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The Hastings (Electoral Changes) Order 2016

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Hastings (Electoral Changes) Order 2016 No. 1228

Draft Order laid before Parliament under section 59(9) of the Local Democracy, Economic Development and Construction Act 2009; draft to lie for forty days pursuant to section 6(1) of the Statutory Instruments Act 1946, during which period either House of Parliament may resolve that the Order be not made.

Draft Statutory Instruments

2016 No.

Local Government, England

The Hastings (Electoral Changes) Order 2016

Made

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

Under section 58(4) of the Local Democracy, Economic Development and Construction Act 2009(1) (“the Act”), the Local Government Boundary Commission for England(2) (“the Commission”) published a report dated September 2016 stating its recommendations for changes to the electoral arrangements for the district of Hastings. The Commission has decided to give effect to those recommendations.

A draft of the instrument has been laid before each House of Parliament, a period of forty days has expired since the day on which it was laid and neither House has resolved that the instrument be not made.

The Commission makes the following Order in exercise of the power conferred by section 59(1) and (2) of the Act.

Citation and commencement

1.—(1) This Order may be cited as the Hastings (Electoral Changes) Order 2016.

(2) This article and article 2 come into force on the day after the day on which this Order is made.

(3) Articles 3 and 4 come into force—

(a)for the purpose of proceedings preliminary, or relating to, the election of councillors, on 15th October 2017;

(b)for all other purposes, on the ordinary day of election of councillors in England and Wales(3) in 2018.

Interpretation

2.—(1) In this Order “the map” means the map marked “Map referred to in the Hastings (Electoral Changes) Order 2016”, held by the Local Government Boundary Commission for England(4).

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

Wards of the district of Hastings and number of councillors

3.—(1) The existing wards of the district of Hastings are abolished.

(2) The district of Hastings is divided into the 16 wards in the following list—

  • Ashdown

  • Baird

  • Braybrooke

  • Castle

  • Central St Leonards

  • Conquest

  • Gensing

  • Hollington

  • Maze Hill

  • Old Hastings

  • Ore

  • Silverhill

  • St Helens

  • Tressell

  • West St Leonards

  • Wishing Tree

(3) Each ward comprises the area designated on the map by reference to the name of the ward.

(4) Two councillors are to be elected for each ward.

Elections of the council of the district of Hastings

4.—(1) Elections of all councillors of each ward of the district of Hastings are to be held simultaneously on the ordinary day of election of councillors in 2018.

(2) The councillors holding office for any ward abolished by article 3(1) immediately before the fourth day after the ordinary day of election of councillors in 2018 are to retire on that fourth day and the newly elected councillors are to come into office on that fourth day.

(3) Of the two councillors elected for the new wards in 2018, one shall retire on the fourth day after the ordinary day of election of councillors in 2020 and one shall retire on the fourth day after the ordinary day of election of councillors in 2022.

(4) Of the councillors elected for each of the wards in 2018, the first to retire is to be the councillor elected by the smaller number of votes.

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

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

(7) An election to replace a councillor who retires under paragraph (3) is to be held on the ordinary day of election of councillors in the year in which the retirement took place; and the newly elected councillors are to come into office on the fourth day after that day.

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

Sealed with the seal of the Local Government Boundary Commission for England

Name

Chief Executive

Local Government Boundary Commission for England

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes changes to electoral arrangements for the district of Hastings following recommendations made by the Local Government Boundary Commission for England. The area of the district remains unchanged. The electoral changes in articles 3 and 4 apply in respect of local government elections to be held on and after the ordinary day of election of councillors in 2018.

Article 3 abolishes the existing electoral wards of the district of Hastings and replaces them with 16 new ones. That article together with the map (as defined in article 2) also establish the names of the new electoral wards and the areas and number of councillors for each.

Article 4 makes provision for a whole district council election in 2018. Subsequently, the council will revert to the existing system of election by thirds. That article also provides for the order of retirement of councillors in 2020 and 2022 and the election of their replacements.

The map shows the area of the new district electoral wards and parish wards and is available at https://www.lgbce.org.uk/current-reviews/south-east/east-sussex/hastings It is also available for inspection at reasonable times at the offices of the Local Government Boundary Commission for England, 14th floor, Millbank Tower, London SW1P 4QP.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(2)

The Local Government Boundary Commission for England was established on 1st April 2010 by section 55(1) of the Local Democracy, Economic Development and Construction Act 2009 (c.20).

(3)

The ordinary day of election of councillors is prescribed by section 37(1) of the Representation of the People Act 1983 (c. 2).

(4)

Prints of the map are available for inspection at reasonable times at the principal office of the Local Government Boundary Commission for England, 14th floor, Millbank Tower, London SW1P 4QP. It is also accessible online at …………….

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