(1)The Mayor may at any time resign his office by giving notice to the proper officer of the Authority.
(2)Any such resignation shall take effect on the officer’s receipt of the notice.
[F1(1)]If the Mayor fails on six consecutive occasions to attend meetings of the Assembly held pursuant to section 52(3) below, he shall cease to be the Mayor.
[F2(2)Any meeting of the Assembly which the Mayor is unable to attend because he is suspended or partially suspended under section 66, F3[F4... 73, 78 F3... ] or 79 of the Local Government Act 2000 [F5, or suspended under section 31(4) of the Elections Act 2022,] shall be disregarded for the purposes of subsection (1) above.]
Textual Amendments
F1S. 13 renumbered as s. 13(1) (19.12.2000 for E. 19.12.2000 for W.(in relation to police anthorities) and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 32; S.I. 2000/3335, art. 2
F2S. 13(2) inserted (E.W.) (19.12.2000 for E. and 19.12.2000 for W.(in relation to police authorities) and otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 32; S.I. 2000/3335, art. 2
F3Words in s. 13(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F4Words in s. 13(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 201(6), 245(5) (with s. 201); S.I. 2008/172, art. 4(l)
F5Words in s. 13(2) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 6(5); S.I. 2023/1145, reg. 3(k)
Where the Mayor—
(a)ceases to be qualified to be the Mayor,
(b)becomes disqualified from being the Mayor otherwise than—
F6(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(ia)under section 34 of the Localism Act 2011,]
[F8(ib)by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc),]
(ii)by virtue of a conviction, or
(iii)by virtue of a breach of any provision of Part II of the Representation of the M1People Act 1983, or
(c)ceases to be the Mayor by reason of failure to attend meetings of the Assembly,
the proper officer of the Authority shall forthwith declare his office to be vacant, unless it has been declared vacant by the High Court.
Textual Amendments
F6S. 14(b)(i) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 40; S.I. 2015/841, art. 3(x)
F7S. 14(b)(ia) inserted (1.7.2012) by Localism Act 2011 (c. 20), ss. 34(13), 240(2); S.I. 2012/1463, art. 5(c) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)
F8S. 14(b)(ib) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 6(6); S.I. 2023/1145, reg. 3(k)
Marginal Citations
(1)Subsection (1) of section 9 above shall apply for the purpose of filling a casual vacancy in the office of Mayor as it applies for the purpose of filling a casual vacancy in the membership of the Assembly, but with the omission of paragraphs (a) and (b) and the substitution for paragraph (h) of—
“(h)in the case of a person—
(i)ceasing to be qualified to be the Mayor, or becoming disqualified, for any reason other than one mentioned in paragraphs (c) to (g) above, or
(ii)ceasing to be the Mayor by reason of failure to attend meetings of the Assembly,
on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority, as the case may be.”
(2)If a casual vacancy arises in the office of Mayor, the proper officer of the Authority shall give—
(a)notice of the vacancy to the Greater London returning officer; and
(b)public notice of the vacancy in every Assembly constituency.
(3)Any public notice under subsection (2)(b) above shall be given—
(a)by posting the notice in some conspicuous place or places in each Assembly constituency; and
(b)in such other manner, if any, as the officer considers desirable for giving publicity to the notice.
(4)Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded by virtue of subsection (1) above as occurring.
(1)This section applies where a vacancy occurs in the office of the Mayor.
(2)Subject to subsection (9) below, an election shall be held to fill the vacancy.
(3)At the election, each person entitled to vote as an elector at the election shall have [F9one vote which may be given for a candidate to be the Mayor].
[F10(4)Section 4(2) (simple majority system) applies in relation to the election as it applies in relation to the election of the Mayor at an ordinary election.]
(5)The date of the poll at the election shall be fixed by the Greater London returning officer in accordance with subsection (6) below.
(6)The date fixed shall be no later than 35 days after the date of the relevant event.
(7)In subsection (6) above, the relevant event means—
(a)in a case where the High Court or the proper officer of the Authority have declared the office to be vacant, the making of that declaration; or
(b)in any other case, the giving of notice of the vacancy to the proper officer of the Authority by two or more local government electors for Greater London.
(8)Section 243(4) of the M2Local Government Act 1972 shall apply for the purpose of computing the period of 35 days referred to in subsection (6) above as it applies for the purposes of section 89(1) of that Act.
(9)If the vacancy occurs within the period of six months preceding an ordinary election, it shall be left unfilled until that election.
(10)If—
(a)a person who is a candidate in an election to fill a vacancy in the office of Mayor is also a candidate in an election to fill a vacancy in an Assembly constituency, and
(b)that person is returned in both elections, but
(c)the circumstances are such that a vacancy does not arise in the Assembly constituency by virtue of section 8 above,
a vacancy shall arise in the Assembly constituency.
(11)The term of office of the person returned as the Mayor at the election—
(a)shall begin immediately upon his being declared to be returned as the Mayor; and
(b)shall end at the time when it would have ended had he been returned as the Mayor at the previous ordinary election.
Textual Amendments
F9Words in s. 16(3) substituted (26.10.2022) by Elections Act 2022 (c. 37), ss. 13(3)(a), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)
F10S. 16(4) substituted (26.10.2022) by Elections Act 2022 (c. 37), ss. 13(3)(b), 67(1); S.I. 2022/1093, reg. 2 (with reg. 3)
Modifications etc. (not altering text)
C1S. 16 modified (E.) (7.4.2020) by The Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020 (S.I. 2020/395), regs. 1, 9(2)-(4)
Marginal Citations