The Borough of Harrogate (Electoral Changes) Order 2000 No. 2601


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Statutory Instruments

2000 No. 2601

LOCAL GOVERNMENT, ENGLAND

The Borough of Harrogate (Electoral Changes) Order 2000

Made

22nd September 2000

Coming into force in accordance with article 1(2) to (4)

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 1999 on its review of the borough(2) of Harrogate together with its recommendations:

And whereas the Secretary of State has decided to give effect, subject to 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 Harrogate (Electoral Changes) Order 2000.

(2) This article and articles 2, 3, 9 and 10 shall come into force-

(a)for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;

(b)for all other purposes, on 2nd May 2002.

(3) Articles 4, 5 and 8 of this Order shall come into force-

(a)for the purpose of proceedings preliminary or relating to the election of parish councillors for the parishes of Boroughbridge, Killinghall and Whixley, respectively, to be held on 6th May 2004, on 10th October 2003.

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

(4) Articles 6 and 7 of this Order shall come into force-

(a)for the purpose of proceedings preliminary or relating to the election of parish councillors for the parishes of Knaresborough and Ripon, respectively, to be held on 1st May 2003, on 10th October 2002.

(b)for all other purposes, on 1st May 2003.

(5) In this Order-

"borough" means the borough of Harrogate;

"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 prepared by the Department of the Environment, Transport and the Regions marked "Map of the Borough of Harrogate (Electoral Changes) Order 2000", and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994(4).

Wards of the borough of Harrogate

2.-(1) The existing wards of the borough(5) shall be abolished.

(2) The borough shall be divided into thirty-five 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 no area is 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 Harrogate

3.-(1) Subject to the following provisions of this article, elections 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 exceeds one, the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smaller number of votes.

(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.

Wards of the parish of Boroughbridge

4. The parish of Boroughbridge shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.

Wards of the parish of Killinghall

5. The parish of Killinghall shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.

Wards of the parish of Knaresborough

6.-(1) The existing wards of the parish of Knaresborough shall be abolished.

(2) The parish shall be divided into three parish wards which shall bear the names Knaresborough East, Knaresborough King James and Knaresborough Scriven Park; and 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 parish ward shall be five.

Wards of the city of Ripon

7.-(1) The existing wards of the city of Ripon shall be abolished.

(2) The city shall be divided into three city wards which shall bear the names Ripon Minster, Ripon Moorside and Ripon Spa; and each city ward shall comprise the area of the borough ward bearing the same name.

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

Numbers of parish councillors

8. The number of parish councillors to be elected for the parish of Whixley shall be seven.

Parish Elections

9.-(1) The ordinary elections of parish councillors in 2003 for the parishes listed in Schedule 5 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.

(2) Elections of all parish councillors for the parishes referred to in paragraph (1) shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.

(3) Elections of all parish councillors for the parishes listed in Schedule 6 shall be held simultaneously on the ordinary day of election of councillors in 2002, 2004 and every fourth year after 2004.

(4) The term of office of every councillor elected, in accordance with the provisions of paragraph (3), in 2002, shall be two years; and each such councillor 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.

(5) The councillors elected in accordance with the provisions of paragraph (3) in 2002, shall come into office on the day on which their predecessors retire.

(6) 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 (3) to be held on a date other than that for which that paragraph provides, it shall cease to have effect to that extent.

(7) Rule 8 of the Local Elections (Parishes and Communities) Rules 1986(7) (filling of casual vacancies) shall have effect, in case of a casual vacancy occurring before 10th May 2004 in the office of a parish councillor for the parishes referred to in paragraph (1), as if the reference in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 10th May.

