LOCAL GOVERNMENT ACT 1995 - SCHEDULE 4.2
LOCAL GOVERNMENT ACT 1995 - SCHEDULE 4.2
[Section 4.78(2)]
1. As near as practicable to ½ of the total
number of councillors as the returning officer determines are to retire every
2 years.
2. Unless clause 3 applies, if the district is
divided into wards, as near as practicable to ½ of the councillors
representing each ward as the returning officer determines are to retire every
2 years in an election year.
3. If it is not practicable for any reason for
clause 2 to operate consistently with clause 1, clause 1 prevails to the
extent of any inconsistency between them.
4. Councillors are only to retire in an election
year.
5. In determining the order of retirement from
office the returning officer is, so far as practicable, to ensure that each
councillor has a term of 4 years but in order to apply clauses 1, 2, 3 and 4,
the returning officer may fix a term of less than 4 years.
6. If the district is not divided into wards, the
retirement from office of councillors is to be in inverse order to that in
which they were elected, and where there are 2 or more councillors who were
elected unopposed, the returning officer is to draw lots in accordance with
regulations to determine the order of their retirement.
7. If the district is divided into wards, the
retirement of councillors representing each ward is to be in inverse order to
that in which they were elected, and where there are 2 or more councillors who
were elected unopposed, the returning officer is to draw lots in accordance
with regulations to determine the order of their retirement.
7A. For the purposes of clauses 6 and 7 —
(a) if 2
or more councillors were elected under Schedule 4.1 clause 8(5) —
(i)
the order of their election is to be determined by
reference to the number of first-preference votes that each had, with the
councillor having the highest number of first-preference votes being regarded
as having been elected first and so on; and
(ii)
if 2 or more of those councillors had the same number of
first-preference votes — the returning officer must draw lots in
accordance with regulations to determine the order in which the councillors
with the same number of first-preference votes were elected;
and
(b) if 2
or more councillors were elected under Schedule 4.1 clause 9(4), 10(4) or
11(6) on the completion of the same transfer of votes —
(i)
the order of their election is to be determined by
reference to the number of votes that each had on the completion of that
transfer, with the councillor having the highest number of votes being
regarded as having been elected first and so on; and
(ii)
if 2 or more of those councillors had the same number of
votes on the completion of that transfer — clause 7B applies for the
purpose of determining the order in which the councillors with the same number
of votes were elected;
and
(c) if 2
or more councillors were elected under Schedule 4.1 clause 14 —
(i)
the order of their election is to be determined by
reference to the number of votes that each had when they were elected, with
the councillor having the highest number of votes being regarded as having
been elected first and so on; and
(ii)
if 2 or more of those councillors had the same number of
votes when they were elected — clause 7B applies for the purpose of
determining the order in which the councillors with the same number of votes
were elected;
and
(d) if
section 4.73(3)(b) applies —
(i)
the order of the election of the councillors who are
elected unopposed is to be determined by reference to the number of
first-preference votes that each had (after any alterations required under
section 4.73(5)(a)), with the councillor having the highest number of
first-preference votes being regarded as having been elected first and so on;
and
(ii)
if 2 or more of those councillors had the same number of
first-preference votes (after any alterations required under
section 4.73(5)(a)) — the returning officer must draw lots in accordance
with regulations to determine the order in which the councillors with the same
number of first-preference votes were elected.
7B. For the purposes of clause 7A(b)(ii) and
(c)(ii), the order in which the councillors with the same number of votes were
elected —
(a) is
to be determined by reference to the votes that each had on the completion of
the last count or transfer of votes under Schedule 4.1 Division 3 at which
each had a different number of votes, with the councillor having the highest
number of votes being regarded as having been elected first and so on; but
(b) if
there was no such count or transfer — is to be determined by the
returning officer drawing lots in accordance with regulations.
8. If it is necessary to determine the order of
retirement as between councillors representing different wards, the councillor
who receives the highest percentage of first-preference votes cast on his or
her election is to retire last and —
(a)
where a councillor has been elected unopposed he or she is to be regarded as
having received 100% of the first-preference votes cast; and
(b)
where 2 or more councillors have an equality of the percentage of
first-preference votes cast the returning officer is to draw lots in
accordance with regulations to determine the order of their retirement.
9. If a question arises as to the order of
retirement of persons occupying the office of councillor, the order of
retirement as between a person appointed under section 4.57(3) and another
person or other persons —
(a) so
appointed to the office of councillor on the same day, is that determined on
the drawing of lots in accordance with regulations by the returning officer;
or
(b) so
appointed to the office of councillor on different days, is in inverse order
of the date of appointment; or
(c)
elected to the office of councillor, is such that persons so elected retire
after persons so appointed.
10. In this Schedule —
first-preference vote has the meaning given in
Schedule 4.1 clause 1;
votes has the meaning given in Schedule 4.1 clause
7.
[Schedule 4.2 amended: No. 9 of 2007 s. 6; No. 15
of 2009 s. 6; No. 11 of 2023 s. 93-98.]