DISCLAIMER:
This duty is currently under review and has not yet been formally signed off by the relevant professional association. The information provided is for reference only and should not be treated as final or authoritative guidance. Please verify any decisions against approved sources or seek professional advice. Updates will be published once sign-off is complete.
Simple terms explainer:
Councils must ensure that any sudden vacancy—caused by a councillor’s resignation, death, disqualification, or similar—is properly filled according to legal rules. First, the council must publish a notice of the casual vacancy and allow local electors a set period (typically 14 days) to request a by‑election. If at least ten electors do so, a by‑election must be held within three months (unless it’s within six months of the next scheduled election, in which case the seat can remain vacant). If no by‑election is called, the council can instead co‑opt—appoint—a suitably qualified person to the seat.
Legal status
Statutory
Duty category
Corporate services
Duty type
Compliance
Social determinant of health
Social and community context
Emerging policy and legislation
1
Bodies with shared interest
Electoral Commission
Electoral Management Board for Scotland
Society of Local Authority Lawyers and Administrators in Scotland (SOLAR)
Standards and frameworks
3