Local Government (Scotland) Act 1973

36 Casual vacancies. S

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 [F1 day 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.

Textual Amendments

F1 Words in s. 36(d) substituted (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(4)(6)

Modifications etc. (not altering text)

C1 S. 36 applied (temp.) by S.I. 1994/3255, art. 3, Sch. I para. 1