If a Councillor leaves their seat during the course of their term, a casual vacancy occurs
This could be due to:
- the resignation of a councillor;
- the death of a councillor;
- the disqualification (or ceasing to be qualified) of a councillor; or,
- a failure to take up office.
Current vacancy notices
Casual vacancy rules
The rules for casual vacancies are different depending on whether the seat is for a district, county, or for a town/parish council.
Town and parish councils
When a councillor's seat becomes vacant the Town/Parish Clerk will tell our Elections Team. The Clerk will display a 'Notice of Vacancy' in the parish area as soon as possible.
The notice explains that an election can be called by a request made in writing to the District Council's Proper Officer by 10 electors from the parish area (if the parish is warded, they must only come from the parish ward), within 14 working days* of the date of the notice.
If an election is called it must be held within 60 days of the notice. If no request is received to call an election then the town/parish council may then co-opt someone into the vacant seat.
This means that the town/parish council can choose themselves who they wish to appoint to fill the seat, rather than holding an election.
The 'Notice of Vacancy' must run its course before the town/parish council have the opportunity to co-opt a new councillor and this gives the electors of the parish a chance to call an election if they wish to.
If the vacancy occurs within six months of the date of the next scheduled elections for that council then no election is held and the seat may remain vacant until it is filled at the next elections, or the council may choose to co-opt into the vacant seat.
District and County Council
When a councillor's seat becomes vacant the elections team will display a 'Notice of Vacancy' to advertise the vacancy.
The notice explains that an election can be called by a request made in writing to the Council's Proper Officer by two electors from the local authority area. If an election is called it must be held within 35 working days* of the notice.
The exception to this is that if a vacancy occurs within six months of the date of the next scheduled elections, the vacancy is carried over to the next elections. The seat will remain vacant during that time and no by-election will be held.
*In electoral law the computation of days excludes "dies non" - This means a weekend, public holiday e.g. Christmas or a bank holiday would not be included.