Adopted 23 October 2023 • Next Review Date: October 2025

1. Introduction

This policy sets out the procedure to ensure compliance with legislation and continuity of procedures in the co-option of members to Perranzabuloe Parish Council (PPC). The co-option procedure is managed by PPC to ensure a fair and equitable process. Co-option occurs when an ordinary vacancy remains after the four-yearly elections or when a casual vacancy arises and no poll (by-election) is called. Perranzabuloe Parish comprises two wards: Perranporth and Goonhavern.

2. Ordinary vacancy

An ordinary vacancy occurs when there are insufficient candidates to fill all seats at the ordinary elections. Any nominated candidates are elected automatically and remaining vacancies are classed as “ordinary vacancies”. Provided the Council is quorate, PPC may co-opt a volunteer to fill such vacancies.

3. Casual vacancy

A casual vacancy occurs when:

  • A councillor fails to make their declaration of acceptance of office at the proper time.
  • A councillor resigns.
  • A councillor dies.
  • A councillor becomes disqualified.
  • A councillor fails for six months to attend meetings (of the Council/committee/sub-committee or as PPC’s representative at an outside body).

PPC must notify Cornwall Council and advertise the vacancy, giving ward electors fourteen days (excluding weekends, bank holidays and other notable days) to request an election (by ten electors writing to Cornwall Council). If a by-election is called, Cornwall Council will run the poll and PPC will meet the costs. If only one candidate is nominated, they are elected without a ballot. If no election is requested within the period, PPC may co-opt.

4. Confirmation of co-option

Once Electoral Services confirms that no by-election has been claimed, the vacancy can be filled by co-option. The Clerk will:

  • Advertise the vacancy for four weeks (or as otherwise agreed) on PPC noticeboards, website and Facebook.
  • Advise Cornwall Council that the co-option policy has been instigated.

This procedure also applies to ordinary vacancies where there were insufficient nominations but the Council is quorate.

5. Eligibility of candidates

PPC may consider any person who is 18+ and a British citizen, a qualifying Commonwealth citizen, or a citizen of any EU member state, and at least one of the following applies:

  • They are (and remain) a registered elector for the Parish; or
  • They have resided in the Parish for the past twelve months or rented/tenanted land in the Parish; or
  • Their principal or only place of work has been in the Parish for the past twelve months; or
  • They have lived within three miles of the Parish for the past twelve months.

Disqualifications include (see s.80 Local Government Act 1972): holding a paid office under PPC; bankruptcy; having been sentenced (whether suspended or not) to at least three months’ imprisonment without the option of a fine within the last five years; being disqualified under any enactment relating to corrupt or illegal electoral practices.

6. Applications

Candidates will be asked to:

  • Submit information about themselves in writing to the Clerk, stating reasons for wishing to be a councillor and any relevant information.
  • Confirm their eligibility within the statutory rules.

The next suitable Full Council meeting will include an agenda item to receive written applications and co-opt a candidate. Eligible candidates will be invited to attend. Copies of eligible applications will be circulated to councillors at least three clear days prior to the meeting and treated as strictly private and confidential.

7. Co-option

At the Full Council meeting, each candidate may speak for up to three minutes to introduce themselves, outline background/experience and explain their interest. The process is conducted in public session with no private discussions prior to the vote. Voting will be by anonymous ballot. A candidate must obtain an absolute majority of votes cast (50% + 1). If there are more than two candidates and none achieves a majority on the first round, the candidate with the fewest votes is eliminated and further rounds are held until a candidate secures a majority. In the event of a tie, the Chair has a casting vote. Ballots are counted by the Parish Clerk (or other appropriate officer if unavailable).

If present, the successful candidate will sign the Declaration of Acceptance of Office (including an undertaking to abide by PPC’s Code of Conduct) and may then take office. If not present, they will sign before or at the next Council meeting. The Clerk will notify Cornwall Council Electoral Services and the co-opted councillor will complete a Register of Interests form. If insufficient candidates are co-opted, the vacancies will be re-advertised and the process repeated.

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