The District of Daventry (Electoral Changes) Order 1998

Statutory Instruments

1998 No. 2507

LOCAL GOVERNMENT, ENGLAND AND WALES

The District of Daventry (Electoral Changes) Order 1998

Made

8th October 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 district of Daventry 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(2) and 26 of the Local Government Act 1992, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the District of Daventry (Electoral Changes) Order 1998.

(2) This Order shall come into force 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 district” means the district of Daventry;

“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 District of Daventry (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994(3); and

any reference to a numbered sheet is a reference to the sheet of the map which bears that number.

Wards of Daventry

2.—(1) The existing wards of the district(4) shall be abolished.

(2) The district shall be divided into twenty-four wards which shall bear the names set out in column (1) of Schedule 1.

(3) The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.

(4) 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.

Elections of the council of Daventry

3.—(1) Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.

(2) Elections of all councillors for wards of the district shall be held simultaneously on the ordinary day of election of councillors in 1999(5).

(3) The councillors holding office for any ward in the district immediately before 10th May 1999 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.

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

(5) Where the number of councillors elected in 1999 for any ward of the district is two, the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smaller number of votes.

(6) Where the number of councillors elected in 1999 for any ward of the district is three–

(a) the first to retire shall, subject to paragraphs (7) and (8) below, 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.

(7) 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.

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

(9) 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.

(10) 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.

Wards of the parish of Long Buckby

4.—(1) The parish of Long Buckby shall be divided into two parish wards which shall bear the names of Long Buckby and Long Buckby Wharf and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.

(2) The number of councillors to be elected for the Long Buckby and Long Buckby Wharf parish wards shall be twelve and one respectively.

Parish council elections

5.—(1) Elections of all parish councillors for the parishes of Sibbertoft and Welford shall be held simultaneously on the ordinary day of election of councillors in 1999 and every fourth year thereafter.

(2) The term of office of any parish councillor elected on the ordinary day of election of councillors in 1999 for the parishes of Byfield, Creaton, Lilbourne, Moulton, Overstone, Spratton, West Haddon, and Yelvertoft shall be three years and elections shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year thereafter.

(3) Elections of all parish councillors for the parishes of Boughton, Braunston, Brixworth, Draughton, East Haddon, Flore, Hollowell, Kilsby, Lamport, Maidwell, Norton, Pitsford, Ravensthorpe, Scaldwell, Weedon Bec, Welton, and Whilton shall be held simultaneously on the ordinary day of election of councillors in 2000 and every fourth year thereafter.

(4) Elections of all parish councillors for the parishes of Barby, Brington, Chapel Brampton, Church Brampton, Cold Ashby, Everdon, Guilsborough, Harlestone, Preston Capes, and Woodford cum Membris shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year thereafter.

(5) The ordinary elections of parish councillors for the parishes of Farthingstone and Naseby in 2002 shall not take place; and any such parish councillor holding office immediately before 2nd May 2002 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 1st May 2003.

(6) Except as otherwise provided in the foregoing paragraphs of this article, the term of office of parish councillors shall be four years and all parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected parish councillors shall come into office on the day on which their predecessors retire.

(7) Rule 8 of the Local Elections (Parishes and Communities) Rules 1986(6) (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 1st May 2003 in the office of a parish councillor for the parishes of Farthingstone and Naseby 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 1st May 2003.

6.  The District of Daventry (Electoral Arrangements) Order 1976 is hereby revoked.

Signed by authority of the Secretary of State

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

8th October 1998

Article 2

SCHEDULE 1 DISTRICT OF DAVENTRY: NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of ward	Area of ward	Number of councillors
Abbey North		3
Abbey South		2
Badby	The parishes of Badby, Catesby, Hellidon, Newnham, and Staverton	1
Barby and Kilsby	The parishes of Ashby St Ledgers, Barby, Kilsby, and Welton	2
Boughton and Pitsford	The parishes of Boughton and Pitsford	1
Brampton	The parishes of Althorp, Brington, Chapel Brampton, Church Brampton, and Harlestone	1
Braunston	The parish of Braunston	1
Brixworth	The parishes of Brixworth, Draughton, Lamport, Maidwell, and Scaldwell	3
Byfield	The parishes of Byfield, Charwelton, Everdon, and Fawsley	1
Clipston	The parishes of Arthingworth, Clipston, Great Oxenden, Haselbech, Kelmarsh, and Naseby	1
Crick	The parishes of Crick and Winwick	1
Drayton		3
Flore	The parishes of Brockhall, Flore, Norton, and Whilton	1
Hill		3
Long Buckby	The parishes of Long Buckby and Watford	2
Moulton	The parishes of Moulton and Overstone	2
Ravensthorpe	The parishes of East Haddon, Holdenby, Hollowell, and Ravensthorpe	1
Spratton	The parishes of Cottesbrooke, Creaton, and Spratton	1
Walgrave	The parishes of Hannington, Holcot, Old, and Walgrave	1
Weedon	The parishes of Dodford, Farthingstone, Stowe IX Churches, and Weedon Bec	2
Welford	The parishes of East Farndon, Marston Trussell, Sibbertoft, Sulby, and Welford	1
West Haddon and Guilsborough	The parishes of Guilsborough and West Haddon	1
Woodford	The parishes of Canons Ashby, Preston Capes, and Woodford cum Membris	2
Yelvertoft	The parishes of Clay Coton, Cold Ashby, Elkington, Lilbourne, Stanford, Thornby, and Yelvertoft	1

Article 3

SCHEDULE 2 ORDER OF RETIREMENT OF COUNCILLORS

Name of New Ward	Number of Councillors to retire in 2000	Number of Councillors to retire in 2002	Number of Councillors to retire in 2003
Abbey North	1	1	1
Abbey South	1	0	1
Badby	0	0	1
Barby and Kilsby	1	1	0
Boughton and Pitsford	1	0	0
Brampton	0	1	0
Braunston	1	0	0
Brixworth	1	1	1
Byfield	0	1	0
Clipston	0	0	1
Crick	0	0	1
Drayton	1	1	1
Flore	1	0	0
Hill	1	1	1
Long Buckby	0	1	1
Moulton	0	1	1
Ravensthorpe	1	0	0
Spratton	0	1	0
Walgrave	0	0	1
Weedon	1	0	1
Welford	0	0	1
West Haddon and Guilsborough	1	1	0
Woodford	1	1	0
Yelvertoft	0	1	0

Explanatory Note

(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 district of Daventry.

Article 2 abolishes all of the existing wards of the district and provides for the creation of 24 new wards. That article and Schedule 1 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 Daventry in 1999 and for reversion to elections by thirds in subsequent years. Schedule 2 provides for the order of retirement of councillors.

Article 4 makes electoral changes in the parish of Long Buckby.

Article 5 makes provision for elections of parish councillors in the district.

The areas of the new district and parish 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 Daventry District 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.

(1)

1992 c. 19.

(2)

Section 17 is amended by section 39(4) and (5) of the Police and Magistrates' Courts Act 1994 (c. 29).

(3)

S.I. 1994/867, to which there are amendments not relevant to this Order.

(4)

see The District of Daventry (Electoral Arrangements) Order 1976 (S.I. 1976/1704).

(5)

For the ordinary day of election of councillors of local government areas, see section 37 of the Representation of the People Act 1983 (c. 2), amended by section 18(2) of the Representation of the People Act 1985 (c. 50).

(6)

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