Greater London Authority Bill - continued        House of Lords
SCHEDULE 4, EXERCISE OF FUNCTIONS DURING VACANCY OR TEMPORARY INCAPACITY OF MAYOR - continued

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  PART II
  VACANCIES IN THE OFFICE OF MAYOR
 
Notice of vacancy in office of Mayor
      2. - (1) If a casual vacancy occurs in the office of Mayor, the proper officer of the Authority shall give notice of the vacancy to the Deputy Mayor.
 
      (2) Any notice under sub-paragraph (1) above shall be given as soon as practicable after the date on which the vacancy is to be regarded by virtue of section 15(1) of this Act as occurring.
 
 
Deputy Mayor to be treated as Mayor during vacancy
      3. - (1) During any vacancy in the office of Mayor-
 
 
    (a) any functions exercisable by the Mayor shall be exercisable instead by the Deputy Mayor; and
 
    (b) any functions exercisable by the Mayor and the Assembly acting jointly shall be exercisable instead by the Deputy Mayor and the Assembly acting jointly;
  and, for the period of the vacancy, the Deputy Mayor shall accordingly be treated as if he were the Mayor.
 
      (2) Sub-paragraph (1) above is subject to the following provisions of this Part of this Schedule.
 
 
Functions which are not to be exercisable by Deputy Mayor
      4. - (1) Paragraph 3(1)(a) above does not apply in relation to-
 
 
    (a) any function exercisable under Schedule 5 or 6 to this Act;
 
    (b) any functions in relation to the preparation, alteration or replacement of any strategies under this Act; or
 
    (c) any function of making an appointment mentioned in sub-paragraph (2) below.
      (2) The appointments mentioned in sub-paragraph (1)(c) above are-
 
 
    (a) any appointment of a member of any of the functional bodies;
 
    (b) any appointment of a member of any other body corporate under or by virtue of this Act;
 
    (c) any appointment under subsection (1) of section 56 of this Act.
 
Declaration of acceptance by Deputy Mayor.
      5. - (1) The Deputy Mayor shall not exercise any functions by virtue of paragraph 3 above until he has made, and delivered to the proper officer of the Authority, a declaration of acceptance in a form prescribed in an order made by the Secretary of State.
 
      (2) Subsections (3) and (4) of section 23 of this Act shall apply to a declaration under sub-paragraph (1) above as they apply to a declaration under that section.
 
 
Consequences of making the declaration
      6. - (1) This paragraph applies where the Deputy Mayor makes the declaration required by paragraph 5(1) above.
 
      (2) Where this paragraph applies-
 
 
    (a) the Deputy Mayor shall resign his membership of the Metropolitan Police Authority; and
 
    (b) the Chair of the Assembly shall fill the vacancy so arising by appointing another member of the Assembly to be a member of the Metropolitan Police Authority in place of the Deputy Mayor.
      (3) During the vacancy in the office of Mayor, the Deputy Mayor shall not act as an Assembly member, except in relation to the functions of the Assembly under Schedule 5 or 6 to this Act.
 
      (4) Any period during which sub-paragraph (3) above has effect in relation to a person shall be left out of account in applying section 6 of this Act in relation to that person.
 
 
Exercise of Mayor's functions by Chair during a vacancy
      7. If a vacancy occurs in the office of Mayor and there is no Deputy Mayor, paragraphs 3 to 5 above shall have effect in relation to the Chair of the Assembly as if he were the Deputy Mayor.
 
 
Setting the budget during a vacancy
      8. If, at any time when proceedings under Schedule 5 or 6 to this Act are taking place in respect of any year, there is a vacancy in the office of Mayor, those and any subsequent proceedings under the Schedule in question in respect of that year shall proceed as if the Mayor had failed to fulfil his duties under that Schedule.
 
 
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