Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

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(c) in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;

(d) in the case of resignation, upon the receipt of the notice of resignation by the proper officer of the Authority;

(e) in the case of death, on the date of death;

(f) in the case of disqualification under the [1998 c. 18.] Audit Commission Act 1998 or by virtue of a conviction--

(i) on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant order or decision under that Act or (as the case may be) that conviction, or

(ii) if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution;

(g) in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;

(h) in the case of a person--

(i) ceasing to be qualified to be an Assembly member, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to (g) above, or

(ii) ceasing to be an Assembly member by reason of failure to attend meetings,

on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority as the case may be.

(2) The proper officer of the Authority shall--

(a) give written notice of any casual vacancy among the London members to the Greater London returning officer; and

(b) give public notice of any casual vacancy among the constituency members.

(3) Any public notice under subsection (2)(b) above shall be given--

(a) by posting the notice in some conspicuous place or places in the Assembly constituency concerned; and

(b) in such other manner, if any, as the officer considers desirable for giving publicity to the notice.

(4) Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded under subsection (1) above as occurring.

10 Filling a vacancy in an Assembly constituency

(1) This section applies where the office of an Assembly member returned for an Assembly constituency is vacant.

(2) Subject to subsection (8) below, an election shall be held in the Assembly constituency to fill the vacancy.

(3) At the election to fill the vacancy--

(a) each person entitled to vote at the election shall have a constituency vote; and

(b) the Assembly member for the Assembly constituency shall be returned under the simple majority system.

(4) The date of the poll at the election shall be fixed by the constituency returning officer in accordance with subsection (5) below.

(5) The date fixed shall be no later than 35 days after the date of the relevant event.

(6) In subsection (5) above, "the relevant event" means--

(a) in a case where the High Court or the proper officer of the Authority has declared the office to be vacant, the making of that declaration; or

(b) in any other case, the giving of notice of the vacancy to the proper officer of the Authority by two or more local government electors for the Assembly constituency concerned.

(7) Section 243(4) of the [1972 c. 70.] Local Government Act 1972 shall apply for the purpose of computing the period of 35 days referred to in subsection (5) above as it applies for the purposes of section 89(1) of that Act.

(8) If the vacancy occurs within the period of six months preceding an ordinary election, it shall be left unfilled until that election unless subsection (9) below applies.

(9) This subsection applies if, on the occurrence of the vacancy (or, in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the Assembly exceeds one-third of the whole number of Assembly members.

(10) A person may not be a candidate at an election to fill a vacancy if he is--

(a) the Mayor;

(b) an Assembly member; or

(11) The term of office of the person returned at the election--

(a) shall begin immediately upon his being declared to be returned as the constituency member; and

(b) shall end at the time when it would have ended had he been returned as the constituency member at the previous ordinary election.

11 Filling a vacancy among the London members

(1) This section applies where the office of a London member is vacant.

(2) If the London member was returned as an individual candidate, or the vacancy is not filled in accordance with the following provisions, the vacancy shall remain unfilled until the next ordinary election.

(3) If the London member was returned (under Part II of Schedule 2 to this Act or this section) from a registered political party's list, the Greater London returning officer shall notify the Chair of the Assembly of the name of the person who is to fill the vacancy.

(4) The person who is to fill the vacancy must be one who--

(a) is included in that list;

(b) is willing to serve as a London member; and

(5) This subsection applies to a person if--

(a) he is not a member of the party; and

(b) the party gives notice to the Greater London returning officer that his name is not to be notified under subsection (3) above as the name of the person who is to fill the vacancy.

(6) Where more than one person satisfies the conditions in subsection (4) above, the Greater London returning officer shall notify the name of whichever of them is higher, or highest, in the list.

(7) Where a person's name has been notified under subsection (3) above, his term of office as a London member--

(a) shall begin on the day on which the notification is received under that subsection, and

(b) shall end at the time when it would have ended had he been returned as a London member at the previous ordinary election,

and this Act shall apply as if the person had been declared to be returned as a London member on the day on which the notification under subsection (3) above is so received.

Vacancy in the office of Mayor

12 Resignation

(1) The Mayor may at any time resign his office by giving notice to the proper officer of the Authority.

(2) Any such resignation shall take effect on the officer's receipt of the notice.

13 Failure to attend meetings

If the Mayor fails on six consecutive occasions to attend meetings of the Assembly held pursuant to section 52(3) below, he shall cease to be the Mayor.

