2022-23 local government by-elections

[Harry Hayfield]

Nov 14, 2022 13:37:16 GMT peterl said:

Nov 14, 2022 3:44:45 GMT listener said:

Cllr John Galley of Chelmsford City Council (Boreham and The Leighs ward) passed away on Tuesday, 11 October.

The Local Government Act 1972 (section 87) states:
"For the purpose of filling a casual vacancy, the date on which the vacancy is to be deemed to have occurred shall be in the case of death, on the date of death.

Nick Eveleigh, the Returning Officer of Chelmsford, has published a Notice of Vacancy for Boreham and The Leighs, conveniently dated 9 November 2022, which states "Section 89(3) of the Local Government Act requires that the vacancy shall be filled on 4th May 2023". Section 89(3) deals with the six-month rule.

This vacancy occurred three weeks before the six-month rule kicked in.

Can anyone else advise about this?

If you are a local seeking to trigger a by election, I would advise sending in two letters requesting one accompanied by a letter explaining that the six month rule applies from the date of death, referencing the law as you have here and explaining the relevant dates. That would probably get the job done.

U turn announcement: I decided to contact the council and ask who was right, they have just replied with the following:

Thank you for getting in touch and raising this.


I believe that this was a misinterpretation and your interpretation, in that the six months rule applies from the date that the vacancy occurred (in this case, the date the councillor passed away) is correct.


As when a councillor has passed away it is common practise for the notice of vacancy, and any potential requests for an election to be help to be delayed until the date of the funeral out of respect, we had been working from this date in error.


We have updated the notice of election on our website to reflect that if the necessary requests to hold an election are received, then one shall be held. The notice also details who is eligible to submit such a request and how they can do so.



Again, thank you for raising this and I apologise for any confusion caused. If you have any further questions or queries please do not hesitate to get in touch.

In other words, Forum 1 Local Government 0

[lackeroftalent]

Think they still are in error. The posted notice refers to local government electors for Chelmsford generally rather than the ward.

www.chelmsford.gov.uk/media/htqlbiav/notice-of-vacancy-boreham-and-the-leighs.pdf

[peterl]

Nov 15, 2022 17:54:08 GMT lackeroftalent said:

Think they still are in error. The posted notice refers to local government electors for Chelmsford generally rather than the ward.

www.chelmsford.gov.uk/media/htqlbiav/notice-of-vacancy-boreham-and-the-leighs.pdf

It is two electors anywhere in the council that is required. I know for a fact that the two electors who requested the recent Highcliffe and Walkford by election were not local to the ward!

[ricmk]

Forum 1 Local Government 1

[owainsutton]

Nov 15, 2022 18:11:13 GMT peterl said:

Nov 15, 2022 17:54:08 GMT lackeroftalent said:

Think they still are in error. The posted notice refers to local government electors for Chelmsford generally rather than the ward.

www.chelmsford.gov.uk/media/htqlbiav/notice-of-vacancy-boreham-and-the-leighs.pdf

It is two electors anywhere in the council that is required. I know for a fact that the two electors who requested the recent Highcliffe and Walkford by election were not local to the ward!

Errrrm that sounds dodgy as puck!!!

"In this rule “elector”—

(a)means a person who is registered in the register of local government electors for the electoral area in question on the last day for the publication of notice of the election; and"

www.legislation.gov.uk/uksi/2006/3304/schedule/2/made

(Yes, it's clear from the rest of that legislation that "electoral area" means a subdivision of "local government area".)

[Khunanup]

Nov 15, 2022 18:37:32 GMT owainsutton said:

Nov 15, 2022 18:11:13 GMT peterl said:

It is two electors anywhere in the council that is required. I know for a fact that the two electors who requested the recent Highcliffe and Walkford by election were not local to the ward!

Errrrm that sounds dodgy as puck!!!

"In this rule “elector”—

(a)means a person who is registered in the register of local government electors for the electoral area in question on the last day for the publication of notice of the election; and"

www.legislation.gov.uk/uksi/2006/3304/schedule/2/made

(Yes, it's clear from the rest of that legislation that "electoral area" means a subdivision of "local government area".)

Yes, the electoral area in question, as made clear in the notice, is Chelmsford so the electors to call the by election can come from any of the council area.

The schedule you've linked to does not have anything in it pertaining to the election being called, and in that information it is clear that electors are those registered to vote in that ward as it's talking about nominations etc.

The latter has absolutely nothing to do with the triggering mechanism for a council by-election.

[lackeroftalent]

Nov 15, 2022 18:11:13 GMT peterl said:

Nov 15, 2022 17:54:08 GMT lackeroftalent said:

Think they still are in error. The posted notice refers to local government electors for Chelmsford generally rather than the ward.

www.chelmsford.gov.uk/media/htqlbiav/notice-of-vacancy-boreham-and-the-leighs.pdf

It is two electors anywhere in the council that is required. I know for a fact that the two electors who requested the recent Highcliffe and Walkford by election were not local to the ward!

