PART 7COMMUNITIES AND COMMUNITY COUNCILS

CHAPTER 3CO-OPTION OF MEMBERS OF COMMUNITY COUNCILS

116Requirement of public notice where vacancies in community council membership are to be filled by co-option

1

This section applies to the following functions—

a

the power of members of a community council under section 21(2)(a) of the Representation of the People Act 1985 to co-opt a person to fill a vacancy in the membership of the council (power to co-opt in the event of insufficient nominations to fill vacancies in respect of which an election is held);

b

any power or duty of a community council under rules made under F1section 36A of the Representation of the People Act 1983 to co-opt a person to fill a casual vacancy in the membership of the council.

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A function to which this section applies must not be exercised unless public notice of the vacancy or vacancies in question has been given.

3

The public notice must be given—

a

in the case of the power to co-opt referred to in subsection (1)(a), by any one of the members of the community council authorised for that purpose by a majority of the other members;

b

in the case of the power or duty to co-opt referred to in subsection (1)(b), by the community council.

4

Section 232 of the Local Government Act 1972 (public notices) applies to the giving of a public notice by a member of a community council under subsection (3)(a) as it applies to the giving of a public notice by a community council under subsection (3)(b).

5

The public notice must contain—

a

contact details of an individual from whom further information about the vacancy or vacancies in question, and the process for selecting a person for co-option, may be obtained;

b

such other information as—

i

in the case of a notice under subsection (3)(a), the members of the community council consider appropriate, and

ii

in the case of a notice under subsection (3)(b), the community council considers appropriate, and

c

such other information as is required to be included in the notice by any regulations made by the Welsh Ministers.