PART 7

COMMUNITIES AND COMMUNITY COUNCILS
CHAPTER 3

CO-OPTION OF MEMBERS OF COMMUNITY COUNCILS

Requirement of public notice where vacancies in community council membership are to be filled by co-option
116
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 section 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.
2
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.
S. 116(2) modified (temp.) (4.12.2020) by The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020 (S.I. 2020/1399), regs. 2, 9(1)(3)
Words in s. 116(1)(b) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 14(3)