2003 No. 2769
LOCAL GOVERNMENT, ENGLAND

The City of Birmingham (Electoral Changes) Order 2003

Made
Coming into force in accordance with article 1(2)
Whereas the Boundary Committee for England1, acting pursuant to section 15(4) of the Local Government Act 19922, has submitted to the Electoral Commission3 recommendations dated May 2003 on its review of the city4 of Birmingham:

And whereas the Electoral Commission have decided to give effect, with eight modifications, to those recommendations:

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

Now, therefore, the Electoral Commission, in exercise of the powers conferred on them by sections 175 and 266 of the Local Government Act 1992, and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement1.

(1)

This Order may be cited as the City of Birmingham (Electoral Changes) Order 2003.

(2)

This Order shall come into force —

(a)

for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of elections in 2004, on the day after that on which it is made;

(b)

for all other purposes, on the ordinary day of elections in 2004.

Interpretation2.

In this Order —

“city” means the city of Birmingham;

“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 City of Birmingham (Electoral Changes) Order 2003”, of which prints are available for inspection at —

(a)

the principal office of the Electoral Commission; and

(b)

the offices of Birmingham City Council.

Wards of the city of Birmingham3.

(1)

The existing wards of the city7 shall be abolished.

(2)

The city shall be divided into forty wards which shall bear the names set out in the Schedule.

(3)

Each ward 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 three.

(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 the city of Birmingham4.

(1)

Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 200489.

(2)

The councillors holding office for any ward of the city immediately before four days after the ordinary day of elections in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.

(3)

Of the councillors elected in 2004 one shall retire in 2006, one in 2007 and one in 2008.

(4)

Of the councillors elected in 2004 —

(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.

Maps5.

Birmingham City Council shall make a print of the map marked “Map referred to in the City of Birmingham (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.

Electoral registers6.

The Electoral Registration Officer10 for the city 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.

Revocation7.

The City of Birmingham (Electoral Arrangements) Order 198011 is revoked, save for articles 8 and 9(7).

Sealed with the seal of the Electoral Commission on the 31st day of October 2003

Sam Younger
Chairman of the Commission
Jacqui Dixon
Secretary to the Commission

SCHEDULENAMES OF WARDS

article 3

Acocks Green

Northfield

Aston

Oscott

Bartley Green

Perry Barr

Billesley

Quinton

Bordesley Green

Selly Oak

Bournville

Shard End

Brandwood

Sheldon

Edgbaston

Soho

Erdington

South Yardley

Hall Green

Sparkbrook

Handsworth Wood

Springfield

Harborne

Stechford and Yardley North

Hodge Hill

Stockland Green

Kings Norton

Sutton Four Oaks

Kingstanding

Sutton New Hall

Ladywood

Sutton Trinity

Longbridge

Sutton Vesey

Lozells and East Handsworth

Tyburn

Moseley and Kings Heath

Washwood Heath

Nechells

Weoley

(This note is not part of the Order)

This Order gives effect, with modifications, to recommendations by the Boundary Committee for England, a committee of the Electoral Commission, for electoral changes in the city of Birmingham.

The modifications relate to the names of Acocks Green, Handsworth Wood, Kings Norton, Moseley and Kings Heath, Stechford and Yardley North, and South Yardley wards, the boundary between Aston, and Lozells and East Handsworth wards, and the boundary between Tyburn and Erdington wards.

The changes have effect in relation to local government elections to be held on and after the ordinary day of elections in 2004.

Article 3 abolishes the existing wards of the city and provides for the creation of 40 new wards. That article and the Schedule also make provision for the names and areas of, and numbers of councillors for, the new wards.

Article 4 makes provision for a whole council election in 2004 and for reversion to the established system of election by thirds in subsequent years.

Article 6 obliges the Electoral Registration Officer to make any necessary amendments to the electoral register to reflect the new electoral arrangements.

Article 7 revokes the City of Birmingham (Electoral Arrangements) Order 1980, with the exception of articles 8 and 9(7).

The areas of the new city 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 Birmingham City Council and at the principal office of the Electoral Commission at Trevelyan House, Great Peter Street, London SW1P 2HW.