Statutory Instruments
LOCAL GOVERNMENT, ENGLAND
Made
3rd July 2001
Coming into force in accordance with article 1(2) and (3)
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 September 2000 on its review of the borough(2) of Chorley together with its recommendations:
And whereas the Secretary of State has decided to give effect, with one modification, 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:
1.—(1) This Order may be cited as the Borough of Chorley (Electoral Changes) Order 2001.
(2) This article and articles 2, 3, 6, 7, 9 and 10 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) Articles 4, 5 and 8 shall come into force—
(a)for the purposes of proceedings preliminary or relating to the elections of parish councillors for the parishes of Clayton-le-Woods, Coppull, and Withnell to be held on 1st May 2003, on 15th October 2002;
(b)for all other purposes, on 1st May 2003.
(4) In this Order—
“borough” means the borough of Chorley;
“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 Chorley (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994(4).
2.—(1) The existing wards of the borough(5) shall be abolished.
(2) The borough shall be divided into twenty 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 or, where an area is not 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, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
3.—(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 2002(6).
(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) Where the number of councillors elected in 2002 for any ward of the borough is two or more—
(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.
4. The parish of Clayton-le-Woods shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
5. The parish of Coppull shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
6. The parish of Euxton shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
7. The parish of Whittle-le-Woods shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 6; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
8. The parish of Withnell shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 7; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
9.—(1) The term of office of any councillor elected on the ordinary day of election of councillors in 1999 for the parishes of Euxton and Whittle-le-Woods shall be three years.
(2) The term of office of any parish councillor elected on the ordinary day of election of councillors in 2000 for the parish of Charnock Richard shall be three years.
(3) The ordinary elections of parish councillors for the parish of Withnell in 2003 shall not take place; and any such parish councillor holding office immediately before 5th May 2003 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2004.
(4) Elections of all parish councillors for the parishes of Anglezarke, Euxton, Heapey, Mawdesley, Wheelton and Whittle-le-Woods shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
(5) Elections of all parish councillors for the parish of Charnock Richard shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
(6) Elections of all parish councillors for the parishes of Anderton, Brindle, Heath Charnock, Hoghton, Rivington and Withnell shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
(7) The term of office of any parish councillor to whom paragraphs (4), (5) and (6) of this article apply shall be four years; and those 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 councillors shall come into office on the day on which their predecessors retire.
(8) Rule 8 of the Local Elections (Parishes and Communities) Rules 1986(7) (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 10th May 2004 in the office of a parish councillor for the parish of Withnell as if the references in paragraph (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 10th May 2004.
10. The Borough of Chorley (Electoral Arrangements) Order 1975 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
3rd July 2001
Article 2
| (1) | (2) | (3) |
|---|---|---|
| Name of Ward | Area of Ward | Number of Councillors |
| Adlington and Anderton | The parishes of Adlington and Anderton | 3 |
| Astley and Buckshaw | 2 | |
| Brindle and Hoghton | 1 | |
| Chisnall | 2 | |
| Chorley East | 3 | |
| Chorley North East | 3 | |
| Chorley North West | 3 | |
| Chorley South East | 3 | |
| Chorley South West | 3 | |
| Clayton-le-Woods and Whittle-le-Woods | 3 | |
| Clayton-le-Woods North | 3 | |
| Clayton-le-Woods West and Cuerden | 2 | |
| Coppull | 3 | |
| Eccleston and Mawdesley | The parishes of Eccleston and Mawdesley | 3 |
| Euxton North | 2 | |
| Euxton South | 2 | |
| Heath Charnock and Rivington | The parishes of Heath Charnock and Rivington | 1 |