That would be really interesting. 

I link to a notice of casual vacancy from Amber Valley BC which asks for voters in the ward. This then was in error?

info.ambervalley.gov.uk/docarc/docviewer.aspx?docguid=1b2d9a07794f44e18e8cf902359365f3

[gwynthegriff]

Nov 15, 2022 21:36:57 GMT lackeroftalent said:

Nov 15, 2022 18:11:13 GMT peterl said:

It is two electors anywhere in the council that is required. I know for a fact that the two electors who requested the recent Highcliffe and Walkford by election were not local to the ward!

That would be really interesting. 

I link to a notice of casual vacancy from Amber Valley BC which asks for voters in the ward. This then was in error?

info.ambervalley.gov.uk/docarc/docviewer.aspx?docguid=1b2d9a07794f44e18e8cf902359365f3

I believe that is in error.

I have certainly "called" a by-election outside my resident ward.

[listener]

Any two registered electors in the entire local government area can call a by-election, regardless of where they live.

A vacancy has just occurred in the Masham and Fountains division of North Yorkshire unitary, which is in the former district of Harrogate. Any two electors across the whole of North Yorkshire can call the by-election. J.G. Harston?

Incidentally this division comprises no less than 30 parishes, in various different grouped councils and some without any councils, only annual parish meetings. I look forward to Andrew's commentary, in due course.

[carolus]

Gedling, Newstead Abbey. Simon Murray (Conservative) has resigned. No byelection.

Sevenoaks, Leigh & Chiddingstone Causeway. James Osborne-Jackson (Conservative) has ceased to be a councillor.

[evergreenadam]

Nov 16, 2022 17:02:50 GMT carolus said:

Gedling, Newstead Abbey. Simon Murray (Conservative) has resigned. No byelection.

Sevenoaks, Leigh & Chiddingstone Causeway. James Osborne-Jackson (Conservative) has ceased to be a councillor.

I hope that Andrew’s previews will enlighten us about the aforementioned causeway in due course, as that ward is some distance from the sea.

[carolus]

Nov 16, 2022 17:42:11 GMT evergreenadam said:

Nov 16, 2022 17:02:50 GMT carolus said:

Gedling, Newstead Abbey. Simon Murray (Conservative) has resigned. No byelection.

Sevenoaks, Leigh & Chiddingstone Causeway. James Osborne-Jackson (Conservative) has ceased to be a councillor.

I hope that Andrew’s previews will enlighten us about the aforementioned causeway in due course, as that ward is some distance from the sea.

There won't be a byelection for Sevenoaks either - the resignation falls under the six month rule (when I posted about I hadn't found the notice of vacancy).

[andrewteale]

Nov 16, 2022 12:11:43 GMT listener said:

Any two registered electors in the entire local government area can call a by-election, regardless of where they live.

A vacancy has just occurred in the Masham and Fountains division of North Yorkshire unitary, which is in the former district of Harrogate. Any two electors across the whole of North Yorkshire can call the by-election. J.G. Harston?

Incidentally this division comprises no less than 30 parishes, in various different grouped councils and some without any councils, only annual parish meetings. I look forward to Andrew's commentary, in due course.

I'm looking forward to writing it. It's a thoroughly, thoroughly beautiful part of the world.

[maxque]

Nov 16, 2022 17:42:11 GMT evergreenadam said:

Nov 16, 2022 17:02:50 GMT carolus said:

Gedling, Newstead Abbey. Simon Murray (Conservative) has resigned. No byelection.

Sevenoaks, Leigh & Chiddingstone Causeway. James Osborne-Jackson (Conservative) has ceased to be a councillor.

I hope that Andrew’s previews will enlighten us about the aforementioned causeway in due course, as that ward is some distance from the sea.

baileysbeerblog.blogspot.com/2017/06/chiddingstone-causeway-arts-social.html#:~:text=The%20%E2%80%9CCauseway%E2%80%9D%20part%20of%20the,Saxon%20times%2C%20and%20possibly%20before.

This blog says it was named that way because it was on the road going through the local bogs.

[carolus]

North Kesteven, Ruskington. Terry Boston (Conservative) has ceased to be a councillor. No byelection.

North Northamptonshire, Northall. Kevin Thurland (Conservative) has died.
www.northantstelegraph.co.uk/news/people/kettering-community-champion-councillor-kevin-thurland-dies-after-falling-ill-3922442

Torridge, Holsworthy. Jon Hutchings (Conservative) has ceased to be a councillor. No byelection.

Redcar & Cleveland, Normanby is on 22 December.

