sec.20ADealing with casual vacancy in office of an elected member

### sec.20A Dealing with casual vacancy in office of an elected member This section applies if a casual vacancy arises in the office of an elected member. If the elected member was elected at a council election, the council must appoint to the office the one person, if any, who— was a candidate for the office in the council election; and was not elected; and received the highest number of votes of all the candidates who were not elected; and is eligible, under this Act, to be a member; and is willing to be, and available to perform the functions of, a member. Subsection (4) applies if— the elected member was not elected at a council election; or no-one is eligible for appointment under subsection (2) . A person is to be elected to the office at a council election. Despite subsection (4) , if the elected member was an undergraduate or postgraduate student, the council may appoint a student of that type to the office. A person appointed under subsection (2) or (5) is taken, other than for subsection (2) or (3) (a) , to have been elected at a council election. s 20A ins 2002 No. 75 s 57 amd 2005 No. 18 s 59 ; 2017 No. 36 s 30 ; 2026 No. 6 s 9K (sec.20A-ssec.1) This section applies if a casual vacancy arises in the office of an elected member. (sec.20A-ssec.2) If the elected member was elected at a council election, the council must appoint to the office the one person, if any, who— was a candidate for the office in the council election; and was not elected; and received the highest number of votes of all the candidates who were not elected; and is eligible, under this Act, to be a member; and is willing to be, and available to perform the functions of, a member. (sec.20A-ssec.3) Subsection (4) applies if— the elected member was not elected at a council election; or no-one is eligible for appointment under subsection (2) . (sec.20A-ssec.4) A person is to be elected to the office at a council election. (sec.20A-ssec.5) Despite subsection (4) , if the elected member was an undergraduate or postgraduate student, the council may appoint a student of that type to the office. (sec.20A-ssec.6) A person appointed under subsection (2) or (5) is taken, other than for subsection (2) or (3) (a) , to have been elected at a council election. - (a) was a candidate for the office in the council election; and - (b) was not elected; and - (c) received the highest number of votes of all the candidates who were not elected; and - (d) is eligible, under this Act, to be a member; and - (e) is willing to be, and available to perform the functions of, a member. - (a) the elected member was not elected at a council election; or - (b) no-one is eligible for appointment under subsection (2) .