The District of Stroud (Parishes and Electoral Changes) Order 2001

Statutory Instruments

2001 No. 3883

LOCAL GOVERNMENT, ENGLAND

The District of Stroud (Parishes and Electoral Changes) Order 2001

Made

30th November 2001

Coming into force in accordance with article 1(2) to 4

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 June 2001 on its review of the district of Stroud together with its recommendations:

And whereas the Stroud District Council, acting pursuant to section 9 of the Local Government and Rating Act 1997(2) have submitted to the Secretary of State a report on their review of parishes in the district of Stroud together with their recommendations, to which the Secretary of State has decided to give effect:

And whereas the Secretary of State has decided to give effect to the recommendations of the Local Government Commission for England, subject to one modification and to the recommendations of the District Council:

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 sections 14 and 23 of the Local Government and Rating Act 1997, 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 District of Stroud (Parishes and Electoral Changes) Order 2001.

(2) This article and articles 3, 4, 7 and 12 shall come into force—

(a) for the purposes of proceedings preliminary or relating to any election to be held on 2nd May 2002, on the day after that on which it is made;

(b) for all other purposes, on 2nd May 2002.

(3) Article 2 shall come into force on 1st April 2002.

(4) Articles 5, 6, 8, 9, 10 and 11 of this Order shall come into force—

(a) for the purposes of proceedings preliminary or relating to the election of parish councillors for the parishes of Cam, Minchinhampton, Rodborough, Stroud, Thrupp and Dursley, to be held on 1st May 2003, on 15th October 2002;

(b) for all other purposes, on 1st May 2003.

(5) In this Order—

“district” means the district of Stroud;

“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 for Transport, Local Government and the Regions marked “Map of the District of Stroud (Parishes and Electoral Changes) Order 2001”, 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.

Transfers between parishes

2.  The area on sheet 1 shaded in blue and designated by the letter “A”, shall cease to form part of the parish of Moreton Valence and shall become part of the parish of Longney.

Wards of the district of Stroud

3.—(1) The existing wards of the district(5) shall be abolished.

(2) The district shall be divided into thirty 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, where an area is not 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, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.

Elections of the council of the district of Stroud

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

(2) Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2002(6).

(3) The councillors holding office for any ward of the district immediately before 6th May 2002 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 2002 for any ward of the district is two or more—

(a) the first to retire shall, subject to paragraphs (6) and (7), 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 preceding 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 parish of Cam

5.—(1) The existing wards of the parish of Cam shall be abolished.

(2) The parish shall be divided into four parish wards which shall bear the names Central, Lower, Upper and Woodfield; and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.

(3) The number of councillors to be elected for each parish ward shall be four.

Wards of the parish of Minchinhampton

6.—(1) The existing wards of the parish of Minchinhampton shall be abolished.

(2) The parish shall be divided into five parish wards which shall bear the names Amberley, Box, Brimscombe, North and South; and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.

(3) The number of councillors to be elected for the Box parish ward shall be one, for the Amberley parish ward shall be two, for the Brimscombe and South parish wards shall be three, and for the North parish ward shall be six.

Wards of the parish of Randwick

7.  The parish of Randwick shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.

Wards of the parish of Rodborough

8.—(1) The existing wards of the parish of Rodborough shall be abolished.

(2) The parish shall be divided into four parish wards which shall bear the names Butterow, North, South and West; and the wards shall comprise the areas designated on sheet 7 by reference to the name of the ward and demarcated by orange lines.

(3) The number of councillors to be elected for the South parish ward shall be one, for the Butterow parish ward shall be two, for the North parish ward shall be four, and for the West parish ward shall be five.

Wards of the parish of Stroud

9.—(1) The existing wards of the parish of Stroud shall be abolished.

(2) The parish shall be divided into six parish wards which shall bear the names Central, Farmhill and Paganhill, Slade, Trinity, Uplands and Valley; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for each parish ward shall be three.

Wards of the parish of Thrupp

10.  The parish of Thrupp shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.

Numbers of parish councillors

11.  The number of parish councillors to be elected for the parish of Dursley shall be seventeen, of whom six shall be elected for each of the parish wards of Central and Highfields and five for the parish ward of Kingshill.

