sec.85Dealing with casual vacancy in office of convocation elected member at start of, or during, transition period

### sec.85 Dealing with casual vacancy in office of convocation elected member at start of, or during, transition period This section applies if a casual vacancy in the office of an elected member mentioned in section 15(2)(f)— exists at the start of the transition period; or arises during the transition period. If the elected member was elected by a ballot under previous section 15(3) or at a council election, the council may appoint to the office the one person, if any, who— was a candidate for the office in the ballot or 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 by a ballot under previous section 15(3) or at a council election; or no-one is eligible for appointment under subsection (2). The council may appoint to the office a member of the convocation who— is eligible under this Act to be a member; and otherwise meets any nomination requirements under the election policy for the class of elected members mentioned in section 15(2)(f). A person appointed under this section— is appointed for the balance of the term of office of the person’s predecessor; and is taken, other than for subsection (2) or (3)(a), to have been elected at a council election. s 85 ins 2017 No. 36 s 50 (sec.85-ssec.1) This section applies if a casual vacancy in the office of an elected member mentioned in section 15(2)(f)— exists at the start of the transition period; or arises during the transition period. (sec.85-ssec.2) If the elected member was elected by a ballot under previous section 15(3) or at a council election, the council may appoint to the office the one person, if any, who— was a candidate for the office in the ballot or 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.85-ssec.3) Subsection (4) applies if— the elected member was not elected by a ballot under previous section 15(3) or at a council election; or no-one is eligible for appointment under subsection (2). (sec.85-ssec.4) The council may appoint to the office a member of the convocation who— is eligible under this Act to be a member; and otherwise meets any nomination requirements under the election policy for the class of elected members mentioned in section 15(2)(f). (sec.85-ssec.5) A person appointed under this section— is appointed for the balance of the term of office of the person’s predecessor; and is taken, other than for subsection (2) or (3)(a), to have been elected at a council election. - (a) exists at the start of the transition period; or - (b) arises during the transition period. - (a) was a candidate for the office in the ballot or 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 by a ballot under previous section 15(3) or at a council election; or - (b) no-one is eligible for appointment under subsection (2). - (a) is eligible under this Act to be a member; and - (b) otherwise meets any nomination requirements under the election policy for the class of elected members mentioned in section 15(2)(f). - (a) is appointed for the balance of the term of office of the person’s predecessor; and - (b) is taken, other than for subsection (2) or (3)(a), to have been elected at a council election.