- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Greater Manchester Combined Authority (Amendment) Order 2015 No. 960
4.—(1) Schedule 1 (constitution) is amended as follows.
(2) After paragraph 1 (membership) insert—
1A.—(1) The GMCA may appoint an additional member of the GMCA, to be known as Interim Mayor.
(2) Any person who satisfies each of the following conditions is eligible for appointment as Interim Mayor—
(a)the person is resident in the area of any one of the constituent councils of the GMCA;
(b)the person is—
(i)an elected member of a constituent council;
(ii)an elected mayor of a constituent council;
(iii)the Greater Manchester Police and Crime Commissioner; or
(iv)a Member of Parliament or Member of the European Parliament with a constituency wholly or partly within the area of the GMCA;
(c)the person holds such elected office at the date of application for the position of Interim Mayor and on the date of appointment.
(3) A person may not be appointed as Interim Mayor unless—
(a)the person is eligible to be appointed under sub-paragraph (2);
(b)the person has submitted an application in accordance with any application procedure and timetable determined by the GMCA;
(c)the person has been nominated by at least one member of the GMCA in accordance with any application procedure and timetable determined by the GMCA following consideration by the GMCA of all applications for the office; and
(d)the appointment has been approved by the GMCA by a simple majority at a meeting of the GMCA following a vote of its members.
(4) The appointment of the Interim Mayor is to be for a fixed term to be determined by the GMCA, up to a maximum of 2 years.
(5) At the conclusion of the fixed term determined under sub-paragraph (4), the GMCA may appoint a further Interim Mayor in accordance with this paragraph.
(6) A person may resign as Interim Mayor or acting Interim Mayor by written notice served on the proper officer of the GMCA and the resignation shall take effect on receipt of the notice by the proper officer.
(7) The GMCA may terminate the appointment of the Interim Mayor, or the acting Interim Mayor where one has been appointed, provided that at least 7 members of the GMCA vote in favour of a resolution to terminate such appointment at a meeting of the GMCA.
(8) In sub-paragraph (7) “member” does not include the Interim Mayor, or acting Interim Mayor where one has been appointed.
(9) Where a person ceases to be an Interim Mayor or an acting Interim Mayor by virtue of sub-paragraph (6) or (7), the GMCA may appoint a further Interim Mayor in accordance with this paragraph.”.
(3) In paragraph 2 (chair and vice-chair (s)), in sub-paragraph (1) before “The GMCA” insert “Subject to paragraph 2A”.
(4) After paragraph 2 insert—
2A.—(1) Where the GMCA has appointed an Interim Mayor—
(a)the Interim Mayor becomes the chair of the GMCA;
(b)the GMCA may appoint one or more vice-chairs from among its members; and
(c)the appointment of any vice-chair under sub-paragraph (b) must take place as the first item of business of the first meeting of the GMCA following the appointment of the Interim Mayor.
(2) If a vacancy arises in the office of Interim Mayor, the GMCA—
(a)may appoint a vice-chair as acting Interim Mayor to exercise the functions of Interim Mayor until a permanent appointment of a new Interim Mayor can be made; and
(b)must commence the appointment process referred to in paragraph 1A(3) to fill the vacancy at the next ordinary meeting of the GMCA, or, if that meeting is to be held within 14 days of the vacancy arising, at the meeting following that meeting.”.
(5) In paragraph 3 (proceedings) after sub-paragraph (5) insert—
“(6) Subject to sub-paragraph (7), the Interim Mayor is to have one vote and no casting vote.
(7) An Interim Mayor who is not an elected member of a constituent council shall be a non-voting member of the GMCA(1).
(8) Where the Interim Mayor is a voting member (including where the Interim Mayor has been given voting rights by resolution of the GMCA)—
(a)for the reference in sub-paragraph (3) to “7” substitute “8”; and
(b)for the reference in sub-paragraph (4) to “10” substitute “11”.
(9) Sub-paragraph (8) does not apply where there is an acting Interim Mayor.”
(6) In the final paragraph (remuneration)—
(a)in sub-paragraph (1) for “No remuneration” substitute “Subject to sub-paragraph (3), no remuneration”;
(b)after sub-paragraph (2) insert—
“(3) The GMCA may only pay an allowance to the Interim Mayor if—
(a)the GMCA has considered a report published by an independent remuneration panel established by one or more of the constituent councils under regulation 20 of the Local Authorities (Members’ Allowances) (England) Regulations 2003(2) which contains recommendations for such an allowance; and
(b)the allowance paid by the GMCA does not exceed the amount specified in the recommendation made by the independent remuneration panel.”.
See section 85(5) of the Local Transport Act 2008 and section 104 of the Local Democracy, Economic Development and Construction Act 2009 for powers of combined authorities to resolve that non-voting members may have voting rights.
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