OpenLegislation

Paragraph 10 Elections for local authority mayors in EnglandI1

England and Wales Not yet in force

After Schedule 1 insert—

“Schedule 1A

Election of elected mayor (England)

section 9HC

Application

1

This Schedule applies where there are three or more candidates to be an elected mayor of a local authority in England.

First preference vote and second preference vote

2

In this Schedule—

  • “first preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s first preference from among the candidates to be the elected mayor;

  • “second preference vote” means a mayoral vote to the extent that it is given so as to indicate a voter’s second preference from among the candidates to be the elected mayor.

Candidate with overall majority of first preference votes

3

If one of the candidates to be the elected mayor receives more than half of all the first preference votes given in the election that candidate is to be returned as the elected mayor.

No candidate with overall majority of first preference votes

4
(1)

If none of the candidates to be the elected mayor receives more than half of all the first preference votes given in the election, the following provisions of this paragraph apply.

(2)

The two candidates who received the greatest number of first preference votes given in the election remain in the contest.

(3)

If, by reason of an equality of first preference votes, three or more candidates are qualified to remain in the contest by virtue of sub-paragraph (2), all of them remain in the contest.

(4)

The other candidates are eliminated from the contest.

(5)

The number of second preference votes given in the election for each of the candidates remaining in the contest by voters who did not give their first preference vote to any of those candidates must be ascertained.

(6)

That number must be added to the number of first preference votes given for that candidate, to give the total number of preference votes for that candidate.

(7)

The person who is to be returned as the elected mayor is that one of the candidates remaining in the contest who has the greatest total number of preference votes.

(8)

If, by reason of an equality of total number of preference votes, two or more candidates remaining in the contest each have the greatest total number of preference votes, the returning officer is to decide by lots which of them is to be returned as the elected mayor.”

Annotations

Commencement

I1

Sch. 30 para. 10 not in force at Royal Assent, see s. 108(6)