The Bedfordshire (Structural Changes) Order 2008

PART 6 E+W ELECTORAL MATTERS: MID AND SOUTH BEDFORDSHIRE DISTRICT COUNCILS, THE CENTRAL BEDFORDSHIRE COUNCIL AND PARISHES IN BEDFORD AND CENTRAL BEDFORDSHIRE

Cancellation of elections to South Bedfordshire District Council in 2008, etc E+W

23.—(1) Notwithstanding section 7(8) and (9) of the 1972 Act (elections of councillors)—

(a) elections shall not be held in 2008 for the return of councillors to South Bedfordshire District Council; and

(b) the term of office of all councillors elected to that Council shall end on 1st April 2009(1).

(2) Nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall authorise the holding of an election to fill a casual vacancy in the office of councillor of South Bedfordshire District Council where that vacancy arises after 30th September 2008.

Commencement Information

I1 Art. 23 in force at 28.3.2008, see art. 1

Councillors of Mid Bedfordshire District Council E+W

24.—(1) The term of office of all councillors elected to Mid Bedfordshire District Council shall end on 1st April 2009.

(2) Nothing in section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall authorise the holding of an election to fill a casual vacancy in the office of councillor of Mid Bedfordshire District Council where that vacancy arises after 30th September 2008.

Commencement Information

I2 Art. 24 in force at 28.3.2008, see art. 1

Central Bedfordshire elections in 2009 and 2011, etc E+W

25.—(1) A whole council election of councillors of the Central Bedfordshire Council shall be held on the 2009 election day, on the ordinary day of election of councillors(2) in 2011 (“the 2011 election day”), and every fourth year thereafter.

(2) For the purposes of the 2009 election—

(a) Central Bedfordshire shall be divided into wards;

(b) the names of the new wards shall be those indicated in column 1 of the Table set out in the Schedule to this Order;

(c) the area of each new ward shall be the same as that of the Central electoral division of the same name (as indicated in column 2 of that Table);

(d) the wards of Biggleswade, Dunstable Downs, Houghton Regis, Leighton Linslade Central, and Stotfold and Arlesey shall each return four councillors; and

(e) every other ward shall return two councillors.

(3) At the 2009 election the returning officer shall be the proper officer appointed by the South Bedfordshire District Council (“the Central Bedfordshire returning officer”);. The Central Bedfordshire returning officer shall take such steps as are necessary or appropriate to prepare for the 2009 election, including the making of all necessary alterations in the electoral register.

(4) Notwithstanding section 7(1) of the 1972 Act, the term of office of councillors elected to the Central Bedfordshire Council at the 2009 election shall be two years, and they shall retire on the fourth day after the 2011 election day.

(5) The total of the expenditure properly incurred by the Central Bedfordshire returning officer in relation to the holding of the 2009 election shall be divided among, and paid by, the County Council and the district councils in such proportion as may be agreed between Bedford Borough Council, the County Council and the district councils; but, where the returning officer notifies the Secretary of State that there is no such agreement, the Secretary of State may—

(a) determine the proportion; or

(b) appoint an arbitrator for that purpose.

(6) In relation to the 2009 election, “the appropriate officer” in Parts 1 and 2 of the Representation of the People Act 1983 does not have the meaning given by section 67(7) of that Act but means the Central Bedfordshire returning officer.

(7) All councillors elected in 2011 or any later year 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.

Commencement Information

I3 Art. 25 in force at 28.3.2008, see art. 1

Cancellation of parish council elections in Bedfordshire in 2008, etc E+W

26.—(1) Notwithstanding section 16(3) of the 1972 Act (election of parish councillors)—

(a) elections shall not be held in 2008 for the return of councillors to the council of the parishes of Brickhill, Cardington, Chalgrave, Chalton, Dunstable, Eastcotts, Eggington, Great Billington, Kempston, Stanbridge, Streatley, Sundon, Tilsworth, Toddington and Totternhoe;

(b) the term of office of those parish councillors elected in 2004 or at any subsequent by-election held before the 2009 election day for any parish within Bedford or South Bedfordshire shall end on the fourth day thereafter;

(c) the term of office of those parish councillors elected in 2009 or at any subsequent by-election held before the ordinary day of election of councillors in 2011 (“the 2011 election day”) shall end on the fourth day after the 2011 election day(3).

(2) Elections of parish councillors for every parish council in Bedford and Central Bedfordshire shall be held on the ordinary day of election of councillors in 2011 and in every fourth year thereafter.

(3) The term of office of parish councillors shall be four years and 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 parish councillors shall come into office on the day on which their predecessors retire.

Commencement Information

I4 Art. 26 in force at 28.3.2008, see art. 1

(1)

Under section 7(9) of the Local Government Act 1972, the term of office of councillors of non-metropolitan district councils is four years. South Bedfordshire District Council elects by thirds; see section 7(4)(b) of the 1972 Act and S.I. 2001/4068.

(2)

See section 37 of the Representation of the People Act 1983 (c.2).

(3)

Section 16 of the Local Government Act 1972 was amended by paragraph 6 of Schedule 5 to the Local Government and Public Involvement in Health Act 2007. Under section 16(3) of the Local Government Act 1972, the term of office of parish councillors is four years.