The Borough of Swale (Electoral Changes) Order 2001

• Citation: S.I. 2001/3555
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Borough of Swale (Electoral Changes) Order 2001.

(2) This article and articles 2, 3, 7 and 8 shall come into force—

(a) for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on the day after the day on which it is made;

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

(3) Article 4 of this Order shall come into force—

(a) for the purpose of proceedings preliminary or relating to the election of parish councillors for the parish of Faversham to be held on 6th May 2004, on 15th October 2003;

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

(4) Articles 5 and 6 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 Minster-on-Sea and Borden to be held on 1st May 2003, on 15th October 2002;

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

(5) In this Order—

“borough” means the borough of Swale;

“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 for Transport, Local Government and the Regions marked “Map of the Borough of Swale (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .

Section 2 Wards of the borough of Swale

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

(2) The borough 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, 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.

Section 3 Elections of the council of Swale

(1) Subject to the following provisions of this article, the election 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 .

(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) Of the councillors elected in 2002 for any ward of the borough—

(a) the first to retire shall, subject to paragraphs (6) and (7), 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.

(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.

Section 4 Wards of the parish of Faversham

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

(2) The parish shall be divided into four parish wards which shall bear the names Abbey, Davington Priory, St Ann’s and Watling; and each parish ward shall comprise the area of the borough ward bearing the same name, and the number of councillors to be elected for each of the Abbey, St Ann’s and Watling parish wards shall be four, and for the Davington Priory parish ward shall be two.

Section 5 Wards of the parish of Minster-on-Sea

The parish of Minster-on-Sea 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.

Section 6 Numbers of parish councillors

The number of parish councillors to be elected for the parish of Borden shall be thirteen.

Section 7 Parish Elections

(1) The ordinary elections of parish councillors for the parish of Ospringe in 2003 shall not take place; and any such parish councillor holding office immediately before 1st 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 of Badlesmere, Doddington, Eastling, Faversham, Iwade, Leaveland, Lower Halstow, Newnham, Ospringe, Selling, Sheldwich and Stalisfield shall be held simultaneously on the ordinary day of election of councillors in 2004, and every fourth year after 2004.

(3) The term of office of parish councillors elected in accordance with paragraph (2) shall be four years; and they 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.

(4) 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 8th May 2004 in the office of a parish councillor for the parish of Ospringe 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 2004.

Section 8 Revocation

The District of Swale (Electoral Arrangements) Order 1976 is hereby revoked.