Policies & Procedures

Adopted: 28 May 2024 Min 24.118xii

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This policy sets out the procedure for filling a vacancy on the Council. 

1. In the case a vacancy arising from insufficient councillors being elected after ordinary elections then, subject to there being a quorum for meetings of the Council , the co-option process will proceed from step 7 below .

2. In the case of a casual vacancy (see appendix 1) occurring within six months before the date of an ordinary election, then the Parish Council may leave the office vacant until that election . Alternatively, it may commence the co-option process from step 7 below.

3. In the case of a casual vacancy arising other than within six months before the date of an ordinary election, the Clerk will notify the District Council that a vacancy exists and the reason and date of the vacancy. The District Council will then provide the required public notice  (see appendix 2). 

4. The Clerk will display the notice for 14 days on the Parish notice boards and on the Parish Council’s website .

5. If, within fourteen days, the Returning Officer receives a written request for an election signed by ten electors for the Ward, the Returning Officer will initiate the election process . The costs of the election will be paid for by the Parish Council .

6. Where a casual vacancy is not required to be filled by an election, after receiving written confirmation from the District Council, the Parish Council must, as soon as practicable, co-opt a person to fill the vacancy. 

7. Without recourse to the Council, the Clerk will advertise the vacancy to be filled on the Parish Council's noticeboards and website (and any other local media deemed appropriate). The advertisement will give interested parties a minimum of 14 working days to notify the Clerk that they wish to be considered for co-option.

8. The Clerk will send candidates an application form (see appendix 3), to be completed and returned to the Clerk, confirming their eligibility for the position of councillor within the statutory rules (see appendix 4). 

9. If insufficient candidates come forward for co-option, the process will continue, whereby the vacancies are again advertised.

10. Following receipt of applications, the next suitable Parish Council meeting will have an agenda item 'To receive written applications for the office of Parish Councillor and to co-opt a candidate to fill the existing vacancy'. Eligible candidates will be invited to attend the meeting and sent a copy of the agenda.

11. Copies of the eligible candidates’ applications will be circulated to all parish councillors by the Clerk at least 3 clear days  prior to the meeting of the full Parish Council, when the co-option will be considered. All such documents will be treated by the Clerk and all parish councillors as strictly private and confidential.

12. If a candidate is not able to attend the co-option meeting, at the meeting councillors will decide whether they have sufficient information to make an informed decision regarding the co-option. If further information is required, the co-option may be deferred to the next Parish Council meeting.

13. At the appropriate agenda item of the co-option meeting, the Council will resolve on moving into closed session , thereby excluding members of the press and public for the reason of undertaking the selection process, which may raise confidential matters and discuss personal attributes. 

14. Councillors will proceed to a vote by a show of hands .

15. The successful candidate/s must have received an absolute majority vote of those present and voting . In the case of an equality of votes, the Chairman of the meeting has a second or casting vote . If there is more than one candidate, the candidate with the least number of votes cast will be deleted and the vote taken again until the number of candidates equals the number of vacancies. 

16. After the vote has been concluded, and if in closed session, the Council will resolve to move back into open session and readmit members of the public, including the candidates. 

17. The Chairman will declare the successful candidate duly elected, the successful candidate/s will sign the Declaration of Acceptance of Office  and the Council’s Code of Conduct . 

18. If not present, a co-opted candidate will sign the Declaration of Acceptance of Office and the Council’s Code of Conduct either before or at the next meeting of the Parish Council . 

19. The co-opted parish councillor will complete a Notification of Disclosable Pecuniary and Other Interests form which the Clerk will lodge with the Monitoring Officer at the District Council within 28 days of the co-option .

20. The newly appointed councillor will be provided with an induction pack. This will include the Council’s Standing Orders and Financial Regulations. 

21. The Clerk will notify the District Council of the co-option of the new parish councillor, along with the newly appointed councillor’s address and contact details.

Appendix 1: Reasons for a casual vacancy and effective vacancy date

1. Failure to complete a declaration of acceptance of office within the proper time. This must be done before or at the first meeting of the Parish Council, unless the Parish Council permits otherwise.  The effective date of the vacancy is the closing date for making declarations of acceptance of office. 

2. When a notice of resignation has been received.  A councillor may at any time resign their office by written notice delivered to the chairman of the parish council. The resignation takes effect upon receipt, and this is the effective date of the vacancy. 

3. Death. The vacancy is deemed to have occurred on the date of the death. 

4. Ceasing to be Qualified.  This would normally only occur where a councillor had used their registration as an elector as their qualification for nomination and election and where that qualification had been lost because they had ceased to be on the register of electors.  As noted above, all other qualifications continue for the full term of office.  The Parish Council must declare the vacancy forthwith, and the vacancy is deemed to have occurred on the date of this declaration. 

