§ Mr. BeithI beg to move amendment No. 74, in page 22, line 6, after 'may', insert
'after a period of 60 days (computed according to rules concerning the conduct of elections of parish or community councillors made or having effect as if made under section 36 of the principal Act) has elapsed from the day on which the returning officer published the names of the newly elected councillors.'.521 Amendment No. 74 relates to clause 20, which was inserted in the Bill at the request of the National Association of Local Councils to save the costs of holding a further full-scale election to fill vacancies caused by insufficient nominations. The clause enables the validly nominated councillors, who are elected unopposed, to fill the remaining seats by co-option if the number of new councillors constitutes a quorum. To deal with the possibility that they may fail for some reason to co-opt, a residual power is given to the district council to fill the vacancies. The amendment seeks to ensure that the newly elected councillors are given a specified time in which to act before the district council can act in their place.If no time is specified, councillors may accuse a district council of jumping the gun. The amendment provides for a period of 60 days, computed according to the time limits in the election rules. It would be unreasonable if parish councillors intended to co-opt and were making reasonable local inquiries, only to find that in the meantime the district council had jumped in and exercised its powers instead. I hope that the Minister will consider this suggestion, as it comes directly from the association.
§ Mr. MellorI am grateful to the hon. Member for Berwick-upon-Tweed (Mr. Beith). As he rightly said, clause 20 derives from consultations with the National Association of Local Councils, and the position is precisely as he described it. The wording of clause 20 is intended to imply that a district council should not step in until it receives notification from the parish or community council to the effect that the parish or community council has tried to co-opt and failed.
The hon. Gentleman seeks to provide a period of 60 days. I have thought about that and sought advice on it. It seems that 12 weeks, which would be the effect of his proposal allowing for dies non, may be rather long. However, as the hon. Gentleman has drawn my attention to this point, I shall certainly be more than prepared to require, by means of an amendment that the Government will introduce later, that the power of co-option be exercised within the seven-week period, during which a fresh election must at present be held under section 39(1) of the Representation of the People Act 1983. I am happy to give the hon. Gentleman that undertaking.
§ Mr. BeithI am grateful to the Minister for that helpful undertaking. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 20 ordered to stand part of the Bill.
Clauses 21 and 22 ordered to stand part of the Bill.
Schedule 2 agreed to.
Clause 23 ordered to stand part of the Bill.