The Borough of Ellesmere Port & Neston (Electoral Changes) Order 1998

Statutory Instruments

1998 No. 2844

LOCAL GOVERNMENT, ENGLAND AND WALES

The Borough of Ellesmere Port & Neston (Electoral Changes) Order 1998

Made

13th November 1998

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 March 1998 on its review of the borough of Ellesmere Port & Neston(2) 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 Borough of Ellesmere Port & Neston (Electoral Changes) Order 1998.

(2) This Order shall come into force for all purposes on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on the day after that on which it is made.

(3) In this Order–

“the borough” means the borough of Ellesmere Port & Neston;

“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 Borough of Ellesmere Port & Neston (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994(4).

Wards of Ellesmere Port & Neston

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

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

(3) The wards shall comprise the areas 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 of the feature.

Elections of the council of Ellesmere Port & Neston

3.—(1) Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.

(2) Elections of all councillors for wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 1999(6).

(3) The councillors holding office for any ward in the borough immediately before 10th May 1999 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.

(4) The order of retirement of councillors shall be as set out in Schedule 2.

(5) Where the number of councillors elected in 1999 for any ward of the borough is two or more–

(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 Borough of Ellesmere Port (Electoral Arrangements) Order 1976 is hereby revoked.

Signed by authority of the Secretary of State

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

13th November 1998

Article 2

SCHEDULE 1 NAMES OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)
Name of ward	Number of councillors
Burton & Ness	1
Central	2
Grange	3
Groves	2
Ledsham	3
Little Neston	2
Neston	2
Parkgate	2
Pooltown	2
Rivacre	2
Riverside	2
Rossmore	3
Stanlow & Wolverham	3
Strawberry Fields	2
Sutton	3
Sutton Green & Manor	2
Westminster	2
Whitby	3
Willaston & Thornton	2

Article 3(4)

SCHEDULE 2 ORDER OF RETIREMENT OF COUNCILLORS

Name of ward	Number of councillors to retire in 2000	Number of councillors to retire in 2002	Number of councillors to retire in 2003
Burton & Ness	1	0	0
Central	1	0	1
Grange	1	1	1
Groves	1	0	1
Ledsham	1	1	1
Little Neston	1	0	1
Neston	0	1	1
Parkgate	0	1	1
Pooltown	1	1	0
Rivacre	1	0	1
Riverside	1	1	0
Rossmore	1	1	1
Stanlow & Wolverham	1	1	1
Strawberry Fields	0	1	1
Sutton	1	1	1
Sutton Green & Manor	1	1	0
Westminster	0	1	1
Whitby	1	1	1
Willaston & Thornton	1	1	0

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 borough of Ellesmere Port & Neston.

Article 2 abolishes all of the existing wards of the borough and provides for the creation of 19 new wards. That article and Schedule 1 also 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 Ellesmere Port & Neston in 1999 and for elections by thirds in subsequent year. Schedule 2 provides for the order of retirement of councillors.

Article 4 revokes the Borough of Ellesmere Port (Electoral Arrangements) Order 1976.

The areas of the new borough 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 Ellesmere Port & Neston Borough Council and at the offices of the Secretary of State for the Environment, Transport and the Regions which are located at 2nd Floor, Ashdown House, 123 Victoria Street, London SW1E 6DE.

(1)

1992 c. 19.

(2)

The non-metropolitan district of Ellesmere Port & Neston has the status of a borough.

(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 Borough of Ellesmere Port (Electoral Arrangements) Order 1976 (S.I. 1976/197).

(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).