| Lostock | The parishes of Bretherton, Croston and Ulnes Walton | 2 |
| Pennine | 1 | |
| Wheelton and Withnell | 2 |
Article 3(4)
| (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 |
| Adlington and Anderton | 1 | 1 | 1 |
| Astley and Buckshaw | 1 | 1 | |
| Brindle and Hoghton | 1 | ||
| Chisnall | 1 | 1 | |
| Chorley East | 1 | 1 | 1 |
| Chorley North East | 1 | 1 | 1 |
| Chorley North West | 1 | 1 | 1 |
| Chorley South East | 1 | 1 | 1 |
| Chorley South West | 1 | 1 | 1 |
| Clayton-le-Woods and Whittle-le-Woods | 1 | 1 | 1 |
| Clayton-le-Woods North | 1 | 1 | 1 |
| Clayton-le-Woods West and Cuerden | 1 | 1 | |
| Coppull | 1 | 1 | 1 |
| Eccleston and Mawdesley | 1 | 1 | 1 |
| Euxton North | 1 | 1 | |
| Euxton South | 1 | 1 | |
| Heath Charnock and Rivington | 1 | ||
| Lostock | 1 | 1 | |
| Pennine | 1 | ||
| Wheelton and Withnell | 1 | 1 |
Article 4
| (1) | (2) | (3) |
|---|---|---|
| Name of Ward | Area of Ward | Number of Councillors |
| East | So much of the borough ward of Clayton-le-Woods and Whittle-le-Woods as comprises part of the parish of Clayton-le-Woods | 4 |
| North | So much of the borough ward of Clayton-le-Woods North as comprises part of the parish of Clayton-le-Woods | 7 |
| West | So much of the borough ward of Clayton-le-Woods West and Cuerden as comprises part of the parish of Clayton-le-Woods | 4 |
Article 5
| (1) | (2) | (3) |
|---|---|---|
| Name of Ward | Area of Ward | Number of Councillors |
| East | So much of the borough ward of Coppull as comprises part of the parish of Coppull | 12 |
| West | So much of the borough ward of Chisnall as comprises part of the parish of Coppull | 3 |
Article 6
| (1) | (2) | (3) |
|---|---|---|
| Name of Ward | Area of Ward | Number of Councillors |
| North East | So much of the borough ward of Astley and Buckshaw as comprises part of the parish of Euxton | 2 |
| North West | So much of the borough ward of Euxton North as comprises part of the parish of Euxton | 8 |
| South | So much of the borough ward of Euxton South as comprises part of the parish of Euxton | 8 |
Article 7
| (1) | (2) | (3) |
|---|---|---|
| Name of Ward | Area of Ward | Number of Councillors |
| East | So much of the borough ward of Pennine as comprises part of the parish of Whittle-le-Woods | 3 |
| West | So much of the borough ward of Clayton-le-Woods and Whittle-le-Woods as comprises part of the parish of Whittle-le-Woods | 9 |
Article 8
| (1) | (2) | (3) |
|---|---|---|
| Name of Ward | Area of Ward | Number of Councillors |
| North | so much of the borough ward of Brindle and Hoghton as comprises part of the parish of Withnell | 1 |
| South | So much of the borough ward of Wheelton and Withnell as comprises part of the parish of Withnell | 13 |
(This note is not part of the Order)
This Order gives effect, subject to one modification, to recommendations by the Local Government Commission for England for electoral changes in the borough of Chorley. The changes have effect in relation to the local government elections to be held on and after 2nd May 2002.
The modification is that the Secretary of State has decided that the Gillibrand County Primary School and the Gillibrand Hall Nursing Home (and their associated land) and the surrounding fields to the south of Rookery Close are transferred from the Chorley North West Ward to the Chorley South West Ward.
Article 2 abolishes the existing wards of the borough and provides for the creation of 20 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 make provision for a whole council election in 2002 and for reversion to elections by thirds in subsequent years. Schedule 2 regulates the order of retirement of councillors.
Articles 4 to 8 makes electoral changes in the parishes of Clayton-le-Woods, Coppull, Euxton, Whittle-le-Woods and Withnell.
Article 9 provides for elections of parish councillors in the borough.
Article 10 revokes the Borough of Chorley (Electoral Arrangements) Order 1975.
The areas of the new borough 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 the Chorley Borough Council and at the offices of the Secretary of State for Transport, Local Government and the Regions, 2nd Floor, Ashdown House, 123 Victoria Street, London SW1E 6DE.
The non-metropolitan district of Chorley has the status of a borough.
Section 17 is amended by section 39(4) and (5) of the Police and Magistrates' Courts Act 1994 (c. 29).
S.I. 1994/867, to which there are amendments not relevant to this Order.
See the Borough of Chorley (Electoral Arrangements) Order 1975 (S.I. 1975/2086).
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) and section 17 of, and paragraphs 1 and 5 of Schedule 3 to, the Greater London Authority Act 1999 (c. 29).
S.I. 1986/2215, to which there are amendments not relevant to this Order.