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The Hart (Electoral Changes) Order 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Hart (Electoral Changes) Order 2012 No. 1395

Draft Order laid before Parliament under section 59(9) of the Local Democracy Economic Development and Construction Act 2009 on 19th March 2012; draft to lie for forty days, pursuant to section 6(1) of the Statutory Instruments Act 1946, during which period either House of Parliament may resolve that the Order be not made

Draft Statutory Instruments

2012 No. 0000

Local Government, England

The Hart (Electoral Changes) Order 2012

Made

Coming into force in accordance with article 2

Under section 58(4) of the Local Democracy, Economic Development and Construction Act 2009(1) (“the 2009 Act”) the Local Government Boundary Commission for England(2) published a report dated January 2012 stating its recommendations for changes to the electoral arrangements for the district of Hart.

A draft of the instrument has been laid before Parliament and a period of forty days has expired and neither House has resolved that the instrument be not made.

The Local Government Boundary Commission for England has decided to give effect to the recommendations for electoral changes and in exercise of the powers conferred by section 59(1) of the 2009 Act makes the following Order:

Citation

1.  This Order may be cited as the Hart (Electoral Changes) Order 2012.

Commencement

2.—(1) This Order, with the exception of article 8, comes into force—

(a)for the purpose of proceedings preliminary or relating to the elections of councillors for district wards and the elections of parish councillors, on 15th October 2013;

(b)for all other purposes, on the ordinary day of election of councillors in 2014.

(2) Article 8 comes into force—

(a)for the purpose of proceedings preliminary or relating to the elections of parish councillors, on 15th October 2014;

(b)for all other purposes, on the ordinary day of election of councillors in 2015.

Interpretation

3.  In this Order—

“map” means the map marked “Map referred to in the Hart (Electoral Changes) Order 2012”, of which prints are available for inspection at the principal office of the Local Government Boundary Commission for England;

“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983(3).

Wards of the district of Hart and number of councillors

4.—(1) The existing wards of the district of Hart are abolished.

(2) The district is divided into eleven wards each bearing a name listed in the Schedule.

(3) Each ward comprises the area designated on the map by reference to the name of the ward.

(4) Three councillors are to be elected for each ward.

(5) Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.

Elections of the council of the district of Hart

5.—(1) Elections of all councillors for all wards of the district are to be held simultaneously on the ordinary day of election of councillors in 2014(4).

(2) The councillors holding office for any ward of the district immediately before the fourth day after the ordinary day of election of councillors in 2014 are to retire on that date and the newly elected councillors are to come into office on that date.

(3) Of the councillors elected in 2014 for any ward of the district one is to retire in 2015, one in 2016 and one in 2018.

(4) Of the councillors elected in 2014 for any ward of the district—

(a)the first to retire is, subject to paragraphs (5) and (6), to be the councillor elected by the smallest number of votes; and

(b)the second to retire is, subject to those paragraphs, to 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 is to be determined by lot.

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

(7) Where under this article any question is to be determined by lot, the lot is to be drawn at the next practicable meeting of the council after the question has arisen and the drawing is to be conducted under the direction of the person presiding at the meeting.

Wards of the parish of Church Crookham and number of councillors

6.—(1) The existing wards of the parish of Church Crookham are abolished.

(2) The parish is divided into three wards named respectively—

(a)Church Crookham East;

(b)Gally Hill;

(c)Queen Elizabeth.

(3) Each ward comprises the area designated on the map by reference to the name of the ward.

(4) Six councillors are to be elected for Church Crookham East ward.

(5) Three councillors are to be elected for Gally Hill ward.

(6) One councillor is to be elected for Queen Elizabeth ward.

Wards of the parish of Fleet and number of councillors

7.—(1) The existing wards of the parish of Fleet are abolished.

(2) The parish is divided into five wards named respectively—

(a)Ancells;

(b)Calthorpe;

(c)Central;

(d)Courtmoor;

(e)Pondtail.

(3) Each ward comprises the area designated on the map by reference to the name of the ward.

(4) Seven councillors are to be elected for Central ward.

(5) Four councillors are to be elected for each of the following wards:

(a)Calthorpe;

(b)Pondtail.

(6) Two councillors are to be elected for each of the following wards:

(a)Ancells;

(b)Courtmoor.

Wards of the parish of Yateley and number of councillors

8.—(1) The existing wards of the parish of Yateley are abolished.

(2) The parish is divided into three wards named respectively—

(a)Frogmore;

(b)Yateley East;

(c)Yateley West.

(3) Each ward comprises the area designated on the map by reference to the name of the ward.

(4) Seven councillors are to be elected for each of the following wards:

(a)Yateley East;

(b)Yateley West.

(5) Two councillors are to be elected for Frogmore ward.

Sealed with the seal of the Local Government Boundary Commission for England on the

Chairman

Local Government Boundary Commission for England

Article 4

SCHEDULENames of district wards

Blackwater and Hawley
Crookham East
Crookham West and Ewshot
Fleet Central
Fleet East
Fleet West
Hartley Wintney
Hook
Odiham
Yateley East
Yateley West

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes changes to the electoral arrangements for the district of Hart following recommendations made by the Local Government Boundary Commission for England. The area of the district remains unchanged.

The electoral changes apply in respect of local government elections to be held on and after the ordinary day of election of councillors in 2014.

Article 4 abolishes the existing wards of the district and replaces them with 11 new ones. That article, the map and the Schedule also establish the names and areas of the new wards and the number of councillors for each ward.

Article 5 makes provision for a whole council election in 2014 and for reversion to the established system of election by thirds in subsequent years. That article provides for the order of retirement of councillors. Under the council’s current cycle of elections, there are no elections scheduled for 2017.

Article 6 abolishes the existing wards of the parish of Church Crookham and replaces them with 3 new ones. That article and the map also establish the names and areas of the new wards and the number of councillors for each ward.

Article 7 abolishes the existing wards of the parish of Fleet and replaces them with 5 new ones. That article and the map also establish the names and areas of the new wards and the number of councillors for each ward.

Article 8 abolishes the existing wards of the parish of Yateley and replaces them with 3 new ones. That article and the map also establish the names and areas of the new wards and the number of councillors for each ward.

The map defined in article 3 shows the new district wards and parish wards. It is available at www.lgbce.org.uk/all-reviews/south-east/hampshire/hart-fer; it is also available, at all reasonable times, at the offices of the council of the district of Hart and at the principal office of the Local Government Boundary Commission for England at Layden House, 76 – 86 Turnmill Street, London EC1M 5LG.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(2)

The Local Government Boundary Commission for England was established on 1st April 2010 by section 55(1) of the Local Democracy, Economic Development and Construction Act 2009 (c.20).

(3)

1983 c.2. Section 37 has been amended by section 18(2) of the Representation of the People Act 1985 (c.50), section 17 of the Greater London Authority Act l999 (c.29) and section 60 (1) of the Local Government and Public Involvement in Health Act 2007 (c.28).

(4)

The system of election by thirds in the district of Hart is established by paragraphs (1) and (9) of article 4 of the District of Hart (Parishes and Electoral Changes) Order 2001 (S.I. 2001/1023).

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