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ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 11



11.(1) [The year 1973] and every fourth year thereafter shall be a
local election year and in each local election year the election day as
respects any district council shall be the day on which the poll is or would
have been taken in any contested election for that council not being an
election to fill a casual vacancy.

(2) The members of a district council

(a)shall be elected in every local election year;

(b)shall come into office on the day next after the election day;

(c)shall retire together on the day next after the election day in the next
succeeding local election year.

(3) If an election in any [district electoral area] is countermanded [because
of the death of any candidate or the poll in any polling station is
adjourned,] the provisions of subsection (2) relating to the retirement of
members shall have effect as if the election had not been countermanded or the
poll adjourned but had been proceeded with and completed.

(4) A vacancy (in this Act referred to as a "casual vacancy") caused in a
district council

(a)by the death or resignation or disqualification (whether by virtue of
this Act or otherwise) of a member; or

(b)by the non-acceptance of office by a person elected or declared to have
been elected a member or by his office becoming vacant under section 7(2) of
the Local Government Act (Northern Ireland) 1972 or being declared vacant
under section 10 of that Act by reason of his failure to attend meetings of
the council; or

(c)by the determination by an election court that a person's election as a
member was void, where no other person is declared elected in his stead;

(5) A casual vacancy shall be deemed to have occurred

(a)if it is a vacancy to which sub-section (4) (a) or (b) applies, when and so
soon as the Chief Electoral Officer is satisfied that the vacancy exists;

(b)if it is a vacancy to which sub-section (4) (c) applies, on the date of the
determination;

(6) A person elected to fill a casual vacancy occurring in a district council
shall hold office for the remainder of the term of the member whom he has
succeeded.

(7) Nothing in this section shall affect the right under any enactment
relating to local government of the chairman or vice chairman of a
local authority to continue in office until his successor becomes entitled to
act.]

Subs.(8) rep. by SLR 1980

Ss.12, 13 rep. by SLR 1980

Appointment of Chief Electoral Officer.

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