Statutory Instruments
2014 No. 2172
Local Government, England
The Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) (Amendment) Regulations 2014
Made
13th August 2014
Laid before Parliament
14th August 2014
Coming into force
5th September 2014
The Secretary of State for Communities and Local Government makes the following Regulations in exercise of the powers conferred by sections 9HB and 105(2) of the Local Government Act 2000( 1 ):
Citation and commencement
1. These Regulations may be cited as the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) (Amendment) Regulations 2014 and come into force on 5th September 2014.
Amendment of the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012
2. —(1)The Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2012( 2 ) are amended as follows.
(2) In regulation 2(1) after the definition of “the ordinary day of election” insert—
“ “the Petitions Regulations ” means the Local Authorities (Referendums) (Petitions) (England) Regulations 2011 ( 3 ) ;
“petition organiser” has the same meaning as in regulation 3 of the Petitions Regulations; ” .
(3) In regulation 3—
(a) in paragraph (1) before “regulation 5” insert “paragraph (1A) and”;
(b) after paragraph (1) insert —
“ (1A) Where the following conditions are satisfied, the first election shall take place on the first ordinary day of election after the end of the period of 3 months beginning with the date of the referendum under Part 2 of the Petitions Regulations—
(a) the petition organiser made a request in writing, at the time a valid petition was presented to the local authority in accordance with regulation 9 of the Petitions Regulations, for the first election to take place on the first ordinary day of election after the end of the period of 3 months beginning with the date of the referendum under Part 2 of the Petitions Regulations, and
(b) the local authority resolves, prior to the publication of the notice under regulation 4(1) of the Referendum Regulations ( 4 ) , that if the proposals are approved the first election shall take place on the first ordinary day of election after the period of 3 months beginning with the date of the referendum under Part 2 of the Petitions Regulations. ” ;
(c) in paragraph (3) after “paragraph (1)” insert “, (1A)”;
(d) in paragraph (4) after “Paragraphs (1),” insert “(1A),”;
(e) in paragraph (5) at the end of sub-paragraph (a) omit “and” and insert—
“ (aa) paragraph (1A) for the words “the date of the referendum under Part 2 of the Petitions Regulations” the first time they occur substitute the words “the date of the decision of the election court or the High Court”; and ” .
Transitional provision
3. Where a referendum under Part 2 of the Local Authorities (Referendums) (Petitions) (England) Regulations 2011 held after 31st December 2013 and before the date these Regulations come into force has approved the proposals that were the subject of the referendum, and the first election for the return of an elected mayor in such a local authority has not taken place—
(a) the first election for the return of the elected mayor shall take place on the day in 2015 on which, in accordance with section 37 of the Representation of the People Act 1983( 5 ), councillors are elected for local government areas; and
(b) regulation 3(3) of the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) 2012 Regulations( 6 ) does not apply to that authority.
Signed by authority of the Secretary of State for Communities and Local Government
Stephen Williams
Parliamentary Under Secretary of State
Department for Communities and Local Government
13th August 2014
2000 c. 22 . Section 9HB was inserted by section 21 of, and Schedule 2 to, the Localism Act 2011 (c. 20) . Schedule 2 to the 2011 Act inserted a new Part 1A, applying to England only, into the 2000 Act. Section 105 was amended by section 100(3) of, and Schedule 3 to, the Local Government Act 2003 (c.26) , and by section 191(5) of the Local Government and Public Involvement in Health Act 2007 (c.28) , and by paragraph 70 of Schedule 3 to the Localism Act 2011.
1983 c. 2 . Section 37 was amended by section 18 of the Representation of the People Act 1985 (c. 50) and section 17 of, and paragraphs 1, 5(1), (3), (4) and (5) of Schedule 3 to, the Greater London Authority Act 1999 (c.29) .