The Hartlepool (Electoral Changes) Order 2012

Statutory Instruments

2012 No. 3

Local Government, England

The Hartlepool (Electoral Changes) Order 2012

Made

3rd January 2012

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

Under section 58(4) of the Local Democracy, Economic Development and Construction Act 2009(1) (“the 2009 Act”) the Local Government Boundary Commission for England(2) published a report dated September 2011 stating its recommendations for changes to the electoral arrangements for the district of Hartlepool(3).

A draft of the instrument has been laid before Parliament and a period of forty days has expired and neither House has resolved that the instrument be not made.

The Local Government Boundary Commission for England has decided to give effect to the recommendations for electoral changes and in exercise of the powers conferred by section 59(1) of the 2009 Act makes the following Order:

Citation and commencement

1.—(1) This Order may be cited as the Hartlepool (Electoral Changes) Order 2012.

(2) This Order, with the exception of article 5, comes into force—

(a) for the purpose of proceedings preliminary or relating to the elections of councillors for district wards, on the day after that on which it is made;

(b) for all other purposes, on the ordinary day of election of councillors in 2012.

(3) Article 5 comes into force—

(a) for the purpose of proceedings preliminary or relating to the elections of councillors for the parish of Greatham, on 15th October 2014;

(b) for all other purposes, on the ordinary day of election of councillors in 2015.

Interpretation

2.  In this Order—

“map” means the map marked “Map referred to in the Hartlepool (Electoral Changes) Order 2012”, of which prints are available for inspection at the principal office of the Local Government Boundary Commission for England;

“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983(4).

Wards of the district of Hartlepool and number of councillors

3.—(1) The existing wards of the district of Hartlepool are abolished.

(2) The district is divided into eleven wards each bearing a name listed in the Schedule.

(3) Each ward comprises the area designated on the map by reference to the name of the ward.

(4) Three councillors are to be elected for each ward.

(5) Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.

Elections of the council of the district of Hartlepool

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(5).

(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) Of the councillors elected in 2012 for any ward of the district one is to retire in 2014, one in 2015 and one in 2016.

(4) Of the councillors elected in 2012 for any ward of the district—

(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.

Wards of the parish of Greatham and number of councillors

5.—(1) The parish of Greatham is divided into two wards named respectively—

(a) Greatham South Fens;

(b) Greatham Village.

(2) Each ward comprises the area designated on the map by reference to the name of the ward.

(3) Four councillors are to be elected for Greatham South Fens ward.

(4) Three councillors are to be elected for Greatham Village ward.

Sealed with the seal of the Local Government Boundary Commission for England on the 3rd day of January 2012

Max Caller

Chairman

Local Government Boundary Commission for England

3rd January 2012

Article 3

SCHEDULE Names of district wards

Burn Valley

De Bruce

Fens and Rossmere

Foggy Furze

Hart

Headland and Harbour

Jesmond

Manor House

Rural West

Seaton

Victoria

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes changes to the electoral arrangements for the district of Hartlepool following recommendations made by the Local Government Boundary Commission for England. The area of the district remains unchanged.

The electoral changes apply in respect of local government elections to be held on or after the ordinary day of election of councillors in 2012.

Article 3 abolishes the existing wards of the district and replaces them with 11 new ones. That article, the map and the Schedule also establish the names and areas of the new wards and the number of councillors for each ward.

Article 4 makes provision for a whole council election in 2012 and for reversion to the established system of election by thirds in subsequent years. That article provides for the order of retirement of councillors and detail number of councillors for each ward that should be elected for 2014, 2015 and 2016. Under the council’s current cycle of elections, there are no elections scheduled for 2013.

Article 5 establishes 2 wards for the parish of Greatham. That article and the map also establish the names and areas of the new wards and the number of councillors for each ward.

The map defined in article 2 shows the new district wards and parish wards. It is available at www.lgbce.org.uk/all-reviews/north-east/hartlepool-electoral-review; it is also available, at all reasonable times, at the offices of the council of the district of Hartlepool and at the principal office of the Local Government Boundary Commission for England at Layden House, 76 – 86 Turnmill Street, London EC1M 5LG.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2009 c.20.

(2)

The Local Government Boundary Commission for England was established on 1st April 2010 by section 55(1) of the Local Democracy, Economic Development and Construction Act 2009 (c.20).

(3)

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

(4)

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).

(5)

The system of elections by third in the district of Hartlepool is established by article 8 and paragraph 9(9) of the Borough of Hartlepool (Electoral Arrangements) Order 1975 (S.I. 1975/2103), as amended by the Cleveland (Structural Change) Order 1995 (S.I. 1995/187) and the Hartlepool (Parishes and Parish Council Elections) Order 1999 (S.I. 1999/153).