Statutory Instruments

1989 No. 2419

LOCAL GOVERNMENT, ENGLAND AND WALES

The Borough of Colchester (Electoral Arrangements) Order 1989

Made

19th December 1989

Coming into force in accordance with article 2

Whereas in pursuance of section 51(1) of the Local Government Act 1972(1), the Local Government Boundary Commission for England on 3rd May 1989 submitted to me proposals for the future electoral arrangements for the Borough of Colchester;

And Whereas in giving effect to those proposals I have decided to make certain modifications;

Now, therefore, in exercise of the power conferred upon me by sections 51(2) and 67 of that Act, I hereby make the following Order:

1.  This Order may be cited as the Borough of Colchester (Electoral Arrangements) Order 1989.

2.  This Order shall come into force on 3rd May 1990 except that, for the purpose of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force forthwith.

3.—(1) The map referred to in this Order is the map marked “MAP REFERRED TO IN THE BOROUGH OF COLCHESTER (ELECTORAL ARRANGEMENTS) ORDER 1989” and deposited with the Secretary of State.

(2) Copies of the map, marked “COPY OF THE MAP REFERRED TO IN THE BOROUGH OF COLCHESTER (ELECTORAL ARRANGEMENTS) ORDER 1989” shall be deposited with the Council of the Borough of Colchester and with the Director General of the Ordnance Survey and such copies shall, at all reasonable times, be ope to inspection by any person.

(3) Where a boundary is shown on the map as running along a road, railway line, footway, waterway, or other similar geographical feature, it shall be treated as running along the centre line thereof.

4.—(1) The existing wards of the Borough of Colchester shall be abolished and that Borough shall be divided into twenty-seven wards which shall bear the names set out in column 1 of Schedule 1 to this Order, and each such ward shall comprise the area designated on the map by reference to the nameof the ward, and demarcated by red lines thereon.

(2) The number of councillors to be elected for each ward constituted by this Order shall be the number specified in column 2 of Schedule 1 to this Order opposite to the name of the ward as given in column 1 of that Schedule.

5.  Subject to the provisions of article 6 below, the elections of councillors shall be by thirds.

6.—(1) The whole number of councillors shall be elected at the ordinary elections of councillors in 1990.

(2) The order of retirement of councillors elected in 1990 shall be as set out in Schedule 2 to this Order.

(3) Where the number of councillors elected in 1990 for any ward of the Borough is three:—

(a)one third shall retire in 1991 being, subject to paragraphs (5) and (6) below, the councillor elected by the smallest number of votes;

(b)one third shall retire in 1992 being, subject as aforesaid, the councillor elected by the next smallest number of votes; and

(c)the remaining councillor shall retire in 1994.

(4) Of the two councillors elected in 1990 for the West Bergholt and Eight Ash Green ward of the Borough:—

(a)one shall retire in 1991 being, subject to paragraphs (5) and (6) below, the councillor elected by the smaller number of votes; and

(b)the remaining councillor shall retire in 1994.

(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 such year, the person to retire in that year shall be determined by lot.

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

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

7.—(1) The ordinary elections of parish councillors for any parish or ward of a parish situated in the Dedham, East Donyland, Fordham, Marks Tey and Winstree ward of the Borough shall take place in the ordinary year of election of the councillor for the borough ward in which the parish or ward ofthe parish is situated.

(2) The ordinary election of parish councillors elected in 1986 for the parish of West Bergholt shall take place in 1991 and every fourth year thereafter.

(3) The ordinary elections of parish councillors elected in 1986 for any parish or ward of a parish situated in the Boxted and Langham ward of the Borough shall take place in 1991 and every fourth year thereafter.

(4) The ordinary elections of parish councillors elected in 1987 for any parish or ward of a parish situated in the Birch-Messing and Copford and Pyefleet wards of the Borough shall take place in 1990 and every fourth year thereafter.

(5) The parish councillors to whom this article applies shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.

8.  The registration officer shall make such re-arrangement or alteration of the register of local government electors as may be necessary on account of the coming into force of this Order.

David Waddington

One of Her Majesty’s Principal Secretaries of State

Home Office

19th December 1989