LegalizeThe District of West Lindsey (Electoral Changes) Order 1998
Made: 21st September 1998
Coming into force in accordance with article 1(2)
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 172 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 West Lindsey (Electoral Changes) Order 1998.
- (2) This Order shall come into force for the purposes of articles 2, 3, 5 and 6 on 6th May 1999 except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on 10th October 1998.
- (3) For the purposes of article 4 this Order shall come into force on 4th May 2000, except that for the purpose of all proceedings preliminary or relating to an election of a parish councillor of the parish of Gainsborough to be held on or after that date this Order shall come into force on 10th October 1999.
- (4) In this Order–
- “the district” means the district of West Lindsey;
- “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 West Lindsey (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 19943.
Wards of West Lindsey
2
- (1) The existing wards of the district4 shall be abolished.
- (2) The district shall be divided into twenty-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 parishes and parish wards, 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, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of West Lindsey
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 wards of the district shall be held simultaneously on the ordinary day of election of councillors in 19995.
- (3) The councillors holding office for any ward in the district immediately before 10th May 1999 shall retire on that date and the newly elected councillors for any such ward 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 1999 for any ward of the district is two, the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smaller number of votes.
- (6) Where the number of councillors elected in 1999 for any ward of the district is three–
- (a) the first to retire shall, subject to paragraphs (7) and (8) below, 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.
- (7) 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.
- (8) If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
- (9) 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.
- (10) 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 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 Gainsborough
4
- (1) The existing wards of the parish of Gainsborough shall be abolished.
- (2) The parish 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 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.
Numbers of parish councillors
5
The number of councillors to be elected for the Keelby parish shall be eleven.
Parish elections
6
- (1) The ordinary elections of parish councillors for the parishes of East Stockwith, Great Limber and Toft Newton in 1999 shall not take place; and any such parish councillor holding office immediately before 10th May 1999 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 8th May 2000.
- (2) Elections of all parish councillors for the parishes of Cold Hanworth, East Stockwith, Faldingworth, Great Limber, Hackthorn, Laughton, Northorpe, Scotton, Sudbrooke, Swallow, Toft Newton, Wickenby and Spridlington shall be held simultaneously on the ordinary day of election of councillors in 2000 and every fourth year after 2000.
- (3) The term of office of any parish councillor elected on the ordinary day of election of councillors in 1999 for the parishes of Corringham, Tealby, Walesby, Morton, Bishop Norton, Glentham, Snitterby, Waddingham and Stainton le Vale shall be three years.
- (4) Elections of all parish councillors for the parishes of Corringham, Tealby, Walesby, Morton, Bishop Norton, Glentham, Snitterby, Waddingham and Stainton le Vale shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
- (5) Except as otherwise provided in the foregoing paragraphs of this article, the term of office of parish councillors shall be four years and all parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected parish councillors shall come into office on the day on which their predecessors retire.
- (6) Rule 8 of the Local Elections (Parishes and Communities) Rules 19866 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 8th May 2000 in the office of a parish councillor for the parish of East Stockwith, Great Limber and Toft Newton as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 8th May 2000.
Revocation
7
The District of West Lindsey (Electoral Arrangements) Order 1978 is hereby revoked.
SCHEDULE 1 — DISTRICT OF WEST LINDSEY: NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS
| (1) | (2) | (3) |
|---|---|---|
| Name of ward | Area of ward | Number of councillors |
| Bardney | The parishes of Apley, Bardney and Stainfield | 1 |
| Caistor | The parishes of Cabourne, Caistor, Great Limber and Swallow | 2 |
