Section 40: Date of vacancy

40. Date of vacancy For the purpose of filling a vacancy in any office for which an appointment is made or an election is held under this Act, the vacancy shall be taken to have occurred— (a) in the case of resignation in writing, on receipt of the resignation by the Chief Executive; (b) in the case of death, on the date of death of the Councillor; (c) in the case of a disqualification by reason of conviction, on the expiry of the delay for lodging an appeal or, where an appeal is lodged, on the day it is finally disposed of by the Supreme Court; (d) in the case of an election being declared void on election petition, on the date of the judgment of the Court; or L18 – 27 [Issue 7] Local Government Act (e) in the case of a person ceasing to be qualified to be a Councillor, or becoming disqualified for any reason other than that specified in paragraph (c) or ceasing to be a Councillor for any reason specified in section 38 (b), (c) or (d), on the date on which his office is declared vacant by the Chief Executive or by the Supreme Court, as the case may be. [S. 40 amended by s. 12 of Act 3 of 2015 w.e.f. 9 April 2015.]