The District of South Lakeland (Electoral Changes) Order 2008

• Citation: S.I. 2008/423
• Sections: 13

Section 1 Citation and commencement

(1) This Order may be cited as the District of South Lakeland (Electoral Changes) Order 2008.

(2) This Order, with the exception of articles 5, 6 and 8, comes into force—

(a) for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2008, on the day after that on which it is made;

(b) for all other purposes, on the ordinary day of election of councillors in 2008.

(3) Article 6 comes into force—

(a) for the purpose of proceedings preliminary or relating to the election of parish councillors for the parish of Kendal to be held on the ordinary day of election of councillors in 2010, on 15th October 2009;

(b) for all other purposes, on the ordinary day of election of councillors in 2010.

(4) Articles 5 and 8 come into force—

(a) for the purpose of proceedings preliminary or relating to the election of parish councillors for the parishes of Grange-over-Sands and Windermere to be held on the ordinary day of election of councillors in 2011, on 15th October 2010;

(b) for all other purposes, on the ordinary day of election of councillors in 2011.

Section 2 Interpretation

In this Order—

“district” means the district of South Lakeland;

“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;

“map” means the map marked “Map referred to in the District of South Lakeland (Electoral Changes) Order 2008”, of which prints are available for inspection at the principal office of the Electoral Commission: and any reference to a numbered sheet is a reference to the sheet of the map which bears that number;

“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 ; and

“registration officer” means an officer appointed for the purpose of, and in accordance with, section 8 of the Representation of the People Act 1983.

Section 3 Wards of the district of South Lakeland

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

(2) The district shall be divided into forty-five wards which shall be named as set out in column (1) of Schedule 1.

(3) Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines.

(4) The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column 2 of that Schedule.

(5) 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 the district of South Lakeland

(1) Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2008 .

(2) The councillors holding office for any ward of the district immediately before the fourth day after the ordinary day of election of councillors in 2008 shall retire on that date and the newly elected councillors 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 2008 for any ward of the district is two or more—

(a) the first to retire shall, subject to paragraphs (5) and (6), 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 Grange-over-Sands

(1) The parish of Grange-over-Sands shall be divided into three wards which shall be named Grange North, Grange South and Grange West.

(2) Each ward shall comprise the area designated on sheet 6 and 9 by reference to the name of the ward and demarcated by orange lines.

(3) The number of councillors to be elected for Grange North shall be four, for Grange South shall be four and for Grange West shall be one.

Section 6 Wards of the parish of Kendal

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

(2) The parish shall be divided into fourteen wards which shall be named Kendal Castle, Kendal Far Cross, Kendal Fell, Kendal Romney, Kendal Heron Hill, Kendal Highgate, Kendal Kirkland, Kendal Mintsfeet, Kendal Nether, Kendal Oxenholme, Kendal Parks, Kendal Stonecross, Kendal Strickland and Kendal Underley.

(3) Each ward shall comprise the area designated on sheet 10 by reference to the name of the ward and demarcated by orange lines.

(4) The number of councillors to be elected for each ward shall be two.

Section 7 Wards of the parish of Ulverston

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

(2) The parish shall be divided into six wards which shall be named Ulverston Central, Ulverston East, Ulverston North, Ulverston South, Ulverston Town and Ulverston West.

(3) Each ward shall comprise the area designated on sheet 7 by reference to the name of the ward and demarcated by orange lines.

(4) The number of councillors to be elected for each ward shall be three.

Section 8 Wards of the parish of Windermere

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

(2) The parish shall be divided into four wards which shall be named Windermere Applethwaite, Windermere Bowness South, Windermere Bowness North and Windermere Town.

(3) Each ward shall comprise the area designated on sheet 4 and 5 by reference to the name of the ward and demarcated by orange lines.

(4) The number of councillors to be elected for each ward shall be five.

Section 9 Number of parish councillors for the parish of Aldingham

The number of councillors to be elected for the parish of Aldingham shall be eight.

Section 10 Parish elections

(1) The election of all parish councillors for the parishes of Lowick and Preston Richard shall be held on the ordinary day of election of councillors in 2008 .

(2) The term of office of every parish councillor elected on the ordinary day of election of councillors in 2007 for the parishes of Lowick and Preston Richard shall be one year.

(3) The elections of all parish councillors for the parish of Lakes shall be held simultaneously on the ordinary day of election of councillors in 2011 .

(4) The term of office of every parish councillor elected on the ordinary day of election of councillors in 2006 for the parish of Lakes shall be five years.

(5) The ordinary elections of parish councillors for the parish of Lakes in 2010 shall not take place; and any such parish councillor holding office immediately before 10 th of May 2010 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 2011.

(6) Where any provision of an Order made before the making of this Order requires an election of parish councillors for a parish mentioned in paragraphs (1) and (3) to be held on a date other than that for which paragraph (1) and (3) provides, it shall cease to have effect to that extent.

(7) 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 9 th of May 2011 in the office of a parish councillor for the parish of Lakes 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 9 th of May 2011.

Section 11 Map

South Lakeland District Council shall make a print of the map available for inspection at its offices by any member of the public at any reasonable time.

Section 12 Electoral register

The registration officer for the district 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 13 Revocation

Articles 2, 3(4), 4, 5, 6, Schedule 1 and 2 and paragraphs (2) and (4) of article 8 (so far as article 8 relates to elections in the parishes of Lakes and Lowick), of the District of South Lakeland (Electoral Changes) Order 1998 are revoked.