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
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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 36(2) 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.