Citation, commencement and interpretation

1.—(1) This Order may be cited as the Borough of Harrogate (Electoral Changes) Order 2000.

(2) This article and articles 2, 3, 9 and 10 shall come into force—

(a)for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;

(b)for all other purposes, on 2nd May 2002.

(3) Articles 4, 5 and 8 of this Order shall come into force—

(a)for the purpose of proceedings preliminary or relating to the election of parish councillors for the parishes of Boroughbridge, Killinghall and Whixley, respectively, to be held on 6th May 2004, on 10th October 2003.

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

(4) Articles 6 and 7 of this Order shall come into force—

(a)for the purpose of proceedings preliminary or relating to the election of parish councillors for the parishes of Knaresborough and Ripon, respectively, to be held on 1st May 2003, on 10th October 2002.

(b)for all other purposes, on 1st May 2003.

(5) In this Order—

“borough” means the borough of Harrogate;

“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 prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Harrogate (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994(4).

Wards of the borough of Harrogate

2.—(1) The existing wards of the borough(5) shall be abolished.

(2) The borough shall be divided into thirty-five wards which shall bear the names set out in column (1) of Schedule 1.

(3) The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where no area is so described, 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 (3) of that Schedule.

(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 Harrogate

3.—(1) Subject to the following provisions of this article, elections of councillors for wards of the borough shall be by thirds.

(2) Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002(6).

(3) The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.

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

(5) Where the number of councillors elected in 2002 for any ward of the borough exceeds one, the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smaller number of votes.

(6) 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.

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

(8) 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.

(9) Except as otherwise provided in the preceding 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 in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.

Wards of the parish of Boroughbridge

4.  The parish of Boroughbridge shall be divided into two 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 Killinghall

5.  The parish of Killinghall 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 Knaresborough

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

(2) The parish shall be divided into three parish wards which shall bear the names Knaresborough East, Knaresborough King James and Knaresborough Scriven Park; and each parish ward shall comprise the area of the borough ward bearing the same name.

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

Wards of the city of Ripon

7.—(1) The existing wards of the city of Ripon shall be abolished.

(2) The city shall be divided into three city wards which shall bear the names Ripon Minster, Ripon Moorside and Ripon Spa; and each city ward shall comprise the area of the borough ward bearing the same name.

(3) The number of councillors to be elected for each city ward shall be five.

Numbers of parish councillors

8.  The number of parish councillors to be elected for the parish of Whixley shall be seven.

Parish Elections

9.—(1) The ordinary elections of parish councillors in 2003 for the parishes listed in Schedule 5 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 referred to in paragraph (1) shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.

(3) Elections of all parish councillors for the parishes listed in Schedule 6 shall be held simultaneously on the ordinary day of election of councillors in 2002, 2004 and every fourth year after 2004.

(4) The term of office of every councillor elected, in accordance with the provisions of paragraph (3), in 2002, shall be two years; and each such councillor 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.

(5) The councillors elected in accordance with the provisions of paragraph (3) in 2002, shall come into office on the day on which their predecessors retire.

(6) Where any provision of an Order made before the making of this Order requires an election of parish councillors for a parish referred to in paragraph (1) or paragraph (3) to be held on a date other than that for which that paragraph provides, it shall cease to have effect to that extent.

(7) Rule 8 of the Local Elections (Parishes and Communities) Rules 1986(7) (filling of casual vacancies) shall have effect, in case of a casual vacancy occurring before 10th May 2004 in the office of a parish councillor for the parishes referred to in paragraph (1), as if the reference in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 10th May.

Revocation

10.  The Borough of Harrogate (Electoral Arrangements) Order 1979 is hereby revoked.

Article 2

SCHEDULE 1NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

Article 3(4)

SCHEDULE 2ORDER OF RETIREMENT OF COUNCILLORS

Article 4

SCHEDULE 3WARDS OF THE PARISH OF BOROUGHBRIDGENAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

Article 5

SCHEDULE 4WARDS OF THE PARISH OF KILLINGHALLNAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

Article 9(1)

SCHEDULE 5PARISHES IN WHICH ELECTIONS ARE TO BE HELD IN 2004

• Aldfield

• Askwith

• Bewerley

• Blubberhouses

• Boroughbridge

• Bridge Hewick

• Burton-on-Yore

• Castley

• Colsterdale

• Copt Hewick

• Dacre

• Denton

• Dunsforth

• Ellingstring

• Ellington High and Low

• Farnley

• Fearby

• Fewston

• Fountains Earth

• Givendale

• Great Ouseburn

• Great Timble

• Green Hammerton

• Grewelthorpe

• Healey

• High and Low Bishopside

• Hutton Conyers

• Ilton-cum-Pott

• Kirby Hall

• Leathley

• Lindley

• Lindrick with Studley Royal and Fountains

• Little Ouseburn

• Little Timble

• Littlethorpe

• Marton cum Grafton

• Marton-le-Moor

• Masham

• Menwith with Darley

• Middleton

• Nesfield with Langbar

• Newall with Clifton

• North Stainley with Slenningford

• Norwood

• Nun Monkton

• Sharow

• Stainburn

• Stonebeck Down

• Stonebeck Up

• Studley Roger

• Swinton with Warthermarske

• Thornthwaite with Padside

• Thorpe Underwoods

• Thruscross

• Weston

• Whixley

Article 9(3)

SCHEDULE 6PARISHES IN WHICH ELECTIONS ARE TO BE HELD IN 2002

• Asenby

• Azerley

• Baldersby

• Bilton-in-Ainsty with Bickerton

• Bishop Monkton

• Bishop Thornton

• Burton Leonard

• Copgrove

• Cundall with Leckby

• Dishforth

• Eavestone

• Ellenthorpe

• Follifoot

• Grantley

• Humberton

• Kirby Hill

• Kirk Deighton

• Kirkby Malzeard

• Langthorpe

• Laverton

• Little Ribston

• Long Marston

• Markenfield Hall

• Markington with Wallerthwaite

• Melmerby

• Middleton Quernhow

• Milby

• Newby with Mulwith

• Nidd

• North Deighton

• Norton Conyers

• Norton-le-Clay

• Rainton with Newby

• Ripley

• Roecliffe

• Sawley

• Skelding

• Skelton on Ure

• South Stainley with Cayton

• Spofforth with Stockeld

• Staveley

• Thornton Bridge

• Tockwith

• Warsill

• Wath

• Westwick

• Wighill

• Winksley

Explanatory Note

(This note is not part of the Order)

This Order gives effect, subject to the modification noted below, to recommendations by the Local Government Commission for England for electoral changes in the borough of Harrogate. The changes have effect in relation to local government elections to be held on and after 2nd May 2002.

The Secretary of State has decided that the parish ward for which the Commission proposed the name “Knaresborough Nidd” shall bear the name “Knaresborough King James”.

Article 2 abolishes the existing wards of the borough and provides for the creation of 35 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 3 makes provision for a whole council election in 2002 and for reversion to elections by thirds in subsequent years. Schedule 2 regulates the order of retirement of councillors.

Articles 4 to 8 make electoral changes in the parishes of Boroughbridge, Killinghall, Knaresborough and Whixley and the city of Ripon.

Article 9 provides for elections of parish councillors.

Article 10 revokes the Borough of Harrogate (Electoral Arrangements) Order 1979.

The areas of the new borough wards are demarcated on the map described in article 1(5). Prints of the map may be inspected at all reasonable times at the offices of Harrogate Borough Council and at the offices of the Secretary of State for the Environment, Transport and the Regions, 2nd Floor, Ashdown House, 123 Victoria Street, London SW1E 6DE.