The Maidstone (Electoral Changes) Order 2008

Statutory Instruments

2008 No. 176

LOCAL GOVERNMENT, ENGLAND

The Maidstone (Electoral Changes) Order 2008

Made

25th January 2008

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

Maidstone Borough Council, under section 9(1) of the Local Government and Rating Act 1997(2) (“the 1997 Act”), have made to the Electoral Commission(3) proposals dated June 2007 for electoral changes to three wards of the borough(4) of Maidstone and three electoral divisions of the county of Kent:

The Electoral Commission have decided to give effect to those proposals and, in relation to the changes made on 1st April 2008 affecting the parishes of Coxheath, Loose and Tovil(5), to make related alterations of the boundaries of Coxheath and Hunton, Loose and South wards of the borough of Maidstone, and Maidstone Rural South, Maidstone Rural West and Maidstone South electoral divisions of the county of Kent:

Accordingly, the Electoral Commission, in exercise of the powers conferred by sections 14(6) and 23(7) of the 1997 Act, make the following Order:

Citation and commencement

1.—(1) This Order may be cited as the Maidstone (Electoral Changes) Order 2008.

(2) This Order, with the exception of article 3, comes into force—

(a) for the purpose of proceedings preliminary or relating to the elections of county councillors for the county electoral divisions of Maidstone Rural South, Maidstone Rural West and Maidstone South, to be held on the ordinary day of election of councillors in 2009, on 15th October 2008;

(b) for all other purposes, on the ordinary day of election of councillors in 2009.

(3) Article 3 comes into force—

(a) for the purpose of proceedings preliminary or relating to the elections of borough councillors for the borough wards of Coxheath and Hunton, Loose and South, to be held on the ordinary day of election of councillors in 2011, on 15th October 2010;

(b) for all other purposes, on the ordinary day of election of councillors in 2011.

Interpretation

2.  In this Order—

“borough” means the borough of Maidstone;

“county” means the county of Kent;

“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983(8); and

“registration officer” means an officer appointed for the purpose of, and in accordance with, section 8(9) of the Representation of the People Act 1983.

Alteration of the areas of Coxheath and Hunton, Loose and South borough wards

3.—(1) The area that ceased to be part of the parish of Tovil and became part of the parish of Loose in consequence of the Maidstone (Parishes) Order 2007(10) shall cease to be part of South borough ward(11) and shall become part of Loose borough ward(12).

(2) The area that ceased to be part of the parish of Coxheath and became part of the parish of Loose in consequence of the Maidstone (Parishes) Order 2007 shall cease to be part of Coxheath and Hunton borough ward(13) and shall become part of Loose borough ward.

Alteration of the areas of Maidstone Rural South, Maidstone Rural West and Maidstone South county electoral divisions

4.—(1) The area that ceased to be part of the parish of Tovil and became part of the parish of Loose in consequence of the Maidstone (Parishes) Order 2007(14) shall cease to be part of Maidstone South county electoral division(15) and shall become part of Maidstone Rural South county electoral division(16).

(2) The area that ceased to be part of the parish of Coxheath and became part of the parish of Loose in consequence of the Maidstone (Parishes) Order 2007 shall cease to be part of Maidstone Rural West county electoral division(17) and shall become part of Maidstone Rural South county electoral division.

Electoral register

5.  The registration officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.

Sealed with the seal of the Electoral Commission on the 25th day of January 2008

Bob Posner

Legal Counsel to the Commission

25th January 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order gives effect to proposals made to the Electoral Commission for related alterations of the boundaries of Coxheath and Hunton, Loose and South wards of the borough of Maidstone and Maidstone Rural South, Maidstone Rural West and Maidstone South electoral divisions of the county of Kent as a result of changes to the boundaries of the parishes of Coxheath, Loose and Tovil made by the Maidstone (Parishes) Order 2007.

The new electoral arrangements apply in respect of county elections to be held on and after the ordinary day of election of councillors in 2009, and borough elections to be held on and after the ordinary day of election of councillors in 2011.

Article 3 makes alterations to the areas of Coxheath and Hunton, Loose and South borough wards.

Article 4 makes alterations to the areas of Maidstone Rural South, Maidstone Rural West and Maidstone South county electoral divisions.

Article 5 obliges the Electoral Registration Officer to make any necessary amendments to the electoral register to reflect the new electoral arrangements.

(1)

This section has been amended by the Local Government Commission for England (Transfer of Functions) Order 2001 (S.I. 2001/3962).

(2)

1997 c.29.

(3)

The Electoral Commission was established by the Political Parties, Elections and Referendums Act 2000 (c.41). The functions of the Secretary of State, under sections 13, 14 and 17(4) of the 1997 Act (c.29), to the extent that they relate to electoral arrangements within the meaning of that Act, were transferred with modifications to the Electoral Commission on 1st April 2002 (S.I. 2001/3962).

(4)

The non-metropolitan district of Maidstone has the status of a borough.

(5)

The areas of the parishes of Coxheath, Loose and Tovil were altered by the Maidstone (Parishes) Order 2007 (S.I. 2007/3576).

(6)

This section has been amended by S.I. 2001/3962 and also otherwise in ways not relevant to this Order.

(7)

This section has been amended by S.I. 2001/3962.

(8)

1983 c.2, section 37 has been amended by section 18(2) of the Representation of the People Act 1985 (c.50), section 17 of the Greater London Authority Act l999 (c.29) and section 60 of the Local Government and Public Involvement in Health Act 2007 (c.28).

(9)

Section 8 has been amended by the Local Government (Wales) Act 1994 (c.19) and the Local Government etc. (Scotland) Act 1994 (c.39).

(10)

S.I. 2007/3576.

(11)

See the Borough of Maidstone (Electoral Changes) Order 2001 (S.I. 2001/3586).

(12)

See S.I. 2001/3586.

(13)

See S.I. 2001/3586.

(14)

S.I. 2007/3576.

(15)

See the County of Kent (Electoral Changes) Order 2004 (S.I. 2004/2815).

(16)

See S.I. 2004/2815.

(17)

See S.I. 2004/2815.