Local Government Act 1972

Section 8.

SCHEDULE 2E+W Constitution and Membership of Greater London Council and London Borough Councils

Part IE+W

ConstitutionE+W

1F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(2)For every London borough there shall be a council consisting of the mayor and councillors and the council shall exercise all such functions as are vested in the municipal corporation of the borough or in the council of the borough by this Act or otherwise.

Chairman and mayorE+W

2(1)The F2. . . mayor of a London borough shall be elected annually by the council from among the councillors.E+W

(2)The F2. . . mayor shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as F2. . . mayor.

(3)During his term of office the F2. . . mayor shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.

(4)F2. . . a London borough council may pay the mayor, such allowance as the council think reasonable for the purpose of enabling the F2. . . mayor to meet the expenses of his office.

(5)The mayor of a London Borough shall have precedence in the borough, but not so as prejudicially to affect Her Majesty’s royal prerogative.

Election of chairman and mayorE+W

3(1)The election of the F3. . . mayor shall be the first business transacted at the annual meeting of F3. . . a London borough council.E+W

(2)If, apart from paragraph 2(3) above F3. . ., the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with sub-paragraph (3) below.

(3)In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

F44E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of mayor of London borough to appoint deputyE+W

5(1)The mayor of a London borough may appoint a councillor of the borough to be deputy mayor, and the person so appointed shall, unless he resigns or becomes disqualified, hold office until a newly elected mayor becomes entitled to act as mayor (whether or not he continues until that time to be a councillor).E+W

(2)The appointment of a deputy mayor shall be signified to the council in writing and be recorded in the minutes of the council.

(3)The deputy mayor may, if for any reason the mayor is unable to act or the office of mayor is vacant, discharge all functions which the mayor as such might discharge, except that he shall not take the chair at a meeting of the council unless specially appointed by the meeting to do so under paragraph 5 of Schedule 12 below.

(4)A London borough council may pay the deputy mayor such allowance as the council think reasonable for the purpose of enabling him to meet the expenses of his office.

[F5 Modifications of preceding provisionsE+W

F65AE+WWhere a London borough council are operating executive arrangements which involve a leader and cabinet executive—

(a)paragraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

“(1A)A member of the executive of a London borough council may not be elected as the mayor of the borough.”

(b)paragraph 5 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

“(1A)A member of the executive of a London borough council may not be appointed as the deputy mayor.”

F75BE+WWhere a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, the preceding provisions of this Schedule shall have effect with the modifications specified in paragraphs 5C to 5I below.

[F8F95C(1)The council shall consist of an elected mayor, a chairman and councillors.E+W

(2)A reference in this Act to a member of the council is a reference to—

(a)the chairman of the council,

(b)a councillor of the council, or

(c)the elected mayor of the council.]

F105DE+WParagraphs 2(1) and 2(5) above shall have effect as if for the expression “mayor of a London borough” there were substituted “chairman of a London borough council”.

F115EE+WParagraph 2 above shall have effect as if the following sub-paragraph were inserted after sub-paragraph (1)—

(1A)A member of the executive of a London borough council may not be elected as the chairman of the council.

F125FE+WParagraphs 2(2) to (4) and 3 above shall have effect as if for any reference to “mayor” there were substituted “chairman”.

F135GE+WParagraph 2(5) above shall have effect as if it provided for the elected mayor to have precedence in the borough, but this paragraph shall not apply if the executive arrangements provide for it not to apply.

F145HE+WParagraph 5 above shall have effect as if for sub-paragraphs (1) to (3) there were substituted—

(1)A London borough council shall appoint a member of the council to be vice-chairman of the council.

(1A)A member of the executive of a London borough council may not be appointed as the vice-chairman of the council.

(2)The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Schedule relating to the retirement of councillors.

(3)Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.”

F155IE+WParagraphs 5(4) above shall have effect as if for the expression “ deputy mayor” there were substituted “vice-chairman”.]

Term of office and retirement of councillorsE+W

6(1)F16. . . London borough councillors shall be elected by the local government electors for F16. . . the borough, F16. . ., in accordance with this Act and Part I of the [F17Representation of the People Act 1983].E+W

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The ordinary election of London borough councillors shall take place in 1974 and [F19every fourth year] thereafter, their term of office shall be [F19four years] and they shall retire together in every [F19such fourth year] on the fourth day after the ordinary day of election of such councillors, and the newly elected councillors shall come into office on the day on which their predecessors retire.

F20(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electoral divisions and wardsE+W

7(1)Subject to the following provisions of this paragraph, for the purposes of the election of councillors—E+W

F21(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)every London borough shall be divided into wards, each returning such number of councillors as is specified in any order made under [F22Part II of the Local Government Act 1992][F23or Part 1 of the Local Government and Public Involvement in Health Act 2007][F24or section 59 of the Local Democracy, Economic Development and Construction Act 2009];

and there shall be a separate election for each F21. . . ward.

(2)Until provision is made as mentioned in sub-paragraph (1)(b) above by an [F25order referred to in sub-paragraph (1)(b) above] , the number of councillors for each ward in a London borough shall be such as is specified in the provision of the charter for the borough or, as the case may be, of an order under Part III of Schedule 1 to the 1963 Act amending that charter, which is in force on the coming into operation of Part IV of this Act.

F26(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F278E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIE+W

F289–14E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .