The Elmbridge (Electoral Changes) Order 2016

Statutory Instruments

2016 No. 301

Local Government, England

The Elmbridge (Electoral Changes) Order 2016

Made

3rd March 2016

Coming into force in accordance with article 1(2) and (3)

Under section 58(4) of the Local Democracy, Economic Development and Construction Act 2009(1) (“the Act”) the Local Government Boundary Commission for England(2) (“the Commission”) published a report dated 5th January 2016 stating its recommendation for changes to the electoral arrangements for the borough of Elmbridge. The Commission has decided to give effect to the recommendations.

A draft of the instrument has been laid before Parliament and a period of forty days has expired and neither House has resolved that the instrument be not made.

The Commission makes the following Order in exercise of the power conferred by section 59(1) of the Act:

Citation and commencement

1.—(1) This Order may be cited as the Elmbridge (Electoral Changes) Order 2016.

(2) This article and article 2 come into force on the day after this Order is made.

(3) The remainder of this Order comes into force—

(a) for the purpose of proceedings preliminary or relating to the election of councillors, on the day after it is made;

(b) for all other purposes, on the ordinary day of election of councillors(3) in 2016.

Interpretation

2.  In this Order “the map” means the map marked “Map referred to in the Elmbridge (Electoral Changes) Order 2016”, held by the Local Government Boundary Commission for England.

Wards of the borough of Elmbridge and number of councillors

3.—(1) The existing wards of the borough of Elmbridge are abolished.

(2) The borough of Elmbridge is divided into the 16 wards in the following list—

Claygate

Cobham & Downside

Esher

Hersham Village

Hinchley Wood & Weston Green

Long Ditton

Molesey East

Molesey West

Oatlands & Burwood Park

Oxshott & Stoke D’Abernon

Thames Ditton

Walton Central

Walton North

Walton South

Weybridge Riverside

Weybridge St George’s Hill

(3) Each ward comprises the area designated on the map by reference to the name of the ward.

(4) Three councillors are to be elected for each ward.

(5) Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.

Elections of the council of the borough of Elmbridge

4.—(1) Elections of all councillors of each ward of the borough of Elmbridge are to be held simultaneously on the ordinary day of election of councillors in 2016.

(2) The councillors holding office for any ward abolished by article 3(1) immediately before the fourth day after the ordinary day of election of councillors in 2016 are to retire on that fourth day and the newly elected councillors are to come into office on that fourth day.

(3) Of the councillors elected for a ward in 2016, one shall retire on the fourth day after the ordinary day of election of councillors in 2018, one on the fourth day after the ordinary day of election of councillors in 2019 and one on the fourth day after the ordinary day of election of councillors in 2020.

(4) Of the councillors elected in 2016—

(a) the first to retire is to be the councillor elected by the smallest number of votes; and

(b) the second to retire is to be the councillor elected by the next smallest number of votes.

(5) 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 is to be determined by lot.

(6) If an election of councillors for any ward is not contested, the person to retire in each year is to be determined by lot.

(7) An election to replace a councillor who retires under paragraph (3) is to be held on the ordinary day of election of councillors in the year in which the retirement took place; and the newly elected councillors are to come into office on the fourth day after that day.

(8) Where under this article any question is to be determined by lot, the lot is to be drawn at the next practicable meeting of the council after the question has arisen and the drawing is to be conducted under the direction of the person presiding at the meeting.

Sealed with the seal of the Local Government Boundary Commission for England

Jolyon Jackson

Chief Executive

Local Government Boundary Commission for England

3rd March 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes changes to electoral arrangements for the borough of Elmbridge following recommendations made by the Local Government Boundary Commission for England. The area of the borough remains unchanged. The electoral changes apply in respect of local government elections to be held on and after the ordinary day of election of councillors in 2016.

Article 3 abolishes the existing wards of the borough of Elmbridge and replaces them with 16 new ones. That article and the map (as defined in article 2) also establish the names, areas and number of councillors of the new borough wards.

Article 4 makes provision for a whole borough council election in 2016. Subsequently, the council will revert to the existing system of election by thirds. That article also provides for the order of retirement of councillors in 2018, 2019 and 2020 and the election of their replacements.

The map defined in article 2 shows the new borough wards. It is available at https://www.lgbce.org.uk/current-reviews/south-east/surrey/elmbridge . The map is also available for inspection at reasonable times at the offices of the Local Government Boundary Commission for England, 14th floor, Millbank Tower, London SW1P 4QP.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2009 c.20.

(2)

The Local Government Boundary Commission for England was established on 1^st April 2010 by section 55(1) of the Local Democracy, Economic Development and Construction Act 2009.

(3)

The ordinary day of election of councillors is prescribed by section 37 of the Representation of the People Act 1983 c.2.