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PART II continued
(1) The persons entitled to vote as electors at an election for the return of an elected mayor or elected executive member 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.
(1) The Secretary of State may by regulations make provision as to—
(a) the conduct of elections for the return of elected mayors or elected executive members, and
(b) the questioning of elections for the return of elected mayors or elected executive members 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 election expenses (and the creation of criminal offences in connection with the limitation of such expenses),
(d) for the combination of polls at elections for the return of elected mayors and other elections (including elections for the return of elected executive members), and
(e) for the combination of polls at elections for the return of elected executive members and other elections (including elections for the return of elected mayors).
(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 provision of any other enactment (whenever passed or made) 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 or elected executive members, and
(c) so far as may be necessary in consequence of any provision made by or under this Part or any regulations under this section, amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors.
(4) No return of an elected mayor or elected executive member at an election is to be questioned except by an election petition under the provisions of Part III of the [1983 c. 2.] Representation of the [1983 c. 2.] People Act 1983 as applied by or incorporated in regulations under this section.
(1) A local authority may not hold more than one referendum in any period of five years.
(2) If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals in accordance with any provision made by the regulations or order.
(3) If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals but must instead comply with any provision made by the regulations or order.
(4) 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.
(5) The Secretary of State may by regulations make provision as to the conduct of referendums.
(6) The Secretary of State may by regulations make provision for the combination of polls at referendums with polls at any elections.
(7) Regulations under subsection (5) or (6) may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.
(8) The provision which may be made under subsection (5) 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) about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure),
(d) as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum,
(e) as to when, where and how voting in a referendum is to take place,
(f) as to how the votes cast in a referendum are to be counted, and
(g) for disregarding alterations in a register of electors.
(9) In subsections (1), (4) to (6) and (8) “referendum” means a referendum held under section 27 or by virtue of regulations or an order made under any provision of this Part.
Schedule 3, which contains amendments to the [1972 c. 70.] Local Government Act 1972, has effect.
(1) 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 made by or under this Part.
(2) The provision which may be made under subsection (1) includes provision modifying any enactment (whenever passed or made).
(3) The power under subsection (2) to modify an enactment is a power—
(a) to apply that enactment with or without modifications,
(b) to extend, disapply or amend that enactment, or
(c) to repeal or revoke that enactment with or without savings.
(1) In this Part, unless the context otherwise requires—
“alternative arrangements” has the meaning given by section 32(1),
“council manager” has the meaning given by section 11(4)(b),
“elected executive member” has the meaning given by section 39(4),
“elected mayor” has the meaning given by section 39(1),
“electoral area” has the meaning given by section 203(1) of the [1983 c. 2.] Representation of the People Act 1983,
“enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the [1978 c. 30.] Interpretation Act 1978),
“executive”, in relation to a local authority, is to be construed in accordance with section 11,
“executive arrangements” has the meaning given by section 10,
“executive leader” has the meaning given by section 11(3)(a),
“fall-back proposals” and “outline fall-back proposals” are to be construed in accordance with section 27(1) and (2),
“first preference vote” has the meaning given by section 42(1)(a),
“local authority” means—
in relation to England, a county council, a district council or a London borough council, and
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 [1972 c. 70.] Local Government Act 1972,
“overview and scrutiny committee” has the meaning given by section 21(1),
“the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the [1989 c. 42.] Local Government and Housing Act 1989,
“second preference vote” has the meaning given by section 42(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 (disregarding paragraphs 5B to 5I of Schedule 2 to the [1972 c. 70.] Local Government Act 1972) is referred to in Part I of that Schedule 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 (disregarding paragraphs 5B to 5I of Schedule 2 to the [1972 c. 70.] Local Government Act 1972) is referred to in Part I of that Schedule as the deputy mayor.
(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 [1972 c. 70.] Local Government Act 1972 does not apply to the function of the passing of a resolution under any provision made by or under this Part.
(6) Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements.
(7) Any directions given by the Secretary of State under any provision of this Part—
(a) may be varied or revoked by subsequent directions given by him under that provision, and
(b) may make different provision for different cases, local authorities or descriptions of local authority.
Local Government Act 2000