Local Democracy, Economic Development and Construction Act 2009

[F1 107J Alternative mayoral titles: further changes U.K.

(1) This section applies where a mayoral combined authority has—

(a) by a resolution under section 107H or 107I or by a previous resolution under this section, changed the title by which the mayor for the area of the authority is to be known to an alternative title,

(b) by a resolution under section 107H, provided that the mayor for the area of the authority is to be known by the title of mayor, or

(c) by a previous resolution under this section, provided that the mayor for the area of the authority is no longer to be known by an alternative title.

(2) The authority may, by a resolution in accordance with subsection (4)—

(a) in a subsection (1)(a) case—

(i) provide that the mayor is no longer to be known by the alternative title, or

(ii) change the title by which the mayor is to be known to an alternative title mentioned in subsection (3);

(b) in a subsection (1)(b) or (c) case, change the title by which the mayor is to be known to an alternative title mentioned in subsection (3).

(3) The alternative titles are—

(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.

(4) The following requirements must be met in relation to the resolution mentioned in subsection (2)—

(a) the resolution must be considered at a relevant meeting of the authority,

(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 (3)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and

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

(5) In subsection (4)(a) “relevant meeting” means the first meeting of the authority held after a qualifying election for the return of the mayor, provided that the election is at least the third qualifying election since the resolution mentioned in subsection (1) was passed.

(6) Where under this section an authority provides that the mayor for the area of the authority is no longer to be known by an alternative title, 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.

(7) Subsections (8) and (9) apply where under this section an authority changes the title by which the mayor for the area of the authority is to be known to an alternative title.

(8) 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.

(9) 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.

(10) 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.

(11) Where a combined authority to which section 107H applies does not pass a resolution as required by subsection (2) of that section, the authority is to be treated for the purposes of this section as if, at the meeting mentioned in that subsection, it had passed the resolution mentioned in section 107H(2)(a) (providing that the mayor is to be known by the title of mayor).

(12) In this section a reference to a member of a combined authority does not include a non-constituent member.

(13) In this section—

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

• “qualifying election” has the same meaning as in section 107I.]

Textual Amendments

F1 Ss. 107H-107K inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 76, 255(2)(n) (with s. 247)