Local Government (Elections) Act 1999

Subject to this section, if—

an election (other than a supplementary election) wholly or partially fails or is declared void; or

a casual vacancy occurs in the office of a member of a council, a supplementary election will be held to fill the office or offices not filled by the election, or the office that has become vacant.

A supplementary election will not be held to fill a casual vacancy if—

the vacancy occurs within 12 months before polling day for—

a periodic election; or

a general election (other than a periodic election) if the date of that polling day is known at the time of the occurrence of the vacancy; or

—

paragraph (c) does not apply; and

the vacancy is for an office other than mayor; and

the area of the council is not divided into wards; and

—

if the council has 9 or more offices (excluding the office of mayor)—there is no more than 1 other vacancy in the office of a member of the council; or

in any other case—there is no other vacancy in the office of a member of the council; and

it is a policy of the council at the time the vacancy occurs that it will not fill such a casual vacancy or vacancies until the next general election; or

the vacancy—

is for an office of a member of the council, other than—

mayor;

a member who was declared elected under section 25(1);

occurs—

within

after the close of nominations for a designated supplementary election and before polling day for that election, (and can be filled in accordance with section 6A) (the subsequent vacancy).

However, if—

1 or more vacancies have not been filled due to the operation of subsection (2)(b);

another vacancy occurs in the office of a member; and

the other vacancy has not occurred within 12 months before polling day for—

a periodic election; or

a general election (other than a periodic election) if the date of that polling day is known at the time of the occurrence of the vacancy, then a supplementary election must be held to fill the vacant offices.

If—

a casual vacancy has occurred; and

a supplementary election is not to be held by virtue of the operation of subsection (2)(b), any subsequent revocation or alteration of a policy of the council in force for the purposes of subsection (2)(b) cannot have effect so as to require the casual vacancy to be filled before the next general election.

If, before the close of nominations for a designated supplementary election, another vacancy (the subsequent vacancy) occurs in the office of a member of the council (other than in the office of mayor), the subsequent vacancy may be filled by the designated supplementary election.

If the subsequent vacancy is to be filled by the designated supplementary election—

the returning officer must give public notice that the vacancy will be filled by that election; and

the material accompanying the voting papers to be issued under section 39 for the designated supplementary election must advise voters that the vacancy will be filled by that election.

Subject to this Act, a supplementary election must be held as soon as practicable after the occasion for the election arises.

The returning officer must, by public notice, fix a day as polling day for the supplementary election.

A notice under subsection (6) must also fix—

a day for the close of the voters roll for the purposes of the election (the closing date);

the time at which voting at the election will close on polling day.

In this section—

if the area of the council is not divided into wards—a supplementary election held to fill an office or offices of the council; or

if the area of the council is divided into wards—a supplementary election held to fill an office or offices of the ward in which the subsequent vacancy has occurred.