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The Reigate and Banstead (Electoral Changes) Order 2019

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Reigate and Banstead (Electoral Changes) Order 2019 No. 125

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

2019 No. 0000

Local Government, England

The Reigate and Banstead (Electoral Changes) Order 2019

Made

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 October 2018 stating its recommendations for changes to the electoral arrangements for the borough of Reigate and Banstead. 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 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 Reigate and Banstead (Electoral Changes) Order 2019.

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

(3) Articles 3 to 5 come into force—

(a)for purposes 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 in England(3) in 2019.

Interpretation

2.—(1) In this Order, “the map” means the map marked “Map referred to in the Reigate and Banstead (Electoral Changes) Order 2019”, 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 the borough of Reigate and Banstead and number of councillors

3.—(1) The existing wards of the borough of Reigate and Banstead are abolished.

(2) The borough of Reigate and Banstead is divided into the 15 wards 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 in relation to that ward in the second column of the table in Schedule 1.

Elections of the borough of Reigate and Banstead

4.—(1) Elections of all councillors for each ward of the borough of Reigate and Banstead are to be held simultaneously on the ordinary day of election of councillors in 2019.

(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 2019 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 2019, one is to retire on the fourth day after the ordinary day of election of councillors in 2020, one on the fourth day after the ordinary day of election of councillors in 2022 and one on the fourth day after the ordinary day of election of councillors in 2023.

(4) Of the councillors elected for a ward in 2019—

(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 parish of Horley

5.—(1) The existing wards of the parish of Horley are abolished.

(2) The parish of Horley is divided into the five parish wards listed in the first column of the table in Schedule 2.

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

(4) 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 table in Schedule 2.

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

Name

Chief Executive

Local Government Boundary Commission for England

Date

Article 3

SCHEDULE 1Names of wards and numbers of councillors

(1)

Name of ward

(2)

Number of councillors

Banstead Village3
Chipstead, Kingswood & Woodmansterne3
Earlswood & Whitebushes3
Hooley, Merstham & Netherne3
Horley Central & South3
Horley East & Salfords3
Horley West & Sidlow3
Lower Kingswood, Tadworth & Walton3
Meadvale & St John’s3
Nork3
Redhill East3
Redhill West & Wray Common3
Reigate3
South Park & Woodhatch3
Tattenham Corner & Preston3

Article 5

SCHEDULE 2Names of parish wards and number of councillors

Wards of the parish of Horley

(1) Name of parish ward(2) Number of councillors
Horley East4
Horley Central North2
Horley South5
Horley Upper North1
Horley West6

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes changes to electoral arrangements for the borough of Reigate and Banstead following recommendations made by the Local Government Boundary Commission for England. The area of the borough of Reigate and Banstead remains unchanged. The changes made by this Order apply in respect of local government elections held on and after the ordinary day of election of councillors in England in 2019.

Article 3 abolishes the existing electoral wards of the borough of Reigate and Banstead and replaces them with 15 new ones. It establishes the names and areas of the new electoral wards and the number of councillors for each.

Article 4 makes provision for a whole borough council election in 2019. 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 2020, 2022 and 2023 and the election of their replacements.

Article 5 make changes to parish wards which are consequential to the changes made by article 3.

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, 1st Floor, Windsor House, 50 Victoria Street, London SW1H 0TL. The map may also be accessed at http://www.lgbce.org.uk/all-reviews/south-east/surrey/reigate-and-banstead

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

(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 in England 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) and section 6(16) of the Wales Act 2017 (c. 4).

(4)

Printed copies of the map are available for inspection at reasonable times at the principal office of the Local Government Boundary Commission for England, 1st Floor, Windsor House, 50 Victoria Street, London SW1H 0TL. The map may also be accessed online at http://www.lgbce.org.uk/all-reviews/south-east/surrey/reigate-and-banstead

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