Parish Elections

12.—(1) The term of office of every parish councillor elected on the ordinary day of election of councillors in 1999 for the parishes of Chalford, Coaley, Elmore, Hardwicke, Longney and Slimbridge shall be three years.

(2) The term of office of every parish councillor elected on the ordinary day of election of councillors in 2000 for the parishes of Alkington, Berkeley, Ham and Stone, Hamfallow, Haresfield, Randwick and Whitminster shall be two years.

(3) Elections of all parish councillors for the parishes of Alkington, Arlingham, Berkeley, Bisley with Lypiatt, Chalford, Coaley, Elmore, Frampton on Severn, Fretherne with Saul, Ham and Stone, Hamfallow, Haresfield, Hardwicke, Hinton, Longney, Nympsfield, Randwick, Slimbridge, Stinchcombe, Uley, Whitminster and Whiteshill and Ruscombe shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.

(4) The ordinary elections of parish councillors for the parish of North Nibley in 2002 shall not take place; and any such parish councillor holding office immediately before 5th May 2002 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2003.

(5) Elections of all parish councillors for the parish of North Nibley shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.

(6) The ordinary elections of parish councillors for the parishes of Cranham, Eastington, Frocester, Hillesley and Tresham, Kings Stanley, Kingswood, Leonard Stanley, Miserden, Painswick, Pitchcombe and Woodchester in 2003 shall not take place; and any such parish councillor holding office immediately before 6th May 2003 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2004.

(7) Elections of all parish councillors for the parishes of Brookthorpe with Whaddon, Cranham, Eastington, Frocester, Harescombe, Hillesley and Tresham, Kings Stanley, Kingswood, Leonard Stanley, Miserden, Painswick, Pitchcombe, Standish, Upton St Leonards and Woodchester shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.

(8) The term of office of any parish councillor to whom paragraphs (3) and (5) of this article apply shall be four years; all parish 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.

(9) Rule 8 of the Local Elections (Parishes and Communities) Rules 1986(7) (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 5th May 2003 in the office of a parish councillor for the parish of North Nibley as if the reference in paragraph (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 5th May 2003.

(10) Rule 8 of the Local Elections (Parishes and Communities) Rules 1986(8) (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 6th May 2004 in the office of a parish councillor for the parishes of Cranham, Eastington, Frocester, Hillesley and Tresham, Kings Stanley, Kingswood, Leonard Stanley, Miserden, Painswick, Pitchcombe and Woodchester as if the reference in paragraph (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 6th May 2004.

Revocation

13.  The District of Stroud (Electoral Arrangements) Order 1979 is hereby revoked.

Signed by authority of the Secretary of State for Transport, Local Government and the Regions

Alan Whitehead

Parliamentary Under Secretary of State

Department for Transport, Local Government and the Regions

30th November 2001

Article 3

SCHEDULE 1 NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of Ward	Area of Ward	Number of Councillors
Amberley and Woodchester		1
Berkeley	The parishes of Berkeley, Hamfallow and Hinton	2
Bisley	The parish of Bisley-with-Lypiatt	1
Cainscross		3
Cam East		2
Cam West		2
Central		1
Chalford		3
Coaley and Uley	The parishes of Coaley, Nympsfield, Owlpen and Uley	1
Dursley	The parish of Dursley	3
Eastington and Standish	The parishes of Eastington and Standish	1
Farmhill and Paganhill		l
Hardwicke	The parishes of Elmore, Haresfield, Hardwicke and Longney	2
Kingswood	The parishes of Alderley, Hillesley and Tresham, and Kingswood	1
Minchinhampton		2
Nailsworth	The parishes of Horsley and Nailsworth	3
Over Stroud		1
Painswick	The parishes of Cranham, Miserden, Painswick and Pitchcombe	2
Rodborough		2
Severn	The parishes of Arlingham, Frampton on Severn, Fretherne with Saul, Moreton Valence, Slimbridge and Whitminster	2
Slade		1
Stonehouse	The parish of Stonehouse	3
The Stanleys	The parishes of Frocester, King’s Stanley and Leonard Stanley	2
Thrupp		1
Trinity		1
Uplands		1
Upton St Leonards	The parishes of Brookthorpe-with-Whaddon, Harescombe and Upton St Leonards	1
Vale	The parishes of Alkington, Ham and Stone, and Stinchcombe	1
Valley		1
Wotton-under-Edge	The parishes of North Nibley and Wotton-under-Edge	3

