QLDIn ForceAct
Local Government Act 2009
sec.338Effect of particular things done under former s 166A
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### sec.338 Effect of particular things done under former s 166A
This section applies if, during the relevant period—
the office of mayor or of another councillor became vacant under former section 162; and
anything was done under former section 166A for filling the vacant office.
From the commencement—
former section 166A does not apply, and is taken never to have applied, for filling the vacant office; and
anything done under former section 166A for filling the vacant office is taken never to have been done.
To remove any doubt, it is declared that if, during the relevant period, the local government filled the vacant office by appointing a runner-up under former section 166A(4)(b), on the commencement—
the office is taken to be vacant, and to have always been vacant since it became vacant during the relevant period; and
the runner-up is taken never to have been appointed.
However, this section does not affect any entitlement to remuneration or other benefits accrued or accruing under an Act, in respect of the appointment period, because of the runner-up’s appointment under former section 166A.
For subsection (4), the appointment period is the period—
starting on the appointment of the runner-up under former section 166A(4)(b); and
ending immediately before the commencement.
Subsections (2) and (3) apply despite the Acts Interpretation Act 1954 , section 20 .
s 338 ins 2020 No. 38 s 52
(sec.338-ssec.1) This section applies if, during the relevant period— the office of mayor or of another councillor became vacant under former section 162; and anything was done under former section 166A for filling the vacant office.
(sec.338-ssec.2) From the commencement— former section 166A does not apply, and is taken never to have applied, for filling the vacant office; and anything done under former section 166A for filling the vacant office is taken never to have been done.
(sec.338-ssec.3) To remove any doubt, it is declared that if, during the relevant period, the local government filled the vacant office by appointing a runner-up under former section 166A(4)(b), on the commencement— the office is taken to be vacant, and to have always been vacant since it became vacant during the relevant period; and the runner-up is taken never to have been appointed.
(sec.338-ssec.4) However, this section does not affect any entitlement to remuneration or other benefits accrued or accruing under an Act, in respect of the appointment period, because of the runner-up’s appointment under former section 166A.
(sec.338-ssec.5) For subsection (4), the appointment period is the period— starting on the appointment of the runner-up under former section 166A(4)(b); and ending immediately before the commencement.
(sec.338-ssec.6) Subsections (2) and (3) apply despite the Acts Interpretation Act 1954 , section 20 .
- (a) the office of mayor or of another councillor became vacant under former section 162; and
- (b) anything was done under former section 166A for filling the vacant office.
- (a) former section 166A does not apply, and is taken never to have applied, for filling the vacant office; and
- (b) anything done under former section 166A for filling the vacant office is taken never to have been done.
- (a) the office is taken to be vacant, and to have always been vacant since it became vacant during the relevant period; and
- (b) the runner-up is taken never to have been appointed.
- (a) starting on the appointment of the runner-up under former section 166A(4)(b); and
- (b) ending immediately before the commencement.