Part III S General Provisions as to Members of Local Authorities and Proceedings

Resignation and Vacation of Office S

[F1 37C Power of returning officer to cancel election for casual vacancy S

(1) This section applies where—

(a) a casual vacancy occurs in the office of councillor,

(b) the returning officer fixes a date under section 37, 37A or 37B on which the poll is to be held at the election to fill the casual vacancy, and

(c) the date fixed falls within the period of 6 months before the relevant date.

(2) If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may determine that an election to fill the casual vacancy is not to be held.

(3) Before determining that an election is not to be held under subsection (2), the returning officer must consult—

(a) the Electoral Commission, and

(b) the convener of the Electoral Management Board for Scotland.

(4) As soon as reasonably practicable after determining that an election is not to be held under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—

(a) that an election is not to be held, and

(b) the reasons for the exercise of the power.

(5) Where an election is not held by virtue of the returning officer’s determination under subsection (2), the casual vacancy is to be filled at the next ordinary election.]

Textual Amendments

F1 Ss. 37A-37C inserted (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 34(2), 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1