The Borough of Rotherham (Electoral Changes) Order 2004

Statutory Instruments

2004 No. 123

LOCAL GOVERNMENT, ENGLAND

The Borough of Rotherham (Electoral Changes) Order 2004

Made

22nd January 2004

Coming into force in accordance with article 1(2) and 1(3)

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) recommendations dated August 2003 on its review of the borough(4) of Rotherham:

And whereas the Electoral Commission have decided to give effect, with three 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 17(5) and 26(6) 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 Borough of Rotherham (Electoral Changes) Order 2004.

(2) This Order, with the exception of articles 5, 6, 7, 8, 9, 10 and 11, shall come into force —

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

(b) for all other purposes, on the ordinary day of election of councillors in 2004.

(3) Articles 5, 6, 7, 8, 9, 10 and 11 shall come into force —

(a) for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Aston cum Aughton, Bramley, Dalton, Maltby, Thrybergh, Thurcroft and Wickersley to be held on the ordinary day of elections in 2007, on 15th October 2006;

(b) for all other purposes, on the ordinary day of elections in 2007.

Interpretation

2.  In this Order —

“borough” means the borough of Rotherham;

“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 marked “Map referred to in the Borough of Rotherham (Electoral Changes) Order 2004”, of which prints are available for inspection at —

(a)

the principal office of the Electoral Commission; and

(b)

the offices of Rotherham Borough Council; and

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

Wards of the borough of Rotherham

3.—(1) The existing wards of the borough(7) shall be abolished.

(2) The borough shall be divided into twenty-one wards which shall bear the names set out in Schedule 1.

(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 borough of Rotherham

4.—(1) Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004(8)(9).

(2) The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors 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 for any ward of the borough one shall retire in 2006, one in 2007 and one in 2008.

(4) Of the councillors elected in 2004 for any ward of the borough —

(a) the first to retire shall, subject to paragraphs (5) and (6), 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 Aston cum Aughton

5.—(1) The existing wards of the parish of Aston cum Aughton(10) shall be abolished.

(2) The parish shall be divided into three parish wards which shall bear the names Aston cum Aughton North, Aston cum Aughton South, and Aston cum Aughton West; and the wards shall comprise the areas designated on sheets 3, 4 and 6 by reference to the name of the ward and demarcated by orange lines.

(3) The number of councillors to be elected for the Aston cum Aughton North parish ward shall be seven, for the Aston cum Aughton South parish ward shall be five, and for the Aston cum Aughton West parish ward shall be three.

Wards of the parish of Bramley

6.  The parish of Bramley(11) shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 2; 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.

Wards of the parish of Dalton

7.  The parish of Dalton 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.

Wards of the parish of Maltby

8.—(1) The existing wards of the parish of Maltby(12) shall be abolished.

(2) The parish 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.

Wards of the parish of Thrybergh

9.  The parish of Thrybergh shall be divided into two 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.

Wards of the parish of Thurcroft

10.—(1) The existing wards of the parish of Thurcroft(13) shall be abolished.

(2) The parish 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.

Wards of the parish of Wickersley

11.—(1) The existing wards of the parish of Wickersley shall be abolished.

(2) The parish 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 eight.

Maps

12.  Rotherham Borough Council shall make a print of the map marked “Map referred to in the Borough of Rotherham (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.

Electoral registers

13.  The Electoral Registration Officer(14) for the borough 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

14.  The Borough of Rotherham (Electoral Arrangements) Order 1979(15) is revoked, save for articles 8 and 9(7).

Sealed with the seal of the Electoral Commission on the 22nd day of January 2004

L.S.

