PARISH VACANCIES & PARISH POLLS - GUIDANCE NOTES FOR PARISH COUNCILS

This webpage has been designed to provide guidance to Parish Clerks regarding the procedures to be followed for both scheduled and casual vacancies.  There is also some guidance provided regarding Parish Polls.

(A)  VACANCIES

Each Parish Council will have a number of Parish Councillors who have either been ELECTED or CO-OPTED.  The usual period of office is 4 years, from one election to the next scheduled election.  However if any Parish Councillor resigns or becomes disqualified during that period, a replacement Parish Councillor needs to be appointed to serve for the remainder of that term of office.

The following flowchart outlines when the election procedure and when the co-option procedure should be followed:-

  (Microsoft Word - 28 KB)

(1)  Scheduled Parish Elections:

Scheduled Parish Council Elections are usually held on the first Thursday in May and are usually "combined elections" held in conjunction with other local elections for District Councillors. 

Notices of Election are distributed to Parish Clerks for local display/advertisement shortly before the nomination period commences.  

Nomination papers are available directly from the Parish Clerk or from the Electoral Services Office once the election period commences.  Everyone who wishes to stand as a Councillor MUST complete and return a nomination paper in accordance with the statutory timetable.  It is the responsibility of each individual Candidate (not the local Parish Clerk) to ensure that his/her nomination paper is received by the Returning Officer before the close of the nomination period.  Any that are incomplete, incorrect or received after the close of poll cannot be accepted as valid.  If that person was previously a Parish Councillor, he/she will no longer be a serving member of the Parish Council if his/her paper has been rejected by the Returning Officer. 

A parish nomination paper must contain the name and contact details of the Candidate who is standing, an optional description, and their date of birth.  It must be witnessed and have the name and poll number of a supporter and seconder.  It should also contain the grounds of validity to be a candidate, which can be one or more of five set criteria.

If more people wish to stand than there are seats on the Parish Council, then a poll will be held and a Notice of Poll will be sent to Parish Clerks for display in the vicinity to inform electors when Polling Day will be and at what locations electors can cast their vote.  Poll Cards are also usually sent out to all eligible electors direct, although if it is not a combined poll, then the Parish Clerk must decide whether Poll Cards will be issued or not.

If no poll is required (ie. there are fewer nominations received than seats available), then the candidates who have put themselves forward are elected unopposed.

If any seats remain unfilled, new members may be co-opted to serve on the Parish Council, but if the vacancy remains unfilled, the Parish may be asked to hold another election.

At the end of the election period - even if no poll has taken place - each Candidate (whether successful or not) MUST submit a Statement of Election Expenses/Declaration to show the expenses (if any) incurred as part of their nomination campaign.  These documents are available for public inspection and failure to return one is a reportable electoral offence.

(2)  Casual Vacancies/Co-Options:

If a Parish Councillor resigns, becomes disqualified or dies during their term of office, providing that there is more than 6 months to run before the next scheduled election, then the Parish Council can co-opt a new member.  However, they must first advertise the vacancy to give electors the chance to request a poll.

In the case of a resignation, written notice must be received by the Parish Clerk.  There has recently been some discussion nationally as to whether or not an e-mail constitutes "written" notice.  The general advice issued, is that if the Parish Chairman is satisfied that it has been sent by the resigning Parish Councillor, then it should be accepted as valid.  However, it may be safer to insist upon the receipt of something (whether typed or handwritten) bearing the writer's signature.  The 1972 Act had not anticipated that e-mail would become such an important tool and so no formal provision for its acceptance currently exists.  It could however be regarded as churlish if a resignation by e-mail were to be rejected by the Parish Council, although it should also be noted that there is no provision to withdraw a resignation once submitted! 

After the notification has been received and in order to start the process off, a Notice of Vacancy should be displayed locally by the Parish Clerk - blank sample Notice attached:-

   (Microsoft Word - 20.0 KB)

A copy of the completed Notice should also be sent by the Parish Clerk to the Elections Office at the Guildhall, who will make arrangements to advertise the vacancy at the Guildhall and on their website. 

