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4.—(1) Elections of all councillors for all wards of the district are to be held simultaneously on the ordinary day of election of councillors in 2012(1).
(2) The councillors holding office for any ward of the district immediately before the fourth day after the ordinary day of election of councillors in 2012 are to retire on that date and the newly elected councillors are to come into office on that date.
(3) The order of retirement of councillors is to be as set out in Schedule 2.
(4) Where the number of councillors elected in 2012 for any ward of the district is two or more—
(a)the first to retire is, subject to paragraphs (5) and (6), to be the councillor elected by the smallest number of votes; and
(b)the second to retire is, subject to those paragraphs, to be the councillor elected by the next smallest number of votes.
(5) 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 is to be determined by lot.
(6) If an election of councillors for any ward is not contested, the person to retire in each year is to be determined by lot.
(7) Where under this article any question is to be determined by lot, the lot is to be drawn at the next practicable meeting of the council after the question has arisen and the drawing is to be conducted under the direction of the person presiding at the meeting.
The system of election by thirds in the district of Swindon is established by paragraphs 3(1) and 3(9) of the Borough of Swindon (Electoral Changes) Order 1999 (S.I. 1999/2927).
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