{
  "url": "https://openlegislation.uk/st-helena-ascension-and-tristan-da-cunha-constitution-order-2009/schedule/paragraph-78",
  "json_url": "https://openlegislation.uk/st-helena-ascension-and-tristan-da-cunha-constitution-order-2009/schedule/paragraph-78.json",
  "legislation": "uksi/2009/1751",
  "legislation_title": "The St Helena, Ascension and Tristan da Cunha Constitution Order 2009",
  "legislation_url": "https://openlegislation.uk/st-helena-ascension-and-tristan-da-cunha-constitution-order-2009",
  "path": "schedule/paragraph/78",
  "kind": "paragraph",
  "number": "78",
  "heading": "General elections and bye-elections",
  "text": "(1) There shall be a general election of the Elected Members of the Legislative Council at such time, being not less than six weeks nor more than three months after the date of every dissolution of the Council, as the Governor appoints—\n(a) acting in accordance with the advice of the Chief Minister; or\n(b) acting in his or her discretion, if the office of Chief Minister is vacant or the Chief Minister gives no such advice within seven days after the date of the dissolution.\n(2) Subject to subsection (3), whenever any Elected Member vacates his or her seat as a Member of the Legislative Council for any reason other than a dissolution thereof, an election to fill the vacancy shall be held at such time, being not less than six weeks nor more than three months after the date of the vacancy, as the Governor appoints—\n(a) acting in accordance with the advice of the Chief Minister; or\n(b) acting in his or her discretion, if the office of Chief Minister is vacant or the Chief Minister gives no such advice within seven days after the date of the vacancy.\n(3) An election to fill a vacancy shall not be held under subsection (2) if the Legislative Council is sooner dissolved or the date on which the Council must be dissolved under section 76(1)(b) is less than four months after the date of the vacancy.\n(4) For the purposes of this section, the date of a vacancy in the seat of an Elected Member is the date on which the vacancy occurred, or, if the existence of a vacancy is determined by the Supreme Court under section 52, the date of that determination.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. s. 78(1)(2) substituted (coming into force in accordance with art. 1(3) of the amending S.I.) by The St Helena, Ascension and Tristan da Cunha Constitution (Amendment) Order 2021 (S.I. 2021/895), art. 2(28)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. s. 78(3) substituted (coming into force in accordance with art. 1(3) of the amending S.I.) by The St Helena, Ascension and Tristan da Cunha Constitution (Amendment) Order 2021 (S.I. 2021/895), art. 2(28)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/1751/schedule/paragraph/78",
    "retrieved_at": "2026-10-29T03:09:37.810912+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}