The Borough of Basingstoke and Deane (Electoral Changes) Order 2008

Statutory Instruments

2008 No. 425

local government, england

The Borough of Basingstoke and Deane (Electoral Changes) Order 2008

Made

20th February 2008

Coming into force in accordance with article 1(2) and 1(3)

The Boundary Committee for England(1), under section 15(5) of the Local Government Act 1992(2) (“the 1992 Act”), have conducted a review of the borough of Basingstoke and Deane(3) and have submitted to the Electoral Commission(4) recommendations dated October 2007.

A period of not less than six weeks has expired since the receipt of those recommendations.

The Electoral Commission have decided to give effect without modification to those recommendations.

Accordingly, the Electoral Commission, in exercise of the powers conferred by sections 17(5) and 26(6) of the 1992 Act, make the following Order:

Citation and commencement

1.—(1) This Order may be cited as the Borough of Basingstoke and Deane (Electoral Changes) Order 2008.

(2) This Order, with the exception of article 6, comes into force—

(a) for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2008, on the day after that on which it is made;

(b) for all other purposes, on the ordinary day of election of councillors in 2008.

(3) Article 6 comes into force—

(a) for the purpose of proceedings preliminary or relating to the election of parish councillors for the parish of Tadley to be held on the ordinary day of election of councillors in 2011, on 15th October 2010;

(b) for all other purposes, on the ordinary day of election of councillors in 2011.

Interpretation

2.  In this Order—

“borough” means the borough of Basingstoke and Deane;

“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;

“map” means the map marked “Map referred to in the Borough of Basingstoke and Deane (Electoral Changes) Order 2008”, of which prints are available for inspection at the principal office of the Electoral Commission: and any reference to a numbered sheet is a reference to the sheet of the map which bears that number;

“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983(7); and

“registration officer” means an officer appointed for the purpose of, and in accordance with, section 8(8) of the Representation of the People Act 1983.

Wards of the borough of Basingstoke and Deane

3.—(1) The existing wards of the borough(9) shall be abolished.

(2) The borough of Basingstoke and Deane shall be divided into twenty-nine wards which shall be named as set out in column (1) of Schedule 1.

(3) Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines.

(4) The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of that Schedule.

(5) Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.

Elections of the council of the borough of Basingstoke and Deane

4.—(1) Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2008(10).

(2) The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2008 shall retire on that date and the newly elected councillors shall come into office on that date.

(3) The order of retirement of councillors shall be as set out in Schedule 2.

(4) Where the number of councillors elected in 2008 for any ward of the borough is two or more—

(a) the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and

(b) the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.

(5) In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.

(6) If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.

(7) Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.

Wards of the parish of Sherborne St John

5.—(1) The existing wards of the parish of Sherborne St John(11) shall be abolished.

(2) The parish shall be divided into two wards which shall be named Popley Fields and Sherborne St John.

(3) Each ward shall comprise the area designated on sheets 2, 3 and 4 by reference to the name of the ward and demarcated by orange lines.

(4) The number of councillors to be elected for Sherborne St John ward shall be four and for Popley Fields ward shall be three.

Wards of the parish of Tadley

6.—(1) The existing wards of the parish of Tadley(12) shall be abolished.

(2) The parish shall be divided into four wards which shall be named Tadley Central, Tadley East, Tadley North and Tadley South.

(3) Each ward shall comprise the area designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.

(4) The number of councillors to be elected for each ward shall be four.

Wards of the parish of Rooksdown

7.—(1) The number of councillors to be elected for the parish of Rooksdown shall be five.

Parish Elections

8.—(1) The elections of all parish councillors for the parish of Pamber shall be held simultaneously on the ordinary day of election of councillors in 2011(13).

(2) The term of office of every parish councillor elected on the ordinary day of election of councillors in 2006 for the parish of Pamber shall be five years.

(3) The ordinary election of parish councillors for the parish of Pamber in 2010 elections shall not take place; and any such parish councillor holding office immediately before 10 May 2010 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2011.

