Local Government Act, 1994

Casual vacancies.

11.—(1) A casual vacancy means a vacancy caused in the membership of a local authority pursuant to section 8 or by the death or resignation of a member of a local authority.

(2) A casual vacancy shall also exist in such circumstances as are prescribed in articles 27 (3), 28 (4) and 76 of the Local Elections Regulations, 1965 , or as may be prescribed under section 22 or as are referred to in section 15 (1) of the Local Elections (Petitions and Disqualifications) Act, 1974 .

(3) It shall be the duty of the secretary or clerk to notify the members of the local authority in writing on becoming aware that a casual vacancy has or may have occurred.

(4) A casual vacancy shall be filled by the co-option by the local authority of a person to fill the vacancy.

(5) (a) A co-option shall be made, after due notice, at the next meeting of the local authority after the expiration of a period of fourteen days from the occurrence of the vacancy or as soon after the expiration of such period as circumstances permit.

(b) For this purpose due notice means not less than three clear days notice given in writing to every member of the local authority.

(6) A person shall not be proposed at a meeting of the local authority for co-option without the prior consent in writing of that person.

(7) A person co-opted to fill a casual vacancy shall (unless sooner ceasing to hold office) hold office as a member of the local authority

until the next ordinary day of retirement of members of that local authority.

(8) Every person co-opted to fill a casual vacancy in the membership of the council of a county or other borough shall hold office as a councillor.

(9) Where a casual vacancy occurs in the membership of the council of a county or other borough by reason of an alderman ceasing to hold office as a member of the council, the number of aldermen for such county or other borough shall, until the next election of members of the said council be reduced by one in respect of each such vacancy.