Local Councils Act

L.N. 213 of 2012

LOCAL COUNCILS ACT

(CAP. 363)

Local Councils Act

(Substitution of Seventh Schedule) Regulations, 2012

IN exercise of the powers conferred by article 72 of the Local

Councils Act, the Prim Minister has made the following regulations:-

The title of these regulations is the Local Councils Act

(Substitution of Seventh Schedule) Regulations, 2012, and these

regulations shall be read and construed as one with the Seventh

Schedule to the Local Councils Act, hereinafter referred to as "the

Seventh Schedule".

The Seventh Schedule to the principal Act shall be

substituted by the following new Schedule

"SEVENTH SCHEDULE

[Article 4, 25]

Part I

Election of Mayor and Deputy Mayor

Voting Procedure

The Executive Secretary shall cause the name of the elected

Mayor and of the Deputy Mayor to be published in the Gazette

together with the date of the election and in the case that the Mayor or

the Deputy Mayor has not been elected, the name of the councillor

who assumed the functions of Mayor or Deputy Mayor, as the case

may be, and the date of assuming the office.

Part II

Election of Mayor and Deputy Mayor where no political party obtains

an absolute majority of seats

1. At the meeting at which the Major and, or Deputy Major

is, are to be elected, councillors shall forthwith proceed with the

election procedure in accordance with the Standing Orders and the

following provisions.

2. The councillors shall elect the Mayor and the Deputy

Mayor by separate open ballots.

Each councillor may nominate any other councillor as

Mayor or Deputy Mayor and in the event of two or more nominations

for the same post, voting will be taken in alphabetical order of

surnames and, if two or more candidates have identical surnames and

names the order of precedence will be determined by lot.

A councillor will vote by stating in an audible voice "Yes",

"No" or "Abstain" for each candidate in the said order. A refusal to

express a preference (by any councillor present at the meeting) shall

be counted as an abstention. The Executive Secretary shall record the

vote expressed by each councillor.

The first candidate to obtain a simple majority of the votes

cast by the councillors shall be elected. If no candidate is so elected

the voting shall be repeated for five other times in the same sitting.

If, for any reason whatsoever, the Council is unable to

select a Mayor or Deputy Mayor after having taken six consecutive

votes in the same sitting, the meeting will be adjourned to the same

day, time and place of the following week and the procedures set out

in regulations 1 to 5 of this Schedule shall be repeated; provided that

if after a further six consecutive votes have been taken, the Council is

still unable to elect the Mayor or Deputy Mayor, the councillor who,

at the last local elections for that locality, obtained the highest number

of votes in the first count from among the councillors belonging to the

political party which obtained the highest number of votes in the first

count at the last local elections for that locality, (or if he refuses the

person with the second highest number of votes and so on), will

assume the functions of Mayor or Deputy Mayor, as the case may be;

and if the said councillors all refuse to assume the functions of Mayor

or Deputy Mayor, as the case may be, according to this procedure, the

councillor most senior in age (or if he refuses, the person next senior

in age and so on) will assume the functions of Mayor or Deputy

Mayor, as the case may be, for a period of three months.

The preceding voting procedures shall be repeated after

the lapse of the three months and, if necessary, after each subsequent

three monthly term, until such time as the Mayor or Deputy Mayor is

elected in accordance with the procedures set out in this Schedule.

The Executive Secretary shall cause the name of the

elected Mayor and of the Deputy Mayor to be published in the

Gazette together with the date of the election and, in the case where

the Mayor or the Deputy Mayor has not been elected, the name of the

councillor who assumed the functions of Mayor or Deputy Mayor, as

the case may be, and the date of assuming the office.".

B

B

€0.36