Guidance for Returning Officers administering Local Government Elections in England

Notice of Vacancy

The local authority is required to publish a public notice whenever there is a casual vacancy.1 There is no prescribed form for the notice, but it should state the local authority and the area in which the vacancy has arisen along with any other appropriate information, such as the number of electors required to call a by-election, if relevant. More guidance is available in Requests to hold a by-election.

The notice of vacancy must be published immediately where the authority has declared the seat vacant because of a failure to attend meetings or because a councillor has become disqualified or ceases to be qualified.2

In all other cases the notice should be published as soon as practicable after the date on which the vacancy is deemed to have occurred.3
 
A notice of vacancy must also be published even where no election can be held as a result of the six-month rule. In that case, the notice would not include an invitation to electors to request a by-election but should include the date of the next scheduled election at which the seat is to be filled. More guidance is available on the six month rule
 

Parish council elections

The parish council is responsible for publishing the notice of vacancy.4
 
For a parish council, the notice of vacancy should state that any notice requesting a by-election must be made to the Proper Officer of the relevant principal area council and give an address for any request to be sent to.5  

Diweddarwyd ddiwethaf: 4 Tachwedd 2022