s 5 By-elections
(1) Subject to subsection (4) of this section, where the seat of a member of the Assembly is vacant an election shall be held to fill the vacancy. (2) The date of the election shall be fixed by the presiding officer of the Asembly in accordance with subsection (3) of this section. (3) The date of the election shall be not later than three months after the occurrence of the vacancy, except that if the vacancy does not come to the notice of the presiding officer within one month of its occurrence the date of the election shall be not later than three months after the vacancy comes to his notice. (4) The election shall not be held if the latest date for holding it would fall within the three months preceding the next election to be held in pursuance of section 2 or section 3 of this Act. (5) For the purposes of this section a vacancy shall be deemed to have occurred on such date as may be determined under the standing orders of the Assembly, and references in this section to the presiding officer include any person for the time being performing the functions of presiding officer.