Councillor Vacancies – Edstaston and Newtown Wards

There are currently vacancies for Parish Councillors in the Edstaston and Newtown Wards.  As these vacancies have arisen between the ordinary round of elections (normally every 4 years) they are classed as Casual Vacancies.

The formal notifications are placed on notice boards around the Parish.  Copies are also found below.

Edstaston Vacancy Notice    Newtown Vacancy Notice

These notes are to advise of the practice relating to Casual Vacancies and are a general guide only and are not intended as a comprehensive statement of the law.

The Returning Officer is appointed by Shropshire Council, and she is responsible for the conduct of, and arrangements for elections.  However, the Parish Council will assist, where able, with giving advice to prospective candidates prior to elections and, when appropriate, the preliminary arrangements for the filling of Casual Vacancies by co-option.

If you need any more information, please contact the Parish Clerk, or alternatively, Shropshire Council’s Elections Office on 0345 678 9015.

 

The Vacancies

The Parish Council has advertised the vacancies by placing the formal Notices around the Parish and its website.  The vacancies are also advertised on Shropshire Council’s website.  The Notices are to be displayed for 14 days (not including weekends and bank holidays).

 

Term of Office

The next round of Ordinary Parish Council Elections will take place in 2021.  The successful candidates should expect to serve up to the fourth day after the ordinary day of elections.

 

Filling the Vacancy by Election

If during the 14 days of the Notice being displayed, ten electors from within the Ward of the Parish of the vacancy make a request an election to be held.  The following explains the process should an election be requested.

 

Nominations

It is important that nomination papers are completed correctly.  Any papers which are incomplete, incorrect or received by Shropshire Council after the close of nominations cannot be accepted as valid.

Each candidate must be nominated on a separate nomination paper in the prescribed form and give the full names and home address of the candidate.  The nomination paper must be subscribed by a proposer and seconder.  The proposer and seconder must be a local government elector of the Parish Ward.  Their electoral numbers must be given on the nomination paper.  They cannot sign more nomination papers than the number of vacancies to be filled.

 

Qualifications for Candidature

To be qualified to be elected a member of the Parish Council a person must be 18 years of age or over at the date of his/her nomination, and be a Commonwealth citizen, a citizen of the Republic of Ireland, or a citizen of another Member State of the European Community, and either:

  • on that day he/she is and thereafter he/she continues to be a local government elector for the administrative area of the parish; or
  • he/she has during the whole of the twelve months preceding that day occupied as owner or tenant any land or other premises in the parish; or
  • his/her principal or only place of work during that twelve months has been in that area; or
  • he/she has during the whole of those twelve months resided either in the parish or within 4.8 kilometres (3 miles) of it.

Candidates are advised to complete as many of the relevant qualifications as apply.

There are certain disqualifications for election, of which the main (S.80 of the Local Government Act 1972) are:

  • holding a paid office under the authority;
  • bankruptcy;
  • having 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 five years preceding the election; and
  • being disqualified under any enactment relating to corrupt or illegal practices.

 

Consent to Nomination

The nomination is not valid unless the candidate’s consent to nomination, giving in writing on or within one month before the last day for delivery of nomination papers, is delivered at the place and within the time appointed for the delivery of nomination papers.  The consent must be attested by a witness.  Any person may act as a witness to the candidate’s signature.

 

Statement of Persons Nominated

Not later than 12 noon on the seventeenth day before polling day, the Returning Officer is required to publish a statement of persons who stand nominated and of the reasons why any other persons nominated no longer stand nominated.

 

Withdrawal of Candidates

A candidate may withdraw his/her candidature if, not later than 12 noon on the sixteenth day before Polling Day, he/she delivers at the place fixed for the delivery of nomination papers a notice of withdrawal signed by him/her, and attested by one witness.

 

Uncontested Elections

If the number of people remaining validly nominated after any withdrawals does not exceed the number of Councillors to be elected, such people will be declared to be elected as soon as possible after the latest time for the delivery of withdrawals.  The Returning Officer will give notice of their names to the Parish Council and to the public.

 

Contested Elections – Declaration of Result

When the result of the poll is known, The Returning Officer or the appointed Deputy will:

  • declare to be elected the candidate to whom more votes have been given than to the other candidates, up to the number of Councillors to be elected;
  • give notice of the name of each candidate elected to the Parish Clerk;
  • give public notice of the name of each candidate and of the total number of votes given for each (whether elected or not) together with the number of rejected ballot papers.

 

Acceptance of Office

A person elected to the office of Parish Councillor shall before or at the first meeting of the Parish Council after their election or if the Council at the that meeting allows, before or at a later meeting fixed by the Council, make in the presence of a member of the Council or of the proper officer of the Council a declaration of Acceptance of Office (see below).

Failure to do so will mean their office will become vacant (local Government Act 1972, Section 83).

The person making the declaration is now required to observe the Code of Conduct adopted by the Parish Council. Please refer to the section Publications for Wem Rural Parish Council’s adopted Code of Conduct.

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