Levelling-up and Regeneration Act 2023

Qualification and disqualification E+W

7 (1) In order to be qualified to be elected and to hold office as the mayor for the area of a CCA, a person must, on the relevant day, be—

(a) at least 18 years old, and

(b) a qualifying citizen.

(2) The person must also—

(a) on and after the relevant day, be entitled (under paragraph 5) to vote in the election for the return of the mayor for that area, or

(b) for the twelve months before the relevant day—

(i) have occupied, as owner or tenant, land or other premises within an electoral area situated wholly or partly within the area of the CCA,

(ii) had their principal or only place of work in that electoral area, or

(iii) resided in that electoral area.

(3) In this paragraph—

• “electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983;

• “qualifying citizen” means a person who is—

  (a)

  a qualifying Commonwealth citizen (within the meaning given by section 79 of the Local Government Act 1972),

  (b)

  a citizen of the Republic of Ireland,

  (c)

  a qualifying EU citizen (within the meaning given by section 203A of the Representation of the People Act 1983), or

  (d)

  an EU citizen with retained rights (within the meaning given by section 203B of that Act);

• “relevant day” means—

  (a)

  if the election is preceded by the nomination of candidates, the day on which the person is nominated, and

  (b)

  if the election is not preceded by the nomination of candidates, the day of the election.

(4) Until the coming into force of paragraph 5 of Schedule 8 to the Elections Act 2022 (amendment of paragraph 8(3) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 relating to candidacy rights of EU citizens), sub-paragraph (3) has effect as if for the definition of “qualifying citizen” there were substituted—

• ““qualifying citizen” means a person who is a qualifying Commonwealth citizen or a citizen of the Republic of Ireland or a relevant citizen of the Union, within the meaning given in section 79 of the Local Government Act 1972;”.

Modifications etc. (not altering text)

C1 Sch. 2 para. 7(3) modified (temp.) (7.2.2024) by The Combined Authorities (Mayoral Elections) Order 2017 (Amendment) Regulations 2024 (S.I. 2024/131), regs. 1(3), 23, 24

Commencement Information

I1 Sch. 2 para. 7 in force at Royal Assent, see s. 255(2)(a)