5 15 Amendment of section 78 of Cap 29:15 Section 78 (“Special vacancies in office of councillors”) (2) of the principal Act is amended by the repeal of paragraph (c) and the substitution of— “(c) ceases to be qualified for election as a councillor or becomes disqualified for such election in terms of section 119 of the Electoral Act [Chapter 2:13] (No. 25 of 2004).”. 16 New section substituted for section 80 of Cap. 29:15 Section 80 of the principal Act is repealed and substituted by— “80 Minister may appoint caretakers to act as council (1) If at any time— (a) there are no elected councillors for a council area; or (b) all the elected councillors for a council area have been suspended or imprisoned or are otherwise unable to exercise all or some of their functions as councillors; the Minister may appoint not more than three persons as caretakers, whether or not such persons are qualified through residence or ownership of property to become councillors, to act as the council in accordance with this section. (2) Subject to any directions the Minister may give him or her, a caretaker appointed for a council area in terms of subsection (1) shall exercise— (a) all the functions of the council, where there are no elected councillors for the council area; or (b) such of the functions of the elected councillors as they are unable to exercise, where there are elected councillors for the council area: Provided that— (i) the caretaker shall not, without the approval of the Minister, exercise any power conferred on the council to levy rates or taxes or to alienate any land or interest in land or to increase any charge fixed or levied by the council or to fix any new charge; (ii) where there are any elected councillors who are able to exercise some of their functions as councillors, the caretaker shall consult them before exercising any function. (3) A caretaker appointed in terms of subsection (1) shall hold office during the pleasure of the Minister, but his or her office shall terminate— (a) as soon as there are any councillors for the council area who are able to exercise all their functions as councillors; or (b) ninety days after the date of his or her appointment; whichever occurs sooner: Provided that, if the period of ninety days expires within three months before the date of the next succeeding general election, the caretaker shall continue to hold office until such general election. 5