The District of North Hertfordshire (Electoral Changes) Order 1998

Statutory Instruments

1998 No. 2555

LOCAL GOVERNMENT, ENGLAND AND WALES

The District of North Hertfordshire (Electoral Changes) Order 1998

Made

16th October 1998

Coming into force in accordance with article 1

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 February 1998 on its review of the district of North Hertfordshire together with its recommendations:

And whereas the Secretary of State has decided to give effect, with modifications, 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 North Hertfordshire (Electoral Changes) Order 1998.

(2) This Order shall come into force for the purposes of articles 2, 3, 5, 8 and 9 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 the day after that on which it is made.

(3) For the purposes of articles 4 and 6 this Order shall come into force on 2nd May 2002, except that for the purpose of all proceedings preliminary or relating to an election of a parish councillor of the parishes of Codicote and Royston to be held on or after that date this Order shall come into force on 10th October 2001.

(4) For the purposes of article 7 this Order shall come into force on 4th May 2000, except that for the purpose of all proceedings preliminary or relating to an election of a parish councillor of the parish of St Ippolyts to be held on or after that date this Order shall come into force on 10th October 1999.

(3) In this Order–

“the district” means the district of North Hertfordshire;

“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 North Hertfordshire (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 North Hertfordshire

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

(2) The district shall be divided into twenty-six 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 parishes and parish wards, 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 North Hertfordshire

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 Codicote

4.  The parish of Codicote shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.

Wards of the parish of Kings Walden

5.—(1) The parish shall be divided into two parish wards which shall bear the names Breachwood Green and Kings Walden and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.

(2) The number of councillors to be elected for the Breachwood Green parish ward shall be six and for the Kings Walden parish ward shall be two.

Wards of the parish of Royston

6.  The parish of Royston shall be divided into three parish wards which shall bear the names Royston Heath, Royston Palace and Royston Meridian and each parish ward shall comprise the area of the ward of the district bearing the same name and the number of councillors to be elected for each parish ward shall be five.

Wards of the parish of St Ippolyts

7.  The parish of St Ippolyts shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.

Numbers of parish councillors

8.  The number of councillors to be elected for the Pirton parish shall be nine.

Parish Council Elections

9.—(1) The ordinary election of parish councillors for the parish of St Paul’s Walden in 1999 shall not take place; and any such parish councillor holding office immediately before 10th May 1999 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 8th May 2000.

(2) Elections of all parish councillors for the parishes of Graveley, Holwell, Ickleford, Weston and Wymondley shall be held simultaneously on the ordinary day of election of councillors in 1999 and every fourth year after 1999.

(3) The elections of parish councillors for the parish of St Ippolyts shall be held simultaneously on the ordinary day of election of councillors in 2000 and every fourth year after 2000.

(4) Elections of all parish councillors for the parishes of Codicote, Kimpton, Knebworth and Royston shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.

(5) 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.

(6) 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 8th May 2000 in the office of a parish councillor for the parish of St Paul’s Walden 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 8th May 2000.

Revocation

10.  The District of North Hertfordshire (Electoral Arrangements) Order 1977 is hereby revoked.

Signed by authority of the Secretary of State

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

16th October 1998

Article 2

SCHEDULE 1 NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of New Ward	Area of ward	Number of councillors
Arbury	The parishes of Ashwell, Bygrave, Caldecote, Hinxworth, Newnham and Radwell	1
Baldock East		1
Baldock Town		3
Cadwell	The parishes of Holwell and Ickleford	1
Codicote		1
Ermine	The parishes of Barley, Barkway, Kelshall, Nuthampstead, Reed and Therfield	1
Graveley & Wymondley	The parishes of Graveley and Wymondley	1
Hitchin Bearton		3
Hitchin Highbury		3
Hitchin Oughton		2
Hitchin Priory		2
Hitchin Walsworth		3
Hitchwood		1
Hoo	The parishes of Hexton, Lilley, Kings Walden and Preston and the Cockernhoe ward of the parish of Offley	1
Kimpton	The parish of Kimpton	1
Knebworth		2
Letchworth East		3
Letchworth Grange		3
Letchworth South East		3
Letchworth South West		3
Letchworth Wilbury		2
Offa	The parish of Pirton and the Offley ward of the parish of Offley	1
Royston Heath		2
Royston Meridian		2
Royston Palace		2
Weston and Sandon	The parishes of Clothall, Rushden, Sandon, Wallington and Weston	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
Arbury	0	0	1
Baldock East	0	0	1
Baldock Town	1	1	1
Cadwell	0	0	1
Codicote	0	1	0
Ermine	0	0	1
Graveley & Wymondley	0	0	1
Hitchin Bearton	1	1	1
Hitchin Highbury	1	1	1
Hitchin Oughton	1	1	0
Hitchin Priory	1	1	0
Hitchin Walsworth	1	1	1
Hitchwood	1	0	0
Hoo	0	0	1
Kimpton	0	1	0
Knebworth	1	1	0
Letchworth East	1	1	1
Letchworth Grange	1	1	1
Letchworth South East	1	1	1
Letchworth South West	1	1	1
Letchworth Wilbury	1	1	0
Offa	0	0	1
Royston Heath	1	1	0
Royston Meridian	1	1	0
Royston Palace	1	1	0
Weston and Sandon	0	0	1

Article 4

SCHEDULE 3 WARDS OF THE PARISH OF CODICOTE: NAMES, AREAS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of ward	Description of area	Number of councillors
East	Such part of the parish of Codicote as is within the district ward of Knebworth	2
Village	The Codicote district ward	8

Article 7

SCHEDULE 4 WARDS OF THE PARISH OF ST IPPOLYTS: NAMES, AREAS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of ward	Description of area	Number of councillors
North	Such part of the parish of St Ippolyts as is within the district ward of Hitchin Priory	3
South	Such part of the parish of St Ippolyts as is within the district ward of Hitchwood	5

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 North Hertfordshire.

Article 2 abolishes all of the existing wards of the district and provides for the creation of 26 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 North Hertfordshire in 1999 and for reversion to elections by thirds in subsequent years. Schedule 2 provides for the order of retirement of councillors.

Articles 4 to 7 create new wards for the parishes of Codicote, Kings Walden, Royston and St Ippolyts and for the number of councillors.

Article 8 provides for the number of councillors for Pirton parish.

Article 9 makes provision for parish elections.

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 North Hertfordshire 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 North Hertfordshire (Electoral Arrangements) Order 1977 (S.I. 1977/1442).

(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.