14 Declaration of vacancy in certain cases

Where the Mayor--

(a) ceases to be qualified to be the Mayor,

(b) becomes disqualified from being the Mayor otherwise than--

(i) under the [1998 c. 18.] Audit Commission Act 1998,

(ii) by virtue of a conviction, or

(iii) by virtue of a breach of any provision of Part II of the Representation of the [1983 c. 2.] People Act 1983, or

the proper officer of the Authority shall forthwith declare his office to be vacant, unless it has been declared vacant by the High Court.

15 Date of casual vacancy

(1) Subsection (1) of section 9 above shall apply for the purpose of filling a casual vacancy in the office of Mayor as it applies for the purpose of filling a casual vacancy in the membership of the Assembly, but with the omission of paragraphs (a) and (b) and the substitution for paragraph (h) of--

" (h) in the case of a person--

(i) ceasing to be qualified to be the Mayor, or becoming disqualified, for any reason other than one mentioned in paragraphs (c) to (g) above, or

(ii) ceasing to be the Mayor by reason of failure to attend meetings of the Assembly,

on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority, as the case may be. "

(2) If a casual vacancy arises in the office of Mayor, the proper officer of the Authority shall give--

(a) notice of the vacancy to the Greater London returning officer; and

(b) public notice of the vacancy in every Assembly constituency.

(3) Any public notice under subsection (2)(b) above shall be given--

(a) by posting the notice in some conspicuous place or places in each Assembly constituency; and

(b) in such other manner, if any, as the officer considers desirable for giving publicity to the notice.

(4) Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded by virtue of subsection (1) above as occurring.

16 Filling a vacancy

(1) This section applies where a vacancy occurs in the office of the Mayor.

(2) Subject to subsection (9) below, an election shall be held to fill the vacancy.

(3) At the election, each person entitled to vote as an elector at the election shall have a mayoral vote.

(4) Subsections (2) and (3) of section 4 above and Part I of Schedule 2 to this Act shall apply in relation to the election as they apply in relation to the election of the Mayor at an ordinary election.

(5) The date of the poll at the election shall be fixed by the Greater London returning officer in accordance with subsection (6) below.

(6) The date fixed shall be no later than 35 days after the date of the relevant event.

(7) In subsection (6) above, "the relevant event" means--

(a) in a case where the High Court or the proper officer of the Authority have declared the office to be vacant, the making of that declaration; or

(b) in any other case, the giving of notice of the vacancy to the proper officer of the Authority by two or more local government electors for Greater London.

(8) Section 243(4) of the [1972 c. 70.] Local Government Act 1972 shall apply for the purpose of computing the period of 35 days referred to in subsection (6) above as it applies for the purposes of section 89(1) of that Act.

(9) If the vacancy occurs within the period of six months preceding an ordinary election, it shall be left unfilled until that election.

(10) If--

(a) a person who is a candidate in an election to fill a vacancy in the office of Mayor is also a candidate in an election to fill a vacancy in an Assembly constituency, and

(b) that person is returned in both elections, but

a vacancy shall arise in the Assembly constituency.

(11) The term of office of the person returned as the Mayor at the election--

(a) shall begin immediately upon his being declared to be returned as the Mayor; and

(b) shall end at the time when it would have ended had he been returned as the Mayor at the previous ordinary election.

Franchise, conduct of elections etc

17 Franchise, conduct of elections etc

Schedule 3 to this Act (which, by amending the Representation of the People Acts, makes provision for and in connection with treating elections under this Act as local government elections for the purposes of those Acts) shall have effect.

18 Cost of holding the first ordinary elections

(1) A returning officer shall be entitled to recover expenditure properly incurred by him in relation to the holding of the first ordinary election if the expenditure--

(a) is of a kind determined by the Secretary of State; and

(b) is reasonable.

(2) The Secretary of State may determine a maximum recoverable amount for expenditure of such description as he may determine; and the returning officer may not recover more than that amount in respect of any such expenditure.

(3) The amount of any expenditure recoverable in accordance with this section shall be charged on and paid out of the Consolidated Fund on an account being submitted to the Secretary of State; but the Secretary of State must, before payment, satisfy himself that the expenditure in the account is properly payable.

(4) A returning officer must furnish the Secretary of State with such information or documents relating to an account submitted under subsection (3) above as the Secretary of State may require.

(5) The Secretary of State must prepare an account of any sums which are issued to him out of the Consolidated Fund by virtue of this section and of his use of those sums.

(6) The account required to be prepared under subsection (5) above must be audited by such body or person as the Treasury may determine.

