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Explanatory Note

(This note is not part of the Regulations)

Under the Local Government Act 2000 (“the 2000 Act”) a local authority may, or may be required to, hold a referendum on the question of whether it should adopt a mayor and cabinet executive. Where the result of such a referendum is to approve proposals for such arrangements, an election for the return of an elected mayor is required. A local authority may also, if not required to hold a referendum under section 9M or an order made under section 9N resolve, without holding a referendum, to adopt a mayor and cabinet executive.

These Regulations provide for the timing of the first, second and subsequent elections for the return of elected mayors of local authorities (regulations 3, 4 and 7). Different provision is made for the first and second elections of authorities which are subject to an order under section 9N of the 2000 Act made before 1st April 2012 (regulations 5 and 6). The Regulations also provide for the term of office of the individuals elected, for the intervals between subsequent mayoral elections and for the filling of casual vacancies (regulations 8 to 11). They make transitional provision where a local authority has passed a mayoral resolution before the coming into force of these Regulations (regulation 12) and revoke the Local Authorities (Elected Mayors)(Elections, Terms of Office and Casual Vacancies)(England) Regulations 2001 (S.I. 2001/2544) (regulation 13).

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.