The Combined Authorities (Mayors) (Filling of Vacancies) Order 2017

Date on which vacancy occurs U.K.

4.  For the purposes of this Order, a vacancy is to be taken to have occurred on—

(a) in the case of resignation, the date of the receipt of the notice of resignation by the person to whom the notice is required to be delivered M1 ;

(b) in the case of death, the date of death;

(c) in the case of the mayor's election being declared void on the determination of an election petition, the date of—

(i) the expiry of the ordinary period allowed for making an application with respect to the report or certificate of the election court, or

(ii) if an application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted;

(d) the date on which the mayor's office is declared to have been vacated by the combined authority M2 , in any of the following circumstances—

(i) the mayor ceasing to be qualified to be a member of the combined authority;

(ii) the mayor ceasing to be a member of the combined authority by reason of failure to attend meetings(M3 ); or

(iii) the mayor becoming disqualified for any other reason;

(e) where the mayor's office is declared to have been vacated by the High Court in proceedings for disqualification M4 , the date of—

(i) the expiry of the ordinary period allowed for making an appeal or application with respect to the decision of the High Court, or

(ii) if an appeal or application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.

[F1 (f) in the case of a disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification orders), on the date the office is vacated in accordance with section 31 of that Act (vacation of office etc).]

Textual Amendments

F1 Art. 4(f) inserted (1.11.2023) by The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023 (S.I. 2023/1141), regs. 1(2), 10

Modifications etc. (not altering text)

C1 Art. 4 applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 58(2)

C2 Art. 4(d) modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 33(2), Sch. 5 para. 57(2)

Marginal Citations

M1 The procedure for resignation of a member of a combined authority may be specified in an order made under section 104 of the Local Democracy, Economic Development and Construction Act 2009 – see, for example paragraph 1(9) of Schedule 1 to S.I. 2014/865.

M2 See section 86 of the Local Government Act 1972 as amended by paragraph 14 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009.

M3 See section 85 of the Local Government Act 1972.

M4 See section 92(2)(a)(i) of the Local Government Act 1972.