The Humberside (Structural Change) Order 1995

PART IVELECTORAL ARRANGEMENTS

Elections for Kingston upon Hull

6.  The City of Kingston upon Hull (Electoral Arrangements) Order 1979(1) shall be amended by the substitution of the following article for article 9

“9.—(1) The whole number of councillors shall be elected at the ordinary elections of councillors in 1995.

(2) The councillors holding office for any ward of the city immediately before 8th May 1995 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.

(3) Of the councillors elected at the ordinary election of councillors in 1995 for any ward of the city

(a)one-third shall retire in 1997 being, subject to paragraphs (4) and (5) below, the councillor elected by the smallest number of votes;

(b)one-third shall retire in 1998 being, subject as aforesaid, the councillor elected by the next smallest number of votes;

(c)the remaining third shall retire in 1999.

(4) In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.

(5) If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.

(6) 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.

(7) The term of office of councillors elected in 1997 shall be three years.

(8) Except as otherwise provided in the foregoing 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 for the city in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.”

Elections in the East Riding of Yorkshire, North East Lincolnshire and North Lincolnshire

7.—(1) The ordinary election of councillors of the district councils of the East Riding of Yorkshire, North East Lincolnshire and North Lincolnshire shall be held in 1995 and in every fourth year thereafter.

(2) The East Riding of Yorkshire shall be represented by 67 councillors and divided into 26 wards as set out in Schedule 2 to this Order.

(3) North Lincolnshire shall be represented by 42 councillors and divided into 15 wards as set out in Schedule 3 to this Order.

(4) North East Lincolnshire shall be represented by 42 councillors and divided into 14 wards as set out in Schedule 4 to this Order.

(5) The term of office of such councillors shall be four years and all councillors shall retire on the fourth day after the day of the ordinary 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.

(6)At the ordinary election in 1995

(a)the returning officer for the election to the district council of the East Riding of Yorkshire shall be the returning officer appointed by Beverley Borough Council for the existing district of Beverley;

(b)the returning officer for the election to the district council of North East Lincolnshire shall be the returning officer appointed by Great Grimsby Borough Council for the existing district of Great Grimsby; and

(c)the returning officer for the election to the district council of North Lincolnshire shall be the returning officer appointed by Glanford Borough Council for the existing district of Glanford.

(7) Section 36(4) of the Representation of the People Act 1983(2) (payment of election expenses) shall not apply to that election.

(8) All expenditure properly incurred by the returning officer in relation to the holding of the election to the East Riding of Yorkshire District Council shall be paid by the councils of the districts of Beverley, Boothferry, East Yorkshire and Holderness in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State.

(9) All expenditure properly incurred by the returning officer in relation to the holding of the election to North Lincolnshire District Council shall be paid by the councils of the districts of Boothferry, Glanford and Scunthorpe in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State.

(10) All expenditure properly incurred by the returning officer in relation to the holding of the election to North East Lincolnshire District Council shall be paid by the councils of the districts of Great Grimsby and Cleethorpes in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State.

(11) In relation to those elections, “the appropriate officer”, in Parts II and III of the 1983 Act does not have the meaning given by section 67(7) of that Act but means the returning officer for that election.

Suspension of elections and retirement of councillors

8.—(1) The ordinary election of councillors in 1995 to the transferor authorities shall be cancelled.

(2) Any councillor of a transferor authority holding office immediately before 8th May 1995 who would, but for the provisions of this Order, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.

(3) where a vacancy for a councillor of a transferor authority occurs within the six months before the reorganisation date, an election shall not be held unless on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the transferor authority exceeds one third of the whole number of members.