The District of Adur (Electoral Changes) Order 2002

Statutory Instruments

2002 No. 2991

LOCAL GOVERNMENT, ENGLAND

The District of Adur (Electoral Changes) Order 2002

Made

2nd December 2002

Coming into force in accordance with article 1(2)

Whereas the Boundary Committee for England(1), acting pursuant to section 15(4) of the Local Government Act 1992(2), has submitted to the Electoral Commission(3) a report dated July 2002 on its review of the district of Adur together with its recommendations:

And whereas a period of not less than six weeks has expired since the receipt of those recommendations:

And whereas the Electoral Commission have decided to give effect, with one modification, to those recommendations:

Now, therefore, the Electoral Commission, in exercise of the powers conferred on them by sections 17(4) and 26(5) of the Local Government Act 1992, and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.—(1) This Order may be cited as the District of Adur (Electoral Changes) Order 2002.

(2) This Order, except article 7(1), shall come into force—

(a) for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004, on 15th October 2003;

(b) for all other purposes, on 6th May 2004.

(3) Article 7(1) shall come into force on the day after that on which this Order is made.

Interpretation

2.  In this Order—

“district” means the district of Adur;

“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 marked “Map referred to in the District of Adur (Electoral Changes) Order 2002” of which prints are available for inspection at—

(a) the principal office of the Electoral Commission; and

(b) the offices of Adur District Council; and

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

Wards of the district of Adur

3.—(1) The existing wards of the district(6) shall be abolished.

(2) The district shall be divided into fourteen wards which shall bear the names set out in column (1) of Schedule 1.

(3) The wards shall comprise 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 (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 Adur

4.—(1) Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2004(7)(8).

(2) The councillors holding office for any ward of the district immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.

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

(4) Where the number of councillors elected in 2004 for any ward of the district 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.

(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 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 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.

Wards of the parish of Lancing

5.—(1) The existing wards of the parish of Lancing shall be abolished.

(2) The parish shall be divided into four parish wards which shall bear the names Churchill, Manor, Mash Barn and Widewater; the parish wards of Churchill, Mash Barn and Widewater shall comprise the area of the district ward bearing the same name, and the parish ward of Manor shall consist of the rest of the parish.

(3) The number of parish councillors to be elected for each parish ward shall be four.

Wards of the parish of Sompting

6.—(1) The existing wards of the parish of Sompting shall be abolished.

(2) The parish shall be divided into four parish wards which shall bear the names Cokeham North, Cokeham South, Peverel North and Peverel South, and the wards shall comprise the areas designated on sheet 2 by reference to the names of the wards and demarcated by orange lines.

(3) The number of parish councillors to be elected for each parish ward shall be three.

Parish Elections

7.—(1) The ordinary elections in of parish councillors for the parishes of Lancing and Sompting 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.

(2) Elections of all parish councillors for the parishes of Lancing and Sompting shall be held simultaneously on the ordinary day of election of councillors in 2004, 2008, and every fourth year after 2008.

(3) Rule 8 of the Local Elections (Parishes and Communities) Rules 1986(9) (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 8th May 2004 in the office of a parish councillor for the parishes of Lancing and Sompting as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 8th May 2004.

Maps

8.  Adur District Council shall make a print of the map marked “Map referred to in the District of Adur (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.

Electoral Registers

9.  The Electoral Registration Officer(10) for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.

Revocation

10.  The District of Adur (Electoral Arrangements) Order 1978(11) is revoked, save for articles 8 and 9(8).

Signed by the members of the Electoral Commission

Pamela Gordon

Commissioner

2nd December 2002

Glyn Mathias

Commissioner

2nd December 2002

Neil McIntosh

Commissioner

2nd December 2002

Karamjit Singh

Commissioner

2nd December 2002

Sam Younger

Commissioner

2nd December 2002

Graham Zellick

Commissioner

2nd December 2002

article 3

SCHEDULE 1 NAMES OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)
Name of Ward	Number of councillors
Buckingham	2
Churchill	2
Cokeham	2
Eastbrook	2
Hillside	2
Manor	2
Marine	2
Mash Barn	2
Peverel	2
St Mary's	2
St Nicolas	2
Southlands	2
Southwick Green	2
Widewater	3

article 4(3)

