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LOCAL GOVERNMENT, ENGLAND AND WALES
21st September 1998
Coming into force in accordance with article 1(2)
Whereas the Local Government Commission for England, acting pursuant to section 15(4) of the Local Government Act 1992(1), has submitted to the Secretary of State a report dated March 1997 on its review of the City of Lincoln(2) together with its recommendations:
And whereas the Secretary of State has decided to give effect to those recommendations:
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 17(3) and 26 of the Local Government Act 1992, and of all other powers enabling him in that behalf, hereby makes the following Order:
1. (1) This Order may be cited as the City of Lincoln (Electoral Changes) Order 1998.
(2) This Order shall come into force for all purposes on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on 10th October 1998.
(3) In this Order–
“the City” means the city of Lincoln;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions, marked “Map of the City of Lincoln (Electoral Changes) Order 1998”, and deposited in accordance with regulation 28 of the Local Government Changes for England Regulations 1994(4); and
2. (1) The existing wards of the city(5) shall be abolished.
(2) The city shall be divided into eleven wards which shall bear the names set out in the Schedule.
(3) The wards shall comprise the areas 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 three.
(5) Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
3. (1) The whole number of councillors shall be elected at the ordinary day of election of councillors in 1999(6).
(2) The councillors holding office for any ward in the city immediately before 8th May 1999 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
(3) Of the councillors elected in 1999 in any ward of the city–
(a)one-third shall retire in 2000 being, subject to paragraphs (4) and (5) below, the councillor elected by the smallest number of votes;
(b)one-third shall retire in 2002 being, subject as aforesaid, the councillor elected by the next smallest number of votes;
(c)the remaining councillor shall retire in 2003.
(4) In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
(5) If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
(6) 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.
(7) Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
4. The City of Lincoln (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State
Minister of State,
Department of the Environment, Transport and the Regions
21st September 1998
(This note is not part of the Order)
This Order gives effect to recommendations by the Local Government Commission for England for electoral changes in the City of Lincoln.
Article 2 abolishes all of the existing wards of the City and provides for the creation of 11 new wards. That article and the Schedule also make provision for the names and areas of, and numbers of councillors for, the new wards.
Article 3 makes provision for a whole council election in Lincoln in 1999 and for reversion to elections by thirds in subsequent years.
The areas of the new city wards are demarcated on the map described in article 1(3). Prints of the map may be inspected at all reasonable times at the offices of the Lincoln City Council and at the offices of the Secretary of State for the Environment, Transport and the Regions which are located at 2nd Floor, Ashdown House, 123 Victoria Street, London SW1E 6DE.
The non-metropolitan district of Lincoln has the status of a City.
Section 18 is amended by section 39(4) and (5) of the Police and Magistrates' Courts Act 1994 (c. 29).
S.I. 1994/867, to which there are amendments not relevant to this Order.
see The City of Lincoln (Electoral Arrangements) Order 1978 (S.I. 1978/1750).