[carolus]

South Kesteven, Peascliffe & Ridgeway. Rosemary Kaberry-Brown (Conservative) has ceased to be a councillor. No byelection.

Torfaen, Llantarnam. Nick Jones (Independent) has ceased to be a councillor.

Harrotgate, Fountains & Ripley. Margaret Atkinson (Conservative) has died. As noted above she was also on North Yorkshire CC/UA.

[carolus]

23 November:
Ashfield, Hucknall Central. Jim Blagden (Ashfield Independents) has died.

24 November:
Bassetlaw, Sutton. Denise Depledge (Conservative) has resigned.
Isle of Wight, Brighstone, Calbourne & Shalfleet. Steve Hastings (Conservative) has resigned.
Sefton, Linacre (2026). Gordon Friel (Labour) has died.
Warrington, Rixton & Woolston. Joshua Dixon (Conservative) has resigned.

30 November:
Surrey, Sunbury Common & Ashford Common. Alison Griffiths / Todd (Conservative) has died.

1 December:
Arun, Arundel & Walberton. Faye Catterson (Green) has been disqualified for failing to attend meetings.
King's Lynn & West Norfolk, Gaywood Clock. John Collop (Labour) has ceased to be a councillor.
Norfolk, Gaywood North & Central. Graham Middleton (Conservative) has ceased to be a councillor.
Southampton, Bitterne. Terry Streets (Conservative) has died.
Waverley, Chiddingfold & Dunsfold. John Gray (Conservative) has died.
West Lothian, Broxburn, Uphall & Winchburgh. Ann Davidson (Labour) has died.

8 December:
Brighton & Hove, Wish. Garry Peltzer Dunn (Conservative) has died.
City of London, Aldgate (Alderman). Susan Langley seeking re-election.
City of London, Farringdon Without (Alderman). Gregory Jones seeking re-election.
City of London, Queenhithe (Alderman). Alastair Kind seeking re-election.
Colchester, Highwoods (2023). Beverley Oxford (Highwoods Group) has resigned.
Colchester, Highwoods (2024). Gerard Oxford (Highwoods Group) has resigned.
Dumfries & Galloway, Mid Galloway & Wigtown West. Sandy Whitelaw (Labour) has ceased to be a councillor.
Lincolnshire, Spalding West. Angela Newton (Independent) has died.
Medway, Peninsula. Mick Pendergast (Independent) has died.
North Devon, Landkey. David Luggar (North Devon Independent, elected as Conservative) has ceased to be a councillor.
South Holland, Monks House. Angela Newton (Independent) has died.

15 December:
Amber Valley, Wingfield. Valerie Thorpe (Conservative) has died.
Ipswich, Priory Heath (2024). Sarah Barber (Labour) has resigned.
Pendle, Barrowford & Pendleside (2023). Carlo Lionti (Conservative) has died.
South Kesteven, Toller. Jan Hansen (Independent) has resigned.
Test Valley, Andover Romans. Nick Matthews (Conservative) has resigned.

Wigan, Ashton (2026). Anthony Sykes (Labour) has died.

22 December:

Redcar & Cleveland, Normanby. Chris Foley-McCormack (Labour) has died.

Known vacancies:

Cambridgeshire, St Neots The Eatons. Derek Giles (St Neots Independent Group) has died.

Cannock Chase, Etching Hill & The Heath (2026). James Fletcher (Conservative) has ceased to be a councillor.

Central Bedfordshire, Cranfield & Marston Moretain. Ken Matthews (Conservative) has died.

Chelmsford, Boreham & The Leighs. John Galley (Conservative) has died.

Dartford, Wilmington, Sutton-at-Hone & Hawley. Ellenor Palmer (Conservative) has ceased to be a councillor.

Denbighshire, Rhyl Ty Newydd. Brian Blakeley (Labour) has died.

High Peak, Whaley Bridge. Kath Thomson (Labour) has resigned.
High Peak, Whaley Bridge. Shannon-Kate Thomson (Labour) has resigned.
Lancaster, University & Scotforth Rural. Katie Whearty (Non-aligned Independent, ex-Eco-socialist Independent, elected as Labour) has resigned.
Lancaster, Westgate. Merv Evans (Independent) has died.

Melton, Long Clawson & Stathern. Melanie Steadman (Conservative) has died.

North Northamptonshire, Northall. Kevin Thurland (Conservative) has died.

North Yorkshire, Masham & Fountains. Margaret Atkinson (Conservative) has died.

Rotherham, Keppel. Paul Hague (Rotherham Democratic Party) has ceased to be a councillor.

Sefton, Netherton & Orrell (2024). Robert Brennan (Labour) has resigned.

Staffordshire, Biddulph North. Ian Lawson (Conservative) has died.
Staffordshire Moorlands, Biddulph West. Ian Lawson (Conservative) has died.