(4) Where any provision of an Order made before the making of this Order requires an election of parish councillors for a parish mentioned in paragraph (1) to be held on a date other than that for which paragraph provides, it shall cease to have effect to that extent.

(5) Rule 8 of the Local Elections (Parishes and Communities) Rules 1986(14) (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before May 2011 in the office of a parish councillor for the parishes of Pamber as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to May 2011.

Map

9.  Basingstoke and Deane Borough Council shall make a print of the map available for inspection at its offices by any member of the public at any reasonable time.

Electoral register

10.  The registration officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.

Revocation

11.  Articles 2, 3(4), 6, and Schedules 1 and 2 and paragraph (1) of article 8 (so far as article 8 relates to elections in the parish of Pamber), of the Borough of Basingstoke and Deane (Electoral Changes) Order 2001(15) are revoked.

Sealed with the seal of the Electoral Commission on the 20th day of February 2008

Peter Wardle

Chief Executive

20th February 2008

Vera Markos

Secretary to the Commission

20th February 2008

article 3

SCHEDULE 1 NAMES OF WARDS AND NUMBERS OF COUNCILLORS

Column (1)	Column (2)
Name of Ward	Number of Councillors
Basing	3
Baughurst and Tadley North	2
Bramley and Sherfield	2
Brighton Hill North	2
Brighton Hill South	2
Brookvale and Kings Furlong	2
Buckskin	2
Burghclere, Highclere and St Mary Bourne	2
Chineham	3
East Woodhay	1
Eastrop	2
Grove	2
Hatch Warren and Beggarwood	3
Kempshott	3
Kingsclere	2
Norden	3
Oakley and North Waltham	3
Overton, Laverstoke and Steventon	2
Pamber and Silchester	2
Popley East	2
Popley West	2
Rooksdown	1
Sherborne St John	1
South Ham	3
Tadley Central	1
Tadley South	2
Upton Grey and The Candovers	1
Whitchurch	2
Winklebury	2

article 4

SCHEDULE 2 ORDER OF RETIREMENT OF COUNCILLORS

Column (1)	Column (2)	Column (3)	Column (4)
Name of Ward	Number of councillors to retire in 2010	Number of councillors to retire in 2011	Number of councillors to retire in 2012
Basing	1	1	1
Baughurst and Tadley North	0	1	1
Bramley and Sherfield	0	1	1
Brighton Hill North	1	1	0
Brighton Hill South	1	0	1
Brookvale and Kings Furlong	1	0	1
Buckskin	1	0	1
Burghclere, Highclere and St Mary Bourne	1	1	0
Chineham	1	1	1
East Woodhay	1	0	0
Eastrop	1	1	0
Grove	1	1	0
Hatch Warren and Beggarwood	1	1	1
Kempshott	1	1	1
Kingsclere	0	1	1
Norden	1	1	1
Oakley and North Waltham	1	1	1
Overton, Laverstoke and Steventon	1	1	0
Pamber and Silchester	0	1	1
Popley East	1	0	1
Popley West	1	0	1
Rooksdown	0	0	1
Sherborne St John	0	0	1
South Ham	1	1	1
Tadley Central	0	1	0
Tadley South	0	1	1
Upton Grey and The Candovers	0	1	0
Whitchurch	1	0	1
Winklebury	1	1	0

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes changes to the electoral arrangements for the borough of Basingstoke and Deane following recommendations made by the Boundary Committee for England to the Electoral Commission.

The Electoral Commission accepted the Boundary Committee’s recommendations without modifications.

The electoral changes apply in respect of local government elections to be held on and after the ordinary day of election of councillors in 2008.

Article 3 abolishes the existing wards of the borough replaces them with 29 new ones. That article, the map and Schedule 1 also establish the names and areas of the new borough wards and the numbers of borough councillors for each ward.

Article 4 makes provision for a whole council election in 2008 and for reversion to the established system of election by thirds in subsequent years.

Schedule 2 provides for the order of retirement of councillors.

