Section 11E Members for registered parties: filling casual vacanciesF1

(1)

This section applies if—

(a)

a casual vacancy arises in the seat of a member of a district council, and

(b)

the Chief Electoral Officer determines the previous member stood in the name of a registered party when elected.

(2)

As soon as practicable after receiving the notice of the vacancy the Chief Electoral Officer must ask the nominating officer of that registered party to nominate in writing, within 28 days from the date of the Chief Electoral Officer's request, a person (“P”) to fill the vacancy.

(3)

The nomination must be made and signed by the nominating officer of the registered party and must specify a person who—

(a)

is qualified to be returned to fill the vacant seat, and

(b)

has made and served on the clerk of the council a declaration in the form set out in Part 2 of Schedule 2 to the Elected Authorities (Northern Ireland) Act 1989.

(4)

The nomination must be accompanied by a declaration that is signed and dated by P and that—

(a)

states P's date of birth,

(b)

gives P's consent to being returned to fill the vacant seat in the name of the registered party,

(c)

declares that to the best of P's knowledge and belief P is qualified to be returned to fill the vacant seat, and

(d)

declares that P has made and served on the clerk of the council a declaration in the form set out in Part 2 of Schedule 2 to the Elected Authorities (Northern Ireland) Act 1989.

(5)

If the nominating officer responds to the Chief Electoral Officer's request in accordance with subsections (2) to (4), the Chief Electoral Officer must—

(a)

declare P to be returned to fill the vacant seat, and

(b)

notify P's name to the clerk of the council.

(6)

But the Chief Electoral Officer may not declare P to be returned to fill the vacant seat unless the clerk of the council has confirmed to the Chief Electoral Officer that a declaration by P in the form set out in Part 2 of Schedule 2 to the Elected Authorities (Northern Ireland) Act 1989 has been received by the clerk.

(7)

An election must be held to fill the vacancy if the nominating officer does not respond to the Chief Electoral Officer's request in accordance with subsections (2) to (4).

(8)

This section is subject to sections 11G (parties no longer registered) and 11K (unfilled vacancies in a local election year).

Annotations

Textual amendments

F1: Ss. 11A-11H, 11J, 11K inserted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 3

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