Section 11 Election and term of office of members of district councils.F15

Northern Ireland

F1(1)

A local election year as respects any district council is 2014 and 2019 and every fourth year thereafter.

(1A)

The election day as respects any district council is—

(a)

in the year 2014, 22nd May;

(F2aa)

in the year 2023, 18th May;

(b)

in any other local election year, the first Thursday in May.

(2)

The members of a district council—

(a)

shall be elected in every local election year;

(b)

shall come into office on the F3fourth day after the election day;

C1(c)

shall retire together on the fourth day after the election day in the next succeeding local election year.

(3)

F4If the poll at an election in any district electoral area is countermanded or abandoned by reason of a candidate's death, the provisions of subsection (2) relating to the retirement of members shall have effect as if the election had not been countermanded or the poll adjourned but had been proceeded with and completed.

(4)

A vacancy (in this Act referred to as a casual vacancy) caused in a district council—

(a)

by the death or resignation or disqualification (whether by virtue of this Act or otherwise) of a member; or

(b)

by the non-acceptance of office by a person elected or declared to have been elected a member or by his office becoming vacant under section 7(2) of the Local Government Act (Northern Ireland) 1972 1972 c.9 or being declared vacant under section 10 of that Act by reason of his failure to attend meetings of the council; or

(c)

by the determination by an election court that a person's election as a member was void, where no other person is declared elected in his stead;

shall, if it F5arises in any local election year on or after the first day of January and before or on election day, be deemed to have been caused by the expiry of the normal term of office and accordingly shall be filled on the election day in that year and in any other case F6shall be filled in accordance with subsection (4A).

(4A)

A casual vacancy to which subsection (4)(c) applies shall be filled by a person elected at an election to fill the vacancy and any other casual vacancy shall be filled F7by a person returned or elected in accordance with sections 11D to 11K.

(F84AA)

Any person returned as mentioned in subsection (4A) shall be deemed for all purposes to have been duly elected as a member of the council.

(4AB)

The clerk of a district council must as soon as practicable after a casual vacancy arises notify the Chief Electoral Officer—

(a)

that a casual vacancy has arisen in the council, and

(b)

of the name of the member of the council whose seat has become vacant (in this Act referred to as the “previous member”).

(4AC)

The clerk of a district council must, within 7 days from any other matter concerning a casual vacancy coming to the clerk's knowledge, report it to the Chief Electoral Officer.

F9(4B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4C)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

A casual vacancy shall be deemed F10for the purposes of rule 1(3) of the Local Elections Rules to have occurred—

(a)

if it is a vacancy to which sub-section (4) (a) or (b) applies, when and so soon as the Chief Electoral Officer is satisfied that F11an election must be held to fill the vacancy in accordance with section 11D, 11E, 11F, 11G or 11H; or

(b)

if it is a vacancy to which sub-section (4) (c) applies, on the date of the determination.

F12. . .

(6)

A person elected to fill a casual vacancy F13arising in a district council shall hold office for the remainder of the term of the F14previous member.

(7)

Nothing in this section shall affect the right under any enactment relating to local government of the chairman or vice chairman of a local authority to continue in office until his successor becomes entitled to act.]

Subs.(8) rep. by SLR 1980

Annotations

Textual amendments

F1: S. 11(1)(1A) substituted (12.12.2013) by The Local Elections (Northern Ireland) Order 2013 (S.I. 2013/3156), arts. 1(1), 3(2)
F2: S. 11(1A)(aa) inserted (9.3.2023) by The Postponement of Local Elections (Northern Ireland) Order 2023 (S.I. 2023/290), arts. 1(2), 2(2)
F3: 1992 NI 6
F4: SI 1985/454
F5: Word in s. 11(4) substituted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 2(2)
F6: 1985 NI 15
F7: Words in s. 11(4A) substituted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 2(3)
F8: S. 11(4AA)(4AB)(4AC) inserted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 2(4)
F9: S. 11(4B)(4C) omitted (1.4.2010) by virtue of Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 2(5)
F10: Words in s. 11(5) inserted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 2(6)(a)
F11: Words in s. 11(5)(a) substituted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 2(6)(b)
F12: Words in s. 11(5) omitted (1.4.2010) by virtue of Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 2(6)(c)
F13: Word in s. 11(6) substituted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 2(7)(a)
F14: Words in s. 11(6) substituted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 2(7)(b)
F15: 1972 NI 13

Modifications

C1: S. 11(2)(c) excluded (2.6.2014 for specified purposes) by Local Government Act (Northern Ireland) 2014 (c. 8), s. 129, Sch. 1 para. 13(1)(b) (with s. 124(4)); S.R. 2014/153, art. 3, Sch. 2

Notes on the whole Act

Textual amendments

F1: Refs. to registration officer, returning officer or electoral officer are to be construed as refs. to Chief Electoral Officer, 1972 NI 13