g. Co-option

Vacancies may exist following an election in which there were insufficient candidates, or during the term of a council due to resignation, etc. The latter are known as ‘casual vacancies', which must be notified to the local community. Casual vacancies must be referred to the district council (democratic services) who will issue the council with the official notice to be displayed and published.   If a by-election is not required, the Council must endeavour to fill the vacancies by co-option, unless the vacancy has arisen within 6 months of an ordinary election, in which case co-option is optional.

Qualifying criteria

Unless disqualified, under s.79, Local Government Act 1972 a person is qualified to be elected (or co-opted) to a council if they are a qualifying Commonwealth citizen, or an EU citizen, are 18 years of age or over and:

·         on that day they are, and continue to be, an elector for the parish, or

·         during the whole of the previous 12 months have occupied as owner/tenant any land or            other premises in that area, or

·         their principal or only place of work during that 12 months has been in that area, or

·         has resided in, or within three miles of, the Parish for the past 12 months

Disqualification

Under s.80 of the 1972 Act, a person is disqualified from being a Parish Councillor if they:

• hold any paid office or employment with the Parish Council, or
  

• is the subject of a bankruptcy restrictions order, an interim restrictions order, a debt relief restrictions order, or interim order, or
  

• have been sentenced to a term of imprisonment (whether suspended or not) of not less than three months, without the option of a fine during the preceding five years, or 
  

• are subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (Sex Offenders Register), or
  

• have been disqualified under any enactment relating to corrupt or illegal electoral practices.

Applications

A SALC form is available through a link at the bottom of this page. This enables candidates to confirm that they meet the qualifying criteria and are not disqualified, as well as to provide some basic information to help the Council choose in the event of there being more applicants than vacant seats.  

At the meeting

When applications have been received, the co-option should be placed on the agenda of a suitable meeting of the Parish Council.

 Where there are the same number, or less, eligible candidates than vacancies, the Council shall resolve to co-opt them to the Council.

Where there are more candidates than vacancies, the Council select the required number by a process of voting.  The selection will be an open, fair process with the public and candidates (unless they choose to leave) present. Each candidate can be given an opportunity to address the Council should they wish. All valid applications will be considered, including those of candidates not present.

In cases of more than one vacancy, each will be dealt with separately. Members will be asked to vote for their preferred candidate. An absolute majority is required and if there are more than two candidates, the process in (model) standing order 8 will be followed.

Once the process has been completed, the Council then co-opts them to the Council with a formal resolution. The successful candidates take office immediately and can take part in the remainder of the meeting should they wish to do so.

New councillors must make a declaration of acceptance of office. While the law requires the declaration to be made at, or before, the next meeting (or a later meeting agreed by Council), it is often completed there and then.

All councillors are required under the Localism Act 2011 to complete a 'Notification of Disclosable Pecuniary and Other Interests' form within 28 days of taking office. The Clerk to the Council will forward this to the Monitoring Officer of the district council.

 Use this link to access SALC guidance and application form