Local Government Bill [H.L.] - continued        House of Lords
PART II, ARRANGEMENTS WITH RESPECT TO EXECUTIVES - continued
Elected mayors - continued

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Voting at elections of elected mayors.     37. - (1) Each person entitled to vote as an elector at an election for the return of an elected mayor is to have the following vote or votes-
 
 
    (a) one vote (referred to in this Part as a first preference vote) which may be given for the voter's first preference from among the candidates to be the elected mayor, and
 
    (b) if there are three or more candidates to be the elected mayor, one vote (referred to in this Part as a second preference vote) which may be given for the voter's second preference from among those candidates.
      (2) The elected mayor is to be returned under the simple majority system, unless there are three or more candidates.
 
      (3) If there are three or more candidates to be the elected mayor, the elected mayor is to be returned under the supplementary vote system in accordance with Schedule 2.
 
Entitlement to vote.     38. - (1) The persons entitled to vote as electors at an election of an elected mayor are those who on the day of the poll-
 
 
    (a) would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the area of the local authority concerned, and
 
    (b) are registered in the register of local government electors at an address within the authority's area.
      (2) A person is not entitled as an elector to cast more than one first preference vote, or more than one second preference vote, at an election for the return of an elected mayor.
 
Power to make provision about elections.     39. - (1) The Secretary of State may by regulations make provision as to-
 
 
    (a) the conduct of elections for the return of elected mayors, and
 
    (b) the questioning of elections for the return of elected mayors and the consequences of irregularities.
      (2) The provision which may be made under subsection (1)(a) includes, in particular, provision-
 
 
    (a) about the registration of electors,
 
    (b) for disregarding alterations in a register of electors,
 
    (c) about the limitation of the election expenses of candidates (and the creation of criminal offences in connection with the limitation of such expenses), and
 
    (d) for the combination of polls at elections for the return of elected mayors and other elections.
      (3) Regulations under this section may-
 
 
    (a) apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or any other enactment relating to parliamentary elections or local government elections,
 
    (b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of elected mayors, and
 
    (c) so far as may be necessary in consequence of any provision made by this Act or any regulations under this section, amend any provision of, or made under, any enactment relating to the registration of parliamentary electors or local government electors.
      (4) No return of an elected mayor at an election is to be questioned except by an election petition under the provisions of Part III of the Representation of the People Act 1983 as applied by or incorporated in regulations under this section.
 
 
Provisions with respect to referendums
Provisions with respect to referendums.     40. - (1) A local authority may not hold more than one referendum in any period of five years.
 
      (2) The persons entitled to vote in a referendum held by a local authority are those who on the day of the referendum-
 
 
    (a) would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the authority's area, and
 
    (b) are registered in the register of local government electors at an address within the authority's area.
      (3) The Secretary of State may by regulations make provision as to the conduct of referendums.
 
      (4) The Secretary of State may by regulations make provision for the combination of polls at referendums with polls at any elections.
 
      (5) Regulations under subsection (3) or (4) may apply or incorporate, with or without modifications or exceptions, any provision made by or under any enactment relating to elections or referendums.
 
      (6) The provision which may be made under subsection (3) includes, in particular, provision-
 
 
    (a) as to the question to be asked in a referendum,
 
    (b) as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum),
 
    (c) as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum,
 
    (d) permitting a referendum to take place in a manner which does not involve a poll, and
 
    (e) for disregarding alterations in a register of electors.
      (7) In this section "referendum" means a referendum held under section 25 or 27 or by virtue of regulations under section 30 or 31.
 
 
Power to make further provision
Power to make incidental, consequential provision etc.     41. The Secretary of State may by order make such incidental, consequential, transitional or supplemental provision as he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Part.
 
Power to modify enactments.     42. - (1) The Secretary of State may by order make modifications of enactments (whenever passed or made) which are no more than necessary to give full effect to any provision of this Part.
 
      (2) The power under subsection (1) to modify enactments is a power-
 
 
    (a) to apply enactments with or without modifications,
 
    (b) to extend, disapply or amend enactments, and
 
    (c) to repeal or revoke enactments with or without savings.
      (3) In this section "enactment" includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
 
 
Interpretation
Interpretation of Part II.     43. - (1) In this Part, unless the context otherwise requires-
 
 
    "advisory committee", in relation to a local authority, means a committee appointed by the authority under section 102(4) of the Local Government Act 1972, and includes a reference to a sub-committee appointed by such a committee,
 
    "council manager" has the meaning given by section 10(4)(b),
 
    "elected mayor" has the meaning given by section 35(1),
 
    "electoral area" has the meaning given by section 203(1) of the Representation of the People Act 1983,
 
    "executive", in relation to a local authority, is to be construed in accordance with section 10,
 
    "executive arrangements" has the meaning given by section 9,
 
    "executive leader" has the meaning given by section 10(3)(a),
 
    "first preference vote" has the meaning given by section 37(1)(a),
 
    "local authority" means-
 
      (a) in relation to England, a county council, a district council or a London borough council, and
 
      (b) in relation to Wales, a county council or a county borough council,
 
    "local government elector" has the meaning given by section 270(1) of the Local Government Act 1972,
 
    "ordinary committee", in relation to a local authority, means any committee appointed by the authority under section 102(1)(a) of the Local Government Act 1972, and includes a reference to a sub-committee appointed by such a committee,
 
    "overview and scrutiny committee" has the meaning given by section 19(1),
 
    "the political balance requirements" means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989,
 
    "second preference vote" has the meaning given by section 37(1)(b).
      (2) Any reference in this Part to the chairman of a local authority-
 
 
    (a) is a reference to that person whether or not he is entitled to another style, and
 
    (b) in the case of a London borough, is a reference to the person who is referred to in Part I of Schedule 2 to the Local Government Act 1972 as the mayor of the borough.
      (3) Any reference in this Part to the vice-chairman of a local authority-
 
 
    (a) is a reference to that person whether or not he is entitled to another style, and
 
    (b) in the case of a London borough, is a reference to the person who is referred to in Part I of Schedule 2 to the Local Government Act 1972 as the deputy mayor of the borough.
      (4) Any reference in this Part to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.
 
      (5) Section 101 of the Local Government Act 1972 does not apply to the function of the passing of a resolution under any provision of this Part.
 
 
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