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The Somerset (Structural Changes) Order 2022

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District council by-elections

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14.—(1) Subject to paragraph (2), nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) authorises the holding of an election to fill a casual vacancy in the office of councillor of any of the district councils where that vacancy arises after 30th September 2022 and before 1st April 2023.

(2) Where, on the occurrence of a vacancy mentioned in paragraph (1) or in the case of a number of simultaneous vacancies, the total number of unfilled vacancies in the membership of one of the district councils exceeds one third of the whole number of members of that council an election to fill the vacancy shall be held in accordance with section 89 of the 1972 Act.

(3) Where, in the circumstances mentioned in paragraph (2), the declaration mentioned in section 89(1)(a) of the 1972 Act has been made or the notice in writing mentioned in section 89(1)(b) of the 1972 Act has been given within thirty-five days of 1st April 2023 (computed in accordance with section 243(4) of the 1972 Act) an election shall not be held and any proceedings required by the Local Elections (Principal Areas) (England and Wales) Rules 2006(1) shall not be commenced.

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