# Local Democracy, Economic Development and Construction Act 2009, Paragraph 7


(1) If the person who is returned at an election as the mayor for the area of a combined authority is also returned at an election held at the same time as a councillor of a constituent council, a vacancy arises in the office of councillor.
(2) If the person who is returned at an election (“the mayoral election”) as the mayor for the area of a combined authority—
(a) is a councillor of a constituent council, and
(b) was returned as such a councillor at an election held at an earlier time than the mayoral election,
a vacancy arises in the office of councillor.
(3) Subject to sub-paragraph (4), a person who is elected as the mayor for the area of a combined authority may not be a candidate in an election for the return of a councillor or councillors of a constituent council.
(4) A person who is the mayor for the area of a combined authority may be a candidate in an election for the return of a councillor or councillors of a constituent council if the election is held at the same time as an election for the return of the mayor, but sub-paragraph (1) applies if the person is a candidate in both such elections and is returned as the mayor and as a councillor.
(5) In this paragraph, “constituent council” means—
(a) a county council the whole or any part of whose area is within the area of the combined authority, or
(b) a district council whose area is within the area of the combined authority.

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Source: https://www.legislation.gov.uk/ukpga/2009/20/schedule/5B/paragraph/7 (the official version)
Page: https://openlegislation.uk/local-democracy-economic-development-and-construction-act-2009/schedule-5B/paragraph-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

