The Borough of Weymouth and Portland (Electoral Changes) Order 2002

• Citation: S.I. 2002/2368
• Sections: 9

Section 1 Citation and commencement

(1) This Order may be cited as the Borough of Weymouth and Portland (Electoral Changes) Order 2002.

(2) This Order except articles 6(3) and 6(4) shall come into force—

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

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

(3) Articles 6(3) and 6(4) shall come into force on the day after that on which this Order is made.

Section 2 Interpretation

In this Order—

“borough” means the borough of Weymouth and Portland;

“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 marked “Map referred to in the Borough of Weymouth and Portland (Electoral Changes) Order 2002”, of which prints are available for inspection at—

(a) the principal office of the Electoral Commission; and

(b) the offices of Weymouth and Portland Borough Council.

Section 3 Wards of the borough of Weymouth and Portland

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

(2) The borough 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 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 (2) of Schedule 1.

(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 4 Elections of the council of Weymouth and Portland

(1) Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .

(2) The councillors holding office for any ward of the borough immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.

(3) The order of retirement of councillors shall be as set out in Schedule 2.

(4) Where the number of councillors elected in 2004 for any ward of the borough is two or more—

(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.

(5) 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.

(6) If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.

(7) 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.

Section 5 Wards of the parish of Portland

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

(2) The parish shall be divided into three parish wards which shall bear the names Tophill East, Tophill West and Underhill; each parish ward shall comprise the area of the borough ward bearing the same name.

(3) The number of councillors to be elected for each of the Tophill East and Underhill parish wards shall be four and for the Tophill West parish ward shall be six.

Section 6 Parish elections

(1) Elections of all parish councillors for the parish of Portland shall be held simultaneously on the ordinary day of election of councillors in 2004, 2007 and every fourth year after 2007.

(2) The term of office of all parish councillors elected in accordance with the paragraph above shall be three years for those parish councillors elected in 2004 and four years for those parish councillors elected in 2007 and every fourth year after 2007; 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.

(3) The ordinary elections of parish councillors for the parish of Portland in 2003 shall not take place; and any such parish councillor holding office immediately before 5th 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.

(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 10th May 2004 in the office of a parish councillor for the parish of Portland 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 5th May 2003.

Section 7 Maps

Weymouth and Portland Borough Council shall make a print of the map marked “Map referred to in the Borough of Weymouth and Portland (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.

Section 8 Electoral registers

The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.

Section 9 Revocation

The Borough of Weymouth and Portland (Electoral Arrangements) Order 1978 is revoked, save for articles 8 and 9(8).