The Local Authorities (Elected Mayors)(Elections, Terms of Office and Casual Vacancies)(England) Regulations 2012

First election of mayor E+W

3.—(1) Subject to [F1 paragraph (1A) and] regulation 5, if a local authority so resolves the first election shall take place on the first relevant day after (as the case may be) the date of the referendum or the date the mayoral resolution was passed.

[F2 (1A) Where the following conditions are satisfied, the first election shall take place on the first ordinary day of election after the end of the period of 3 months beginning with the date of the referendum under Part 2 of the Petitions Regulations—

(a) the petition organiser made a request in writing, at the time a valid petition was presented to the local authority in accordance with regulation 9 of the Petitions Regulations, for the first election to take place on the first ordinary day of election after the end of the period of 3 months beginning with the date of the referendum under Part 2 of the Petitions Regulations, and

(b) the local authority resolves, prior to the publication of the notice under regulation 4(1) of the Referendum Regulations, that if the proposals are approved the first election shall take place on the first ordinary day of election after the period of 3 months beginning with the date of the referendum under Part 2 of the Petitions Regulations.]

(2) Subject to regulation 5, where the date of the referendum or the date the mayoral resolution was passed is before 15th November 2012, the local authority may resolve that the first election shall take place on 15th November 2012.

(3) If no resolution is passed by the local authority under either paragraph (1) [F3 , (1A)] or (2) the first election shall take place on the first relevant day after (as the case may be) the end of the period of three months beginning with the date of the referendum or the date the mayoral resolution was passed.

(4) Paragraphs (1), [F4 (1A),] (2) and (3) apply with the modifications specified in paragraph (5) if—

(a) an election court—

(i) dismisses a referendum petition M1 ; or

(ii) in accordance with section 145(1A)(b) of the Representation of the People Act 1983 M2 , reverses the result of a referendum; or

(b) the High Court declines to grant leave for the presentation of a referendum petition on the ground mentioned in paragraph (1)(d) of regulation 15 (procedures for questioning referendum) of the Referendums Regulations.

(5) In—

(a) each of paragraphs (1) and (3) for the words from “the date” to the end substitute the words “ the date of the decision of the election court or the High Court ”; F5 ...

[F6 (aa) paragraph (1A) for the words “the date of the referendum under Part 2 of the Petitions Regulations” the first time they occur substitute the words “the date of the decision of the election court or the High Court”; and]

(b) paragraph (2) for the words from “the date” to “was passed” substitute the words “ the date of the decision of the election court or the High Court ”.

Textual Amendments

F1 Words in reg. 3(1) inserted (5.9.2014) by The Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) (Amendment) Regulations 2014 (S.I. 2014/2172), regs. 1, 2(3)(a)

F2 Reg. 3(1A) inserted (5.9.2014) by The Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) (Amendment) Regulations 2014 (S.I. 2014/2172), regs. 1, 2(3)(b)

F3 Word in reg. 3(3) inserted (5.9.2014) by The Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) (Amendment) Regulations 2014 (S.I. 2014/2172), regs. 1, 2(3)(c)

F4 Word in reg. 3(4) inserted (5.9.2014) by The Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) (Amendment) Regulations 2014 (S.I. 2014/2172), regs. 1, 2(3)(d)

F5 Word in reg. 3(5)(a) omitted (5.9.2014) by virtue of The Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) (Amendment) Regulations 2014 (S.I. 2014/2172), regs. 1, 2(3)(e)

F6 Reg. 3(5)(aa) inserted (5.9.2014) by The Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) (Amendment) Regulations 2014 (S.I. 2014/2172), regs. 1, 2(3)(e)

Modifications etc. (not altering text)

C1 Reg. 3(3) excluded (5.9.2014) by The Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) (Amendment) Regulations 2014 (S.I. 2014/2172), regs. 1, 3(b)

Marginal Citations

M1 See regulation 17 of the Referendums Regulations.

M2 See regulation 15 of, and in particular Schedule 6 to, the Referendums Regulations. Schedule 6 to the Referendums Regulations applies existing section 145 of the Representation of the People Act 1983 with modifications relevant to referendum petitions.