264Filling of vacancies

264 Filling of vacancies (1) If the number of candidates exceeds the number of vacancies to be filled at an election in a ward, an election must be held for that ward. (2) If— (a) the number of candidates; or (b) the withdrawal, retirement or death of a candidate— means that the number of candidates is equal to or less than the number of vacancies to be filled at an election in a ward, the election manager must declare the candidate or candidates to be elected and give notice of the declaration. (3) If the election manager declares the candidate or candidates to be elected under subsection (2), the declaration must be made— (a) in the case of a general election, as soon as practicable on or after election day; or (b) in the case of a by-election, as soon as practicable after the close of nominations. (4) If a by-election is required following the death or retirement of a candidate, the vacancy is deemed to have occurred on election day. (5) If there are no candidates for an election the election fails and the election manager must give notice that the election has failed. (6) A vacancy caused if— (a) there is no candidate; or (b) the number of candidates is less than the number of vacancies— is to be treated as an extraordinary vacancy occurring on the nomination day. (7) A vacancy to which subsection (6) applies is to be filled at a by-election held using the voters' roll certified for the general election in respect of which the vacancy has arisen. (8) The election manager must give notice of— (a) an election under subsection (1); and (b) an extraordinary vacancy under subsection (6). (9) A notice under subsection (8) must include the matters prescribed by the regulations.