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The St Albans (Electoral Changes) Order 2021

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The St Albans (Electoral Changes) Order 2021 No. 900

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

2021 No. 0000

Local Government, England

The St Albans (Electoral Changes) Order 2021

Made

***

Coming into force in accordance with article 1(2), (3) and (4)

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 December 2020 stating its recommendations for changes to the electoral arrangements for St Albans. 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, commencement, extent and application

1.—(1) This Order may be cited as the St Albans (Electoral Changes) Order 2021.

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

(3) Articles 3 and 4 come 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 in England(3) in 2022.

(4) Article 5 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 in England in 2023.

(5) This Order extends to England and Wales but applies in relation to England only.

Interpretation

2.—(1) In this Order, “the map” means the map marked “Map referred to in the St Albans (Electoral Changes) Order 2021”, 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 St Albans and number of councillors

3.—(1) The existing wards of St Albans are abolished.

(2) St Albans is divided into the 20 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 councillors for each ward of St Albans

4.—(1) Elections of all councillors for each ward of St Albans are to be held simultaneously on the ordinary day of election of councillors in 2022.

(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 England in 2022 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 2022 each is to retire in accordance with the provision made in the table in Schedule 2.

(4) Of the councillors elected in 2022—

(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 England 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 Colney Heath, Harpenden Town, London Colney, Sandridge, St Michael, St Stephen and Wheathampstead

5.—(1) The existing wards of the parishes of Colney Heath, Harpenden Town, London Colney, Sandridge, St Michael, St Stephen and Wheathampstead are abolished.

(2) The parish of Colney Heath is divided into the four parish wards listed in the first column of table 1 in Schedule 3.

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

(4) The parish of London Colney is divided into the two parish wards listed in the first column of table 3 in Schedule 2.

(5) The parish of Sandridge is divided into the four parish wards listed in the first column of table 4 in Schedule 3.

(6) The parish of St Michael is divided into the three parish wards listed in the first column of table 5 in Schedule 3.

(7) The parish of St Stephen is divided into the two parish wards listed in the first column of table 6 in Schedule 3.

(8) The parish of Wheathampstead is divided into the two parish wards listed in the first column of table 7 in Schedule 3.

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

(10) 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 relevant table in Schedule 3.

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 number of councillors

(1)

Name of ward

(2)

Number of councillors

Batchwood3
Bernards Heath3
Clarence3
Colney Heath1
Cunningham3
Harpenden East3
Harpenden North & Rural3
Harpenden South3
Harpenden West3
Hill End3
London Colney3
Marshalswick East & Jersey Farm3
Marshalswick West2
Park Street3
Redbourn2
Sandridge & Wheathampstead3
Sopwell3
St Peters3
St Stephen3
Verulam3

Article 4

SCHEDULE 2Retirement of councillors elected in 2022

(1) Name of ward(2) Number of councillors to retire in 2023(3) Number of councillors to retire in 2024(4) Number of councillors to retire in 2026
Batchwood111
Bernards Heath111
Clarence111
Colney Heath001
Cunningham111
Harpenden East111
Harpenden North & Rural111
Harpenden South111
Harpenden West111
Hill End111
London Colney111
Marshalswick East & Jersey Farm111
Marshalswick West011
Park Street111
Redbourn101
Sandridge & Wheathampstead111
Sopwell111
St Peters111
St Stephen111
Verulam111

Article 5

SCHEDULE 3Names of parish wards and number of councillors

Table 1

Wards of the parish of Colney Heath

(1)

Name of parish ward

(2)

Number of councillors

Alban Park2
Colney Heath3
Hill End3
Tyttenhanger1

Table 2

Wards of the parish of Harpenden Town

(1)

Name of parish ward

(2)

Number of councillors

Harpenden East4
Harpenden North4
Harpenden South4
Harpenden West4

Table 3

Wards of the parish of London Colney

(1)

Name of parish ward

(2)

Number of councillors

London Colney7
Napsbury Park2

Table 4

Wards of the parish of Sandridge

(1)

Name of parish ward

(2)

Number of councillors

Beech Bottom1
Marshalswick East & Jersey Farm8
Marshalswick West3
Sandridge Village2

Table 5

Wards of the parish of St Michael

(1)

Name of parish ward

(2)

Number of councillors

St Michael North3
St Michael South3
St Michael South East1

Table 6

Wards of the parish of St Stephen

(1)

Name of parish ward

(2)

Number of councillors

Park Street5
Bricket Wood & Chiswell Green7

Table 7

Wards of the parish of Wheathampstead

(1)

Name of parish ward

(2)

Number of councillors

Aldwickbury1
Wheathampstead Village11

EXPLANATORY NOTE

(This note is not part of the Order)

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

Article 3 abolishes the existing electoral wards of St Albans and replaces them with 20 new ones for the purpose of elections held on or after the ordinary day of election of councillors in England in 2022. 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 council election in 2022. 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 2023, 2024 and 2026 and the election of their replacements

Article 5 makes changes to parish wards which are consequential on the changes made by article 3. The changes to parish wards introduced by article 5 come into force for the purpose of parish elections in 2023.

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 https://www.lgbce.org.uk/all-reviews/eastern/hertfordshire/st-albans.

An impact assessment has not been produced for this instrument as no impact on the private, public 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), renumbered by paragraph 5 of Schedule 3 to the Greater London Authority Act 1999 (c. 29), and further amended by section 6(16) of the Wales Act 2017 (c. 4).

(4)

Prints 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. It is also accessible online at https://www.lgbce.org.uk/all-reviews/eastern/hertfordshire/st-albans.

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