(1)This section applies where the seat of an Assembly member returned for an Assembly constituency is vacant.
(2)Subject to subsection (6), an election shall be held in the Assembly constituency to fill the vacancy.
(3)At the election to fill the vacancy, each person entitled to vote at the election shall have only a constituency vote; and the Assembly member for the Assembly constituency shall be returned under the simple majority system.
(4)The date of the poll at the election shall be fixed by the presiding officer in accordance with subsection (5).
(5)The date fixed shall be not later than three months after the occurrence of the vacancy, except that if the vacancy does not come to the presiding officer’s notice within one month of its occurrence the date fixed shall be not later than three months after the vacancy comes to his notice.
(6)An election shall not be held if it appears to the presiding officer that the latest date which may be fixed for the poll would fall within the period of three months preceding an ordinary election.
(7)A person may not be a candidate in an election to fill a vacancy if he is an Assembly member or a candidate in another such election.
(8)For the purposes of this section a vacancy shall be taken to have occurred on such date as may be determined under the standing orders of the Assembly.
(9)References in this section and section 9 to the presiding officer include references to any person for the time being performing the functions of presiding officer.