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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

2018 No. 0000

Local Government, England

The Torbay (Electoral Changes) Order 2018

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 February 2018 stating its recommendations for changes to the electoral arrangements for the borough of Torbay. 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 (4) of the Act.

Citation and commencement

1.—(1) This Order may be cited as the Torbay (Electoral Changes) Order 2018.

(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 the day after the day on which this Order is made;

(b)for all other purposes, on the ordinary day of election of councillors(3) in 2019.

Interpretation

2.—(1) In this Order “the map” means the map marked “Map referred to in the Torbay (Electoral Changes) Order 2018”, 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 borough of Torbay and number of councillors

3.—(1) The existing wards of the borough of Torbay are abolished.

(2) The borough of Torbay is divided into 16 wards as listed in the first column of the table in Schedule 1.

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

(4) The number of councillors to be elected for each ward is the number specified in relation to that ward in the second column of the table in Schedule 1.

Wards of the parish of Brixham

4.—(1) The existing wards of the parish of Brixham are abolished.

(2) The parish of Brixham is divided into the two parish wards listed in the first column of the table in Schedule 2.

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

(4) The number of councillors to be elected for each parish ward is the number specified in relation to that ward in the second column of the table in Schedule 2.

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

Name

Chief Executive

Local Government Boundary Commission for England

Date

Article 3

SCHEDULE 1Names of borough wards and number of councillors

(1)

Name of borough ward

(2)

Number of councillors

Barton with Watcombe3
Churston with Galmpton2
Clifton with Maidenway2
Cockington with Chelston2
Collaton St Mary1
Ellacombe2
Furzeham with Summercombe3
Goodrington with Roselands2
King’s Ash2
Preston3
Roundham with Hyde2
Shiphay2
St Marychurch3
St Peter’s with St Mary’s2
Tormohun3
Wellswood2

Article 4

SCHEDULE 2Names of parish wards and number of councillors

(1)

Name of parish ward

(2)

Number of councillors

Furzeham with Summercombe7
St Peter’s with St Mary’s5

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes changes to electoral arrangements for the borough of Torbay following recommendations made by the Local Government Boundary Commission for England. The area of the borough remains unchanged. The changes made by this Order apply in respect of local government elections held on and after the ordinary day of election of councillors in 2019.

Article 3 abolishes the existing electoral wards of the borough of Torbay and replaces them with 16 new ones. It establishes the names and areas of the new electoral wards and the number of councillors for each.

Article 4 makes changes to parish wards which are consequential on the changes made by article 3.

The area covered by each ward created by this Order is identified on a map which is available for inspection at reasonable times at the offices of the Local Government Boundary Commission for England, 14th floor, Millbank Tower, London SW1P 4QP. The map may also be accessed at http://www.lgbce.org.uk/all-reviews/south-west/devon/torbay

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.

(3)

The ordinary day of election of councillors in England and Wales is prescribed by section 37(1) of the Representation of the People Act 1983 (c.2) as amended by section 18(2) of the Representation of the People Act 1985 (c.50) and by paragraph 5 of Schedule 3 to the Greater London Authority Act 1999 (c.29) as amended by section 6(16) of the Wales Act 2017 (c.4).

(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 http://www.lgbce.org.uk/all-reviews/south-west/devon/torbay