(7) Any exercise by the Secretary of State of his functions under subsections (1) and (2) above shall require the consent of the Treasury.

(8) This section has effect in relation to the first ordinary election instead of section 36(4B) of the Representation of the [1983 c. 2.] People Act 1983.

19 Expenditure of Secretary of State in connection with holding the first ordinary election

(1) The Secretary of State may incur expenditure in doing anything which he considers expedient--

(a) in preparation for the holding of the first ordinary election,

(b) for the purpose of facilitating the conduct of the first ordinary election, or

(2) The Secretary of State must not, by virtue of subsection (1) above, incur expenditure of a kind which is recoverable by a returning officer under section 18 above.

Qualifications and disqualifications

20 Qualification to be the Mayor or an Assembly member

(1) Subject to any disqualification by virtue of this Act or any other enactment, a person is qualified to be elected and to be the Mayor or an Assembly member if he satisfies the requirements of subsections (2) to (4) below.

(2) The person must be--

(a) a Commonwealth citizen;

(b) a citizen of the Republic of Ireland; or

(3) On the relevant day, the person must have attained the age of 21 years.

(4) The person must satisfy at least one of the following conditions--

(a) on the relevant day he is, and from that day continues to be, a local government elector for Greater London;

(b) he has, during the whole of the twelve months preceding that day, occupied as owner or tenant any land or other premises in Greater London;

(d) he has during the whole of that twelve months resided in Greater London.

(5) This section applies in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.

(6) References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.

(7) In the application of this section by virtue of subsection (5) above, any reference to the day on which a person is nominated as a candidate shall be taken as a reference to the day on which notification of the person's name is given under section 11(3) above by the Greater London returning officer.

(8) In this section--

"citizen of the Union" shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union);
"relevant citizen of the Union" means a citizen of the Union who is not--
(a)
a Commonwealth citizen; or
(b)
a citizen of the Republic of Ireland;
"the relevant day", in relation to any candidate, means--
(a)
the day on which he is nominated as a candidate and also, if there is a poll, the day of the election; or
(b)
if the election is not preceded by the nomination of candidates, the day of the election.

21 Disqualification from being the Mayor or an Assembly member

(1) A person is disqualified from being elected or being the Mayor or an Assembly member if--

(a) he is a member of staff of the Authority;

(b) he holds any of the offices or appointments for the time being designated by the Secretary of State in an order as offices or appointments disqualifying persons from being the Mayor or an Assembly member;

(d) he has within five years before the day of the election, or since his election, been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

(e) he is disqualified under--

(i) section 85A or Part III of the Representation of the [1983 c. 2.] People Act 1983, or

(ii) section 17 or 18 of the [1998 c. 18.] Audit Commission Act 1998,

from being elected or being the Mayor or an Assembly member.

(2) A paid officer of a London borough council who is employed under the direction of--

(a) any of that council's committees or sub-committees the membership of which includes the Mayor or one or more persons appointed on the nomination of the Authority acting by the Mayor, or

(b) a joint committee the membership of which includes one or more members appointed on the nomination of that council and one or more members appointed on the nomination of the Authority acting by the Mayor,

shall be disqualified from being elected or being the Mayor or an Assembly member.

(3) Where a person is disqualified under subsection (1)(c) above by reason of having been adjudged bankrupt, the disqualification shall cease--

(a) unless the bankruptcy order made against the person is previously annulled, on his discharge from bankruptcy; and

(b) if the bankruptcy order is so annulled, on the date of the annulment.

(4) Where a person is disqualified under subsection (1)(c) above by reason of having made a composition or arrangement with his creditors, the disqualification shall cease--

(a) if he pays his debts in full, on the date on which the payment is completed; and

(b) in any other case, on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.

(5) For the purposes of subsection (1)(d) above--

(a) the ordinary date on which the period allowed for making an appeal or application with respect to the conviction expires, or

(b) if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution,

shall be deemed to be the date of the conviction.

(6) This section shall apply in relation to being returned as a London member under section 11 above otherwise than at an election as it applies in relation to being elected.

(7) References in this section to election shall accordingly be construed as if a London member so returned were elected at an election on the day on which he is to be treated as returned.

