(1) This section
modifies the operation of sections 4.8, 4.9 and 4.10 in relation to the
holding of extraordinary elections.
(2) If a
member’s office becomes vacant under section 2.32 (otherwise than by
resignation) on or after the third Saturday in July in an election year and
long enough before the ordinary elections day in that year to allow the
electoral requirements to be complied with, any poll needed for the
extraordinary election to fill the vacancy is to be held on that ordinary
elections day.
(3) In the case of a
member’s office becoming vacant under section 2.32 by resignation, if
—
(a) the
resignation takes effect, or is to take effect, on or after the third Saturday
in July in an election year but not later than one month after the ordinary
elections day in that year; and
(b) the
CEO receives notice of the resignation long enough before that ordinary
elections day to allow the electoral requirements to be complied with,
any poll needed for
the extraordinary election to fill the vacancy is to be held on that ordinary
elections day.
(4) If a
member’s office becomes vacant under section 2.32 —
(a)
after the third Saturday in October in the year before an election year; but
(b)
before the third Saturday in July in that election year,
the council may, with
the approval of the Electoral Commissioner, fix the ordinary elections day in
that election year as the day for holding any poll needed for the
extraordinary election to fill that vacancy.
[Section 4.16 amended: No. 66 of 2006 s. 7; No. 2
of 2012 s. 11; No. 11 of 2023 s. 27.]