By-elections after the 2nd May 2013

[Deleted]

Thank you to both piperdave and David B; and apologies for my appalling typing!

[Deleted]

"there is no requirement in Scotland for the byelection to be called"

0__o

[Deleted]

Aug 4, 2013 9:33:07 GMT doktorb🏳️‍🌈🏳️‍⚧️ said:

"there is no requirement in Scotland for the byelection to be called"

0__o

As in, there is no requirement for two electors to write to the RO and call for the by-election

[Davıd Boothroyd]

Yes - in other words it happens automatically, whereas in England and Wales it is possible for a seat to be left vacant for many months waiting for two electors to write in and call the byelection.

[Deleted]

Ooh sorry, that was early morning brain not getting into gear.

[Deleted]

Aug 4, 2013 9:51:30 GMT Davıd Boothroyd said:

Yes - in other words it happens automatically, whereas in England and Wales it is possible for a seat to be left vacant for many months waiting for two electors to write in and call the byelection.

This, and getting rid of the need for ten nominators, are very sensible Scottish modifications which I'd like to see down here.

[tim13]

David Boothroyd - I ask you, as the acknowledged expert in this field - how does a petition signed by ten electors for an election,
with, if no petition, an instruction to coopt, fit in? Is that merely the rule in the case of Town and Parish byelections?

[Deleted]

Yes, that's parish council level. It's a weird thing to me that at parish you need ten to call the election, but two to nominate; and at district/county/unitary it's two to call, but ten to nominate.

[Davıd Boothroyd]

James Doyle is right. The presumption at parish level is that the parish should co-opt to fill vacancies. The vast majority of parishes are non-partisan and don't have contested elections.

[froome]

Aug 4, 2013 9:51:30 GMT Davıd Boothroyd said:

Yes - in other words it happens automatically, whereas in England and Wales it is possible for a seat to be left vacant for many months waiting for two electors to write in and call the byelection.

Is there actually any time limit in E&W? If no electors call for a by-election, will the seat just be left vacanr until the next set of elections is due, which could potentially be up to 4 years away?

[Davıd Boothroyd]

Yes. There is no law to stop it, and I know of cases where there have been seats vacant for over a year.

There is scope for an interesting dispute over who has the right to call a byelection in England and Wales. The wording of s. 89(1)(b) of the Local Government Act 1972 is that the election has to be held "within thirty-five days (so computed) after notice in writing of the vacancy has been given to the proper officer of the authority by two local government electors for the area". The term "area" is frequently interpreted as meaning the ward or division in which there is a vacancy.

However the context of the Act indicates that the term "area" in fact means the authority, not just the ward. The start of section 89 refers to "a casual vacancy occurring in the office of councillor for any principal area". The term "principal" has no meaning when it comes to wards or electoral divisions, but does have a meaning when it comes to local authorities: a "principal local authority" is one which is not a parish or community level authority. And, as we have mentioned, the Act specifies different arrangements for filling vacancies in parish or community councils.

[Deleted]

My dream is constitutional reform which tidies up things as small as this in addition to matters as huge as Church/State.

[Deleted]

Aug 4, 2013 13:50:42 GMT Davıd Boothroyd said:

Yes. There is no law to stop it, and I know of cases where there have been seats vacant for over a year.

There is scope for an interesting dispute over who has the right to call a byelection in England and Wales. The wording of s. 89(1)(b) of the Local Government Act 1972 is that the election has to be held "within thirty-five days (so computed) after notice in writing of the vacancy has been given to the proper officer of the authority by two local government electors for the area". The term "area" is frequently interpreted as meaning the ward or division in which there is a vacancy.

However the context of the Act indicates that the term "area" in fact means the authority, not just the ward. The start of section 89 refers to "a casual vacancy occurring in the office of councillor for any principal area". The term "principal" has no meaning when it comes to wards or electoral divisions, but does have a meaning when it comes to local authorities: a "principal local authority" is one which is not a parish or community level authority. And, as we have mentioned, the Act specifies different arrangements for filling vacancies in parish or community councils.

Yes, I have to admit that, despite 'doing' local elections for 20 years, until a few weeks ago I had thought it was two electors in the division; then I came across a couple of council websites that specifically referred to two electors from the whole council area, so I went and checked.

And on the theoretical case that the seat could just remain vacant - at the moment it's been 80 days (11 and a half weeks) since St Helens (Billinge & Seneley Green) appeared on here as a vacant seat, and the by-election is still uncalled. I guess it's unlikely to be called during August, then there would be the five weeks between NoE and election day, so that one is easily going to go five months, and possibly more.

[greatkingrat]

In South Lakeland, Ulverston North ward, the incumbent councillor died on 5 August 2011, and the seat was left vacant until the scheduled election in May 2012 (9 months in total).

[Khunanup]

Havant BC, Waterlooville ward by election to take place due to the resignation of Conservative John Hunt for health reasons.

[Deleted]

Aug 4, 2013 23:30:32 GMT Khunanup said:

Havant BC, Waterlooville ward by election to take place due to the resignation of Conservative John Hunt for health reasons.

Waterloo ward, methinks?

[Khunanup]

Aug 5, 2013 10:25:54 GMT jamesdoyle said:

Aug 4, 2013 23:30:32 GMT Khunanup said:

Havant BC, Waterlooville ward by election to take place due to the resignation of Conservative John Hunt for health reasons.

Waterloo ward, methinks?

Sorry, I was thinking of the place not the ward!

[marksenior]

Charnwood Wreake Villages 12th September

[CHILTERNS]

Sad news coming from Aylesbury in Buckinghamshire that Lib Dem Aylesbury Mayor Steve Patrick passed away last night 6th August. Steve was a District Councillor and Town Councillor. He was 59 years old.

[Davıd Boothroyd]

Rev David Clues, the Liberal Democrat councillor for Dudden Hill ward in Brent who has been living in Brighton will be resigning.

But it seems he won't be going until November, which by a curious coincidence is six months before the next full council elections.