The City of Gloucester (Electoral Changes) Order 1997

Statutory Instruments

1997 No. 157

LOCAL GOVERNMENT, ENGLAND AND WALES

The City of Gloucester (Electoral Changes) Order 1997

Made

27th January 1997

Coming into force in accordance with article 1(1)

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 on its review of the city of Gloucester(2) together with its recommendations:

And whereas the Secretary of State has decided to give effect to the recommendations in respect of the electoral arrangements for the council of the city of Gloucester:

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 Gloucester (Electoral Changes) Order 1997 and shall come into force on 7th May 1998 except that for the purpose of all proceedings preliminary or relating to any local government election to be held on or after that date it shall come into force on 10th February 1997.

(2) In this Order—

“Gloucester” means the city of Gloucester;

any reference to a district ward is a reference to a ward of the city of Gloucester; and

any reference to the maps is a reference to the two maps prepared by the Department of the Environment, marked “Maps of the City of Gloucester (Electoral Changes) Order 1997”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994(4).

Electoral changes: new wards

2.—(1) The district wards of Barnwood and Hucclecote (as constituted by the City of Gloucester (Electoral Arrangements) Order 1976(5)) shall be abolished and within the area of those wards as so constituted there shall be created three new district wards (“the new wards”) with the following names—

(a) Abbeymead,

(b) Barnwood, and

(c) Hucclecote;

and each ward shall consist of the area shown in respect of that ward on the maps.

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

(3) The number of councillors to be elected for each of the new wards shall be three.

(4) The councillors holding office for the wards abolished by paragraph (1) shall retire on 11th May 1998.

(5) Elections for the councillors for the new wards shall be held on 7th May 1998, and the councillors then elected shall come into office on 11th May 1998.

(6) Subject to article 4(1) and (2), of the councillors elected for the new wards on 7th May 1998—

(a) the councillor elected by the smallest number of votes shall retire in 2000;

(b) the councillor elected by the next smallest number of votes shall retire in 2002; and

(c) the remaining councillor shall retire in 2003.

Electoral changes: Quedgeley ward

3.—(1) On and after 7th May 1998 the number of councillors to be elected for the Quedgeley ward(6) shall be increased from two to three; elections of two councillors for the Quedgeley ward shall be held on 7th May 1998, and the councillors then elected shall come into office on 11th May 1998.

(2) Subject to article 4(1) and (2), of the councillors elected for the Quedgeley ward on 7th May 1998—

(a) the councillor elected by the smaller number of votes shall retire in 2000; and

(b) the other shall retire in 2002.

Electoral changes: general

4.—(1) In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.

(2) If an election of councillors is uncontested the councillor of the ward in question who is to retire in that year shall be determined by lot.

(3) 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.

(4) Except as otherwise provided in this Order, the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary election of councillors for the city in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.

Signed by authority of the Secretary of State

Paul Beresford

Parliamentary Under-Secretary of State,

Department of the Environment

27th January 1997

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 Gloucester. Two of the existing wards of the city of Gloucester are abolished and in their place three new wards are created, having the names, and consisting of the areas, provided for in article 2(1).

Article 3 of the Order makes provision for an additional councillor for the district ward of Quedgeley and for the election and retirement of the additional councillor.

Prints of the maps described in article 1(2) may be inspected at any reasonable time at the offices of the Gloucester City Council and at the offices of the Secretary of State for the Environment located at 2 Marsham Street, London SW1P 3EB (from March 1997 located at Ashdown House, 123 Victoria Street, London SW1E 6DE).

(1)

1992 c. 19.

(2)

The non-metropolitan district of Gloucester 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)

S.I. 1976/1967.

(6)

See article 5(5) of the Gloucestershire Districts (Electoral Arrangements) Order 1991 (S.I. 1991/793) in relation to the creation of the Quedgeley ward.