The City of Carlisle (Electoral Changes) Order 1998

Statutory Instruments

1998 No. 2549

LOCAL GOVERNMENT, ENGLAND AND WALES

The City of Carlisle (Electoral Changes) Order 1998

Made

16th October 1998

Coming into force in accordance with article 1(2)

Whereas the Local Government Commission for England, acting pursuant to section 15(4) of the Local Government Act 1992(1), has submitted to the Secretary of State a report dated November 1997 on its review of the city of Carlisle(2) together with its recommendations:

And whereas the Secretary of State has decided to give effect to those recommendations:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 17(3) and 26 of the Local Government Act 1992, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the City of Carlisle (Electoral Changes) Order 1998.

(2) This Order shall come into force on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date, it shall come into force on the day after the day on which it is made.

(3) In this Order–

“the city” means the city of Carlisle;

“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;

any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions, marked “Map of the City of Carlisle (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994(4);

and any reference to a numbered sheet is a reference to the sheet of the map which bears that number.

Wards of Carlisle

2.—(1) The existing wards of the city(5) shall be abolished.

(2) The city shall be divided into twenty-two wards which shall bear the names set out in column (1) of Schedule 1.

(3) The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, parish wards, or parishes and parish wards, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.

(4) 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 of the feature.

Elections of the council of Carlisle

3.—(1) Subject to the following provisions of this article, the election of councillors for wards of the city shall be by thirds.

(2) Elections of all councillors for wards of the city shall be held simultaneously on the ordinary day of election of councillors in 1999(6).

(3) The councillors holding office for any ward in the city immediately before 10th May 1999 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.

(4) The order of retirement of councillors shall be as set out in Schedule 2.

(5) Where the number of councillors elected in 1999 for any ward of the city is two, the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smaller number of votes.

(6) Where the number of councillors elected in 1999 for any ward of the city is three–

(a) the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smallest number of votes; and

(b) the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.

(7) 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.

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

(9) 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.

(10) Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors 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.

Wards of the parish of Stanwix Rural

4.—(1) The existing wards of the parish of Stanwix Rural shall be abolished.

(2) The parish shall be divided into three parish wards which shall bear the names–

• Crosby-on-Eden & Linstock; Houghton; and Vallum

and the parish wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.

(3) The number of councillors to be elected for each parish ward shall be four in the case of Crosby-on-Eden & Linstock, eight in the case of Houghton and three in the case of Vallum.

Parish council elections

5.—(1) The elections of parish councillors for the parishes of Brampton, Castle Carrock, Cumwhitton, Hayton and Wetheral shall be held simultaneously on the ordinary day of election of councillors in 2000 and every fourth year after 2000.

(2) The elections of parish councillors for the parishes of Dalston and St Cuthbert Without shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.

(3) Except as otherwise provided in the foregoing paragraphs of this article, the term of office of parish councillors shall be four years and all parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected parish councillors shall come into office on the day on which their predecessors retire.

Revocation

6.  The City of Carlisle (Electoral Arrangements) Order 1979 is hereby revoked.

Signed by authority of the Secretary of State

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

16th October 1998

Article 2

SCHEDULE 1 NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of ward	Area of ward	Number of councillors
Belah		3
Belle Vue		3
Botcherby		3
Brampton	The parish of Brampton	2
Burgh	The parishes of Beaumont, Burgh by Sands and Orton	1
Castle		3
Currock		3
Dalston	The parishes of Cummersdale, Dalston and St Cuthbert Without	3
Denton Holme		3
Great Corby and Geltsdale	The parishes of Carlattan, Castle Carrock, Cumrew, Cumwhitton, Geltsdale and the parish ward of Great Corby of the parish of Wetheral and the parish ward of Talkin of the parish of Hayton	1
Harraby		3
Hayton	The parish wards of Heads Nook, Hayton and Corby Hill of the parish of Hayton	1
Irthing	The parishes of Askerton, Burtholme, Farlam, Kingwater, Midgeholme, Nether Denton, Upper Denton, Walton and Waterhead	1
Longtown & Rockcliffe	The parishes of Arthuret, Kirkandrews, Rockliffe and Westlinton	2
Lyne	The parishes of Bewcastle, Hethersgill, Kirklinton Middle, Nichol Forest, Solport and Stapleton	1
Morton		3
St Aidans		3
Stanwix Rural		2
Stanwix Urban		3
Upperby		3
Wetheral	The parish wards of Cotehill, Scotby, Warwick and Wetheral of the parish of Wetheral	2
Yewdale		3

Article 3

SCHEDULE 2 ORDER OF RETIREMENT OF COUNCILLORS

Name of new ward	Number of councillors to retire in 2000	Number of councillors to retire in 2002	Number of councillors to retire in 2003
Belah	1	1	1
Belle Vue	1	1	1
Botcherby	1	1	1
Brampton	1	1	0
Burgh	0	0	1
Castle	1	1	1
Currock	1	1	1
Dalston	1	1	1
Denton Holme	1	1	1
Great Corby and Geltsdale	1	0	0
Harraby	1	1	1
Hayton	1	0	0
Irthing	0	0	1
Longtown and Rockcliffe	0	1	1
Lyne	0	0	1
Morton	1	1	1
St Aidans	1	1	1
Stanwix Rural	0	1	1
Stanwix Urban	1	1	1
Upperby	1	1	1
Wetheral	1	1	0
Yewdale	1	1	1

Explanatory Note

(This note is not part of the Order)

This Order gives effect to recommendations by the Local Government Commission for England for electoral changes in the city of Carlisle.

Article 2 abolishes all of the existing wards of the city and provides for the creation of 22 new wards. That article and Schedule 1 also make provision for the names and areas of, and numbers of councillors for, the new wards.

Article 3 makes provision for a whole council election in Carlisle in 1999 and for reversion to elections by thirds in subsequent years. Schedule 2 provides for the order of retirement of councillors.

Article 4 abolishes the existing wards of the parish of Stanwix Rural and provides for the creation of three new wards and for the number of councillors for those wards.

Article 5 makes provision for parish council elections.

The areas of the new city and parish wards are demarcated on the map described in article 1(3). Prints of the map may be inspected at all reasonable times at the offices of Carlisle City Council and at the offices of the Secretary of State for the Environment, Transport and the Regions which are located at 2nd Floor, Ashdown House, 123 Victoria Street, London SW1E 6DE.

(1)

1992 c. 19.

(2)

The non-metropolitan district of Carlisle has the status of a city.

(3)

Section 17 is amended by section 39(4) and (5) of the Police and Magistrates' Courts Act 1994 (c. 29).

(4)

S.I. 1994/867, to which there are amendments not relevant to this Order.

(5)

see The City of Carlisle (Electoral Arrangements) Order 1979 (S.I. 1979/1131).

(6)

For the ordinary day of election of councillors of local government areas, see section 37 of the Representation of the People Act 1983 (c. 2), amended by section 18(2) of the Representation of the People Act 1985 (c. 50).