s. 38 Part 4A of Schedule 3 or with Schedule 3A; and (b) either— (i) the vacancy occurs more than 6 months S. 37A(1)(b)(i) amended by before a general election is due; or No. 109/2003 s. 18(1). (ii) the Council decides to fill the vacancy S. 37A(1)(b)(ii) amended by within 6 months before a general No. 109/2003 election is due. s. 18(1). (2) The extraordinary vacancy is to be filled in accordance with Schedule 3A. (3) This section overrides any provision to the contrary in section 38. (4) An election to fill an extraordinary vacancy to which this section applies must be conducted— (a) by the returning officer who conducted the election at which the person whose departure created the extraordinary vacancy was elected; or (b) if that is not possible, by the deputy returning officer at that election; or (c) if that is not possible, by a returning officer appointed in accordance with this Act. 38 By-elections (1) Unless subsection (1AA) applies, an election to S. 38(1) amended by fill an extraordinary vacancy must be held on a Nos 125/1993 Saturday which is not later than the 100th day s. 14(e), 54/1998 s. 8, after the extraordinary vacancy. substituted by No. 109/2003 s. 18(2), amended by No. 35/2008 s. 15(1).
Part 4A of Schedule 3 or with Schedule 3A; and (b) either— S. 37A(1)(b)(i) amended by No. 109/2003 s. 18(1). (i) the vacancy occurs more than 6 months before a general election is due; or S. 37A(1)(b)(ii) amended by No. 109/2003 s. 18(1). (ii) the Council decides to fill the vacancy within 6 months before a general election is due. (2) The extraordinary vacancy is to be filled in accordance with Schedule 3A. (3) This section overrides any provision to the contrary in section 38. (4) An election to fill an extraordinary vacancy to which this section applies must be conducted— (a) by the returning officer who conducted the election at which the person whose departure created the extraordinary vacancy was elected; or (b) if that is not possible, by the deputy returning officer at that election; or (c) if that is not possible, by a returning officer appointed in accordance with this Act. 38 By-elections S. 38(1) amended by Nos 125/1993 s. 14(e), 54/1998 s. 8, substituted by No. 109/2003 s. 18(2), amended by No. 35/2008 s. 15(1). s. 38 (1) Unless subsection (1AA) applies, an election to fill an extraordinary vacancy must be held on a Saturday which is not later than the 100th day after the extraordinary vacancy.