(1)  If the Governor receives –

(a) the resignation of a Member of the Assembly pursuant to section 15 of the Constitution Act 1934 ; or

(b) a notice under subsection (2) informing the Governor that a seat in the Assembly has become vacant; or

(c) a notice from a returning officer that in accordance with section 90(4) a vacancy has been taken to have occurred –

the Governor is to inform the Commissioner of the vacancy.

(2)  If a vacancy occurs in the Assembly otherwise than because of –

(a) the resignation of the Member; or

(b) the dissolution of the Assembly or the expiry of the term for which Members of the Assembly were elected at an Assembly general election; or

(c) the failure or partial failure of an election in respect of an Assembly division –

the Speaker of the Assembly must, by notice signed by him or her, inform the Governor that the seat has become vacant.

(3)  Subject to section 232 , if the Commissioner is informed of a vacancy under subsection (1) he or she is to, if satisfied that it is practicable to fill the vacancy by recount as provided in this Part, publish a notice which is to –

(a) be in an approved form; and

(b) be published as soon as practicable in at least one newspaper approved for the purpose and circulating generally in the relevant division; and

(c) give notice of the vacancy; and

(d) call for nominations from eligible persons to contest a recount to fill a vacancy in accordance with this Part.