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The Borough of Crewe and Nantwich (Electoral Changes) Order 1998

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Statutory Instruments

1998 No. 2845

LOCAL GOVERNMENT, ENGLAND AND WALES

The Borough of Crewe and Nantwich (Electoral Changes) Order 1998

Made

13th November 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 June 1998 on its review of the borough of Crewe and Nantwich(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:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Borough of Crewe and Nantwich (Electoral Changes) Order 1998.

(2) This article, paragraphs (3), (5) and (6) of article 10, and so much of articles 2 to 4, 6, 8, 9 and 11 as relates to proceedings preliminary or relating to any election to be held on 6th May 1999, shall come into force on the day after that on which this Order is made.

(3) Articles 2 to 4, 6, 8, 9 and 11 shall come into force for all other purposes on 6th May 1999.

(4) Paragraph (7)(a) of article 10, and so much of article 7 and paragraph (1) of article 10 as relates to proceedings preliminary or relating to any election of parish councillors to be held on 4th May 2000 shall come into force on 10th October 1999.

(5) Article 7 and paragraph (1) of article 10 shall come into force for all other purposes on 4th May 2000.

(6) So much of article 5 and paragraphs (2) and (4) of article 10 as relates to proceedings preliminary or relating to any election of parish councillors to be held on 2nd May 2002 shall come into force on 10th October 2001.

(7) Article 5 and paragraphs (2) and (4) of article 10 shall come into force for all other purposes on 2nd May 2002.

(8) Paragraph (7)(b) of article 10 shall come into force on 10th October 2002.

(9) In this Order–

“the borough” means the borough of Crewe and Nantwich;

“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 Borough of Crewe and Nantwich (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994(4); and

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

Wards of Crewe and Nantwich

2.—(1) The existing wards of the borough(5) shall be abolished.

(2) The borough shall be divided into twenty-seven 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 that 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 similar geographical feature, it shall be treated as running along the centre of the feature.

Elections of the council of Crewe and Nantwich

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

(2) Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 1999(6).

(3) The councillors holding office for any ward in the borough 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 borough is two or more–

(a)the first to retire shall, subject to paragraphs (6) and (7) 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.

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

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

(8) 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.

(9) 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 in the parish of Leighton

4.—(1) The existing wards in the parish of Leighton shall be abolished.

(2) The parish 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 borough 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 Nantwich

5.—(1) The existing wards of the parish of Nantwich shall be abolished.

(2) The parish shall be divided into four parish wards which shall bear the names Barony, Birchin, Weaver and Wellington; each parish ward shall comprise the area designated on sheet 4 by reference to the name of that parish ward and demarcated by orange lines; and the number of councillors to be elected for each parish ward shall be three.

Wards of the parish of Shavington cum Gresty

6.  The parish of Shavington cum Gresty 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 borough ward specified in respect of that 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 that parish ward in column (3) of that Schedule.

Wards of the parish of Willaston

7.  The parish of Willaston shall be divided into two wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the borough 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 in the parish of Wistaston

8.—(1) The existing wards in the parish of Wistaston shall be abolished.

(2) The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 6; each parish ward shall comprise the area of the borough 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

9.—(1) The number of councillors for the parish of Minshull Vernon shall be seven.

(2) The number of councillors for the parish of Woolstanwood shall be four.

(3) The number of councillors for the parish of Wybunbury shall be nine.

Parish elections

10.—(1) Elections of parish councillors for the parishes of Alpraham, Baddiley, Bunbury, Calveley, Wardle and Willaston shall be held simultaneously on the ordinary day of election of councillors in 2000 and every fourth year after 2000.

(2) Elections of parish councillors for the parishes of Audlem, Bickerton, Brindley, Buerton, Bulkeley, Dodcott-cum-Wilkesley, Egerton, Faddiley, Nantwich, Ridley and Spurstow shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.

(3) The ordinary election of parish councillors for the parishes of Marbury-cum-Quoisley, Norbury, Wirswall and Wrenbury-cum-Frith 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.

(4) The ordinary election of parish councillors for the parishes of Baddington, Broomhall and Sound in 2002 shall not take place; and any such parish councillor holding office immediately before 6th 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 5th May 2003.

(5) The term of office of parish councillors elected on the ordinary day of election of councillors in 1999 for the parishes of Cholmondeley, Chorley and Hankelow shall be three years and elections shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.

(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(7) (filling of casual vacancies) shall have effect–

(a)in the case of a casual vacancy occurring before 8th May 2000 in the office of parish councillor for the parishes of Marbury-cum-Quoisley, Norbury, Wirswall and Wrenbury-cum-Frith as if 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; and

(b)in the case of a casual vacancy occurring before 5th May 2003 in the office of parish councillor for the parishes of Baddington, Broomhall and Sound as if references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 5th May 2003.

