The City of Exeter (Electoral Changes) Order 1999

Statutory Instruments

1999 No. 2468

LOCAL GOVERNMENT, ENGLAND

The City of Exeter (Electoral Changes) Order 1999

Made

6th September 1999

Coming into force in accordance with article 1(2)

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 January 1999 on its review of the city(2) of Exeter 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 Exeter (Electoral Changes) Order 1999.

(2) This Order shall come into force–

(a) for the purpose of all proceedings preliminary or relating to any election to be held on 4th May 2000, on 10th October 1999;

(b) for all other purposes, on 4th May 2000.

(3) In this Order–

“the city” means the city of Exeter;

“existing”, in relation to a 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 Exeter (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994(4).

Wards of Exeter

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

(2) The city shall be divided into eighteen wards which shall bear the names set out in column (1) of Schedule 1.

(3) Each ward shall comprise 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 (2) of that Schedule.

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

Elections of the council of Exeter

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 2000(6).

(3) The councillors holding office for any ward in the city immediately before 8th May 2000 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) Of the councillors elected in 2000 for any ward of the city–

(a) the first to retire shall, subject to paragraphs (6) and (7) below, 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 foregoing 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.

Revocation

4.  The City of Exeter (Electoral Arrangements) Order 1979 is 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

6th September 1999

Article 2

SCHEDULE 1 NAMES OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)
Name of ward	Number of councillors
Alphington	3
Cowick	2
Duryard	2
Exwick	3
Heavitree	2
Mincinglake	2
Newtown	2
Pennsylvania	2
Pinhoe	2
Polsloe	2
Priory	3
St David's	2
St James	2
St Leonard's	2
St Loyes	2
St Thomas	2
Topsham	2
Whipton & Barton	3

Article 3(4)

SCHEDULE 2 ORDER OF RETIREMENT OF COUNCILLORS

(1)	(2)	(3)	(4)
Name of ward	Number of councillors to retire in 2002	Number of councillors to retire in 2003	Number of councillors to retire in 2004
Alphington	1	1	1
Cowick	1	1	0
Duryard	1	1	0
Exwick	1	1	1
Heavitree	1	1	0
Mincinglake	1	1	0
Newtown	1	0	1
Pennsylvania	1	0	1
Pinhoe	1	0	1
Polsloe	1	0	1
Priory	1	1	1
St David's	1	0	1
St James	0	1	1
St Leonard's	0	1	1
St Loyes	0	1	1
St Thomas	0	1	1
Topsham	0	1	1
Whipton & Barton	1	1	1

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 Exeter.

Article 2 abolishes the existing wards of the city and provides for the creation of 18 new wards. That article and Schedule 1 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 Exeter in 2000 and reversion to elections by thirds in subsequent years. Schedule 2 regulates the order of retirement of councillors.

Article 4 revokes the City of Exeter (Electoral Arrangements) Order 1979.

The areas of the new city wards are demarcated on the map described in article 1(3). Prints of the map may be inspected at all reasonable times at the offices of the Exeter 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.

(1)

1992 c. 19.

(2)

The non-metropolitan district of Exeter 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 Exeter (Electoral Arrangements) Order 1979 (S.I. 1979/1473).

(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).