Local Democracy, Economic Development and Construction Act 2009

[F1107IAlternative mayoral titles: existing mayoral combined authoritiesU.K.

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(1)This section applies to a mayoral combined authority where the order made under section 107A (power to provide for election of mayor) in relation to the authority comes into force before the date on which this section comes into force.

(2)The authority may, by a resolution in accordance with subsection (3), change the title by which the mayor for the area 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.

(3)The following requirements must be met in relation to the resolution—

(a)the resolution must be considered at the first meeting of the authority held after a qualifying election for the return of the mayor,

(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 (2)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (2), and

(d)the resolution must be passed at the meeting by a simple majority of the members of the authority who vote on it.

(4)Subsections (5) and (6) apply where under this section a mayoral combined authority changes the title by which the mayor for the area 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 mayor for the area of the authority is, unless the context otherwise requires, to be read as a reference to the alternative title by which the mayor is to be known, and

(b)references to mayor, mayoral (except in the expression “mayoral combined authority”) 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)In this section a reference to a member of a combined authority does not include a non-constituent member.

(9)In this section—

  • “enactment” has the same meaning as in section 107H;

  • “qualifying election” means an election for the return of the mayor, other than—

    (a)

    the first election for the return of the mayor, and

    (b)

    an election caused by a vacancy in the office of the mayor occurring before expiry of the mayor’s term of office.

(10)This section is subject to section 107J.]

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