Occasionally a seat may become vacant if a councillor resigns or is no longer able to carry out his or her duties.
Parish and Town Council Vacancies
If a seat becomes vacant on a Parish or Town Council, the Parish or Town Clerk is required to give public notice of the vacancy. To trigger an election ten or more electors for the electoral area need to submit a request, in writing, within fourteen computed days of the date of the notice (excluding weekends and bank holidays dies non), to the Proper Officer of the District Council, that an election be held to fill the vacancy. Upon receipt of these requests the Returning Officer will fix the date of the election which must be within 60 computed days of the date of the notice of vacancy. If the required number of requests are not received by the date stated, the Parish or Town Council is allowed to make their own arrangements to fill the vacancy by co-option.
If a vacancy arises within six months of the date that that councillor's term of office expires, the Parish Council may co-opt a person to fill the vacancy until the next ordinary elections.
District and County Council Vacancies
If a seat becomes vacant on the District or County Council, the appropriate local authority is required to give public notice. The Returning Officer will fix the date of the election as follows:-
- in a case in which the High Court or the Council have declared the office to be vacant, within 35 computed days from the date of the declaration; and
- in any other case, within 35 computed days of a written request for an election to be held, given to the Proper Officer of the authority, by two local government electors for the area.
If a vacancy arises within six months of the date that that councillor's term of office expires, the election will take place at the next ordinary election. The only exception to this six month rule is where the total number of unfilled vacancies on the Council exceeds one third of the total membership of the Council.