| Cherry Willingham | The parishes of Cherry Willingham and Reepham | 2 |
| Dunholme | The parishes of Dunholme, Friesthope, Snarford, Snelland and Wickenby | 1 |
| Fiskerton | The parishes of Barlings, Bullington, Fiskerton, Fulnetby, Goltho, Holton cum Beckering, Newball, Rand and Stainton by Langworth | 1 |
| Gainsborough East | 3 | |
| Gainsborough North | 3 | |
| Gainsborough South-West | 2 | |
| Hemswell | The parishes of Blyborough, Corringham, Grayingham, Harpswell, Heapham, Hemswell, Hemswell Cliff, Springthorpe and Willoughton | 1 |
| Kelsey | The parishes of Bigby, Grasby, North Kelsey, Searby cum Owmby, Somerby and South Kelsey | 1 |
| Lea | The parishes of Kexby, Knaith, Lea and Upton | 1 |
| Market Rasen | The parishes of Buslingthorpe, Legsby, Linwood, Lissington, Market Rasen, North Willingham, Sixhills, Tealby and Walesby | 2 |
| Middle Rasen | The parishes of Middle Rasen, Osgodby, Owersby and West Rasen | 1 |
| Nettleham | The parishes of Grange de Lings, Greetwell, Nettleham and Riseholme | 2 |
| Saxilby | The parishes of Broadholme, Broxholme, Burton, North Carlton, Saxilby with Ingleby and South Carlton | 2 |
| Scampton | The parishes of Aisthorpe, Brattleby, Cammeringham, Fillingham, Glentworth, Ingham, Scampton and Thorpe in the Fallows | 1 |
| Scotter | The parishes of East Ferry, East Stockwith, Laughton, Northorpe, Scotton, Scotter, Walkerith and Wildsworth | 2 |
| Stow | The parishes of Stow, Sturton by Stow and Willingham | 1 |
| Sudbrooke | The parishes of Scothern and Sudbrooke | 1 |
| Thonock | The parishes of Blyton, Morton, Pilham and Thonock | 1 |
| Torksey | The parishes of Brampton, Fenton, Gate Burton, Hardwick, Kettlethorpe, Marton, Newton on Trent and Torksey | 1 |
| Waddingham and Spital | The parishes of Bishop Norton, Caenby, Glentham, Owmby, Snitterby, Normanby by Spital, Waddingham, Saxby and West Firsby | 1 |
| Welton | The parishes of Cold Hanworth, Faldingworth, Hackthorn, Spridlington, Toft Newton and Welton | 2 |
| Wold View | The parishes of Claxby, Holton le Moor, Kirmond le Mire, Nettleton, Normanby le Wold, Rothwell, Stainton le Vale, Swinhope, Thoresway and Thorganby | 1 |
| Yarborough | The parishes of Brocklesby, Keelby and Riby | 1 |
SCHEDULE 2 — ORDER OF RETIREMENT OF COUNCILLORS
| Name of New Ward | Number of Councillors to retire in 2000 | Number of Councillors to retire in 2002 | Number of Councillors to retire in 2003 |
|---|---|---|---|
| Bardney | 0 | 1 | 0 |
| Caistor | 1 | 0 | 1 |
| Cherry Willingham | 1 | 1 | 0 |
| Dunholme | 1 | 0 | 0 |
| Fiskerton | 0 | 1 | 0 |
| Gainsborough East | 1 | 1 | 1 |
| Gainsborough North | 1 | 1 | 1 |
| Gainsborough South-West | 1 | 0 | 1 |
| Hemswell | 0 | 1 | 0 |
| Kelsey | 0 | 0 | 1 |
| Lea | 0 | 0 | 1 |
| Market Rasen | 1 | 1 | 0 |
| Middle Rasen | 0 | 0 | 1 |
| Nettleham | 1 | 1 | 0 |
| Saxilby | 1 | 0 | 1 |
| Scampton | 0 | 1 | 0 |
| Scotter | 1 | 0 | 1 |
| Stow | 1 | 0 | 0 |
| Sudbrooke | 1 | 0 | 0 |
| Thonock | 0 | 1 | 0 |
| Torksey | 0 | 0 | 1 |
| Waddingham and Spital | 0 | 1 | 0 |
| Welton | 1 | 0 | 1 |
| Wold View | 0 | 1 | 0 |
| Yarborough | 0 | 0 | 1 |
SCHEDULE 3 — WARDS OF THE PARISH OF GAINSBOROUGH: NAMES, AREAS AND NUMBERS OF COUNCILLORS
| (1) | (2) | (3) |
|---|---|---|
| Name of ward | Description of area | Number of councillors |
| East | The Gainsborough East ward | 6 |
| North | The Gainsborough North ward | 7 |
| South-West | The Gainsborough South-West ward | 5 |
Signed
Signed by authority of the Secretary of State
Hilary Armstrong — Minister of State, — Department of the Environment, Transport and the Regions — 21st September 1998
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 West Lindsey.
Article 2 abolishes all of the existing wards of the district and provides for the creation of 25 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 West Lindsey in 1999 and for reversion to elections by thirds in subsequent years. Schedule 2 provides for the order of retirement of councillors.
Articles 4 and 5 make electoral changes in the parishes of Gainsborough and Keelby.
Article 6 makes provision for elections of parish councils in the district.
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 West Lindsey District Council and at the offices of the Secretary of State for the Environment, Transport and the Regions, which are located at 2nd Floor, Ashdown House, 123 Victoria Street, London SW1E 6DE.
Footnotes
Section 17 is amended by section 39(4) and (5) of the Police and Magistrates' Courts Act 1994 (c. 29).
S.I. 1994/867, to which there are amendments not relevant to this Order.
See The District of West Lindsey (Electoral Arrangements) Order 1978 (S.I. 1978/990).
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).
S.I. 1986/2215, to which there are amendments not relevant to this Order.
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