2001 No. 2469
The Borough of Hyndburn (Electoral Changes) Order 2001
Made
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 19921, has submitted to the Secretary of State a report dated September 2000 on its review of the borough2 of Hyndburn 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 173 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 interpretation1
1
This Order may be cited as the Borough of Hyndburn (Electoral Changes) Order 2001.
2
This Order shall come into force—
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 15th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order—
“borough” means the borough of Hyndburn;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the Borough of Hyndburn (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 19944.
Wards of the borough of Hyndburn2
1
The existing wards of the borough5 shall be abolished.
2
The borough shall be divided into sixteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas 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 (2) of Schedule 1.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Hyndburn3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 20026.
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Of the councillors elected in 2002 for each ward of the borough—
a
the first to retire shall, subject to paragraphs (6) and (7), 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.
6
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 shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
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.
9
Except as otherwise provided in the preceding 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.
Revocation4
The Borough of Hyndburn (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
SCHEDULE 1NAMES OF WARDS AND NUMBERS OF COUNCILLLORS
(1) | (2) |
|---|---|
Name of Ward | Number of Councillors |
Altham | 2 |
Barnfield | 2 |
Baxenden | 2 |
Central | 2 |
Church | 2 |
Clayton-le-Moors | 2 |
Huncoat | 2 |
Immanuel | 2 |
Milnshaw | 2 |
Netherton | 2 |
Overton | 3 |
Peel | 2 |
Rishton | 3 |
St Andrew's | 2 |
St Oswald's | 3 |
Spring Hill | 2 |
SCHEDULE 2ORDER OF RETIREMENT OF COUNCILLORS
(1) | (2) | (3) | (4) |
|---|---|---|---|
Name of Ward | Number of councillors to retire in 2003 | Number of councillors to retire in 2004 | Number of councillors to retire in 2006 |
Altham | 1 | 1 | 0 |
Barnfield | 1 | 1 | 0 |
Baxenden | 1 | 1 | 0 |
Central | 1 | 1 | 0 |
Church | 1 | 1 | 0 |
Clayton-le-Moors | 1 | 0 | 1 |
Huncoat | 1 | 0 | 1 |
Immanuel | 1 | 0 | 1 |
Milnshaw | 1 | 0 | 1 |
Netherton | 0 | 1 | 1 |
Overton | 1 | 1 | 1 |
Peel | 0 | 1 | 1 |
Rishton | 1 | 1 | 1 |
St Andrew's | 0 | 1 | 1 |
St Oswald's | 1 | 1 | 1 |
Spring Hill | 0 | 1 | 1 |
(This note is not part of the Order)