Local Electoral Act 2001

Filling of extraordinary vacancies

117 Extraordinary vacancy in local authority or local board or community board

(1)

If a vacancy occurs in the office of a member of a local authority or in the office of an elected member of a local board or community board more than 12 months before the next triennial general election, the vacancy must be filled by an election under this Act.

(2)

If a vacancy occurs in the office of a member of a local authority or in the office of an elected member of a local board or community board 12 months or less than 12 months before the next triennial general election, the chief executive of the local authority concerned must notify the local authority or local board or community board of the vacancy immediately.

(3)

On receiving notice under subsection (2), the local authority or local board or community board must, at its next meeting (other than an extraordinary meeting) or, if that is not practicable, at its next subsequent meeting (other than an extraordinary meeting), determine by resolution—

(a)

that the vacancy will be filled by the appointment by the local authority or local board or community board of a person named in the resolution who is qualified to be elected as a member; or

(b)

that the vacancy is not to be filled.

(4)

If for any reason the person specified in the resolution is unavailable, or otherwise unable to be notified of the appointment, a further vacancy occurs in that office.

(5)

Despite subsection (3), if the vacancy is for the office of mayor, the vacancy must not be left unfilled but must be filled by appointment of one of the other members of the local authority as mayor.

(6)

If any member is appointed or elected to fill a vacancy in the office of mayor,—

(a)

the person is to be treated as having vacated the office of a member; and

(b)

the vacancy in the office of a member is an extraordinary vacancy and this section and sections 118 to 120 apply.

Section 117 heading: amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 117(1): amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 117(2): amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 117(2): amended, on 25 December 2002, by section 38 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 117(3): amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 117(3): amended, on 7 July 2004, by section 15 of the Local Electoral Amendment Act 2004 (2004 No 62).

Section 117(3)(a): amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).