Part III General Provisions as to Members of Local Authorities and Proceedings

Resignation and Vacation of Office

C136 Casual vacancies.

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 death, on the date of death;

b

in the case of resignation, the date on which the notice of resignation takes effect;

c

in the case of the election of a person who is not qualified to be elected or who is disqualified for being elected a member of a local authority, or of a member of a local authority ceasing to be qualified to be a member or becoming disqualified for being a member, the date on which the office has been declared vacant by the sheriff principal or the date of the determination of any appeal;

d

in the case of a full number of members of a local authority not being elected at an election, the F1day on which the poll was held at the election;

e

in the case of an election being declared void on an election petition, the date of the decision of the election court;

f

in the case of a vacancy arising from any other cause, not being a vacancy arising in ordinary course, such date as the local authority may determine.