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Part VE+W General Provisions as to Members and Proceedings of Local Authorities

Modifications etc. (not altering text)

C3Pt. 5 (ss. 79-100) applied (12.4.1994) by S.I. 1994/867, reg. 11(6)

Pt. 5 (ss. 79-100) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

Acceptance, resignation and vacation of office, and casual vacanciesE+W

87 Date of casual vacancies.E+W

(1)For the purpose of filling a casual vacancy in any office for which an election is held under this Act, the date on which the vacancy is to be deemed to have occurred shall be—

(a)in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;

(b)in the case of resignation, upon the receipt of the notice of resignation by the person or body to whom the notice is required to be delivered;

(c)in the case of death, on the date of death;

(d)in the case of a disqualification [F1by virtue of a] conviction, on the expiration of the ordinary period allowed for making an appeal or application with respect to the F2... conviction or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;

[F3(da)in the case of disqualification of a member of a local authority in Wales under paragraph (c) of section 80A(1), on the date on which the person becomes disqualified under that paragraph;]

(e)in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;

[F4(ee)in the case of a disqualification under section F5... 79 of the Local Government Act 2000 [F6or section 34 of the Localism Act 2011 or], on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant decision [F7or order ] under that section or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;]

(f)in the case of a person ceasing to be qualified to be a member of a local authority, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to [F8(ee)] above, or ceasing to be a member of a local authority by reason of failure to attend meetings, on the date on which his office is declared to have been vacated either by the High Court or by the local authority, as the case may be; and

F9(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Public notice of a casual vacancy in any such office as is referred to in subsection (1) above shall be given by the local authority in which the office exists; and the steps required to be taken to give public notice in accordance with section 232 below shall be taken—

(a)in a case where the local authority declare the office to be vacant, immediately after the declaration; and

(b)in any other case, as soon as practicable after the date on which, by virtue of subsection (1) above, the vacancy is deemed to have occurred.

F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4S. 87(1)(ee) inserted (E.) (19.12.2000) and (W.) (19.12.2000 with application in relation to police authorities in Wales otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 11(a); S.I. 2000/3335, art. 2

F5Words in s. 87(1)(ee) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F6Words in s. 87(1)(ee) inserted (1.7.2012) by Localism Act 2011 (c. 20), ss. 34(11)(a), 240(2); S.I. 2012/1463, art. 5(c) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F7Words in s. 87(1)(ee) inserted (1.7.2012) by Localism Act 2011 (c. 20), ss. 34(11)(b), 240(2); S.I. 2012/1463, art. 5(c) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F8Words in s. 87(1)(f) substituted (E.) (19.12.2000) and (W.) (19.12.2000 with application in relation to police authorities in Wales otherwise 28.7.2001) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 11(b); S.I. 2000/3335, art. 2

F9S. 87(1)(g) repealed by S.I. 1977/1710, art. 3(c)

Modifications etc. (not altering text)

C12S. 87: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1