Staffordshire Moorlands, Biddulph West. Hilda Sheldon (Independent) has died.

Torfaen, Llantarnam. Nick Jones (Independent) has ceased to be a councillor.

Uttlesford, Great Dunmow South & Barnston. Colin Day (Residents for Uttlesford) has ceased to be a councillor.
West Suffolk, Haverhill North. Elaine McManus (Ind elected as Conservative) has resigned.

The following vacancies fall within the six-month rule for elections next May and so will not be filled:

Eastbourne, Sovereign. Paul Metcalfe (Conservative) has resigned.

Gedling, Newstead Abbey. Simon Murray (Conservative) has resigned.

Liverpool, Knotty Ash. Alison Clarke (Liverpool Community Independents, elected as Labour) has ceased to be a councillor.

North Kesteven, Ruskington. Terry Boston (Conservative) has ceased to be a councillor.

Sevenoaks, Farningham, Horton Kirby & South Darenth. Brian Carroll (Conservative) has resigned.

Sevenoaks, Leigh & Chiddingstone Causeway. James Osborne-Jackson (Conservative) has ceased to be a councillor.

South Kesteven, Peascliffe & Ridgeway. Rosemary Kaberry-Brown (Conservative) has ceased to be a councillor.

Torridge, Holsworthy. Jon Hutchings (Conservative) has resigned.

The following vacancies are for councils which will be abolished next April. The six-month rule now applies, so they will not be filled:
Barrow-in-Furness: Dalton South. Cause: Resignation of Shaun Blezard (Lab) on 3 February 2022.
Carlisle: Botcherby and Harraby North. Cause: Resignation of Jack Paton (Ind) on 2 February 2022.
Copeland, Millom. Fred Gleaves (Conservative) has died.
Cumbria, Dearham & Broughton. Hugo Graham (Conservative) resigned on 3 May.

Cumbria: Longtown. Cause: Death of Val Tarbitt (C) on 28 January 2022.

Harrogate, Fountains & Ripley. Margaret Atkinson (Conservative) has died.

Harrogate, Harlow. Jim Clark (Conservative) has resigned.
Harrogate: Marston Moor. Cause: Death of Norman Waller (C) on 25 January 2022
Ryedale, Ampleforth. Jim Bailey (Conservative) resigned.
Ryedale, Pickering West. Carrie Brackstone (Liberal) has ceased to be a councillor.
Ryedale, Rillington. Nathan Garbutt-Moore (Conservative) has resigned.
Ryedale, Sherburn. Cause: Resignation of John Raper (Ind) on c. 1 February 2022.
Ryedale, Thornton Dale. C W Delaney (Conservative) has resigned.
Scarborough, Scalby. Hazel Lynskey (No Political Affiliation, elected as Conservative) has died.
Somerset West & Taunton, South Quantock. Anthony Trollope-Bellew (Conservative) has died.

[Sharon]

>Isle of Wight, Brighstone, Calbourne & Shalfleet. Steve Hastings (Conservative) has resigned.

He was, a few years ago, a UKIP cllr in Portsmouth, as I'm sure Khunanup remembers.

[Khunanup]

Nov 19, 2022 18:32:07 GMT Sharon said:

>Isle of Wight, Brighstone, Calbourne & Shalfleet. Steve Hastings (Conservative) has resigned.

He was, a few years ago, a UKIP cllr in Portsmouth, as I'm sure Khunanup remembers.

Indeed. Elected as UKIP, defected to the Tories (though in his case it was back to the party he'd stood in elections for elsewhere previously), fell out with Tories locally (well he was a member of Portsmouth South Conservatives so was never not in a state of not falling out with at least some of them at any point in all honesty) and then moved to the Island. Generally pleasant enough chap but I don't think ever really cut out for the problematic machinations of Portsmouth and Isle of Wight Conservatism. He's now off to somewhere in Devon, where I hope, for his sake, he won't crop up again.

[timrollpickering]

Nov 10, 2022 21:22:48 GMT timrollpickering said:

Three City of London Alderman elections on 8th December (if contested - the nomination deadline is on the 15th), all due to the incumbents reaching seven years:

Aldgate - Susan Langley is seeking re-election Notice Diamond Geezer's visit
Farringdon Without - Gregory Jones is seeking re-election Notice SA Notice SZ Diamond Geezer's visit
Queenhithe - Alastair John Naisbitt King is seeking re-election Notice Diamond Geezer's visit

All three incumbents are restanding. Jones (Farringdon Without) and King (Queenhithe) uncontested.

Aldgate has the incumbent Alderman up against an incumbent Councillor and a third candidate:

Elizabeth Anne Lange - new candidate
Susan Langley - incumbent Alderman
Shah Umradia - incumbent Councillor