Local Government Act 1972

12 (1) No election of councillors of an existing county, borough (other than a London borough or a borough included in a rural district) or urban or rural district other than a rural district which is co-extensive with a parish shall be held after the end of the year 1972, except an election to fill a casual vacancy in an office where before the end of that year the office has been declared to be vacant or notice of the vacancy has been given under section 67(1) of the 1933 Act; and any such councillor holding office immediately before the end of that year or elected after the end of that year to fill a casual vacancy occurring before the end of that year shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 1st April 1974.

(2) Subject to sub-paragraph (3) below any ordinary election of parish councillors due (apart from this Act) to take place in May 1973 shall take place on the same day as the ordinary election in that year of councillors for the district in which the parish is situated; and any such councillor who (apart from this Act) would ordinarily have retired on 20th May 1973 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until the fourth day after the day on which the election of parish councillors takes place in pursuance of this sub-paragraph.

(3) No election of parish councillors shall be held after the end of the year 1972 for any existing parish mentioned in paragraph 1 of Part IV of Schedule 1 to this Act.

(4) Subject to sub-paragraph (6) below, any parish councillor elected at the ordinary election of parish councillors in 1973 shall come into office on the fourth day after the day of election and shall (unless he resigns his office or it otherwise becomes vacant) retire on the fourth day after the ordinary day of election of parish councillors in 1976.

(5) Any parish councillor—

(a) for an existing parish mentioned in paragraph 1 of Part IV of Schedule 1 to this Act; or

(b) for a parish to which part of any parish is added by paragraph 2 of the said Part IV;

who holds office immediately before the end of 1972 or is appointed after the end of that year to fill a casual vacancy occurring before the end of that year shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until 1st April 1974.

(6) Any parish councillor elected in 1973 for a parish mentioned in sub-paragraph (5)(b) above shall not act in his office before 1st April 1974 except for the purpose of taking any action with a view to enabling the new parish council to exercise their functions on and after that date.

(7) No election of parish councillors shall be held in 1974 or 1975, and any parish councillor who (apart from this Act) would ordinarily have retired in 1974 or 1975 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until the fourth day after the ordinary day of election of parish councillors in 1976.

(8) Any ordinary election of councillors of a borough included in a rural district or of a rural district which is co-extensive with a parish due (apart from this Act) to take place in May 1973 shall take place on the same day as the ordinary election in that year of councillors for the new district in which the borough or rural district is situated; and any councillor of any such borough or rural district who (apart from this Act) would ordinarily have retired on 20th May 1973 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until the fourth day after the day on which the election of councillors takes place in pursuance of this sub-paragraph.

(9) The council of a borough included in a rural district shall, as from the date when the persons elected councillors of the borough in pursuance of sub-paragraph (8) above come into office, also be the council of the corresponding parish, and—

(a) the persons so elected shall also hold office as councillors of the corresponding parish and, in the case of a borough divided into wards, be deemed also to have been elected for the corresponding wards of the parish;

(b) the person who in 1973 is elected as mayor of the borough shall also hold office as chairman of the parish council until his successor becomes entitled to act as chairman; and

(c) the person who in 1973 is appointed deputy mayor of the borough shall also hold office as vice-chairman of the parish council until the abolition of the borough.

(10) Without prejudice to the continued operation, until its repeal by this Act, of section 43(3) of the 1933 Act (council of a rural district which is co-extensive with a parish to have the functions of, and to be deemed to be, the parish council) the council of a rural district which is co-extensive with a parish shall, as from the date when the persons elected councillors of the rural district in pursuance of sub-paragraph (8) above come into office, also be the council of the parish, and—

(a) the persons so elected shall also hold office as councillors of the parish and, in the case of a rural district divided into wards, be deemed also to have been elected for the corresponding wards of the parish;

(b) the person who in 1973 is elected as chairman of the rural district council shall also hold office as chairman of the parish council until his successor becomes entitled to act as chairman; and

(c) the person who in 1973 is appointed vice-chairman of the rural district council shall also hold office as vice-chairman of the parish council until the abolition of the rural district council.

(11) Any person elected councillor as mentioned in sub-paragraph (9) or sub-paragraph (10) above shall come into office on the fourth day after the day of election and shall (unless he resigns his office or it otherwise becomes vacant) retire on the fourth day after the ordinary day of election of parish councillors in 1976.

(12) As respects an existing county or borough (other than a London borough)—

(a) no ordinary election of aldermen shall be held after the passing of this Act;

(b) any alderman whose term of office would apart from this Act have expired between the passing of this Act and 1st April 1974 shall (unless he resigns his office or it otherwise becomes vacant) continue to hold office until that day; and

(c) any casual vacancy in the office of alderman occurring before 1st April 1974 shall not be filled unless the county or borough council resolve that it should be filled.

(13) It shall not be necessary to fill any casual vacancy occurring during March 1974 in the office of—

(a) chairman or vice-chairman of the council of an existing county or urban or rural district other than chairman of a rural district which is co-extensive with a parish; or

(b) mayor of an existing borough (other than a London borough or a borough included in a rural district).

(14) The foregoing provisions of this paragraph shall have effect subject to the provisions of paragraphs 13 and 14 below.