sec.174Failure to give particular returns under Local Government Electoral Act 2011

### sec.174 Failure to give particular returns under Local Government Electoral Act 2011 If a person who is elected as a councillor fails to give a summary return within the required period or a longer period allowed by the Minister, the person ceases to be a councillor on the day immediately after the required period or the longer period ends. In particular circumstances, the required period may be taken to be extended—see section 175 . However, subsections (3) to (5) apply if— under the Local Government Electoral Act 2011 , an agent was required to give the summary return for— the person; or a group of candidates of which the person was a member; or a political party that endorsed the candidature of the person; and the agent fails to give the summary return within the required period. As soon as practicable after the date of the notice given to the person under the Local Government Electoral Act 2011 , section 130C that the agent has failed to give the summary return, the person must give the Minister a notice stating that— the agent failed to give the summary return within the required period; and the person intends to give the return under subsection (4) . The person must give the summary return within— 30 days after the date of the notice of the agent’s failure; or a longer period allowed by the Minister. In particular circumstances, the period mentioned in paragraph (a) may be taken to be extended—see section 175 . The person ceases to be a councillor if the person does not comply with subsection (4) . In this section— required period , for a summary return, means the period within which the summary return must be given under the Local Government Electoral Act 2011 . summary return means a return required to be given under the following provisions of the Local Government Electoral Act 2011 — section 117 (4) ; section 118 (4) ; section 120 (6) ; section 125 (2) . s 174 prev s 174 amd 2012 No. 33 s 46 om 2018 No. 9 s 5 pres s 174 ins 2019 No. 30 s 50A amd 2023 No. 8 s 4 (sec.174-ssec.1) If a person who is elected as a councillor fails to give a summary return within the required period or a longer period allowed by the Minister, the person ceases to be a councillor on the day immediately after the required period or the longer period ends. In particular circumstances, the required period may be taken to be extended—see section 175 . (sec.174-ssec.2) However, subsections (3) to (5) apply if— under the Local Government Electoral Act 2011 , an agent was required to give the summary return for— the person; or a group of candidates of which the person was a member; or a political party that endorsed the candidature of the person; and the agent fails to give the summary return within the required period. (sec.174-ssec.3) As soon as practicable after the date of the notice given to the person under the Local Government Electoral Act 2011 , section 130C that the agent has failed to give the summary return, the person must give the Minister a notice stating that— the agent failed to give the summary return within the required period; and the person intends to give the return under subsection (4) . (sec.174-ssec.4) The person must give the summary return within— 30 days after the date of the notice of the agent’s failure; or a longer period allowed by the Minister. In particular circumstances, the period mentioned in paragraph (a) may be taken to be extended—see section 175 . (sec.174-ssec.5) The person ceases to be a councillor if the person does not comply with subsection (4) . (sec.174-ssec.6) In this section— required period , for a summary return, means the period within which the summary return must be given under the Local Government Electoral Act 2011 . summary return means a return required to be given under the following provisions of the Local Government Electoral Act 2011 — section 117 (4) ; section 118 (4) ; section 120 (6) ; section 125 (2) . - (a) under the Local Government Electoral Act 2011 , an agent was required to give the summary return for— (i) the person; or (ii) a group of candidates of which the person was a member; or (iii) a political party that endorsed the candidature of the person; and - (i) the person; or - (ii) a group of candidates of which the person was a member; or - (iii) a political party that endorsed the candidature of the person; and - (b) the agent fails to give the summary return within the required period. - (i) the person; or - (ii) a group of candidates of which the person was a member; or - (iii) a political party that endorsed the candidature of the person; and - (a) the agent failed to give the summary return within the required period; and - (b) the person intends to give the return under subsection (4) . - (a) 30 days after the date of the notice of the agent’s failure; or - (b) a longer period allowed by the Minister. - (a) section 117 (4) ; - (b) section 118 (4) ; - (c) section 120 (6) ; - (d) section 125 (2) .