1 Definitions In this Schedule— means a person who— eligible candidate (a) was a candidate at the relevant election; and (b) did not withdraw or retire from, and was not elected at, that election; and (c) is still eligible to be elected as a Councillor; means the election at which the relevant election vacating Councillor was elected; means the person whose vacating Councillor departure created the extraordinary vacancy (even if that person never became a Councillor). 2 Exclusion of candidate Sch. 3A cl. 2 substituted by No. 35/2008 (1) The returning officer must exclude from s. 33. participation in a countback any candidate which the returning officer knows has died or has otherwise ceased to be eligible to be elected as a Councillor. (2) An exclusion under subclause (1) may be made— (a) before the public notice is published under clause 6; or (b) after the public notice is published under clause 6 unless the countback procedure has been commenced. 3 Filling of multiple vacancies (1) If there is more than one extraordinary vacancy to be filled at any time, the extraordinary vacancy that occurred first is to be filled first.
1 Definitions In this Schedule— eligible candidate means a person who— (a) was a candidate at the relevant election; and (b) did not withdraw or retire from, and was not elected at, that election; and (c) is still eligible to be elected as a Councillor; relevant election means the election at which the vacating Councillor was elected; vacating Councillor means the person whose departure created the extraordinary vacancy (even if that person never became a Councillor). Sch. 3A cl. 2 substituted by No. 35/2008 s. 33. 2 Exclusion of candidate (1) The returning officer must exclude from participation in a countback any candidate which the returning officer knows has died or has otherwise ceased to be eligible to be elected as a Councillor. (2) An exclusion under subclause (1) may be made— (a) before the public notice is published under clause 6; or (b) after the public notice is published under clause 6 unless the countback procedure has been commenced. 3 Filling of multiple vacancies (1) If there is more than one extraordinary vacancy to be filled at any time, the extraordinary vacancy that occurred first is to be filled first.
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