PART VIIAMENDMENT AND REPEAL OF PROVISIONS RELATING TO DISTRICT COUNCILS
Miscellaneous amendments of other statutory provisions
Filling of casual vacancy on council by co-option or election40
1
Section 11 of the [1962 c. 14 (N.I.)] Electoral Law Act (Northern Ireland)1962 (election and term of office of members of district councils) shall have effect subject to the following provisions of this Article.
2
In subsection (4) for the words “shall be filled in accordance with the Local Election Rules” there shall be substituted the words “shall be filled in accordance with subsection (4A)”
.
3
After subsection (4) there shall be inserted the following subsections—
4A
A casual vacancy to which subsection (4)(c) applies shall be filled by a person elected at an election to fill the vacancy and any other casual vacancy shall be filled—
a
by a person chosen by the council in accordance with subsection (4B); or
b
if no person is chosen as mentioned in paragraph (a), by a person elected at an election to fill the vacancy.
4B
Where a casual vacancy in a district council falls to be filled in accordance with this subsection—
a
a meeting of the council to choose a person to fill the vacancy shall be held not less than 14 days nor more than 42 days after the occurrence of the vacancy;
b
the clerk of the council shall give every member of the council not less than 7 days written notice of the meeting which notice shall state as the first business of the meeting the choice of a person to fill the vacancy;
c
the council may at that meeting choose to fill the vacancy any person who is qualified to be a member of the council and is not objected to by any member of the council present at the meeting; and
d
any person so chosen shall be deemed for all purposes to have been duly elected a member of the council.
4C
Where a meeting of a district council held in accordance with subsection (4B) fails to choose a person to fill a casual vacancy, the clerk of the council shall, within 7 days of the meeting, notify the Chief Electoral Officer—
a
that a casual vacancy has arisen in the council and that a meeting held in accordance with subsection (4B) has failed to choose a person to fill that vacancy;
b
of any other matter concerning the casual vacancy which has come to the knowledge of the clerk of the council.
Para. (4) rep. by 1992 NI 6