Local Government Act, 1941

Failure to accept office.

40.—(1) Where any person, who is elected or chosen to be a member of a local authority and who is required by any enactment in force immediately before the commencement of this section to accept office as such member by making and subscribing within a limited period a declaration accepting such office, does not so accept such office, the following provisions shall apply and have effect, that is to say:—

(a) such person shall be deemed to have refused such office, and

(b) such office shall be vacant and shall, for the purposes of every provision (including provisions contained in this Act) relating to casual vacancies in the membership of such local authority, be deemed to have become vacant by the resignation of its holder on the last day of the said period.

(2) Every provision in any enactment whereby a person, who fails in the manner mentioned in the immediately preceding sub-section of this section to accept office as a member of a local authority, is liable to pay a fine shall cease to have effect.