Revocation

10. The Borough of Harrogate (Electoral Arrangements) Order 1979 is hereby revoked.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

22nd September 2000

Article 2

SCHEDULE 1NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)(2)(3)
Name of WardArea of WardNumber of Councillors
Bilton2
Bishop MonktonThe parishes of Bishop Monkton, Burton Leonard, Littlethorpe, Markenfield Hall, Markington with Wallerthwaite and South Stainley with Cayton1
Boroughbridge1
Claro1
Granby2
Harlow Moor2
High Harrogate2
Hookstone2
Killinghall1
Kirkby MalzeardThe parishes of Aldfield, Azerley, Eavestone, Grantley, Kirkby Malzeard, Laverton, Lindrick with Studley Royal and Fountains, North Stainley with Sleningford, Sawley, Skelding, Studley Roger and Winksley1
Knaresborough East2
Knaresborough King James2
Knaresborough Scriven Park2
Lower NidderdaleThe parishes of Birstwith, Bishop Thornton, Clint cum Hamlets, Felliscliffe, Hartwith cum Winsley and Warsill1
Low Harrogate2
Marston MoorThe parishes of Bilton-in-Ainsty with Bickerton, Long Marston, Tockwith, Wighill and Wilstrop1
MashamshireThe parishes of Burton-on-Yore, Colsterdale, Ellingstring, Ellington High and Low, Fearby, Grewelthorpe, Healey, Ilton-cum-Pott, Masham and Swinton with Warthermarske1
NewbyThe parishes of Bridge Hewick, Copt Hewick, Ellenthorpe, Givendale, Humberton, Kirby Hill, Langthorpe, Marton-le-Moor, Milby, Newby with Mulwith, Roecliffe, Sharow, Skelton on Ure, Thornton Bridge and Westwick1
New Park2
Nidd ValleyThe parishes of Bewerley, Dacre, Menwith with Darley, Thornthwaite with Padside and Thruscross1
OuseburnThe parishes of Great Ouseburn, Green Hammerton, Kirby Hall, Little Ouseburn, Moor Monkton, Nun Monkton, Thorpe Underwoods and Whixley1
Pannal2
Pateley BridgeThe parishes of Fountains Earth, High and Low Bishopside, Stonebeck Down and Stonebeck Up1
RibstonThe parishes of Allerton Mauleverer with Hopperton, Cattal, Flaxby, Follifoot, Goldsborough, Great Ribston with Walshford, Hunsingore, Kirk Deighton, Kirk Hammerton, Little Ribston, North Deighton, Plompton and Thornville1
Ripon Minster2
Ripon Moorside2
Ripon Spa2
Rossett2
Saltergate2
Spofforth with Lower WharfedaleThe parishes of Kearby with Netherby, Kirkby Overblow, Sicklinghall, Spofforth with Stockeld and Weeton1
Starbeck2
Stray2
WashburnThe parishes of Askwith, Blubberhouses, Castley, Denton, Farnley, Fewston, Great Timble, Haverah Park, Leathley, Lindley, Little Timble, Middleton, Nesfield with Langbar, Newall with Clifton, North Rigton, Norwood, Pannal, Stainburn and Weston1
WathvaleThe parishes of Asenby, Baldersby, Cundall with Leckby, Dishforth, Hutton Conyers, Melmerby, Middleton Quernhow, Norton Conyers, Norton-le-Clay, Rainton with Newby and Wath1
Woodfield2

Article 3(4)

SCHEDULE 2ORDER OF RETIREMENT OF COUNCILLORS

(1)(2)(3)(4)
Name of WardNumber of councillors to retire in 2003Number of councillors to retire in 2004Number of councillors to retire in 2006
Bilton11
Bishop Monkton1
Boroughbridge1
Claro1
Granby11
Harlow Moor11
High Harrogate11
Hookstone11
Killinghall1
Kirkby Malzeard1
Knaresborough East11
Knaresborough King James11
Knaresborough Scriven Park11
Lower Nidderdale1
Low Harrogate11
Marston Moor1
Mashamshire1
Newby1
New Park11
Nidd Valley1
Ouseburn1
Pannal11
Pateley Bridge1
Ribston1
Ripon Minster11
Ripon Moorside11
Ripon Spa11
Rossett11
Saltergate11
Spofforth with Lower Wharfedale1
Starbeck11
Stray11
Washburn1
Wathvale1
Woodfield11

Article 4

SCHEDULE 3WARDS OF THE PARISH OF BOROUGHBRIDGENAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)(2)(3)
Name of WardArea of WardNumber of Councillors
BoroughbridgeThe borough ward of Boroughbridge10
MinskipSo much of the borough ward of Claro as comprises the parish of Boroughbridge1