SCHEDULE 2 ORDER OF RETIREMENT OF COUNCILLORS

(1)	(2)	(3)	(4)
Name of Ward	Number of councillors to retire in 2006	Number of councillors to retire in 2007	Number of councillors to retire in 2008
Buckingham	1	0	1
Churchill	1	1	0
Cokeham	1	1	0
Eastbrook	0	1	1
Hillside	0	1	1
Manor	1	1	0
Marine	1	0	1
Mash Barn	0	1	1
Peverel	0	1	1
St Mary's	1	1	0
St Nicolas	1	0	1
Southlands	1	1	0
Southwick Green	1	0	1
Widewater	1	1	1

Explanatory Note

(This note is not part of the Order)

This Order gives effect, with one modification, to recommendations by the Boundary Committee for England, a committee of the Electoral Commission, for electoral changes in the district of Adur. The changes have effect in relation to Lancing and Sompting parish council elections that were due to be held on 1st May 2003, and to all local government elections to be held on and after 6th May 2004.

The modification relates to the naming of Churchill Ward.

Article 3 abolishes the existing wards of the district and provides for the creation of 14 new wards.

Article 4 makes provision for a whole district council election in 2004 and for reversion to the established system of elections by thirds in subsequent years. Schedule 2 provides for the order of retirement of councillors.

Articles 5 and 6 make electoral changes in the parishes of Lancing and Sompting.

Article 7 provides for the elections of certain parish councils in the district.

Article 9 obliges the Electoral Registration Officer to make any necessary amendments to the electoral register to reflect the new electoral arrangements.

Article 10 revokes the District of Adur (Electoral Arrangements) Order 1978 (S.I. 1978/1434), with the exception of articles 8 and 9(8).

The areas of the new district and parish wards are demarcated on the map described in article 2. Prints of the map may be inspected at all reasonable times at the offices of Adur District Council and at the principal office of the Electoral Commission at Trevelyan House, Great Peter Street, London SW1P 2HW.

(1)

The Boundary Committee for England is a committee of the Electoral Commission, established by the Electoral Commission in accordance with section 14 of the Political Parties, Elections and Referendums Act 2000 (c. 41). The Local Government Commission for England (Transfer of Functions) Order 2001 (S.I. 2001/3962) transferred to the Electoral Commission the functions of the Local Government Commission for England.

(2)

1992 c. 19. This section has been amended by S.I. 2001/3962.

(3)

The Electoral Commission was established by the Political Parties, Elections and Referendums Act 2000 (c. 41). The functions of the Secretary of State, under sections 13 to 15 and 17 of the Local Government Act 1992, to the extent that they relate to electoral arrangements within the meaning of that Act, were transferred with modifications to the Electoral Commission on 1 April 2002 (S.I. 2001/3962).

(4)

This section has been amended by S.I. 2001/3962. There are amendments to this section made otherwise than by S.I. 2001/3962 that are not relevant to this Order.

(5)

This section has been amended by S.I. 2001/3962.

(6)

See the District of Adur (Electoral Arrangements) Order 1978 (S.I. 1978/1434).

(7)

Article 4 provides for a single election of all the councillors and for reversion to the system of elections by thirds, as established by articles 8 and 9(8) of the District of Adur (Electoral Arrangements) Order 1978 (S.I. 1978/1434).

(8)

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).

(9)

S.I. 1986/2215, to which there are amendments not relevant to this Order.

(10)

As to electoral registration officers and the register of local government electors, see sections 8 to 13 of the Representation of the People Act 1983 (c. 2).

(11)

S.I. 1978/1434.