8Filling of casual vacancies generally

8 Filling of casual vacancies generally

Sch. 1 cl. 8(1) amended by No. 73/2012 s. 94(1) (2)(f)(g), substituted by No. 69/2015 s. 43(1).

(1) A casual vacancy in the office of an elected member, a government appointed member or a Council appointed member must be filled by the election or appointment, as the case requires, of a member to fill the vacancy.

Sch. 1 cl. 8(2) amended by No. 73/2012 s. 94(2)(h), substituted by No. 69/2015 s. 43(2), amended by No. 31/2018 s. 78(1).

(2) A person who is to be elected as a member of the Council must have the like eligibility or qualification (if any) as that of the member whose office has become vacant.

Sch. 1 cl. 8(3) amended by No. 73/2012 s. 94(2)(g)(i), substituted by No. 69/2015 s. 43(3).

(3) Subject to clause 9, the election or appointment must be made by the person or body of persons who or which elected or appointed, as the case requires, the member whose office has become vacant.

Sch. 1 cl. 8(4) amended by Nos 73/2012 s. 94(2)(h), 69/2015 s. 43(4), 31/2018 s. 78(2).

(4) Subject to this Act, a member elected to fill a casual vacancy is entitled to hold office during the remainder of the term of the member whose office the new member fills.

Sch. 1 cl. 8(4A) inserted by No. 31/2018 s. 78(3).

(4A) Subject to this Act, a government appointed member or a Council appointed member who has been appointed to fill a casual vacancy is entitled to hold office for the term, not exceeding 3 years, specified in the member's instrument of appointment.

Sch. 1 cl. 8(5) amended by No. 73/2012 s. 94(1)(2)(f), substituted by No. 69/2015 s. 43(5), amended by No. 31/2018 s. 78(4).

(5) Despite subclauses (4) and (4A), it is not obligatory to fill a casual vacancy for the remainder of the term if—

(a) in the case of a government appointed member or a Council appointed member, the vacancy occurs within 3 months before the expiry of the term of office;

(b) in the case of an elected member, the vacancy occurs within 6 months before the expiry of the term of office.