Sch. 2 10 Filling of vacancies (1) If— (a) the number of candidates; or * * * * * Sch. 2 cl. 10(1)(b) repealed by No. 15/1992 s. 17(c). Sch. 2 (c) the withdrawal, retirement or death of a cl. 10(1)(c) candidate— amended by Nos 76/1995 s. 15, 109/2003 s. 36(1). means that the number of candidates is equal to or less than the number of vacancies to be filled at an election, the returning officer must declare the candidate or candidates to be elected and give public notice of the declaration. (2) If the returning officer declares the candidate or candidates to be elected under subclause (1)(a), the declaration must be made— (a) in the case of a by-election, immediately Sch. 2 cl. 10(2)(a) after 12 noon on the 32nd day before amended by Nos 76/1995 election day; or s. 13(c), 54/1998 s. 13(1), 35/2008 s. 26(1)(2). Sch. 2 (b) in the case of any other election, in cl. 10(2)(b) accordance with clause 23. amended by No. 109/2003 s. 36(2). (2A) If a by-election is required following the death or Sch. 2 cl. 10(2A) resignation of a candidate, the vacancy is deemed inserted by to have occurred on election day. No. 109/2003 s. 36(3).
10 Filling of vacancies (1) If— (a) the number of candidates; or Sch. 2 cl. 10(1)(b) repealed by No. 15/1992 s. 17(c). * * * * * Sch. 2 cl. 10(1)(c) amended by Nos 76/1995 s. 15, 109/2003 s. 36(1). (c) the withdrawal, retirement or death of a candidate— Sch. 2 means that the number of candidates is equal to or less than the number of vacancies to be filled at an election, the returning officer must declare the candidate or candidates to be elected and give public notice of the declaration. (2) If the returning officer declares the candidate or candidates to be elected under subclause (1)(a), the declaration must be made— Sch. 2 cl. 10(2)(a) amended by Nos 76/1995 s. 13(c), 54/1998 s. 13(1), 35/2008 s. 26(1)(2). (a) in the case of a by-election, immediately after 12 noon on the 32nd day before election day; or Sch. 2 cl. 10(2)(b) amended by No. 109/2003 s. 36(2). (b) in the case of any other election, in accordance with clause 23. Sch. 2 cl. 10(2A) inserted by No. 109/2003 s. 36(3). (2A) If a by-election is required following the death or resignation of a candidate, the vacancy is deemed to have occurred on election day.
89-11a125.docx