5. Becoming Disqualified.  Through bankruptcy, office holding, surcharge, conviction, court order or being found guilty of corrupt or illegal practices in election law. 

6. Failure to Attend Meetings.  If a councillor fails throughout a period of six consecutive months from the date of their last attendance to attend any meeting of the Parish Council (including committees, sub-committees or as a representative of the Parish Council), they shall, unless the failure was due to some reason approved by the Parish Council before the expiry of that period, cease to be a member of the Parish Council.  The effective date of the vacancy is the date declared by the Parish Council.

Appendix 2: specimen notice of casual vacancy

NOTICE OF VACANCY
IN OFFICE OF COUNCILLOR

PARISH OF SUTTON BRIDGE

NOTICE IS HEREBY GIVEN
that a casual vacancy has arisen in the Office of Councillor for the Parish Council. 

If by [DD MMMM, YYYY] (14 days excluding Dies Non, after the date of this notice) a request for an election to fill said vacancy is made in writing to the Returning Officer at the address below by TEN electors for the said Parish, an election will be held to fill the said vacancy, otherwise the vacancy will be filled by co-option. 
 
If an election is called, it will take place not later than [DD MMMM, YYYY]. 
 
Dated: [DD MMMM, YYYY] 
[Name]
Returning Officer 
Council Offices 
Priory Road 
Spalding 
Lincolnshire 
PE11 2XE 

Appendix 3: application form

Sutton Bridge & Wingland

Parish Councillor Application Form
Please read the document titled 'Guidance for Candidates and Agents', published by the Electoral Commission, before completing this form.

Name:

Address:

Post Code:

Phone - daytime:

Phone – evening:

Phone – mobile:

Email address: 
If you have no email address please state NONE.

Occupation:

Have you ever served on any council before?

Delete as applicable: YES  /  NO

If Yes please give details:

Please state why you consider yourself to be a suitable candidate (add additional sheet if necessary):

Please give one example of something the Parish Council could be doing for the village that it currently isn't (add additional sheet if necessary):

I have read and understand the Qualifications and Disqualifications for the office of parish councillor and confirm my eligibility.

Signature:

Date:

Appendix 4: Qualifications & Disqualifications for the office of Parish Councillor

Qualifications

To be qualified to be a parish councillor you must[i]:

• be at least 18 years old
• be a British citizen, an eligible Commonwealth citizen or a citizen of any member state of the European Union, and
• meet at least one of the following four qualifications:

1. You are, and will continue to be, registered on the electoral register for the Parish.
2. You have occupied as owner or tenant any land or other premises in the Parish during the whole of the preceding 12 months before the day of your nomination and the day of election.
3. Your main or only place of work during the 12 months prior to the day of your nomination and the day of election has been in the Parish.
4. You have lived in the Parish during the whole of the 12 months before the day of your nomination and the day of election.

Disqualifications

Apart from meeting the qualifications for being a parish councillor you must also not be disqualified

Certain people are disqualified from being elected to a local authority in England. You cannot hold the office of a parish councillor if:

1. You hold any paid office or employment of the Parish Council (other than the office of chair) or of a joint committee on which the Parish Council is represented[ii].
2. You are subject to any of the following made by a court in England or Wales[iii]:
   • an interim bankruptcy restrictions order
   • a bankruptcy restrictions order
   • an interim debt relief restrictions order
   • a debt relief restrictions order
3. You have been sentenced to a term of imprisonment of three months or more (including a suspended sentence), without the option of a fine, within the last five years and the ordinary period allowed for making an appeal or applications in respect of the conviction has passed[iv].
4. You have been disqualified under the Representation of the People Act 1983 (which covers corrupt or illegal electoral practices). The disqualification for an illegal practice begins from the date a person has been reported guilty by an election court or convicted and lasts for three years. The disqualification for a corrupt practice begins from the date a person has been reported guilty by an election court or convicted and lasts for five years[v], unless at any time within that period a court determines that the conviction should not be upheld, in which case the disqualification ends at that time[vi].
5. You are subject to the notification requirement of or under Part 2 of the Sexual Offences Act 2003, and the ordinary period allowed for making an appeal or application in respect of the order or notification has passed[vii]. A disqualification set under s.81A of the Local Government Act 1972 will only apply to a person who is subject to any relevant notification requirements or relevant order made on or after 28 June 2022. A person who is in the process of making an appeal or application in relation to the disqualification is not disqualified at any time before the end of the day on which the appeal or application is disposed of, abandoned, or fails by reason of non-prosecution.
6. A person may be disqualified from being or becoming a member of certain authorities following a conviction under the Localism Act 2011[viii].

For further information on whether you can stand as a parish councillor, please see Guidance for candidates and agents Part 1 of 6 – Can you stand for election? Published by the Electoral Commission, June 2022.