F1PART 1AArrangements with respect to local authority governance in England

CHAPTER 2Executive arrangements

Elected mayors etc

F29HFAlternative mayoral titles

(1)

A local authority within subsection (8) may, by a resolution in accordance with subsection (2), change the title by which the elected mayor 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.

(2)

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

(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 (1)(e), the resolution must specify why the authority considers that the title is more appropriate than the other alternative titles mentioned in subsection (1), and

(d)

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

(3)

In subsection (2)(a) “relevant meeting” means—

(a)

in the case of a local authority within subsection (8)(a), the first meeting of the authority held after a qualifying election for the return of the elected mayor,

(b)

in the case of a local authority within subsection (8)(b), the meeting of the authority at which the resolution under section 9KC (resolution of local authority) is passed, and

(c)

in the case of a local authority within subsection (8)(c), the first meeting of the authority held after the referendum mentioned in section 9N is held.

(4)

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

(b)

references to mayor, mayoral 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)

A local authority is within this subsection if—

(a)

it operates a mayor and cabinet executive,

(b)

it passes a resolution in accordance with section 9KC (resolution of local authority) to make a change in governance arrangements which provides for the authority to operate a mayor and cabinet executive, or

(c)

it holds a referendum by virtue of an order under section 9N (referendum on change to mayor and cabinet executive) and the proposal for the authority to operate a mayor and cabinet executive is approved in that referendum.

(9)

The Secretary of State may by regulations amend subsection (1) to add, modify or remove a reference to an alternative title or a description of an alternative title.

(10)

In this section—

“enactment”—

(a)

includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, but

(b)

does not include this section or section 9HG;

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

(a)

the first election for the return of the elected mayor, and

(b)

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

(11)

This section is subject to section 9HG.