The Rugby (Electoral Changes) Order 2012

• Citation: S.I. 2012/4
• Sections: 10

Section 1 Citation and commencement

(1) This Order may be cited as the Rugby (Electoral Changes) Order 2012.

(2) This Order, with the exception of articles 5, 6 and 9 comes into force—

(a) for the purpose of proceedings preliminary or relating to the elections of councillors for district wards, on the day after that on which it is made;

(b) for all other purposes, on the ordinary day of election of councillors in 2012.

(3) Articles 5 and 6 come into force—

(a) for the purpose of proceedings preliminary or relating to the elections of councillors for the parishes of Churchover and Clifton upon Dunsmore, on 15th October 2015;

(b) for all other purposes, on the ordinary day of election of councillors in 2016.

(4) Article 9 comes into force on 15th October 2015.

Section 2 Interpretation

In this Order—

“map” means the map marked “Map referred to in the Rugby (Electoral Changes) Order 2012”, of which prints are available for inspection at the principal office of the Local Government Boundary Commission for England;

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

Section 3 Wards of the district of Rugby and number of councillors

(1) The existing wards of the district of Rugby are abolished.

(2) The district is divided into sixteen wards each bearing a name listed in column 1 of Schedule 1.

(3) Each ward comprises the area designated on the map by reference to the name of the ward.

(4) The number of councillors to be elected for each ward is the number specified in relation to that ward in column 2 of Schedule 1.

(5) Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.

Section 4 Elections of the council of the district of Rugby

(1) Elections of all councillors for all wards of the district are to be held simultaneously on the ordinary day of election of councillors in 2012 .

(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 2012 are to retire on that date and the newly elected councillors are to come into office on that date.

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

(4) Where the number of councillors elected in 2012 for any ward of the district is two or more—

(a) the first to retire is, subject to paragraphs (5) and (6), to be the councillor elected by the smallest number of votes; and

(b) the second to retire is, subject to those paragraphs, to 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 is to be determined by lot.

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

(7) Where under this article any question is to be determined by lot, the lot is to be drawn at the next practicable meeting of the council after the question has arisen and the drawing is to be conducted under the direction of the person presiding at the meeting.

Section 5 Wards of the parish of Churchover and number of councillors

(1) The parish of Churchover is divided into two wards named respectively—

(a) Churchover North;

(b) Churchover South.

(2) Each ward comprises the area designated on the map by reference to the name of the ward.

(3) Four councillors are to be elected for Churchover North ward.

(4) One councillor is to be elected for Churchover South ward.

Section 6 Wards of the parish of Clifton upon Dunsmore and number of councillors

(1) The parish of Clifton upon Dunsmore is divided into two wards named respectively—

(a) Clifton upon Dunsmore;

(b) Rugby Radio Station.

(2) Each ward comprises the area designated on the map by reference to the name of the ward.

(3) Seven councillors are to be elected for Clifton upon Dunsmore ward.

(4) One councillor is to be elected for Rugby Radio Station ward.

Section 7 Parish elections

(1) The election of all parish councillors for the parishes of Shilton and Wolvey are to be held on the ordinary day of election of councillors in 2014 and every fourth year after 2014 .

(2) The election of all parish councillors for the parishes of Clifton upon Dunsmore and Newton and Biggin are to be held on the ordinary day of election of councillors in 2016 and every fourth year after 2016 .

Section 8 Transitional provisions

(1) The term of office of every parish councillor elected on the ordinary day of election of councillors in 2012 for the parishes of Shilton and Wolvey is to be two years.

(2) The term of office of every parish councillor elected on the ordinary day of election of councillors in 2014 for the parishes of Clifton upon Dunsmore and Newton and Biggin is to be two years.

Section 9 Revocation and modifications

Any provision of an Order made before the making of this Order which requires an election of parish councillors for a parish mentioned in Article 7 to be held on a date other than that for which Article 7 provides is revoked.

Section 10 Revocation and modifications

Rule 5 of the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (filling of casual vacancies) is to have effect—

(a) in the case of a casual vacancy occurring before the fourth day after the ordinary day of election of councillors in 2014 in the office of a parish councillor for the parishes of Shilton or Wolvey as if the references in paragraphs (3) and (6) of that rule to the day on which that councillor would regularly have retired were a reference to the fourth day after the ordinary day of election of councillors in 2014;

(b) in the case of a casual vacancy occurring before the fourth day after the ordinary day of election of councillors in 2016 in the office of a parish councillor for the parishes of Clifton upon Dunsmore or Newton and Biggin as if the references in paragraphs (3) and (6) of that rule to the day on which that councillor would regularly have retired were a reference to the fourth day after the ordinary day of election of councillors in 2016.