This guidance note has been put together to help parish/town
councils follow the correct procedures when a casual or other
vacancy arises.
Vacancies arise on a parish or town council for a number of
reasons but the filling of the vacancy is dealt with in one of two
ways.
*A Casual Vacancy arises if a Councillor fails to make and
deliver a Declaration of Acceptance of Office, becomes disqualified
(because of, for example, bankruptcy or failure to attend
meetings), resigns or dies. This vacancy is dealt with by holding a
by-election. If a by-election is not called in accordance with the
rules then by co-option.
*A Vacancy at an ordinary Election may arise if the number of
candidates nominated for election are too few to warrant an
election or to fill all the vacant seats. This vacancy is dealt
with by co-option.
Casual Vacancy
Once a vacancy arises, the Clerk must contact the Returning
Officer immediately to obtain a Notice of Casual Vacancy
for a Parish/Town Councillor. Copies of this Notice are then
displayed around the parish. This Notice states that a
by-election to fill the vacancy will be held, if within 14 days
(NOT COUNTING Christmas Eve, Christmas Day, Good Friday, Bank
Holidays, any day appointed for public thanksgiving, Saturdays and
Sundays) from the date of the Notice, ten electors for the ward or
parish give Notice in writing requesting an election to the
Returning Officer. The Notice should also state that if no request
is made to the Returning Officer, the Parish/Town Council will fill
the vacancy by co-option.
Details of when the Notice was displayed must be sent
immediately to the Returning Officer as he will be responsible for
calculating the date of any by-election if one becomes necessary.
If the required 10 requests for a poll are received in the
specified time by the Returning Officer, a by-election will be held
within 60 days of the date when the Notice of Vacancy was first
published. Fourteen days after the date of the Notice of Vacancy,
the Clerk should telephone the Returning Officer to see if a poll
has been claimed by any ten electors.
If insufficient requests are received within 14 days, then the
Parish/Town Council must co-opt as soon as practicable after the
expiry of the 14 days. Where a vacancy occurs within six months
before the day on which a councillor would have retired at the next
four yearly election, parish/town councils may co-opt to fill the
vacancy; most parish/town councils do. There is no need to
advertise the vacancy. The point is that during that final six
month period there will be no formal election to fill any
vacancies.
Vacancy at an Election
A vacancy at an election may arise if the number of candidates
nominated for election are too few to warrant an election or to
fill all the vacant seats. This vacancy is dealt with by
co-option.
If sufficient candidates have been nominated to form a quorum
(normally three councillors in the smallest parish councils or
one-third of the total number of councillors), they will co-opt
councillors to fill the vacant seats. Vacancies must be filled
within 35 days (not counting Christmas Eve, Christmas
Day, Good Friday, bank holidays, any day appointed for
thanksgiving, Saturdays and Sundays) from the date of the
election.