The Borough of Amber Valley (Electoral Changes) Order 1999

Statutory Instruments

1999 No. 2690

LOCAL GOVERNMENT, ENGLAND

The Borough of Amber Valley (Electoral Changes) Order 1999

Made

27th 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 November 1998 on its review of the borough(2) of Amber Valley together with its recommendations:

And whereas the Secretary of State has decided to give effect, with modifications, 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 Amber Valley (Electoral Changes) Order 1999.

(2) This Order shall come into force—

(a) for the purpose of 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 borough” means the borough of Amber Valley;

“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;

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 Amber Valley (Electoral Changes) Order 1999”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994(4); and

any reference to a numbered sheet is a reference to the sheet of the map which bears that number.

Wards of Amber Valley

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

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

(3) The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or parishes and parish wards or, where no area is so described, 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 (3) 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 Amber Valley

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 all wards of the borough 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 borough 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) Where the number of councillors elected in 2000 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.

Wards of the town of Belper

4.—(1) The existing wards of the town of Belper shall be abolished.

(2) The town shall be divided into four Town wards which shall bear the names set out in column (1) of Schedule 3; each town ward shall comprise the area of the borough ward specified in respect of the town ward in column (2) of that Schedule, and the number of councillors to be elected for each town ward shall be four.

Wards of the parish of Crich

5.—(1) The existing wards of Crich shall be abolished.

(2) The parish shall be divided into three parish wards which shall bear the names Crich, Fritchley and Whatstandwell; and the wards shall comprise the areas designated on sheet 4 by reference to the names of the wards and demarcated by orange lines.

(3) The number of councillors to be elected for the Crich, Fritchley and Whatstandwell wards shall be seven, three and two respectively.

Wards of the town of Heanor and Loscoe

6.—(1) The existing wards of the town of Heanor and Loscoe shall be abolished.

(2) The town shall be divided into three town wards which shall bear the names set out in column (1) of Schedule 4; each town ward shall comprise the area of the borough ward specified in respect of the town ward in column (2) of that Schedule, and the number of councillors to be elected for each town ward shall be seven.

Wards of the town of Ripley

7.—(1) The existing wards of the town of Ripley shall be abolished.

(2) The town shall be divided into nine towns wards which shall bear the names Ambergate, Butterley, Central, East, Elms, Heage, Marehay, North and Waingroves; and the wards shall comprise the areas designated on sheet 5 by reference to the names of the wards and demarcated by orange lines.

(3) The number of councillors to be elected for the town wards shall be five in the case of East, three in the case of Elms and Heage, two in the case of Ambergate, Butterley, Central, and North, and one in the case of Marehay and Waingroves.

Revocation

8.  The District of Amber Valley (Electoral Arrangements) Order 1978 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

27th September 1999

Article 2

SCHEDULE 1 NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of ward	Description of area	Number of Councillors
Alfreton		3
Alport	The parishes of Alderwasley, Ashleyhay, Dethick, Lea and Holloway, Hazelwood, Idridgehay & Alton and Shottle & Postern	1
Belper Central		2
Belper East		2
Belper North		2
Belper South		2
Codnor and Waingroves		2
Crich		1
Duffield	The parish of Duffield	2
Heage and Ambergate		2
Heanor East		2
Heanor West		2
Heanor and Loscoe		2
Ironville and Riddings		2
Kilburn, Denby and Holbrook		3
Langley Mill and Aldercar	The parish of Aldercar and Langley Mill	2
Ripley		3
Ripley and Marehay		2
Shipley Park, Horsleyand Horsley Woodhouse		2
Somercotes	The parish of Somercotes	2
South West Parishes	The parishes of Kedleston, Kirk Langley, Mackworth, Quarndon, Ravensdale Park, Turnditch, Weston Underwood and Windley	1
Swanwick	The parish of Swanwick	2
Wingfield	The parishes of Pentrich and South Wingfield and Fritchley parish ward of Crich parish	1

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
Alfreton	1	1	1
Alport		1
Belper Central		1	1
Belper East	1	1
Belper North		1	1
Belper South	1	1
Codnor and Waingroves	1		1
Crich		1
Duffield	1	1
Heage and Ambergate		1	1
Heanor East	1		1
Heanor West	1		1
Heanor and Loscoe	1		1
Ironville and Riddings	1		1
Kilburn, Denby and Holbrook	1	1	1
Langley Mill and Aldercar	1		1
Ripley	1	1	1
Ripley and Marehay		1	1
Shipley Park, Horsley and Horsley Woodhouse	1		1
Somercotes	1		1
South West Parishes		1
Swanwick	1	1
Wingfield		1

Article 4

SCHEDULE 3 WARDS OF THE TOWN OF BELPER: NAMES AND AREAS OF WARDS

(1)	(2)
Name of ward	Area of ward
Belper Central	So much of the borough ward of Belper Central as comprises part of the town of Belper
Belper East	So much of the borough ward of Belper East as comprises part of the town of Belper
Belper North	So much of the borough ward of Belper North as comprises part of the town of Belper
Belper South	So much of the borough ward of Belper South as comprises part of the town of Belper

Article 6

SCHEDULE 4 WARDS OF THE TOWN OF HEANOR AND LOSCOE: NAMES AND AREAS OF WARDS

(1)	(2)
Name of ward	Area of ward
Heanor East	So much of the borough ward of Heanor East as comprises part of the town of Heanor and Loscoe
Heanor West	So much of the borough ward of Heanor West as comprises part of the town of Heanor and Loscoe
Loscoe	So much of the borough ward of Heanor and Loscoe as comprises part of the town of Heanor and Loscoe

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 Amber Valley. The modifications relate to the names of the wards of Heanor and Loscoe, Ironville and Riddings, Langley Mill and Aldercar and Shipley Park, Horsley and Horsley Woodhouse.

Article 2 abolishes the existing wards of the borough and provides for the creation of 23 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 Amber Valley in 2000 and reversion to elections by thirds in subsequent years. Schedule 2 regulates the order of retirement of councillors.

Articles 4 to 7 make electoral changes in the towns of Belper, Heanor and Loscoe, and Ripley, and in the parish of Crich.

Article 8 revokes the District of Amber Valley (Electoral Arrangements) Order 1978.

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 Amber Valley Borough 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 Amber Valley 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 District of Amber Valley (Electoral Arrangements) Order 1978 (S.I. 1978/1611).

(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).