Revocation

11.  The Borough of Crewe and Nantwich (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

13th November 1998

Article 2

SCHEDULE 1NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)(2)(3)
Name of wardArea of wardNumber of councillors
ActonThe parishes of Acton, Austerson, Baddington, Broomhall, Burland, Coole Pilate, Edleston, Henhull, Hurleston, Sound and Stoke1
Alexandra3
AudlemThe parishes of Audlem, Buerton, Dodcott cum Wilkesley, Hankelow and Newhall2
Barony Weaver3
Birchin2
BunburyThe parishes of Alpraham, Bunbury, Calveley and Wardle1
Coppenhall2
Delamere2
EngleseaThe parishes of Barthomley, Basford, Crewe Green and Weston and the parish ward of Oakhanger in the parish of Haslington1
Grosvenor2
HaslingtonThe parish wards of Haslington Village and Winterley in the parish of Haslington3
Leighton3
Maw Green3
Minshull1
PeckfortonThe parishes of Bickerton, Brindley, Bulkeley, Cholmondeley, Chorley, Egerton, Faddiley, Haughton, Peckforton, Ridley and Spurstow1
St Barnabas3
St John's3
St Mary's2
Shavington2
Valley2
Waldron3
Wellington2
Wells Green2
Willaston1
Wistaston Green3
WrenburyThe parishes of Baddiley, Marbury cum Quoisley, Norbury, Wirswall and Wrenbury cum Frith1
WybunburyThe parishes of Batherton, Blakenhall, Bridgemere, Checkley cum Wrinehill, Chorlton, Doddington, Hatherton, Hough, Hunsterson, Lea, Stapeley, Walgherton and Wybunbury2

Article 3(4)

SCHEDULE 2ORDER OF RETIREMENT OF COUNCILLORS

Name of wardNumber of councillors to retire in 2000Number of councillors to retire in 2002Number of councillors to retire in 2003
Action001
Alexandra111
Audlem110
Barony Weaver111
Birchin110
Bunbury100
Coppenhall110
Delamere101
Englesea001
Grosvenor011
Haslington111
Leighton111
Maw Green111
Minshull001
Peckforton010
St Barnabas111
St John's111
St Mary's101
Shavington011
Valley110
Waldron111
Wellington011
Wells Green011
Willaston100
Wistaston Green111
Wrenbury100
Wybunbury011

Article 4

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

(1)(2)(3)
Name of wardDescription of areaNumber of councillors
Leighton RuralThat part of the parish which is within the Minshull borough ward3
Leighton UrbanThe Leighton borough ward8

Article 6

SCHEDULE 4WARDS OF THE PARISH OF SHAVINGTON CUM GRESTY: NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)(2)(3)
Name of wardDescription of areaNumber of councillors
Gresty BrookThat part of the parish which is within the Alexandra borough ward2
Shavington VillageThe Shavington borough ward10

Article 7

SCHEDULE 5WARDS OF THE PARISH OF WILLASTON: NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)(2)(3)
Name of wardDescription of areaNumber of councillors
Willaston NorthThat part of the parish which is within the St Mary’s borough ward3
Willaston VillageThe Willaston borough ward9

Article 8

SCHEDULE 6WARDS OF THE PARISH OF WISTASTON: NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)(2)(3)
Name of wardDescription of areaNumber of councillors
St Mary'sThat part of the parish which is within the St Mary’s borough ward7
Wells GreenThat part of the parish which is within the Wells Green borough ward3
Wistaston GreenThat part of the parish which is within the Wistaston Green borough ward5

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 borough of Crewe and Nantwich.

Article 2 abolishes all of the existing wards of the borough and provides for the creation of 27 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 Crewe and Nantwich 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 8 make changes in the electoral arrangements for the parishes of Leighton, Nantwich, Shavington cum Gresty, Willaston and Wistaston and provide for the number of councillors.

Article 9 makes changes to the number of parish councillors in the parishes of Minshull Vernon, Woolstanwood and Wybunbury.

Article 10 makes provision for parish elections.

Article 11 revokes the Borough of Crewe and Nantwich (Electoral Arrangements) Order 1977.

The areas of the new borough 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 Crewe and Nantwich Borough 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.

(2)

The non-metropolitan district of Crewe and Nantwich has the status of a borough.

(3)

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

(4)

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

(5)

See the Borough of Crewe and Nantwich (Electoral Arrangements) Order 1977 (S.I. 1977/510).

(6)

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).

(7)

S.I. 1986/2215.

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