Article 4(4)

SCHEDULE 2 ORDER OF RETIREMENT OF COUNCILLORS

(1)	(2)	(3)	(4)
Name of Ward	Number of councillors to retire in 2003	Number of councillors to retire in 2004	Number of councillors to retire in 2006
Amberley and Woodchester	0	1	0
Berkeley	0	1	1
Bisley	0	0	1
Cainscross	1	1	1
Cam East	1	0	1
Cam West	1	0	1
Central	1	0	0
Chalford	1	1	1
Coaley and Uley	0	0	1
Dursley	1	1	1
Eastington and Standish	0	1	0
Farmhill and Paganhill	1	0	0
Hardwicke	0	1	1
Kingswood	0	1	0
Minchinhampton	1	1	0
Nailsworth	1	1	1
Over Stroud	0	0	1
Painswick	0	1	1
Rodborough	1	1	0
Severn	0	1	1
Slade	1	0	0
Stonehouse	1	1	1
The Stanleys	0	1	1
Thrupp	1	0	0
Trinity	1	0	0
Uplands	1	0	0
Upton St Leonards	0	1	0
Vale	0	0	1
Valley	1	0	0
Wotton-under-Edge	1	1	1

Article 7

SCHEDULE 3 WARDS OF THE PARISH OF RANDWICK NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of Ward	Area of Ward	Number of Councillors
Lower Westrip	So much of the district ward of Cainscross as comprises part of the parish of Randwick	5
Randwick	So much of the district ward of Over Stroud as comprises part of the parish of Randwick	4

Article 10

SCHEDULE 4 WARDS OF THE PARISH OF THRUPP NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of Ward	Area of Ward	Number of Councillors
Bourne	So much of the district ward of Chalford as comprises part of the parish of Thrupp	1
Thrupp	So much of the district ward of Thrupp as comprises part of the parish of Thrupp	8

Explanatory Note

(This note is not part of the Order)

This Order gives effect, on 1st April 2002, to parish boundary recommendations made by Stroud District Council. Subject to that, it also gives effect to recommendations by the Local Government Commission for England (“the LGC”) for electoral changes in the district of Stroud with one modification. Those changes have effect in relation to local government elections to be held on and after 2nd May 2002.

The modification relates to the name of one of the proposed new wards. The Secretary of State has decided that the ward for which the LGC suggested the name “Woodchester” should be called “Amberley and Woodchester”.

Article 2 transfers an area of land (62 electors) from the parish of Moreton Valence to the parish of Longney. In consequence of these transfers, the Secretary of State has decided to modify the recommendations of the LGC for the district wards of Severn and Hardwicke so that the boundaries of those wards reflect the new parish boundaries of the two parishes of Moreton Valence and Longney.

Article 3 abolishes the existing wards of the district and provides for the creation of thirty 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 4 makes provision for a whole council election in 2002 and for reversion to elections by thirds in subsequent years. Schedule 2 regulates the order of retirement of councillors.

Articles 5 to 11 make electoral changes in the parishes of Cam, Minchinhampton, Randwick, Rodborough, Stroud, Thrupp and Dursley.

Article 12 revokes the District of Stroud (Electoral Arrangements) Order 1979.

The areas of the new district and parish 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 Stroud Council and at the offices of the Secretary of State for Transport, Local Government and the Regions, 2nd Floor, Ashdown House, 123 Victoria Street, London SW1E 6DE.

(1)

1992 c. 19.

(2)

1997 c. 27.

(3)

Section 17 is amended by section 39(4) and (5) of the Police 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 Stroud (Electoral Arrangements) Order 1979 (S.I. 1979/1495) as amended by article 6 of the Gloucestershire Districts (Electoral Arrangements) Order 1991 (S.I. 1991/793).

(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) and section 17 of, and paragraphs 1 and 5 of Schedule 3 to, the Greater London Authority Act 1999 (c. 29).

(7)

S.I. 1986/2215, to which there are amendments not relevant to this Order.

(8)

S.I. 1986/2215, to which there are amendments not relevant to this Order.