The Pendle (Electoral Changes) Order 2020

Draft Order laid before Parliament under section 59(9) of the Local Democracy, Economic Development and Construction Act 2009; draft to lie for forty days pursuant to section 6(1) of the Statutory Instruments Act 1946, during which period either House of Parliament may resolve that the Order be not made.

Draft Statutory Instruments

2020 No. 0000

Local Government, England

The Pendle (Electoral Changes) Order 2020

Made

Coming into force in accordance with article 1(2) and (3)

Under section 58(4) of the Local Democracy, Economic Development and Construction Act 2009(1) (“the Act”) the Local Government Boundary Commission for England(2) (“the Commission”) published a report dated December 2019 stating its recommendations for changes to the electoral arrangements for the borough of Pendle. The Commission has decided to give effect to the recommendations.

A draft of the instrument has been laid before Parliament and a period of forty days has expired since the day on which it was laid and neither House has resolved that the instrument be not made.

The Commission makes the following Order in exercise of the power conferred by section 59(1) of the Act.

Citation and commencement

1.—(1) This Order may be cited as the Pendle (Electoral Changes) Order 2020.

(2) This article and article 2 come into force on the day after the day on which this Order is made.

(3) Articles 3, 4 and 5 come into force—

(a)for the purpose of proceedings preliminary or relating to the election of councillors, on the day after the day on which this Order is made;

(b)for all other purposes, on the ordinary day of election of councillors in England(3) in 2020.

Interpretation

2.—(1) In this Order, “the map” means the map marked “Map referred to in the Pendle (Electoral Changes) Order 2020”, held by the Local Government Boundary Commission for England(4).

(2) 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.

Wards of the borough of Pendle and number of councillors

3.—(1) The existing wards of the borough of Pendle are abolished.

(2) The borough of Pendle is divided into the 12 wards listed in the first column of the table in Schedule 1.

(3) Each ward comprises the area identified 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 the second column of the table in Schedule 1.

Elections of the borough of Pendle

4.—(1) Elections of all councillors for each ward of the borough of Pendle are to be held simultaneously on the ordinary day of election of councillors in 2020.

(2) The councillors holding office for any ward abolished by article 3(1) immediately before the fourth day after the ordinary day of election of councillors in 2020 are to retire on that fourth day, and the newly elected councillors are to come into office on that fourth day.

(3) Of the councillors elected for a ward in 2020 each is to retire in accordance with the provision made in the table in Schedule 2.

(4) Of the councillors elected in 2020—

(a)the first to retire is to be the councillor elected by the smallest number of votes; and

(b)the second to retire is 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) An election to replace a councillor who is to retire under paragraph (3) is to be held on the ordinary day of election of councillors in the year in which the retirement is due to take place, and any newly elected councillor is to come into office on the fourth day after that day.

(8) 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.

Wards of the parishes of Barnoldswick, Colne and Nelson

5.—(1) The existing wards of the parishes of Barnoldswick, Colne and Nelson are abolished.

(2) The parish of Barnoldswick is divided into the three parish wards listed in the first column of table 1 in Schedule 3.

(3) The parish of Colne is divided into the five parish wards listed in the first column of table 2 in Schedule 3.

(4) The parish of Nelson is divided into the seven parish wards listed in the first column of table 3 in Schedule 3.

(5) Each parish ward comprises the area identified on the map by reference to the name of the parish ward.

(6) The number of councillors to be elected for each parish ward is the number specified in relation to that ward in the second column of the relevant table in Schedule 3.

Sealed with the seal of the Local Government Boundary Commission for England

Name

Chief Executive

Local Government Boundary Commission for England

Date

Article 3

SCHEDULE 1Names of wards and number of councillors

(1)

Name of borough ward

(2)

Number of councillors

Barnoldswick3
Barrowford & Pendleside3
Boulsworth & Foulridge3
Bradley3
Brierfield East & Clover Hill3
Brierfield West & Reedley2
Earby & Coates3
Fence & Higham1
Marsden & Southfield3
Vivary Bridge3
Waterside & Horsfield3
Whitefield & Walverden3

Article 4

SCHEDULE 2Retirement of councillors elected in 2020

(1) Name of borough ward(2) Number of councillors to retire in 2022(3) Number of councillors to retire in 2023(4) Number of councillors to retire in 2024
Barnoldswick111
Barrowford & Pendleside111
Boulsworth & Foulridge111
Bradley111
Brierfield East & Clover Hill111
Brierfield West & Reedley011
Earby & Coates111
Fence & Higham001
Marsden & Southfield111
Vivary Bridge111
Waterside & Horsfield111
Whitefield & Walverden111

Article 5

SCHEDULE 3Names of parish wards and number of councillors

Table 1

Wards of the parish of Barnoldswick

(1)

Name of parish ward

(2)

Number of councillors

Barnoldswick North4
Barnoldswick South7
Coates3

Table 2

Wards of the parish of Colne

(1)

Name of parish ward

(2)

Number of councillors

Central2
Lidgett2
Vivary Bridge7
Waterside East2
Waterside West4

Table 3

Wards of the parish of Nelson

(1)

Name of parish ward

(2)

Number of councillors

Bradley6
Clover Hill2
Marsden East1
Marsden West1
Southfield6
Walverden5
Whitefield3

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes changes to electoral arrangements for the borough of Pendle following recommendations made by the Local Government Boundary Commission for England. The area of the borough of Pendle remains unchanged.

Article 3 abolishes the existing electoral wards of the borough of Pendle and replaces them with 12 new ones for the purpose of elections held on or after the ordinary day of election of councillors in England in 2020. It establishes the names and areas of the new electoral wards and the number of councillors for each.

Article 4 makes provision for a whole borough council election in 2020. Subsequently, the council will revert to the existing system of election by thirds. That article also provides for the order of retirement of councillors in 2022, 2023 and 2024 and the election of their replacements.

Article 5 makes changes to parish wards which are consequential on the changes made by article 3. The changes to parish wards introduced by article 5 come into force for the purpose of parish elections in 2023.

The area covered by each ward created by this Order is identified on a map which is available for inspection at reasonable times at the offices of the Local Government Boundary Commission for England, 1st Floor, Windsor House, 50 Victoria Street, London, SW1H 0TL.

The map may also be accessed at https://www.lgbce.org.uk/all-reviews/north-west/lancashire/pendle.

An impact assessment has not been produced for this instrument as no impact on the private, public or voluntary sectors is foreseen.

(2)

The Local Government Boundary Commission for England was established on 1st April 2010 by section 55(1) of the Local Democracy, Economic Development and Construction Act 2009.

(3)

The ordinary day of election of councillors in England is prescribed by section 37(1) of the Representation of the People Act 1983 (c. 2), as amended by section 18(2) of the Representation of the People Act 1985 (c. 50) and section 6(16) of the Wales Act 2017 (c. 4).

(4)

Prints of the map are available for inspection at reasonable times at the principal office of the Local Government Boundary Commission for England, 1st Floor, Windsor House, 50 Victoria Street, London, SW1H 0TL. It is also accessible online at https://www.lgbce.org.uk/all-reviews/north-west/lancashire/pendle.