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The District of Cannock Chase (Electoral Changes) Order 2001

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Statutory Instruments

2001 No. 1442

LOCAL GOVERNMENT, ENGLAND

The District of Cannock Chase (Electoral Changes) Order 2001

Made

10th April 2001

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

Whereas the Local Government Commission for England, acting pursuant to section 15(4) of the Local Government Act 1992(1), has submitted to the Secretary of State a report dated October 2000 on its review of the district of Cannock Chase together with its recommendations:

And whereas the Secretary of State has decided to give effect to those recommendations:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 17(2) and 26 of the Local Government Act 1992, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the District of Cannock Chase (Electoral Changes) Order 2001.

(2) This article and articles 2, 3, 8 and 9 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 to 7 of this Order shall come into force—

(a)for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Brindley Heath, Heath Hayes and Wimblebury, Hednesford and Rugeley to be held on 1st May 2003, on 10th October 2002.

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

(4) In this Order—

“district” means the district of Cannock Chase;

“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 prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Cannock Chase (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994(3); and

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

Wards of the district of Cannock Chase

2.—(1) The existing wards of the district(4) shall be abolished.

(2) The district shall be divided into fifteen 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 an area is not 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 district of Cannock Chase

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

(2) Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2002(5).

(3) The councillors holding office for any ward of the district 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) Of the councillors elected in 2002 for any ward of the district—

(a)the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smaller 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.

(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 Brindley Heath

4.—(1) The existing wards of the parish of Brindley Heath 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 3; each parish ward shall comprise the area of the district 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 Heath Hayes and Wimblebury

5.—(1) The parish shall be divided into four parish wards which shall bear the names Hawks Green, New Heath Hayes, Old Heath Hayes and Wimblebury; and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.

(2) The number of councillors to be elected for the Old Heath Hayes parish ward shall be four and for each of the Hawks Green, New Heath Hayes and Wimblebury parish wards shall be three.

Wards of the parish of Hednesford

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

(2) The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district 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 Rugeley

7.—(1) The existing wards of the parish of Rugeley shall be abolished.

(2) The parish shall be divided into three parish wards which shall bear the names Etching Hill, Hagley and Western Springs; the parish wards of Hagley and Western Springs shall be coterminous with the district wards of the same name, and the Etching Hill parish ward shall consist of the rest of the parish.

(3) The number of councillors to be elected for each of the Etching Hill and Western Springs parish wards shall be seven, and for the Hagley parish ward shall be five.

Parish elections

8.—(1) The term of office of every parish councillor elected on the ordinary day of election of councillors in 2000(6) for the parish of Cannock Wood shall be three 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 2003.

(2) Elections of all parish councillors for the parish of Cannock Wood shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.

(3) The councillors elected in accordance with paragraph (2) in 2003 shall come into office on the day on which their predecessors retire.

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

Revocation

9.  The District of Cannock Chase (Electoral Arrangements) Order 1976 is hereby revoked.

Signed by the authority of the Secretary of State for the Environment, Transport and the Regions

Beverley Hughes

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

10th April 2001

Article 2

SCHEDULE 1NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)(2)(3)
Name of WardArea of WardNumber of Councillors
Brereton and RavenhillThe parish of Brereton and Ravenhill3
Cannock East3
Cannock North3
Cannock South3
Cannock West3
Etching Hill and The Heath3
Hagley2
Hawks Green3
Heath Hayes East and Wimblebury3
Hednesford Green Heath2
Hednesford North3
Hednesford South2
Norton CanesThe parish of Norton Canes3
Rawnsley2
Western Springs3

Article 3(4)

SCHEDULE 2ORDER OF RETIREMENT OF COUNCILLORS

(1)(2)(3)(4)
Name of WardNumber of Councillors to retire in 2003Number of Councillors to retire in 2004Number of Councillors to retire in 2006
Brereton and Ravenhill111
Cannock East111
Cannock North111
Cannock South111
Cannock West111
Etching Hill and The Heath111
Hagley110
Hawks Green111
Heath Hayes East and Wimblebury111
Hednesford Green Heath101
Hednesford North111
Hednesford South110
Norton Canes111
Rawnsley101
Western Springs111

Article (4)

SCHEDULE 3WARDS OF THE PARISH OF BRINDLEY HEATHNAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)(2)(3)
Name of WardArea of WardNumber of Councillors
Brindley VillageSo much of the district ward of Hednesford North as comprises part of the parish of Brindley Heath5
Chase SideSo much of the district ward of Etching Hill and The Heath as comprises part of the parish of Brindley Heath2

Article 6

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

(1)(2)(3)
Name of WardArea of WardNumber of Councillors
AngleseyThe district ward of Hednesford South3
Blake CloseSo much of the district ward of Cannock East as comprises part of the parish of Hednesford1
Pye GreenThe district ward of Hednesford Green Heath3
West HillSo much of the district ward of Hednesford North as comprises part of the parish of Hednesford4

Explanatory Note

(This note is not part of the Order)

This Order gives effect to recommendations by the Local Government Commission for England for electoral changes in the district of Cannock Chase. The changes have effect in relation to local government elections to be held on and after 2nd May 2002.

Article 2 abolishes the existing wards of the district and provides for the creation of 15 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 7 make electoral changes in the parishes of Brindley Heath, Heath Hayes and Wimblebury, Hednesford and Rugeley.

Article 8 provides for elections of parish councillors in the parish of Cannock Wood.

Article 9 revokes the District of Cannock Chase (Electoral Arrangements) Order 1976.

The areas of the new district and parish wards are demarcated on the map described in article 1(3). Prints of the map may be inspected at all reasonable times at the offices of Cannock Chase District 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.

(2)

Section 17 is amended by section 39(4) and (5) of the Police and Magistrates' Courts Act 1994 (c. 29).

(3)

S.I. 1994/867, to which there are amendments not relevant to this Order.

(4)

See the District of Cannock Chase (Electoral Arrangements) Order 1976 (S.I. 1976/181).

(5)

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).

(6)

See the Cannock Chase (Parishes) Order 1987 (S.I. 1987/2259) as amended by the Cannock Chase (Parishes) Order 1987 (Variation of Supplementary Provision) Order 1988 (S.I. 1988/1872).

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