22 Validity of acts done by unqualified persons

The acts and proceedings of any person elected to an office under this Act and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

23 Proceedings for disqualification

Section 92 of the [1972 c. 70.] Local Government Act 1972 (proceedings for disqualification) shall apply in relation to the Authority as it applies in relation to a local authority within the meaning of that section, but taking--

(a) any reference to a member of a local authority as a reference to the Mayor or an Assembly member;

(b) any reference to a local government elector for the area concerned as a reference to a local government elector for Greater London; and

Salaries, expenses and pensions

24 Salaries and expenses

(1) The Authority shall pay to the Mayor and the Assembly members salaries at such levels--

(a) as the Authority from time to time determines; or

(b) before the first determination, as the Secretary of State directs.

(2) The Authority may pay to the Mayor and the Assembly members, in respect of expenses incurred in the exercise of their functions, allowances at such levels--

(a) as the Authority may from time to time determine; or

(b) before the first determination, as the Secretary of State may direct.

(3) A determination or direction under subsection (1) above may provide--

(a) for a higher level of salary to be payable to the Mayor than to any Assembly member;

(b) for higher levels of salaries to be payable to Assembly members holding the offices specified in subsection (4) below than to other Assembly members; and

(4) The offices mentioned in subsection (3)(b) above are--

(a) Deputy Mayor;

(b) Chair of the Assembly.

(5) A determination or direction under subsection (2) above may provide for different allowances for different cases.

(6) A determination under this section may provide for levels of salaries or allowances to change from time to time by reference to a specified formula.

(7) The Authority's functions of making determinations under this section shall be functions of the Authority which are exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.

(8) The standing orders of the Authority must include provision for the publication of every determination under this section.

(9) The Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.

25 Limit on salaries of members of other public bodies

(1) The Secretary of State may by order make provision such as is specified in subsection (3) below in relation to any Authority members to whom relevant remuneration is payable--

(a) pursuant to a resolution (or combination of resolutions) of either House of Parliament relating to the remuneration of members of that House;

(b) under section 1 of the [1979 c. 50.] European Parliament (Pay and Pensions) Act 1979 (remuneration of United Kingdom MEPs); or

(c) in respect of their membership of any other public body (whether elected or appointed) which is specified in the order.

(2) In this section--

"Authority member" means--
(a)
the Mayor; or
(b)
an Assembly member;
"relevant remuneration" means--
(a)
a salary; or
(b)
any allowance of a description specified by order made by the Secretary of State.

(3) The provision referred to in subsection (1) above is provision that the amount of the salary payable to an Authority member under section 24 above--

(a) shall be reduced to a specified proportion of what it otherwise would be or to a specified amount; or

(b) shall be reduced by the amount of the relevant remuneration payable to him as mentioned in subsection (1) above, by a specified proportion of that amount or by some other specified amount.

(4) An order under subsection (1) above may make different provision in relation to Authority members--

(a) to whom (apart from the order) different amounts of salary would be payable under section 24 above; or

(b) to whom different amounts of relevant remuneration are payable as mentioned in subsection (1) above.

(5) Such an order may include provision that it (or a specified part of it) is not to apply to a specified Authority member or description of Authority members--

(a) either indefinitely or for a specified period; and

(b) either unconditionally or subject to the fulfilment of specified conditions.

26 Pensions

(1) The Authority may make such provision for the payment of pensions to or in respect of persons who have ceased to be the Mayor or an Assembly member--

(a) as the Authority may from time to time determine; or

(b) before the first determination, as the Secretary of State may direct.

(2) The provision which may be made under this section includes, in particular, provision for--

(a) the making of payments towards the provision of superannuation benefits;

(b) establishing and administering one or more schemes for the provision of such benefits;

(c) the making of such payments as are mentioned in paragraph (a) above to any scheme (whether or not established or administered by virtue of paragraph (b) above) of which the Mayor or an Assembly member may be or become a member.

(3) Different provision may be made under this section for different cases.

(4) The Authority's function of determining the provision that may be made under subsection (1) above shall be a function of the Authority which is exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.

(5) The standing orders of the Assembly must include provision for the publication of every determination under this section.

(6) The Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.

(7) A determination or direction under this section shall not affect pensions in payment before the making of the determination or the giving of the direction.

27 Publication of information about remuneration paid

The standing orders of the Authority must contain provision for the publication of information relating to sums paid under sections 24 and 26 above for each financial year.

Supplementary provisions

28 Declaration of acceptance of office

(1) A person elected to the office of Mayor or of an Assembly member shall not act in that office unless--

(a) he has made a declaration of acceptance of the office in a form prescribed in an order made by the Secretary of State; and

(b) within two months from the day of the election, the declaration has been delivered to the proper officer of the Authority.

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