Local Government Act, 2001

Holding of new election after removal of members.

217.—(1) (a) The Minister may, by order, subject to paragraph (b), fix a day for the holding of an election (in this Part referred to as a “new election”) of members of any local authority of which the members have been removed from office and such election shall be held on that day.

(b) A new election shall not be fixed for a day which is within 12 months of the period within which the next local elections fall to be held in accordance with section 26 .

(c) A direct election under Part 5 shall, where relevant, be held in conjunction with a new election under paragraph (a).

(d) Where a day for the holding of a new election is not fixed under this subsection, then an election of the members of the local authority concerned shall be held on the day of the next local elections and such election shall for the purposes of this Part be deemed to be a new election.

(e) The period between the removal of members from office and the day of coming into office of the members elected at a new election is referred to in this Part as the removal period.

(2) The Minister may by order make such provision as may be necessary to provide for the coming into office of persons elected at a new election to which subsection (1)(d) does not apply; including provision for the annual meeting to be held following their coming into office, the business of such meeting and related matters.

(3) Where a new election has been held in accordance with this Part the term of office of members elected at the new election shall expire to coincide with the next ordinary day of retirement of members of local authorities as referred to in section 17 .