A “Casual Vacancy” occurs when a Councillor resigns from the Council (Section 87 of the Local Government Act 1972). In this case the “Casual Vacancy” occurred due to the resignation of Councillor P. Ducker in the Neville Ward of Great Aycliffe.
Public Notice of the vacancy must be given immediately by the Council (Section 87 and 232 of the Local Government Act 1972).
If, within 14 days, after Public Notice has been given, at least 10 electors have given written notice to the Principal Council’s Proper Officer of a request for an election to fill the vacancy, then a by-election must be held.
The exception being a by-election need not be held if the vacancy occurs within six months of the next ordinary election. This was not the case.
Two forms of application for an election were submitted by electors and received by the Electoral Officer. One with 10 electors signatures and one with 12 electors signatures, requesting a by-election. Ten electors being the required number to trigger a by-election.
Public Notice was then given which resulted in two candidates being put forward for election i.e. Mr. John Turnbull (Independent) and Mr. J.P. Hillary (Labour). Following which Mr. J.P. Hillary was duly elected.
If no application had been submitted for a by-election the council could have filled the vacancy by co-option. This was clearly not the case and, therefore, not applicable.
The cost of holding a local Council election is paid for by the local (Town) Council. The estimated cost of holding this by-election is £3,174, however the final cost is to be confirmed by Durham County Council.
Concluding, the option of co-opting a Councillor was not available to the Town Council for this particular vacancy due to the request made by electors (22) of Great Aycliffe for an election and the fact that the vacancy occurred more than six months prior to the next ordinary Council election.
Subsequent vacancies occurring within the sixth month period, prior to the normal elections, will give the Town Council the alternative of either co-option or leaving the vacancy unfilled until the Council elections in May 2013.
A. Bailey, Town Clerk.
