Co-option Policy
Halton Holegate with Fenside Parish Council
Approved: March 2022
1. Introduction
1.1. Halton Holegate Parish council is a small local authority. Its councillors are elected for four years at a time. Vacancies occurring between elections are filled by bye-election (if requested) or co-option.
2. Purpose
2.1. This policy sets out the procedure to ensure there is compliance with legislation and continuity of procedures in the co-option of members of Halton Holegate Parish Council.
2.2. This procedure is based on National Association of Local Councils (NALC) Legal Briefing L15-08 – Good practice for selection of candidates for co-option to local Councils.
3. Casual Vacancies (Co-Option)
Parish Councils are permitted to exercise the power to co-opt a person onto the Council to fill a casual vacancy. A vacancy occurs when:
● A Councillor fails to make his declaration of acceptance at the proper time
● A Councillor resigns;
● A Councillor dies;
● A Councillor fails for six months to attend meetings of the Council
The council clerk will declare the vacancy by posting a note within the parish and notifying the electoral returning officer. The notice will seek to encourage ‘expressions of interest’ by a specified date from anyone in the Parish who is eligible to stand as a Parish Councillor.
All potential candidates will be requested to complete the Co-option application and eligibility forms.
This notice will also confirm that a by-election will be held if at least ten electors request it within 14 days (not including weekends and public holidays). If there is no demand for a by-election, the council will fill the vacancy by co-option.
4. Eligibility Criteria
1. be at least 18 years old
2. be a British citizen, an eligible Commonwealth citizen or a citizen of any member state of the European Union,
3. and meet at least one of the following four qualifications:
a. You are, and will continue to be, registered as a local government elector for the parish/community in which you wish to stand from the day of your nomination onwards.
b. You have occupied as owner or tenant any land or other premises in the parish/community area during the whole of the 12 months before the day of your nomination and the day of election.
c. Your main or only place of work during the 12 months prior to the day of your nomination and the day of election has been in the parish/community area.
d. You have lived in the parish/community area or within 4.8 Kilometres of it during the whole of the 12 months before the day of your nomination and the day of election.
5. Disqualifications
Apart from meeting the qualifications for standing for election, you must also not be disqualified.
There are certain people who are disqualified from being elected to a parish or community council in England and Wales. You cannot be a candidate if at the time of your nomination and on polling day:
● You are employed by the parish/community council or hold a paid office under the parish/community council (including joint boards or committees).
● You are the subject of a bankruptcy restrictions order or interim order.
● You have been sentenced to a term of imprisonment of three months or more (including a suspended sentence), without the option of a fine, during the five years before polling day.
● You have been disqualified under the Representation of the People Act 1983 (which covers corrupt or illegal electoral practices and offences relating to donations). The disqualification for an illegal practice begins from the date the person has been reported guilty by an election court or convicted and lasts for three years. The disqualification for a corrupt practice begins from the date a person has been reported guilty by an election court or convicted and lasts for five years.
6. Applications
Candidates are required to:
● Submit some brief information about themselves (see short application form)
● Confirm their eligibility for the position of Parish Councillor
Following the receipt of the application form and confirmation of eligibility the next suitable Parish Council Meeting will include an agenda item “To receive written applications for the office of Parish Councillor and to co-opt a candidate to fill the existing vacancy” Candidates will be invited to attend the meeting.
Copies of the candidates’ application forms will be circulated to all parish Councillors by the Clerk at least three clear days prior to the meeting of the full Parish Council at which the co- option will be considered.
All documents will be treated by the Clerk/Parish Councillors as strictly private and confidential.
Candidates will be forwarded an agenda of the meeting, by email, and advised that they will be invited to speak at the meeting about their application.
At the next Full Council meeting:
1. The Clerk will confirm that each candidate is qualified to become a Councillor and is not disqualified from being a Councillor as set out in the Local Government Act 1972 s79 and s80;
2. The candidate(s) will be given a maximum of three minutes to introduce themselves, including giving brief information on their background and why they wish to become a member of the Parish Council. Each Councillor will then be given the opportunity to ask one question of each candidate.
3. The meeting will then be closed for Council to consider the applications and members of the public and press will be asked to leave.
4. Voting on the acceptability of each candidate for co-option will then take place. An absolute majority vote is required for each candidate from all members present and entitled to vote (The applicant with the least number of votes cast will be deleted and the vote taken again and again etc. until the number of candidates equals the number of vacancies);
5. Vote to select the order in which acceptable candidates should be approached to offer co- option on this occasion.
6. Candidates will be notified by e-mail of the Council’s decision within 48 hours. The Clerk to approach and offer co-option to candidate(s) after the meeting in the order of priority determined by the vote. If the first choice does not accept the post, then the second is to be approached and so on until the ranking list is exhausted.
7. If the co-option position is filled, the appointment will be formally ratified.
8. The Clerk to notify Electoral Services of the new Councillor Appointment, initiate ‘acceptance of office’ paperwork and ‘registration of interests’
9. If no one accepts the vacant post(s), the whole process will be repeated when new individuals expressing interest are identified or until the next election.
Policy Review
● Halton Holegate Parish Council will review this policy as is necessary and appropriate, or at a maximum of three years after adoption.