Casual vacancies in district councils2

1

Section 11 of the 1962 Act5 (election and term of office of members of district councils) is amended as follows.

2

In subsection (4), in the words following paragraph (c), for “occurs” substitute “arises”.

3

In subsection (4A), for paragraphs (a) and (b) substitute “by a person returned or elected in accordance with sections 11D to 11K.”.

4

After that subsection insert—

4AA

Any person returned as mentioned in subsection (4A) shall be deemed for all purposes to have been duly elected as a member of the council.

4AB

The clerk of a district council must as soon as practicable after a casual vacancy arises notify the Chief Electoral Officer—

a

that a casual vacancy has arisen in the council, and

b

of the name of the member of the council whose seat has become vacant (in this Act referred to as the “previous member”).

4AC

The clerk of a district council must, within 7 days from any other matter concerning a casual vacancy coming to the clerk’s knowledge, report it to the Chief Electoral Officer.

5

Omit subsections (4B) and (4C).

6

In subsection (5)—

a

after “deemed” insert “for the purposes of rule 1(3) of the Local Elections Rules6”,

b

in paragraph (a), for “the vacancy exists” substitute “an election must be held to fill the vacancy in accordance with section 11D, 11E, 11F, 11G or 11H”, and

c

omit the words following paragraph (b).

7

In subsection (6)—

a

for “occurring” substitute “arising”, and

b

for “member whom he has succeeded” substitute “previous member”.