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The City of Winchester (Electoral Changes) Order 2001

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Statutory Instruments

2001 No. 1028

LOCAL GOVERNMENT, ENGLAND

The City of Winchester (Electoral Changes) Order 2001

Made

14th March 2001

Coming into force in accordance with article 1(2) and (3)

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 July 2000 on its review of the city(2) of Winchester 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 City of Winchester (Electoral Changes) Order 2001.

(2) This article and articles 2, 3, 4, 7 and 8 shall come into force—

(a)for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;

(b)for all other purposes, on 2nd May 2002.

(3) Articles 5 and 6 of this Order shall come into force—

(a)for the purpose of proceedings preliminary or relating to the election of parish councillors for the parishes of Wickham, Bishops Waltham and Swanmore, respectively, to be held on 1st May 2003, on 10th October 2002;

(b)for all other purposes, on 1st May 2003.

(4) In this Order—

“city” means the city of Winchester;

“existing”, in relation to ward, means the ward as it exists on the date this Order is made; and

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 Winchester (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994(4).

Wards of the city of Winchester

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

(2) The city 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, where an area is not 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 is running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.

Elections of the council of Winchester

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

(2) Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2002(6).

(3) The councillors holding office for any ward of the city immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards 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 2002 for any ward of the city is two or more—

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

4.  The parish of Soberton 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 city 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 Wickham

5.—(1) The existing wards of the parish of Wickham 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 4; each parish ward shall comprise the area of the city 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 eleven.

Numbers of parish councillors

6.—(1) The number of parish councillors to be elected for the parish of Bishops Waltham shall be fourteen.

(2) The number of parish councillors to be elected for the parish of Swanmore shall be ten.

Parish Elections

7.—(1) Elections of all parish councillors for the parishes referred to in Schedule 5 shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.

(2) The ordinary election of parish councillors in 2002 for the parish of Northington shall not take place; and any 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 the fourth day after the ordinary day of election of councillors in 2003.

(3) Elections of all parish councillors for the parish of Northington shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.

(4) Elections of all parish councillors for the parishes of Badger Farm, Boarhunt, Compton and Shawford, Shedfield, and Southwick and Widley shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.

(5) The term of office of any parish councillor to whom any of paragraphs (1), (3) or (4) apply shall be four years; and the 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 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(7) (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 5th May 2003 in the office of a parish councillor for the parish of Northington, as if the reference 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

8.  The City of Winchester (Electoral Arrangements) Order 1976 and article 15 of the Winchester (Parishes) Order 1985 are hereby revoked.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Beverley Hughes

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

14th March 2001

article 2

SCHEDULE 1NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)(2)(3)
Name of WardArea of WardNumber of Councillors
Bishops WalthamThe parish of Bishops Waltham3
Boarhunt and SouthwickThe parishes of Boarhunt, and Southwick and Widley1
Cheriton and Bishops SuttonThe parishes of Beauworth, Bishops Sutton, Bramdean, Cheriton, Kilmiston and Tichborne1
Colden Common and TwyfordThe parishes of Colden Common and Twyford3
Compton and OtterbourneThe parishes of Compton and Shawford, Hursley and Otterbourne2
DenmeadThe parish of Denmead3
Droxford, Soberton and Hambledon1
Itchen ValleyThe parishes of Chilcomb, Itchen Stoke and Ovington, Itchen Valley and Northington1
Kings WorthyThe parish of Kings Worthy2
Littleton and HarestockThe parish of Littleton and Harestock2
Olivers Battery and Badger FarmThe parishes of Badger Farm and Olivers Battery2
Owslebury and CurdridgeThe parishes of Curdridge, Durley, Owslebury and Upham2
St Barnabas3
St Bartholomew3
St John and All Saints3
St Luke3
St Michael3
St Paul3
ShedfieldThe parish of Shedfield2
SparsholtThe parishes of Crawley, Headbourne Worthy and Sparsholt1
Swanmore and Newtown2
The AlresfordsThe parishes of Bighton, New Alresford and Old Alresford3
Upper Meon ValleyThe parishes of Corhampton and Meonstoke, Exton, Warnford and West Meon1
Whiteley2
Wickham2
Wonston and MicheldeverThe parishes of Micheldever, South Wonston and Wonston3

article 3(4)

SCHEDULE 2ORDER OF RETIREMENT OF COUNCILLORS

(1)(2)(3)(4)
Name of WardNumber of councillors to retire in 2003Number of councillors to retire in 2004Number of councillors to retire in 2006
Bishops Waltham111
Boarhunt and Southwick1
Cheriton and Bishops Sutton1
Colden Common and Twyford111
Compton and Otterbourne11
Denmead111
Droxford, Soberton and Hambledon1
Itchen Valley1
Kings Worthy11
Littleton and Harestock11
Olivers Battery and Badger Farm11
Owslebury and Curdridge11
St Barnabas111
St Bartholomew111
St John and All Saints111
St Luke111
St Michael111
St Paul111
Shedfield11
Sparsholt1
Swanmore and Newtown11
The Alresfords111
Upper Meon Valley1
Whiteley11
Wickham11
Wonston and Micheldever111

article 4

SCHEDULE 3WARDS OF THE PARISH OF SOBERTONNAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)(2)(3)
Name of WardArea of WardNumber of Councillors
SobertonSo much of the city ward of Droxford, Soberton and Hambledon as comprises the parish of Soberton3
Soberton Heath and NewtownSo much of the city ward of Swanmore and Newtown as comprises the parish of Soberton8

article 5

SCHEDULE 4WARDS OF THE PARISH OF WICKHAMNAMES AND AREAS OF WARDS

(1)(2)
Name of WardArea of Ward
WhiteleyThe city ward of Whiteley
Wickham and CurbridgeThe city ward of Wickham

article 7(1)

SCHEDULE 5PARISHES IN WHICH ELECTIONS ARE TO BE HELD IN 2002

  • Bighton

  • Bishops Sutton

  • Bramdean

  • Cheriton

  • Colden Common

  • Crawley

  • Curdridge

  • Droxford

  • Hambledon

  • Headborne Worthy

  • Kilmiston

  • Kings Worthy

  • Micheldever

  • Old Alresford

  • Olivers Battery

  • Owslebury

  • Soberton

  • Sparsholt

  • Tichborne

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 city of Winchester. The changes have effect in relation to local government elections to be held on and after 2nd May 2002.

Article 2 abolishes the existing wards of the city and provides for the creation of twenty-six 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 2002 and for reversion to elections by thirds in subsequent years. Schedule 2 regulates the order of retirement of councillors.

Articles 4 to 6 make electoral changes in the parishes of Bishops Waltham, Soberton, Swanmore and Wickham.

Article 7 provides for elections of parish councillors for certain parish councils in the city.

Article 8 revokes the City of Winchester (Electoral Arrangements) Order 1976 and article 15 of the Winchester (Parishes) Order 1985.

The areas of the new city wards are demarcated on the map described in article 1(4). Prints of the map may be inspected at all reasonable times at the offices of Winchester City Council and at the offices of the Secretary of State for the Environment, Transport and the Regions, 2nd Floor, Ashdown House, 123 Victoria Street, London SW1E 6DE.

(2)

The non-metropolitan district of Winchester has the status of a city.

(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 City of Winchester (Electoral Arrangements) Order 1976 (S.I. 1976/287), amended by the Winchester (Parishes) Order 1985 (S.I. 1985/154), article 15.

(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) and section 17 of, and paragraphs 1 and 5 of Schedule 3 to the Greater London Authority Act 1999 (c. 29).

(7)

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

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