);
b
in any other case, before the end of the period of 35 days beginning with the day on which notice in writing of the vacancy has been given to the proper officer of the combined authority or of the combined county authority, as the case may be by two local government electors for the area.
2
The day of election under paragraph (1) shall be fixed by the combined authority returning officer or the combined county authority returning officer, as appropriate; and in computing a period for the purposes of that paragraph, the following shall be disregarded—
a
a Saturday or Sunday;
b
Christmas Eve, Christmas Day, Good Friday or a day which is a bank holiday under section 1 of, and Schedule 1 to, the Banking and Financial Dealings Act 1971 in England; and
c
any day appointed as a day of public thanksgiving or mourning.
3
Where, between the giving of notice of the poll and the completion of the poll, a day is declared to be a bank holiday or a day of public thanksgiving or mourning, paragraph (2) shall not operate to invalidate any act which would have been valid apart from that paragraph.
1971 c. 80.
Words in art. 6(1)(b) inserted (7.2.2024) by The Combined Authorities (Mayors) Filling of Vacancies Order 2017 (Amendment) Regulations 2024 (S.I. 2024/132), regs. 1(1), 2(e)(i)
Words in art. 6(2) inserted (7.2.2024) by The Combined Authorities (Mayors) Filling of Vacancies Order 2017 (Amendment) Regulations 2024 (S.I. 2024/132), regs. 1(1), 2(e)(ii)