Part 2Elections and polls to be held

Part 2—Elections and polls to be held 5—Periodic elections Elections to determine the membership of each council must be held in accordance with this Act at intervals of 4 years on the basis that voting at the elections will close at 5 pm on the third to last business day before the second Saturday of November in 2026, at 5 pm on the third to last business day before the second Saturday of November in 2030, and so on. 6—Supplementary elections (1) Subject to this section, if— (a) an election (other than a supplementary election) wholly or partially fails or is declared void; or (b) a casual vacancy occurs in the office of a member of a council, a supplementary election will be held to fill the office or offices not filled by the election, or the office that has become vacant. (2) A supplementary election will not be held to fill a casual vacancy if— (a) the vacancy occurs within 12 months before polling day for— (i) a periodic election; or (ii) a general election (other than a periodic election) if the date of that polling day is known at the time of the occurrence of the vacancy; or (ai) paragraph (c) does not apply; and (i) the vacancy is for an office other than mayor; and (ii) the area of the council is not divided into wards; and (iii) — (A) if the council has 9 or more offices (excluding the office of mayor)—there is no more than 1 other vacancy in the office of a member of the council; or (B) in any other case—there is no other vacancy in the office of a member of the council; and (iv) it is a policy of the council at the time the vacancy occurs that it will not fill such a casual vacancy or vacancies until the next general election; or (c) the vacancy— (i) is for an office of a member of the council, other than— (A) mayor; or (B) a member who was declared elected under section 25(1); and (ii) occurs— (A) within 12 months after polling day for a periodic election or a designated supplementary election; or (B) after the close of nominations for a designated supplementary election and before polling day for that election, (and can be filled in accordance with section 6A) (the subsequent vacancy). (3) However, if— (a) 1 or more vacancies have not been filled due to the operation of subsection (2)(b); and (b) another vacancy occurs in the office of a member; and (c) the other vacancy has not occurred within 12 months before polling day for— (i) a periodic election; or (ii) a general election (other than a periodic election) if the date of that polling day is known at the time of the occurrence of the vacancy, then a supplementary election must be held to fill the vacant offices. (4) If— (a) a casual vacancy has occurred; and (b) a supplementary election is not to be held by virtue of the operation of subsection (2)(b), any subsequent revocation or alteration of a policy of the council in force for the purposes of subsection (2)(b) cannot have effect so as to require the casual vacancy to be filled before the next general election. (4a) If, before the close of nominations for a designated supplementary election, another vacancy (the subsequent vacancy) occurs in the office of a member of the council (other than in the office of mayor), the subsequent vacancy may be filled by the designated supplementary election. (4b) If the subsequent vacancy is to be filled by the designated supplementary election— (a) the returning officer must give public notice that the vacancy will be filled by that election; and (b) the material accompanying the voting papers to be issued under section 39 for the designated supplementary election must advise voters that the vacancy will be filled by that election. (5) Subject to this Act, a supplementary election must be held as soon as practicable after the occasion for the election arises. (6) The returning officer must, by public notice, fix a day as polling day for the supplementary election. (7) A notice under subsection (6) must also fix— (a) a day for the close of the voters roll for the purposes of the election (the closing date); and (b) the time at which voting at the election will close on polling day. designated supplementary election means— (a) if the area of the council is not divided into wards—a supplementary election held to fill an office or offices of the council; or (b) if the area of the council is divided into wards—a supplementary election held to fill an office or offices of the ward in which the subsequent vacancy has occurred. 6A—Filling vacancy in certain circumstances (1) If— (a) a casual vacancy has occurred; and (b) a supplementary election is not to be held by virtue of the operation of section 6(2)(c), the vacancy will be filled in accordance with this section. (2) For the purposes of subsection (1)— (a) the returning officer must, in accordance with the regulations, determine the candidate— (i) in the most recent election for the relevant office; or (ii) if a supplementary election is not to be held by virtue of the operation of section 6(2)(c)(ii)(B)—in the designated supplementary election referred to in that subsubparagraph, to fill the vacancy (a successful candidate); and (b) the returning officer must ascertain (in such manner as the returning officer thinks fit) whether the candidate who becomes a successful candidate— (i) is still willing to be elected to the relevant office; and (ii) is still eligible to be elected to the relevant office; and (i) if the person then indicates to the returning officer (within 1 month) that they are so willing and eligible, the returning officer will declare the person elected; or (ii) if the person then indicates to the returning officer (within 1 month) that they are not willing or eligible, or the person does not respond to the returning officer within 1 month, the returning officer must determine the next successful candidate in accordance with the regulations and so on until the vacancy is filled or there are no candidates still willing and eligible to be elected to the relevant office. 7—Failure of election in certain cases (1) If, after nominations have closed for an election, it appears that the number of candidates nominated to contest the election is less than the number of persons required to be elected, the election will be taken to have partially failed (in respect of the office or offices not filled under section 25). (a) between the close of nominations and the close of voting— (i) a nominated candidate dies; or (ii) a nominated candidate becomes ineligible to be a candidate for election as a member of a council in accordance with section 17; and (b) the election is to fill one vacancy, the election will be taken to have wholly failed. (4) If between the close of nominations and the close of voting two or more candidates die or become ineligible to be candidates for election as members of a council in accordance with section 17, the election will be taken to have wholly failed. 8—Failure or avoidance of supplementary election (1) If a supplementary election wholly or partially fails or is declared void, the council must appoint a person or persons (being an elector or electors for the area) to the office or offices not filled by the supplementary election. (1a) If the returning officer declares the nominated candidate or candidates elected under section 25(1a) but not all vacancies are filled, the council must appoint a person or persons (being an elector or electors for the area) to the office or offices that remain unfilled. (2) A council must not appoint a person to an office in pursuance of subsection (1) or (1a) unless the person— (a) would, if an election were held to fill the office, be eligible to stand as a candidate for election to the office; and (b) has made a declaration of eligibility in the prescribed form. 9—Council may hold polls (1) A council may hold a poll whenever the council considers that it is necessary, expedient or appropriate for a poll to be held. (2) A poll may be held on any matter within the ambit of the council's responsibilities, or as contemplated by the Local Government Act 1999. (3) The council must fix a day as polling day for the poll by notice published on the council website. (4) A notice under subsection (3) must also fix a day for the close of the voters roll for the purposes of the poll (the closing date). (5) The returning officer of a council will conduct all polls of the council. (6) Voting at a poll will close at the time determined by the returning officer.