Guidance Notes on Filling a Vacancy for a Councillor on a Parish or Town Council

This guidance note has been put together to help parish 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 bye-election or co-option.

*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.

Casual Vacancy
Once a vacancy arises, the Clerk must immediately put up a Notice of Casual Vacancy for a Parish/Town Councillor around the parish. This Notice states that a bye-election to fill the vacancy will be held, if within 14 days (NOT COUNTING Christmas Eve, Christmas Day, Maundy Thursday, 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 claiming an election to the Returning Officer. The Notice should also state that if no claim is made to the Returning Officer, the Parish Council will fill the vacancy by co-option.

A copy of the Vacancy for a Councillor Notice must be sent to the Returning Officer of your local District/Borough Council as s/he will be responsible for calculating the date of any bye-election if one becomes necessary. If the required 10 requests for a poll are received in the specified time by the Returning Officer, a bye-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 Council must co-opt as soon as possible after the expiry of the 14 days and within 46 days after its expiry. To do this, a Council meeting must be held within the period and an item 'To fill a casual vacancy on the Council' must appear on the Agenda. Remember that where a vacancy occurs within six months before the day on which a councillor would have retired at the next four yearly election, parish councils may co-opt to fill the vacancy; most parish 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, Maundy Thursday, Good Friday, bank holidays, any day appointed for thanksgiving, Saturdays and Sundays) from the date of the election.

Co-operation Procedure at Council Meetings
Only parish/town councillors present at the meeting may nominate, second or vote upon a person to fill the vacancy. At this meeting, members should be informed of the names and addresses of anyone wishing to be considered as a councillor. Councillors present at the meeting must then decide if they wish to nominate any of the persons named at the meeting or any other person known to them. A councillor does not have to nominate any of the persons named. Any councillor may nominate someone for the vacancy and, provided the nomination is seconded, that name may be voted upon.

Voting for the new councillor is by a show of hands unless the Council has adopted Standing Orders which allow any other form of voting in Council. If there is only one vacancy, a councillor may only nominate or second one candidate. The Chairman should place the names of those properly nominated into alphabetical order and take a vote. Councillors have only one vote each. The first candidate to receive an absolute majority of those present and voting is declared elected. Should no single candidate receive a majority on the first vote, the person with the lowest number of votes is eliminated, voting takes place on the remainder, one vote per councillor. This continues until one person receives an absolute majority.

If there is more than one vacancy, a councillor may nominate one person for each seat. Each councillor has one vote per seat, i.e. two votes or three votes according to the number of vacancies.

The successful candidate is then declared co-opted to the Council and summoned to attend the next Council Meeting where h/she will sign the Declaration of Acceptance of Office to agree to be bound by the Code of Local Government Conduct.