Local Government (Scotland) Act 1947

34 Filling of casual vacancies in case of provost, bailie, or honorary treasurer.

(1) A casual vacancy in the office of provost or bailie or honorary treasurer of a burgh, whether caused by death or resignation from the office or by the holder of the office ceasing to be a town councillor or otherwise shall be filled as soon as practicable by the town council at a meeting of the council of which notice specifying that the filling of the vacancy is to be considered has been given to each town councillor not less than five days before the date of the meeting:

Provided that—

(a) if a casual vacancy in any of the said offices arises in consequence of the holder of the office being appointed to another office, the council may fill the vacancy in the office vacated at the meeting at which the holder is appointed to the other office;

(b) if a casual vacancy in the office of bailie arises at any time within the four months preceding the day of the next annual election of town councillors, the town council may determine not to fill the vacancy until after that election.

(2) A person elected to fill a casual vacancy under this section shall hold office only until the day of the next annual election of town councillors except where the casual vacancy is filled at the meeting of the council held on the first Friday after the day of the annual election of town councillors or at any adjournment thereof.