The City of Peterborough (Parishes and Electoral Changes) Order 1997

• Citation: S.I. 1997/777
• Sections: 9

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the City of Peterborough (Parishes and Electoral Changes) Order 1997.

(2) This Order shall come into force—

(a) for the purposes of article 2 on 1st April 1997; and

(b) for the purposes of articles 3, 4, 8 and 9 on 1st May 1997;

except that for the purpose of all proceedings preliminary or relating to an election to be held on or after 1st May 1997 articles 2, 3, 4 and 9(3) shall come into force on the day after the day on which it is made.

(3) For the purposes of article 5 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 Bretton to be held on or after that date that article shall come into force on 10th October 1999.

(4) For the purposes of articles 6 and 7 this Order shall come into force on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election of a parish councillor of the parishes of Orton Longueville and Orton Waterville to be held on or after that date that article shall come into force on 10th October 1998.

(5) In this Order—

“the city” means the city of Peterborough;

“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, marked “Map of the City of Peterborough (Parishes and Electoral Changes) Order 1997”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and

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

Section 2 Transfers between parishes in Peterborough

(1) The area marked A on sheet 1 shall cease to form part of the parish of Peakirk and shall become an unparished area of the city.

(2) The area marked B on sheet 3 shall be transferred from the parish of Castor to the parish of Bretton, and to the No. 4 ward of that parish.

Section 3 Wards of Peterborough

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

(2) The city shall be divided into twenty-four 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 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.

Section 4 Elections of the council of Peterborough

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

(2) Elections of all councillors for wards of the city shall be held simultaneously on the ordinary day of election of councillors in 1997.

(3) The councillors holding office for any ward in the city immediately before 5th May 1997 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 1997 for any ward of the city is two, the first to retire in that ward shall be, subject to paragraphs (7) and (8), the councillor elected by the smaller number of votes.

(6) Where the number of councillors elected in 1997 for any ward of the city is three—

(a) the first to retire shall, subject to paragraphs (7) and (8), 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) In each year in which a councillor for a ward in the city retires in accordance with paragraphs (4) to (9) an election of a councillor for that ward shall be held on the ordinary day of election of councillors in that year; and the term of office of councillors elected at such an election shall be three years.

(11) 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 of the city in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.

Section 5 Wards of Bretton parish

(1) The existing wards of the parish of Bretton 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.

(3) The parish wards shall comprise the areas described in column 2 of that Schedule by reference to wards of the city, and the number of councillors to be elected for each ward shall be the number specified in column 3 of that Schedule.

Section 6 Orton Longueville parish

(1) The parish of Orton Longueville shall be divided into two parish wards which shall bear the names set out in column 1 of Schedule 4.

(2) The parish wards shall comprise the areas described in column 2 of that Schedule by reference to wards of the city, and the number of councillors to be elected for each ward shall be the number specified in column 3 of that Schedule.

Section 7 Orton Waterville parish

(1) The parish of Orton Waterville shall be divided into five parish wards which shall bear the names set out in column 1 of Schedule 5.

(2) The parish wards shall comprise the areas designated on sheet 7 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 column 2 of that Schedule.

Section 8 Parish council elections

(1) Elections of all parish councillors for the parishes of Ailsworth, Castor, Glinton, Marholm and Wothorpe shall be held simultaneously on the ordinary day of election of councillors in 1999, 2002 and every fourth year after 2002.

(2) The ordinary elections of parish councillors for the parishes of Borough Fen, Sutton, Thorney, Thornhaugh, Wansford and Wittering in 1998 shall not take place; and any such parish councillor holding office immediately before 11th May 1998 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 10th May 1999.

(3) The term of office of any parish councillor elected on the ordinary day of election of councillors in 1999 for the parishes of Deeping Gate, Eye, Maxey, Newborough, Northborough and Peakirk shall be three years.

(4) The term of office of any parish councillor elected on the ordinary day of election of councillors in 2000 for the parishes of Bainton, Barnack, Etton, Helpston, Southorpe and Ufford shall be three years.

(5) Elections of all parish councillors for the parishes of Borough Fen, Sutton, Thorney, Thornhaugh, Wansford and Wittering shall be held simultaneously on the ordinary day of election of councillors in 1999, 2002 and every fourth year after 2002.

(6) Elections of all parish councillors for the parishes of Deeping Gate, Eye, Maxey, Newborough, Northborough and Peakirk shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.

(7) Elections of all parish councillors for the parishes of Bainton, Barnack, Etton, Helpston, Southorpe and Ufford shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.

(8) The term of office of any parish councillor elected at the elections held pursuant to paragraph (1), (5), (6) or (7) shall be, in the case of councillors elected in 1999, three years and, in any other case, four years.

(9) On the fourth day after any such election—

(a) the persons who were parish councillors immediately before those elections shall retire; and

(b) the newly elected parish councillors shall come into office.

(10) Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 10th May 1999 in the office of a parish councillor for the parish of Borough Fen, Sutton, Thorney, Thornhaugh, Wansford or Wittering 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 that date.

Section 9 Amendment of the Cambridgeshire (City of Peterborough) (Structural, Boundary and Electoral Changes) Order 1996

(1) The Cambridgeshire (City of Peterborough) (Structural, Boundary and Electoral Changes) Order 1996 shall be amended in accordance with the following paragraphs of this article.

(2) In article 4—

(a) in sub-paragraph (b) of paragraph (2), for “the Stanground ward” substitute “the South ward”; and

(b) in sub-paragraph (ii) of paragraphs (3), (4) and (5), for “the Fletton ward” substitute “the South ward”.

(3) In article 10(1), for “the Fletton ward” substitute “the South ward”.

(4) Articles 8 and 9 are revoked.