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result of any notice given in terms of subsection (1),” of “, and taking into account the views of the
Commission,”
10
Amendment of section 13 of Cap. 29:15
Section 13 (“Succession from former local authority to newly-established local authority”) of
the principal Act is amended—
(a) in subsection (1) by the repeal of paragraph (c) and the substitution of—
“(c) sections 116 and 121(1) of the Electoral Act [Chapter 2:13] (No. 25 of 2004)
shall not apply unless the President otherwise directs, in which case those
sections shall apply to the extent directed by the President.”.
(b) in subsection (2) by the repeal of paragraph (c) and the substitution of—
“(c) sections 116 and 121(1) of the Electoral Act [Chapter 2:13] (No. 25 of 2004)
shall not apply unless the President otherwise directs, in which case those
sections shall apply to the extent directed by the President.”.
11
Amendment of section 20 of Cap. 29:15
Section 20 (“Special vacancies on town council or rural district council which is to be
incorporated need not be filled”) of the principal Act is amended by the deletion of “section 103I
of the Electoral Act [Chapter 2:01]” and the substitution of “section 121 of the Electoral Act
[Chapter 2:13] (No. 25 of 2004)”.
12
New section substituted for section 38 of Cap. 29:15
The principal Act is amended by the repeal of section 38 and the substitution of—
“38
Governance of council areas
Every council area shall be governed by a council.”.
13
Amendment of section 47 of Cap. 29:15
Section 47 (“Assumption of office by councillor”) of the principal Act is amended by the
repeal of subsection (1) and the substitution of—
“(1) A person who is deemed to have been elected as a councillor at the close of the
nomination court in terms of section 125 of the Electoral Act [Chapter 2:13] (No. 25 of
2004), or who is declared to have been elected in terms of section 126 of that Act following
the withdrawal of a candidate, shall assume office—
(a) in the case of a first election of councillors, on the date on which the council
comes into being;
(b) in the case of a by-election to fill a special vacancy on the council, at the time
at which the Registrar-General posts a notice at his office in terms of section
125 of the Electoral Act [Chapter 2:13] (No. 25 of 2004), notifying his or her
election or, as the case may be, declares him or her to have been elected in
terms of section 126 of that Act;
(c) in the case of a general election of councillors, on the day following polling
day.”.
14
Repeal of sections 51, 52, 53, 54, 63, 64 and 65 of Cap. 29:15
Sections 51, 52, 53, 54, 63, 64 and 65 of the principal Act are repealed.
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