Charlwood and Horley Act 1974

2 Supplementary. U.K.

(1) Subject to the provisions of this section, the Local Government Act 1972 and orders of general application made under Part XII of that Act shall have effect as if the provisions of this Act were contained in that Act.

(2) Without prejudice to subsection (1) above and paragraph 3 of Schedule 3 to that Act (division of principal areas into electoral areas), the Secretary of State may, after carrying out (either before or after the passing of this Act) such consultations as he thinks appropriate, by order made by statutory instrument make provision—

(a) creating or altering electoral areas within the local government areas affected by section 1 above and giving names to any new or altered electoral area;

(b) specifying the number of councillors to be returned for each new or altered electoral area;

(c) providing for the first elections after the passing of this Act of councillors for the new or altered electoral areas; and

(d) assigning existing councillors to any new or altered electoral area,

and make such incidental, consequential, transitional or supplementary provision as may appear to the Secretary of State to be necessary or proper, including provision amending or revoking any provision of an order made under the said paragraph 3.

(3) Paragraph 12(7) of Schedule 3 to the M1 Local Government Act 1972 (suspension of parish council elections in 1974 and 1975) shall not prevent an order under subsection (2) above from providing for the holding in 1974 of elections of parish councillors for the parish of Charlwood created by section 1 above or any new or altered ward of the parish of Horley so created.

(4) An order under subsection (2) above shall be treated as having been made under paragraph 3 of the said Schedule 3 and may be varied or revoked accordingly.

(5) The councillors elected for any electoral area at elections held in pursuance of any such order shall be deemed to have been elected for that area in pursuance of ordinary elections in 1973.

(6) Section 42(4) of the said Act of 1972 (combined elections of district and parish councillors) shall apply to elections held in pursuance of any such order as it applies to ordinary elections.

(7) Any resolution passed before 1st July 1974 under section 7(4) of the said Act of 1972 (option for whole council elections or elections by thirds) by the council of a district altered by this Act shall be of no effect; and that subsection and subsection (6) of that section (power of Secretary of State to make order for whole council elections if option not exercised before 1st April 1974) shall, in their application to any such council, have effect as if for references to 1st April 1974 there were substituted references to 1st January 1975.

(8) Paragraphs 1 and 2 of Schedule 9 to the said Act of 1972 (initial review of district electoral arrangements) shall, in their application to any district altered by this Act, have effect as if the reference in paragraph 1 to the first election of councillors were a reference to the election of councillors for that district held in pursuance of an order under subsection (2) above and paragraphs 3 and 4 of that Schedule (initial review of county electoral arrangements) shall have effect accordingly.

Marginal Citations

M1 1972 c. 70.