Local electors have 14 days (not counting a Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday or any Bank Holiday) from the date of the Notice to claim an election.  Support for an election must be made by 10 eligible electors and they must write to the Returning Officer at the Guildhall to request a poll.

• If such a request is received, the Elections Office will contact the Parish Clerk to let them know and will start making arrangements for the poll. 
• If such a request is not received, the Elections Office will contact the Parish Clerk to grant them permission to co-opt a new Parish Councillor.

Once a new Parish Councillor has been co-opted, the Parish Clerk should complete the following documentation:-

(B)  PARISH POLLS:

A Parish Poll may be demanded to deal with a specific local topic at parish level only - there is no provision for a ward poll.  Parish Polls are covered by Sections 9 and 13 of Schedule 12 (Part III) of the Local Government Act 1972 and The Parish & Community Meetings (Polls) Rules 1987. 

Certain criteria must be met in order to hold a Parish Poll, and this is outlined as follows:-

Convene a Parish Meeting:  A Parish Meeting may be convened by the Chairman of the Parish Council, or by 2 Councillors of the Parish, or by 6 local government electors of the parish.  Proper notice of the meeting must be given not less than 7 clear days before the meeting.  The Notice must specify the time (not before 6pm) and place of the meeting (not on premises used for the supply of alcohol, unless there are no other suitable venues), the business to be transacted, and must be advertised in some conspicuous place locally.

Chairing the Meeting:  If the Chairman of the Parish Council attends, he/she shall preside over the meeting.  If he/she is not present and the Vice-Chairman of the Parish Council is present, then he/she shall preside instead.  If neither are present, the meeting may appoint a chairman who will assume the usual powers and authority, including having a casting vote. 

Voting at the Meeting:  Each local government elector present has one vote on an issue.  A copy of the electoral register may be obtained to determine who is eligible to vote.

Minutes of the Meeting:  These shall be drawn up and entered into a book provided for the purpose and shall be signed at the same or the next parish meeting by the Chairman. 

Call for a Poll:  A poll may be demanded before the end of a parish meeting on any question arising, but shall only be held if so demanded by either 10 or one third of the local government electors present, whichever number is the smaller.  The parish meeting does not vote on whether or not to have a poll, once this call has been made.

The Question:  The meeting should however vote on the question to be put and the chairman should ensure that the question can be voted for by either answering "YES" or "NO".  Once the wording has been agreed at the meeting, the question cannot be changed.  The proposer of the question becomes a key figure in the subsequent poll, and he/she will have many of the rights of a candidate at other elections (eg. may appoint polling agents and counting agents).

Notification to the Returning Officer:  The chaiman of the meeting has a duty to provide the Returning Officer with the following:

• the question
• the name and address of the proposer of the question
• the date of the parish meeting

The Polls Rules do not stipulate a time limit for this notification, but this should be submitted as soon as possible to allow the Returning Officer to meeting the statutory deadlines.

Preparations for the Poll:  Polling will take place between the hours of 4pm and 9pm only, and will be held between 14 and 25 days after the poll was demanded.  A Notice of Poll needs to be published 5 days before polling day.  Polling and/or counting agents may be appointed by the proposer of the question 3 days before polling day.  In each case above, these days are calculated excluding Saturdays, Sundays and Bank Holidays).

Poll Cards and Postal/Proxy Votes:  There is no provision for poll cards for a parish poll, however it may be considered prudent to issue these to inform electors, but the cost will be entirely borne by the Parish.  No postal nor proxy voting is permitted in a Parish Poll.

The Count: 

• Only the Returning Officer, his clerks, the proposer of the question and any counting agents may attend the count.  The Returning Officer may also invite persons to attend (eg. members of the Parish Council or local Councillors). 
• There is no provision for the proposer of the question to call for a recount. 
• The Notice of Result must be given by the Returning Officer.

Conclusion:  The outcome of the poll is no more and no less than an expression of the views of the electorate of the parish who have voted in the poll.  The result of a parish poll is not legally binding.

The costs of a parish poll will be recharged to the relevant Parish Council in accordance with Section 150 (2 and 7) of the Local Government Act 1972.

For any further information on any of the above topics, please contact the Elections Office at the Guildhall on 01743 - 281145.