Article 5 abolishes the existing parish wards of the parish of Sherborne St John and replaces them with 2 new ones. That article and the map also establish the names and areas of the new parish wards and the numbers of parish councillors for each ward.

Article 6 abolishes the existing parish wards of the parish of Tadley and replaces them with 4 new ones. That article and the map also establish the names and areas of the new parish wards and the numbers of parish councillors for each ward.

Article 7 provides for elections in the parish of Rookdown in the borough of Basingstoke and Deane.

Article 8 provides for elections in the parish of Pamber in the borough of Basingstoke and Deane.

Article 9 obliges the Electoral Registration Officer to make any necessary amendments to the electoral register to reflect the new electoral arrangements.

Article 10 revokes articles 2, 3(4), 6, and Schedules 1 and 2 and paragraph (1) of article 8 (so far as article 8 relates to elections in the parish of Pamber), of the Borough of Basingstoke and Deane (Electoral Changes) Order 2001.

The map defined in article 2 shows the new borough and parish wards. It is available at www.boundarycommittee.org.uk/your-area/ basingdeanefer.cfm and, at all reasonable times, at the offices of Basingstoke and Deane Borough Council and at the principal office of the Electoral Commission at Trevelyan House, Great Peter Street, London SW1P 2HW.

(1)

The Boundary Committee for England is a committee of the Electoral Commission, established by the Electoral Commission in accordance with section 14 of the Political Parties, Elections and Referendums Act 2000 (“the 2000 Act”) (c.41). The Local Government Commission for England (Transfer of Functions) Order 2001 (S.I. 2001/3962) transferred to the Electoral Commission the functions of the Local Government Commission for England.

(2)

1992 c.19. This section has been amended by S.I. 2001/3962 and by section 57 of the Local Government and Public Involvement Heath Act 2007 (“the 2007 Act”) (c.28).

(3)

The non-metropolitan district of Basingstoke and Deane has the status of a borough.

(4)

The Electoral Commission was established by the 2000 Act (c.41). The functions of the Secretary of State, under sections 13 to 15 and 17 of the 1992 Act (c.19), to the extent that they relate to electoral changes within the meaning of that Act, were transferred with modifications to the Electoral Commission on 1st April 2002 (S.I. 2001/3962).

(5)

This section has been amended by S.I. 2001/3962, by sections 22 and 57 of the 2007 Act (c.28) and also otherwise in ways not relevant to this Order.

(6)

This section has been amended by S.I. 2001/3962 and by section 22 of the 2007 Act (c.28).

(7)

1983 c.2, section 37 has been amended by section 18(2) of the Representation of the People Act 1985 (c.50) and section 17 of the Greater London Authority Act l999 (c.29) and section 60 of the 2007 Act (c.28).

(8)

Section 8 has been amended by the Local Government (Wales) Act 1994 (c.19) and the Local Government etc. (Scotland) Act 1994 (c.39).

(9)

See the Borough of Basingstoke and Deane (Electoral Changes) Order 2001 (S.I.2001/1019), as amended by the Borough of Basingstoke and Deane (Electoral Changes) (Amendment) Order 2004 (S.I.2004/3106).

(10)

Article 4 provides for a single election of all the councillors and for reversion to the system of election by thirds, as established by articles 3(1) and 3(9) of S.I. 2001/1019.

(11)

See the Borough of Basingstoke and Deane (Electoral Changes) Order 2001 (S.I. 2001/1019), as amended by the Borough of Basingstoke and Deane (Electoral Changes) (Amendment) Order 2004 (S.I. 2004/3106).

(12)

The area of the parish of Tadley was altered by the Basingstoke and Deane (Parishes) Order 1985 (S.I. 1985/179).

(13)

Article 7 provides for parish elections in the parish of Pamber in 2011. Section 16(3) of the Local Government Act 1972 (c.70) provides for parish elections to take place every four years.

(14)

S.I. 1986/2215, to which there are amendments not relevant to this Order.

(15)

S.I. 2001/1019.