The Rugby (Electoral Changes) Order 2012

Statutory Instruments

2012 No. 4

Local Government, England

The Rugby (Electoral Changes) Order 2012

Made

3rd January 2012

Coming into force in accordance with articles 1(2), 1(3) and 1(4)

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 Rugby(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 Rugby (Electoral Changes) Order 2012.

(2) This Order, with the exception of articles 5, 6 and 9 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) Articles 5 and 6 come into force—

(a) for the purpose of proceedings preliminary or relating to the elections of councillors for the parishes of Churchover and Clifton upon Dunsmore, on 15th October 2015;

(b) for all other purposes, on the ordinary day of election of councillors in 2016.

(4) Article 9 comes into force on 15th October 2015.

Interpretation

2.  In this Order—

“map” means the map marked “Map referred to in the Rugby (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 Rugby and number of councillors

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

(2) The district is divided into sixteen wards each bearing a name listed in column 1 of Schedule 1.

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

(4) The number of councillors to be elected for each ward is the number specified in relation to that ward in column 2 of Schedule 1.

(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 Rugby

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) 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.

Wards of the parish of Churchover and number of councillors

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

(a) Churchover North;

(b) Churchover South.

(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 Churchover North ward.

(4) One councillor is to be elected for Churchover South ward.

Wards of the parish of Clifton upon Dunsmore and number of councillors

6.—(1) The parish of Clifton upon Dunsmore is divided into two wards named respectively—

(a) Clifton upon Dunsmore;

(b) Rugby Radio Station.

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

(3) Seven councillors are to be elected for Clifton upon Dunsmore ward.

(4) One councillor is to be elected for Rugby Radio Station ward.

Parish elections

7.—(1) The election of all parish councillors for the parishes of Shilton and Wolvey are to be held on the ordinary day of election of councillors in 2014 and every fourth year after 2014(6).

(2) The election of all parish councillors for the parishes of Clifton upon Dunsmore and Newton and Biggin are to be held on the ordinary day of election of councillors in 2016 and every fourth year after 2016(7).

Transitional provisions

8.—(1) The term of office of every parish councillor elected on the ordinary day of election of councillors in 2012 for the parishes of Shilton and Wolvey is to be two years.

(2) The term of office of every parish councillor elected on the ordinary day of election of councillors in 2014 for the parishes of Clifton upon Dunsmore and Newton and Biggin is to be two years.

Revocation and modifications

9.  Any provision of an Order made before the making of this Order which requires an election of parish councillors for a parish mentioned in Article 7 to be held on a date other than that for which Article 7 provides is revoked.

10.  Rule 5 of the Local Elections (Parishes and Communities) (England and Wales) Rules 2006(8) (filling of casual vacancies) is to have effect—

(a) in the case of a casual vacancy occurring before the fourth day after the ordinary day of election of councillors in 2014 in the office of a parish councillor for the parishes of Shilton or Wolvey as if the references in paragraphs (3) and (6) of that rule to the day on which that councillor would regularly have retired were a reference to the fourth day after the ordinary day of election of councillors in 2014;

(b) in the case of a casual vacancy occurring before the fourth day after the ordinary day of election of councillors in 2016 in the office of a parish councillor for the parishes of Clifton upon Dunsmore or Newton and Biggin as if the references in paragraphs (3) and (6) of that rule to the day on which that councillor would regularly have retired were a reference to the fourth day after the ordinary day of election of councillors in 2016.

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 1 Names of district wards and numbers of councillors

1	2
Name of District Ward	Number of Councillors
Admirals and Cawston	3
Benn	3
Bilton	3
Clifton, Newton and Churchover	1
Coton and Boughton	3
Dunsmore	3
Hillmorton	3
Leam Valley	1
New Bilton	3
Newbold and Brownsover	3
Rokeby and Overslade	3
Paddox	3
Revel and Binley Woods	3
St Cross	3
Wolston and the Lawfords	3
Wolvey and Shilton	1

Article 4

SCHEDULE 2 Order of retirement of councillors

1	2	3	4
Name of District Ward	Number of councillors to retire in 2014	Number of councillors to retire in 2015	Number of councillors to retire in 2016
Admirals and Cawston	1	1	1
Benn	1	1	1
Bilton	1	1	1
Clifton, Newton and Churchover	0	0	1
Coton and Boughton	1	1	1
Dunsmore	1	1	1
Hillmorton	1	1	1
Leam Valley	0	1	0
New Bilton	1	1	1
Newbold and Brownsover	1	1	1
Rokeby and Overslade	1	1	1
Paddox	1	1	1
Revel and Binley Woods	1	1	1
St Cross	1	1	1
Wolston and the Lawfords	1	1	1
Wolvey and Shilton	1	0	0

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes changes to the electoral arrangements for the district of Rugby 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 16 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 and Schedule 2 provide for the order of retirement of councillors and detail the 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 Churchover. That article and the map also establish the names and areas of the new wards and the number of councillors for each ward.

Article 6 establishes 2 wards for the parish of Clifton upon Dunsmore. That article and the map also establish the names and areas of the new wards and the number of councillors for each ward.

Article 7 provides for elections of certain parish councils in the district in 2014 or 2016, and then to continue according to the established system of parish elections every four years.

Article 8 makes transitional provision setting the term of office for parish councillors elected on the next ordinary day of election of councillors for the parishes affected by Article 7.

Article 9 revokes any order made before this order in so far as it requires an election of parish councillors for a parish mentioned in Article 7 on a date other than that for which Article 7 provides. It also modifies the application of Rule 5 of the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 to provide for the filling of casual vacancies occurring before the fourth day after the ordinary day of election of councillors as provided for in Article 7.

The map defined in article 2 shows the new district wards and parish wards. It is available at www.lgbce.org.uk/all-reviews/west-midlands/warwickshire/rugby-electoral-review; it is also available, at all reasonable times, at the offices of the council of the district of Rugby 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 Rugby 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 election by thirds in the district of Rugby is established by paragraphs 3(1) and 3(9) of the Borough of Rugby (Electoral Changes) (No. 2) Order 2000 (S.I. 2000/3363).

(6)

Section 16(3) of the Local Government Act 1972 (c.70) provides for parish elections to take place every four years.

(7)

Section 16(3) of the Local Government Act 1972 (c.70) provides for parish elections to take place every four years.

(8)

S.I. 2006/3305, to which there are amendments not relevant to this Order.