Article 5

SCHEDULE 4WARDS OF THE PARISH OF KILLINGHALLNAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)(2)(3)
Name of WardArea of WardNumber of Councillors
KillinghallSo much of the borough ward of Killinghall as comprises the parish of Killinghall6
Killinghall MoorSo much of the borough ward of Saltergate as comprises the parish of Killinghall4

Article 9(1)

SCHEDULE 5PARISHES IN WHICH ELECTIONS ARE TO BE HELD IN 2004

Aldfield

Askwith

Bewerley

Blubberhouses

Boroughbridge

Bridge Hewick

Burton-on-Yore

Castley

Colsterdale

Copt Hewick

Dacre

Denton

Dunsforth

Ellingstring

Ellington High and Low

Farnley

Fearby

Fewston

Fountains Earth

Givendale

Great Ouseburn

Great Timble

Green Hammerton

Grewelthorpe

Healey

High and Low Bishopside

Hutton Conyers

Ilton-cum-Pott

Kirby Hall

Leathley

Lindley

Lindrick with Studley Royal and Fountains

Little Ouseburn

Little Timble

Littlethorpe

Marton cum Grafton

Marton-le-Moor

Masham

Menwith with Darley

Middleton

Nesfield with Langbar

Newall with Clifton

North Stainley with Slenningford

Norwood

Nun Monkton

Sharow

Stainburn

Stonebeck Down

Stonebeck Up

Studley Roger

Swinton with Warthermarske

Thornthwaite with Padside

Thorpe Underwoods

Thruscross

Weston

Whixley

Article 9(3)

SCHEDULE 6PARISHES IN WHICH ELECTIONS ARE TO BE HELD IN 2002

Asenby

Azerley

Baldersby

Bilton-in-Ainsty with Bickerton

Bishop Monkton

Bishop Thornton

Burton Leonard

Copgrove

Cundall with Leckby

Dishforth

Eavestone

Ellenthorpe

Follifoot

Grantley

Humberton

Kirby Hill

Kirk Deighton

Kirkby Malzeard

Langthorpe

Laverton

Little Ribston

Long Marston

Markenfield Hall

Markington with Wallerthwaite

Melmerby

Middleton Quernhow

Milby

Newby with Mulwith

Nidd

North Deighton

Norton Conyers

Norton-le-Clay

Rainton with Newby

Ripley

Roecliffe

Sawley

Skelding

Skelton on Ure

South Stainley with Cayton

Spofforth with Stockeld

Staveley

Thornton Bridge

Tockwith

Warsill

Wath

Westwick

Wighill

Winksley

Explanatory Note

(This note is not part of the Order)

This Order gives effect, subject to the modification noted below, to recommendations by the Local Government Commission for England for electoral changes in the borough of Harrogate. The changes have effect in relation to local government elections to be held on and after 2nd May 2002.

The Secretary of State has decided that the parish ward for which the Commission proposed the name "Knaresborough Nidd" shall bear the name "Knaresborough King James".

Article 2 abolishes the existing wards of the borough and provides for the creation of 35 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.

Articles 4 to 8 make electoral changes in the parishes of Boroughbridge, Killinghall, Knaresborough and Whixley and the city of Ripon.

Article 9 provides for elections of parish councillors.

Article 10 revokes the Borough of Harrogate (Electoral Arrangements) Order 1979.

The areas of the new borough wards are demarcated on the map described in article 1(5). Prints of the map may be inspected at all reasonable times at the offices of Harrogate Borough Council and at the offices of the Secretary of State for the Environment, Transport and the Regions, 2nd Floor, Ashdown House, 123 Victoria Street, London SW1E 6DE.

(2)

The non-metropolitan district of Harrogate has the status of a borough.

(3)

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

(4)

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

(5)

See the Borough of Harrogate (Electoral Arrangements) Order 1979 (S.I. 1979/1327).

(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).

(7)

S.I. 1986/2215, to which there are amendments not relevant to this Order.


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