Part 2Local democracy and devolution

Chapter 1Combined county authorities

Alternative mayoral titles

43Alternative mayoral titles: further changes

(1)

This section applies where a mayoral CCA has—

(a)

by a resolution under section 42 or by a previous resolution under this section, changed the title by which the mayor for the area of the CCA is to be known to an alternative title,

(b)

by a resolution under section 42, provided that the mayor for the area of the CCA is to be known by the title of mayor, or

(c)

by a previous resolution under this section, provided that the mayor for the area of the CCA is no longer to be known by an alternative title.

(2)

The CCA may, by a resolution in accordance with this section—

(a)

in a subsection (1)(a) case—

(i)

provide that the mayor is no longer to be known by the alternative title, or

(ii)

change the title by which the mayor is to be known to an alternative title mentioned in subsection (3);

(b)

in a subsection (1)(b) or (c) case, change the title by which the mayor is to be known to an alternative title mentioned in subsection (3).

(3)

The alternative titles mentioned in subsection (2) are as follows—

(a)

county commissioner;

(b)

county governor;

(c)

elected leader;

(d)

governor;

(e)

a title that the CCA 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 CCA.

(4)

The following requirements must be met in relation to the resolution mentioned in subsection (2)—

(a)

the resolution must be considered at a relevant meeting of the CCA,

(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 (3)(e), the resolution must specify why the CCA considers that the title is more appropriate than the other alternative titles mentioned in subsection (3), and

(d)

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

(5)

In subsection (4)(a) “relevant meeting” means the first meeting of the CCA held after a qualifying election for the return of the mayor, provided that the election is at least the third qualifying election since the resolution mentioned in subsection (1) was passed.

(6)

Where under this section an authority provides that the mayor for the area of the CCA is no longer to be known by an alternative title, the CCA must—

(a)

send notice of the change to the Secretary of State,

(b)

publish the notice in the area of the CCA in such manner as the CCA considers appropriate,

(c)

publish the notice in such other manner as the Secretary of State may direct.

(7)

Subsections (8) and (9) apply where under this section a CCA changes the title by which the mayor for the area of the CCA is to be known to an alternative title.

(8)

The authority must—

(a)

send notice of the change to the Secretary of State, and

(b)

publish the notice in the area of the CCA in such manner as the CCA considers appropriate,

(c)

publish the notice in such other manner as the Secretary of State may direct.

(9)

Where this subsection applies—

(a)

a reference in any enactment (whenever passed or made) to the mayor for the area of the CCA is, unless the context otherwise requires, to be read as a reference to the alternative title by which the mayor is to be known, and

(b)

references to mayor, mayoral (except in the expression “mayoral CCA”) and deputy mayor are to be construed accordingly.

(10)

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.

(11)

Where a mayoral CCA to which section 42 applies does not pass a resolution as required by subsection (1) of that section, the authority is to be treated for the purposes of this section as if, at the meeting mentioned in that subsection, it had passed the resolution mentioned in section 42(1)(a) (providing that the mayor is to be known by the title of mayor).

(12)

In this section a reference to a member of a CCA does not include a non-constituent member.

(13)

In this section—

“enactment” has the same meaning as in section 42;

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

(a)

the first election for the return of the mayor, and

(b)

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