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Is informing applicants of the ten elector rule a legal requirement

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Recently our Parish council carried out interviews for a position on the council, there were two applicants. The position was advertised but the notices did not inform the applicants or the public of the ten elector rule, i.e. that ten electors could ask for the appointment to be decided by election rather than by interview, the council were advised they should have done this by the Local authority. Another vacancy arose and they did exactly the same thing even though they, the council were informed four weeks before the second interview that this should have been done. I understand that it is a legal requirement that the vacancy notices be posted and advertised, but is it equally a legal requirement that on these vacancy notices the applicants and electors be advised of this ten elector rule? If someone can please give me a definitive answer it would be greatly appreciated.

asked by (140 points)

1 Answer

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All vacancies for members of a town or parish council must be notified to to the electoral team at the principal authority who will issue a statutory notice which the parish or town council must display. Only if less than ten qualifying electors for the parish or ward notify the electoral dept. (usually the Returning Officer) by the specified deadline can the existing members co-opt to fill the vacancy. Exceptions do apply within six months of a statutory election. The principal authority will issue best practice guidance for the co-option process.
answered by (3.9k points)

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