The Local Elections (Communities) (Wales) Rules 2021

Filling of casual vacancies E+W

5.—(1) This rule applies where public notice of a casual vacancy in the office of community councillor is given in accordance with section 87(2) of the Local Government Act 1972.

(2) A request for an election to fill the vacancy may be made before the end of the period of 14 days beginning the day after public notice of the vacancy is given.

(3) Any such request must be made by ten electors to the proper officer of the council of the county or county borough in which the community is situated.

(4) The request may be made by—

(a) the ten electors providing the proper officer with one document containing the request, signed by each of them, or

(b) each of the ten electors providing the proper officer with a document containing the request and signed by that elector .

(5) Where a request is made, an election to fill the casual vacancy must be held unless the vacancy occurred during the councillor’s final six months (as to which see paragraph (12)).

(6) Where an election is required, it must be held on a day appointed by the returning officer, which must be before the end of the period of 60 days beginning with the day on which public notice of the vacancy is given.

(7) Where an election is not required—

(a) if the vacancy occurred during the councillor’s final six months, the community council may co-opt a person to fill the vacancy;

(b) otherwise, the community council must co-opt a person to fill the vacancy.

(8) Where the community council decides or is required to co-opt a person, this must be done as soon as practicable after the end of the period of 14 days beginning the day after public notice of the vacancy is given.

(9) Where a vacancy is not filled by an election or by co-opting a person, it must be filled at the next ordinary election of councillors for the community.

(10) In paragraph (3), “elector” means a person who, on the day on which the request is made, is registered in the register of local government electors for the electoral area in which the vacancy has occurred, other than a person who is not of voting age on that day or who has an anonymous entry.

(11) In calculating the period of 14 days mentioned in paragraphs (2) and (8), and the period of 60 days mentioned in paragraph (6), any day that is an excluded day is to be disregarded.

(12) References in this rule to a councillor’s final six months are to the period of six months ending with the expected day of the next ordinary election of councillors for the community.

Commencement Information

I1 Rule 5 in force at 17.12.2021, see rule 1