The Local Authorities (Scheme for Elections of Specified Councils) (England) Order 2002

• Citation: S.I. 2002/1962
• Sections: 6

Section 1 Citation, commencement, application and interpretation

(1) This Order may be cited as the Local Authorities (Scheme for Elections of Specified Councils) (England) Order 2002 and shall come into force on 19th August 2002.

(2) This Order applies to local authorities in England only .

(3) In this Order—

“the 2000 Act ” means the Local Government Act 2000;

“relevant district” means a borough or city of a council specified in article 2(1); and

“relevant parish” means a parish specified in article 2(2).

Section 2 Specified authorities

(1) The following councils are specified under section 86 of the 2000 Act for the purposes of this Order—

(a) the council of the borough of Cheltenham;

(b) the council of the borough of Fareham;

(c) the council of the borough of Gosport;

(d) the council of the borough of Hastings;

(e) the council of the borough of Nuneaton and Bedworth; and

(f) the council of the city of Oxford.

(2) The following local authorities are specified under section 87 of the 2000 Act for the purposes of this Order—

(a) within the borough of Cheltenham, the parish councils of the parishes of—

(i) Charlton Kings;

(ii) Leckhampton;

(iii) Prestbury;

(iv) Swindon; and

(v) Up Hatherly; and

(b) within the city of Oxford, the parish councils of the parishes of—

(i) Blackbird Leys;

(ii) Littlemore;

(iii) Old Marston; and

(iv) Risinghurst and Sandhills.

Section 3 New scheme for the ordinary elections of councillors

(1) Subject to the following provisions of this article, the scheme for the ordinary elections of councillors for wards of a relevant district shall be a scheme under which—

(a) the term of office of councillors is four years;

(b) the elections are held on the ordinary day of elections of councillors in 2004 and every second year after 2004;

(c) one half (or as nearly as may be) of the councillors are elected in each year in which the elections are held; and

(d) one half (or as nearly as may be) of the councillors retire in each year in which the elections are held.

(2) Of the councillors elected for each ward of a relevant district in 2002 —

(a) one councillor shall retire in 2004 and, accordingly, his term of office shall be two years; and

(b) the other councillor, or in the case of Portchester East in the borough of Fareham the other two councillors, shall retire in 2006 and, accordingly, the term of office of each such councillor shall be four years.

(3) Of the councillors elected in 2002 for any ward of a relevant district, the first to retire shall, subject to paragraph (4), be the councillor elected by the smallest number of votes.

(4) In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in 2004, the person to retire in that year shall be determined by lot.

(5) Where under paragraph (4) 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.

(6) 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 Changes to years of parish elections

The ordinary elections of parish councillors of a relevant parish that would, but for this Order, have taken place in 2007 and every fourth year after 2007 shall instead take place on the ordinary day of election of councillors in 2006 and every fourth year after 2006.

Section 5 Retirement of parish councillors

(1) Any parish councillor of a relevant parish holding office immediately before the fourth day after the ordinary day of election of councillors in 2006 who would, but for this Order, have retired on the ordinary day of election of councillors in 2007 shall, unless he resigns his office or it otherwise becomes vacant, retire instead on the fourth day after the ordinary day of election of councillors in 2006.

(2) The term of office of parish councillors of a relevant parish elected on the ordinary day of election of councillors in 2003 shall be three years.

(3) Except as otherwise provided in the preceding paragraphs of this article, the term of office of parish councillors of a relevant parish shall be four years.

(4) 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.

Section 6 Revocations

The following provisions shall be revoked—

(a) article 3 of, and Schedule 2 to, the Borough of Cheltenham (Electoral Changes) Order 2001 ;

(b) article 3 of, and Schedule 2 to, the Borough of Fareham (Electoral Changes) Order 2001 ;

(c) article 3 of, and Schedule 2 to, the Borough of Gosport (Electoral Changes) Order 2001 ;

(d) article 3 of, and Schedule 2 to, the Borough of Hastings (Electoral Changes) Order 2001 ;

(e) article 3 of, and Schedule 2 to, the Borough of Nuneaton and Bedworth (Electoral Changes) Order 2000 ; and

(f) article 3 of, and Schedule 2 to, the City of Oxford (Electoral Changes) Order 2001 .