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

Date on which vacancy occurs

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(1);

(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(2), 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((3)); 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 (4), 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.

(1)

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.

(2)

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.

(3)

See section 85 of the Local Government Act 1972.

(4)

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