Sam Younger

Chairman of the Commission

22nd January 2004

Jacqui Dixon

Secretary to the Commission

22nd January 2004

article 3

SCHEDULE 1 NAMES OF WARDS

Anston and Woodsetts	Keppel	Sitwell
Boston Castle	Maltby	Swinton
Brinsworth and Catcliffe	Rawmarsh	Valley
Dinnington	Rotherham East	Wales
Hellaby	Rotherham West	Wath
Holderness	Rother Vale	Wickersley
Hoober	Silverwood	Wingfield

article 6

SCHEDULE 2 WARDS OF THE PARISH OF BRAMLEY

NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of Ward	Area of Ward	Number of Councillors
Bramley Central	So much of the borough ward of Wickersley as comprises the parish of Bramley	7
Bramley North	So much of the borough ward of Silverwood as comprises the parish of Bramley	2
Bramley South	So much of the borough ward of Hellaby as comprises the parish of Bramley	6

article 7

SCHEDULE 3 WARDS OF THE PARISH OF DALTON

NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of Ward	Area of Ward	Number of Councillors
Dalton East	So much of the borough ward of Silverwood as comprises the parish of Dalton	2
Dalton South	So much of the borough ward of Wickersley as comprises the parish of Dalton	7
Dalton West	So much of the borough ward of Valley as comprises the parish of Dalton	7

article 8

SCHEDULE 4 WARDS OF THE PARISH OF MALTBY

NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of Ward	Area of Ward	Number of Councillors
Maltby East	So much of the borough ward of Maltby as comprises the parish of Maltby	13
Maltby West	So much of the borough ward of Hellaby as comprises the parish of Maltby	5

article 9

SCHEDULE 5 WARDS OF THE PARISH OF THRYBERGH

NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of Ward	Area of Ward	Number of Councillors
Thrybergh North	So much of the borough ward of Silverwood as comprises the parish of Thrybergh	8
Thrybergh South	So much of the borough ward of Valley as comprises the parish of Thrybergh	7

article 10

SCHEDULE 6 WARDS OF THE PARISH OF THURCROFT

NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of Ward	Area of Ward	Number of Councillors
Thurcroft North	So much of the borough ward of Rother Vale as comprises the parish of Thurcroft	15
Thurcroft South	So much of the borough ward of Dinnington as comprises the parish of Thurcroft	3

article 11

SCHEDULE 7 WARDS OF THE PARISH OF WICKERSLEY

NAMES AND AREAS OF WARDS

(1)	(2)
Name of Ward	Area of Ward
Wickersley North	So much of the borough ward of Wickersley as comprises the parish of Wickersley
Wickersley South	So much of the borough ward of Hellaby as comprises the parish of Wickersley

Explanatory Note

(This note is not part of the Order)

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

The modifications concern the boundary between Hoober and Wath borough wards and the names of Hellaby and Wickersley borough wards.

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

Article 3 abolishes the existing wards of the borough and provides for the creation of 21 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 4 makes provision for a whole council election in 2004 and for reversion to the established system of election by thirds in subsequent years.

Articles 5 to 11 make electoral changes in the parishes of Aston cum Aughton, Bramley, Dalton, Maltby, Thrybergh, Thurcroft and Wickersley.

Article 13 obliges the Electoral Registration Officer to make any necessary amendments to the electoral register to reflect the new electoral arrangements.

Article 14 revokes the Borough of Rotherham (Electoral Arrangements) Order 1979, with the exception of articles 8 and 9(7).

The areas of the new borough 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 Rotherham Borough 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 (c. 19), to the extent that they relate to electoral changes within the meaning of that Act, were transferred with modifications to the Electoral Commission on 1st April 2002 (S.I. 2001/3962).

(4)

The metropolitan district of Rotherham has the status of a borough.

(5)

This section has been amended by S.I. 2001/3962 and also otherwise in ways not relevant to this Order.

(6)

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

(7)

See the Borough of Rotherham (Electoral Arrangements) Order 1979 (S.I. 1979/1323).

(8)

Article 4 provides for a single election of all the councillors and for reversion to the system of election by thirds, as established by section 7 of the Local Government Act 1972 (c. 70).

(9)

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).

(10)

The area of the parish of Aston cum Aughton was altered by article 6(2) of the Derbyshire, Nottinghamshire and South Yorkshire (County and District Boundaries) Order 1993 (S.I. 1993/729).

(11)

The area of the parish of Bramley was altered by article 6 of the Rotherham (Parishes) Order 1994 (S.I. 1994/66).

(12)

The parish of Maltby was created by the Rotherham (Parish) Order 1999 (S.I. 1999/3149).

(13)

The area of the parish of Thurcroft was altered by article 3 of the Rotherham (Parishes) Order 1994 (S.I. 1994/66).

(14)

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).

(15)

S.I. 1979/1323.