1. Introduction

This policy sets out the procedure to ensure there is compliance with legislation and continuity of procedures in the co-option of members to Scotton Parish Council, hereafter referred to as SPC. The Co-option procedure is entirely managed by SPC, and this policy will ensure that a fair and transparent process is carried out.

2. Co-option

The Co-option of a Parish Councillor occurs when a casual vacancy has arisen on the Council and no poll (by- election) has been called.   A casual vacancy occurs when:

• A councillor fails to make his declaration of acceptance of office at the proper time.
• A councillor resigns.
• A councillor dies.
• A councillor becomes disqualified; or
• A councillor fails for six (6) months to attend meetings of a council committee or subcommittee or to attend as a representative of the Council a meeting of an outside body.

SPC must notify the District Council of a Casual Vacancy and then advertise the vacancy and give electors the opportunity to request an election. This occurs when ten electors write to the District Council stating that an election is requested.

If a by-election is called, a polling station will be set up by the District Council and the people of the parish will be asked to go to the polls to vote for candidates who will have put themselves forward by way of a nomination paper. SPC will pay the costs of the election. The people of the parish have fourteen days (not including weekends, bank holidays and other notable days), to claim the by-election, but the electoral officer will advise the clerk of the closing date.

If more than one candidate is then nominated a by-election takes place but if only one candidate is put forward, they are duly elected without a ballot.

If ten residents do not request a ballot within fourteen days of the vacancy notice being posted, as advised by the District Council, SPC is able to co-opt a volunteer.

3. Confirmation of Co-option

On receipt, of written confirmation, from the Electoral Services Office from the District Council, the casual vacancy can be filled by means of Co-option, the Parish Clerk will:

• Advertise the vacancy for four weeks on the Council notice boards and website.
• Advise SPC that the Co-option Policy has been instigated.

SPC is not obliged to fill any vacancy.  Even if the Council invites applications for co-option, it is not obliged to select anyone from the candidates who apply.

However, it is not desirable that electors in a particular ward be left partially or full underrepresented for a significant length of time. Neither does it contribute to effective and efficient working of the Council if there are insufficient councillors to share the workload; equitably; to provide a broad cross-section of skills and interests; or the achieve meeting quorums without difficulty.

Councillors elected by co-option are full members of SPC.

4. Eligibility of Candidates

SPC can consider any person to fill a vacancy provided that:

• He/she/they are registered as a local government elector for the parish on the current Electoral Register; or
• has during the whole of the previous twelve months occupied as tenant or owner of any land or other premises in the parish; or
• had his/her/their principal or only place of work in the parish in the previous 12 months; or
• has resided either in the Parish or within 4.8km (3 miles) thereof during the previous 12 months

Under Section 80 (5) of the Local Government Act 1972 there are certain disqualifications for election, of which the main are: -

• holding any paid office or employment of the local authority (other than office of Chairperson) or of a joint committee on which the Council representd; or
• If a person has been adjudged bankrupt or has made a composition or arrangement with his/her/their creditors (but see below); or
• having been sentenced to a term of imprisonment (whether suspended or not) within five years before the day of election, or since his/her/their election been convicted in the UK, Channel Islands or Isle of Man of any offence and been sentenced to imprisonment (whether suspended or not) for not less than three months, without the option of a fine; or
• otherwise disqualified under Part III of the representation of the People Act 1983 for corrupt illegal practices.
• Subject to the notification requirements of the Sexual Offences Act 2003 or Sexual Risk Orders

Candidates found to be offering inducements of any kind will be disqualified.
Disqualification for bankruptcy ceases in the following circumstances:

- If the bankruptcy is annulled on the grounds that either the person ought not to have been adjudged bankrupt or that his/her/their debts have been fully discharged.

- If the person is discharged with a certificate that the bankruptcy was caused by misfortune without misconduct on his/her/their part.

- If the person is discharged without such a certificate.

In (i) and (ii) above, the disqualification ceases on the date of the annulment and discharge, respectively. In (iii), it ceases on the expiry of five years from the date of discharge.

5. Applications

Members may point out vacancies and discuss the co-option process to any qualifying candidate(s). Residents seeking co-option may attend any Parish Council meeting to register their interest in being co-opted, before formally submitting a co-option application form. The Council will allow them to speak and answer questions during the meeting. Should the resident wish to proceed with the process they will be given the co-option procedure policy and eligibility application form to complete to comply with point 5(i) of the Local Government Act 1972.

Residents who do not wish to attend a Council meeting prior to co-option may request a co-option form from the clerk or any serving Councillor. The completed form must be returned to the clerk for circulation to all Council members.

The next suitable council meeting will have an agenda item 'To receive written applications for the office of Parish councillor and to Co-opt a candidate to fill the existing vacancies.  Copies of candidate applications will be circulated to all Councillors by the Clerk at least 3 clear days prior to the meeting of the full Council, when the Co-option will be considered. All such documents will be treated by the Clerk and all Councillors as Strictly Private and Confidential.

Candidates will be sent a full agenda of the meeting at which they are to be considered for appointment. Candidates will also be informed that they will have an opportunity to speak about their application at the meeting.

The procedure for selection should be transparent and made known in advance to all candidates who apply (Local Government Act 1972, sch.12, para 39).

6. At the Co-option Meeting

At the co-option meeting, candidates will be invited to speak and may wish to give information on their background and experience in support of their application. The process will be carried out by adjourning the meeting to allow the candidate to speak. If the Council wish to discuss the merits of candidates which may include personal attributes, and which could be prejudicial or potentially breach data protection regulations, the Council will resolve to exclude the members of the press and public before discussion.  

As soon as all candidates have finished giving their submissions, the council will proceed to a vote on the acceptability of each candidate by a show of hands. The vote of each Council member will be recorded if there are more candidates than vacancies or where the decision to co-opt has not been unanimous.

For a candidate to be elected to SPC, it will be necessary for them to obtain an absolute majority of votes cast (50% + 1 of the votes available at the meeting). If there are more than two candidates and there is no candidate with an overall majority in the first round of voting the candidate with the least number of votes will drop out of the process. Further rounds of voting will then take place with the process repeated until a candidate has an absolute majority. In the case of an equality of votes, the Chairman of the meeting has a second or casting vote.

After the votes has been concluded, the Chairman will declare the successful candidate duly elected and after signing their declaration of acceptance of office, may take their place immediately.

The Clerk will notify Electoral Services of the new Councillor appointment. The successful candidate(s) must complete the ‘registration of interests’ within 28 days of being elected. The form should be handed to the Clerk for forwarding to the Monitoring Officer.

If insufficient candidates come forward for co-option, the process should continue, whereby the vacancies are again advertised and item left on the agenda incompliance of section 5 of the co-option procedure.