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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20012441.html

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STATUTORY INSTRUMENTS


2001 No. 2441

LOCAL GOVERNMENT, ENGLAND

The Borough of Brentwood (Electoral Changes) Order 2001

  Made 4th July 2001 
  Coming into force in accordance with article 1(2)

Whereas the Local Government Commission for England, acting pursuant to section 15(4) of the Local Government Act 1992[1], has submitted to the Secretary of State a report dated November 2000 on its review of the borough[2] of Brentwood together with its recommendations:

     And whereas the Secretary of State has decided to give effect, with one modification, to those recommendations:

     Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 17[3] and 26 of the Local Government Act 1992, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation
     1.  - (1) This Order may be cited as the Borough of Brentwood (Electoral Changes) Order 2001.

    (2) This Order shall come into force - 

    (3) In this Order - 

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 Brentwood (Electoral Changes) Order 2001", and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994[4].

Wards of the borough of Brentwood
     2.  - (1) The existing wards of the borough[5] 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 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.

Elections of the council of the borough of Brentwood
     3.  - (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[
6].

    (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) Where the number of councillors elected in 2002 for any ward of the borough is two or more - 

    (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.

Parish Elections
     4.  - (1) Elections of all parish councillors for the parishes of Ingatestone and Fryerning, Kelvedon Hatch, Mountnessing, Navestock and Stondon Massey, shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.

    (2) Elections of all parish councillors for the parishes of Blackmore, Hook End and Wyatts Green, and Doddinghurst, 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 any parish councillor to whom paragraphs (1) and (2) of this article applies shall be four years; and those 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 councillors shall come into office on the day on which their predecessors retire.

    (4) Where any provision of an Order made before the making of this Order requires an election of parish councillors for a parish referred to in paragraph (1) or paragraph (2) to be held on a date other than that for which that paragraph provides, it shall cease to have effect to that extent.

Revocation
    
5. The District of Brentwood (Electoral Arrangements) Order 1975 is hereby revoked.



Signed by authority of the Secretary of Statefor Transport, Local Government and the Regions


Alan Whitehead
Parliamentary Under-Secretary of State, Department for Transport,Local Government and the Regions

4th July 2001



SCHEDULE 1
article 2


NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS


(1) Name of Ward (2) Area of Ward (3) Number of Councillors
Brentwood North      3
Brentwood South      3
Brentwood West      3
Brizes and Doddinghurst The parishes of Doddinghurst, Kelvedon Hatch and Navestock 3
Herongate, Ingrave and West Horndon      2
Hutton Central      2
Hutton East      2
Hutton North      2
Hutton South      2
Ingatestone, Fryerning and Mountnessing      3
Pilgrims Hatch      3
Shenfield      3
South Weald      1
Tipps Cross The parishes of Blackmore, Hook End and Wyatts Green, and Stondon Massey 2
Warley      3



SCHEDULE 2
article 3(4)


ORDER OF RETIREMENT OF COUNCILLORS


(1) Name of Ward (2) Number of councillors to retire in 2003 (3) Number of councillors to retire in 2004 (4) Number of councillors to retire in 2006
Brentwood North 1 1 1
Brentwood South 1 1 1
Brentwood West 1 1 1
Brizes and Doddinghurst 1 1 1
Herongate, Ingrave and West Horndon 1      1
Hutton Central      1 1
Hutton East 1      1
Hutton North 1 1     
Hutton South      1 1
Ingatestone, Fryerning and Mountnessing 1 1 1
Pilgrims Hatch 1 1 1
Shenfield 1 1 1
South Weald           1
Tipps Cross 1 1  
Warley 1 1 1



EXPLANATORY NOTE

(This note is not part of the Order)


This Order gives effect to recommendations by the Local Government Commission for England for electoral changes in the borough of Brentwood. The changes have effect in relation to local government elections to be held on and after 2nd May 2002. The modification relates to the name of one of the proposed new wards. The Secretary of State has decided that the ward for which the Commission suggested the name "Blackmore and Stondon Massey" should be called "Tipps Cross".

Article 2 abolishes the existing wards of the borough and provides for the creation of 15 new wards. That article and Schedule 1 also make provision for the names and areas of, and numbers of councillors for, the new wards.

Article 3 makes provision for a whole council election in 2002 and for reversion to elections by thirds in subsequent years. Schedule 2 regulates the order of retirement of councillors.

Article 4 provides for elections of parish councillors for parishes in the borough.

Article 5 revokes the District of Brentwood (Electoral Arrangements) Order 1975.

The areas of the new borough wards are demarcated on the map described in article 1(3). Prints of the map may be inspected at all reasonable times at the offices of Brentwood Borough Council and at the offices of the Secretary of State for Transport, Local Government and the Regions, 2nd Floor, Ashdown House, 123 Victoria Street, London SW1E 6DE.


Notes:

[1] 1992 c. 19.back

[2] The non-metropolitan district of Brentwood has the status of a borough.back

[3] Section 17 is amended by section 39(4) and (5) of the Police and Magistrates' Courts Act 1994 (c. 29).back

[4] S.I. 1994/867, to which there are amendments not relevant to this Order.back

[5] See the District of Brentwood (Electoral Arrangements) Order 1975 (S.I. 1975/2085).back

[6] For the ordinary day of election of councillors of local government areas, see section 37 of the Representation of the People Act 1983 (c. 2), amended by section 18(2) of the Representation of the People Act 1985 (c. 50) and section 17 of, and paragraphs 1 and 5 of Schedule 3 to, the Greater London Authority Act 1999 (c. 29).back



ISBN 0 11 029680 X


 © Crown copyright 2001

Prepared 13 July 2001


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