Electoral Law Act (Northern Ireland) 1962

11F1Election and term of office of members of district councils.N.I.

(1)[F2The year 2011] and every fourth year thereafter shall be a local election year and in each local election year the election day as respects any district council shall be the day on which the poll is or would have been taken in any contested election for that council not being an election to fill a casual vacancy.

[F3(1A)The election day referred to in subsection (1) is the[F4 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[F5 fourth day after] the election day;

(c)shall retire together on the[F5 fourth day after] the election day in the next succeeding local election year.

(3)[F3If 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 [F6arises] 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[F7 shall be filled in accordance with subsection (4A)].

[F7(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 [F8 by a person returned or elected in accordance with sections 11D to 11K.]

[F9(4AA)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.]

(4B)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4C)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F5(5)A casual vacancy shall be deemed [F11 for 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 [F12an 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.

F13. . . ]

(6)A person elected to fill a casual vacancy [F14arising] in a district council shall hold office for the remainder of the term of the [F15previous 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

F2Words in s. 11(1) substituted (12.2.2009) by Postponement of Local Elections (Northern Ireland) Order 2009 (S.I. 2009/225), arts. 1(1), 2(2) (with transitional provisions in art. 3)

F3SI 1985/454

F4SI 2005/862

Modifications etc. (not altering text)