For the purpose of filling a casual vacancy in any office for which an election is held under [F1the Local Government etc. (Scotland) Act 1994], the date on which the vacancy is to be deemed to have occurred shall be—
(a)in the case of death, on the date of death;
(b)in the case of resignation, the date on which the notice of resignation takes effect;
(c)in the case of the election of a person who is not qualified to be elected or who is disqualified for being elected a member of a local authority, or of a member of a local authority ceasing to be qualified to be a member or becoming disqualified for being a member, the date on which the office has been declared vacant by the sheriff principal [F2or become vacant by operation of section 19(3)(a) (effect of disqualification) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7).] or the date of the determination of any appeal;
(d)in the case of a full number of members of a local authority not being elected at an election, the [F3day on which the poll was held at] the election;
(e)in the case of an election being declared void on an election petition, the date of the decision of the election court;
(f)in the case of a vacancy arising from any other cause, not being a vacancy arising in ordinary course, such date as the local authority may determine.
Textual Amendments
F1Words in s. 36 substituted (1.4.1996) by S.I. 1996/739, art. 7(1), Sch. 1 Pt. I para. 3(2)
F2Words in s. 36(c) inserted (1.5.2003) by 2000 asp 7, ss. 29(2), 37, (with s. 31); S.S.I. 2003/74, art. 2(2)(c)
F3Words in s. 36(d) substituted (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(4)(6)