The South Lakeland (Electoral Changes) Order 2017

Draft Order laid before Parliament under section 59(9) of the Local Democracy, Economic Development and Construction Act 2009; draft to lie for forty days pursuant to section 6(1) of the Statutory Instruments Act 1946, during which period either House of Parliament may resolve that the Order be not made.

Draft Statutory Instruments

2017 No.

Local Government, England

The South Lakeland (Electoral Changes) Order 2017

Made

***

Coming into force in accordance with article 1

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 October 2016 stating its recommendations for changes to the electoral arrangements for South Lakeland. The Commission has decided to give effect to the recommendations.

A draft of the instrument has been laid before each House of Parliament, a period of forty days has expired since the day on which it was laid 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 South Lakeland (Electoral Changes) Order 2017.

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

(b) for all other purposes, on the ordinary day of election of councillors(3) in 2018.

Interpretation

2.—(1) In this Order, “the map” means the map marked “Map referred to in the South Lakeland (Electoral Changes) Order 2017”, held by the Local Government Boundary Commission for England(4).

(2) 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.

Wards of South Lakeland and number of councillors

3.—(1) The existing wards of South Lakeland are abolished.

(2) The district of South Lakeland is divided into 18 wards as listed in the first column of the table in Schedule 1.

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

(4) The number of councillors to be elected for each ward is the number specified by the entry in the second column of the table in Schedule 1 which relates to that ward.

Elections of South Lakeland District Council

4.—(1) Elections of all councillors for each ward of South Lakeland are to be held simultaneously on the ordinary day of election of councillors in 2018.

(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 2018 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 2018, each is to retire in accordance with the provision made in the table in Schedule 2.

(4) Of the councillors elected in 2018—

(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 is to retire under paragraph (3) is to be held on the ordinary day of election of councillors in the year in which the retirement is due to take place, and any newly elected councillor is 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.

Wards of the parishes of Kendal Town and Windermere Town

5.—(1) The existing wards of the parishes of Kendal Town and Windermere Town are abolished.

(2) The parish of Kendal Town is divided into the ten parish wards listed in the first column of table 1 in Schedule 3.

(3) The parish of Windermere Town is divided into the four parish wards listed in the first column of table 2 in Schedule 3.

(4) Each parish ward comprises the area identified on the map by reference to the name of the parish ward.

(5) The number of councillors to be elected for each parish ward is the number specified in relation to that ward in the second column of the tables in Schedule 3.

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

Name

Chief Executive

Local Boundary Commission for England

Date

Article 3

SCHEDULE 1 Names of wards and number of councillors

(1) Name of district ward	(2) Number of councillors
Ambleside & Grasmere	2
Arnside & Milnthorpe	3
Bowness & Levens	3
Broughton & Coniston	3
Burton & Crooklands	3
Cartmel	2
Furness Peninsula	3
Grange	3
Kendal East	3
Kendal North	2
Kendal Rural	3
Kendal South & Natland	3
Kendal Town	3
Kendal West	3
Sedbergh & Kirkby Lonsdale	3
Ulverston East	3
Ulverston West	3
Windermere	3

Article 4

SCHEDULE 2 Retirement of councillors elected in 2018

(1) Name of district ward	(2) Number of councillors to retire in 2019	(3) Number of councillors to retire in 2020	(4) Number of councillors to retire in 2022
Ambleside & Grasmere	1	0	1
Arnside & Milnthorpe	1	1	1
Bowness & Levens	1	1	1
Broughton & Coniston	1	1	1
Burton & Crooklands	1	1	1
Cartmel	0	1	1
Furness Peninsula	1	1	1
Grange	1	1	1
Kendal East	1	1	1
Kendal North	0	1	1
Kendal Rural	1	1	1
Kendal South & Natland	1	1	1
Kendal Town	1	1	1
Kendal West	1	1	1
Sedbergh & Kirkby Lonsdale	1	1	1
Ulverston East	1	1	1
Ulverston West	1	1	1
Windermere	1	1	1

Article 5

SCHEDULE 3 Names of parish wards and number of councillors

Table 1

Wards of the Parish of Kendal Town

(1) Name of parish ward	(2) Number of councillors
Kendal Castle	2
Kendal Fell	2
Kendal Heron Hill	4
Kendal Highgate	2
Kendal Kirkland	4
Kendal Mintsfleet	2
Kendal Nether	4
Kendal Oxenholme	1
Kendal Stonecross	3
Kendal Strickland	4

Table 2

Wards of the parish of Windermere Town

(1) Name of parish ward	(2) Number of councillors
Applethwaite	4
Bowness North	6
Bowness South	4
Windermere Town	6

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes changes to the electoral arrangements for the District of South Lakeland following recommendations made by the Local Government Boundary Commission for England. The area of the district remains unchanged.

The changes which articles 3 and 4 introduce begin to apply to local government elections in 2018. Article 2 abolishes the existing electoral wards comprising the area covered by South Lakeland and provides that South Lakeland is divided into 18 wards and names each of them. All but three of those wards are represented by three councillors. Article 4 makes provision for the means by which councillors are to retire

Article 5 makes provision in respect of two parishes which is consequential to the changes introduced by article 2.

The area covered by each ward created by this Order is identified on a map which is available for inspection at reasonable times at the offices of the Local Government Boundary Commission for England, 14th floor, Millbank Tower, London SW1P 4QP. The map may also be accessed at https://www.lgbce.org.uk/current-reviews/north-west/cumbria/south-lakeland

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 1st 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(1) of the Representation of the People Act 1983 (c.2) as amended by section 18(2) of the Representation of the People Act 1985 (c.50).

(4)

Prints of the map are available for inspection at reasonable times at the principal office of the Local Government Boundary Commission for England, 14th floor, Millbank Tower, London SW1P 4QP. It is also accessible online at https://www.lgbce.org.uk/current-reviews/north-west/cumbria/south-lakeland