The District of Penwith (Electoral Changes) Order 2002

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2002 No. 2593
LOCAL GOVERNMENT, ENGLAND
The District of Penwith (Electoral Changes) Order 2002

	Made	12th October 2002
	Coming into force in accordance with article 1(2)

Whereas the Boundary Committee for England[1], acting pursuant to section 15(4) of the Local Government Act 1992[2], has submitted to the Electoral Commission[3] a report dated June 2002 on its review of the district of Penwith together with its recommendations:

     And whereas a period of not less than six weeks has expired since the receipt of those recommendations:

     And whereas the Electoral Commission have decided to give effect, with modifications, to those recommendations:

     Now, therefore, the Electoral Commission, in exercise of the powers conferred on them by sections 17[4] and 26[5] of the Local Government Act 1992, and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement
     1. - (1) This Order may be cited as the District of Penwith (Electoral Changes) Order 2002.

    (2) This Order shall come into force -

Interpretation
2. In this Order -

"district" means the district of Penwith;

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

any reference to the map is a reference to the map marked "Map referred to in the District of Penwith (Electoral Changes) Order 2002", of which prints are available for inspection at -

(a) the principal office of the Electoral Commission; and

(b) the offices of Penwith District Council; and

any reference to a numbered sheet is a reference to the sheet of the map which bears that number.

Wards of the district of Penwith
     3. - (1) The existing wards[6] of the district of Penwith shall be abolished.

    (2) The district shall be divided into eighteen 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 Penwith
     4. - (1) Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2004[7][8].

    (2) The councillors holding office for any ward of the district immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards 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 2004 for any ward of the district is two or more -

SCHEDULE 1article 3

NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of Ward	Area of Ward	Number of councillors
Goldsithney		1
Gulval and Heamoor		2
Gwinear; Gwithian and Hayle East		2
Hayle North		2
Hayle South		2
Lelant and Carbis Bay		2
Ludgvan and Towednack	The parishes of Ludgvan and Towednack	2
Madron and Zennor	The parishes of Madron and Zennor	1
Marazion and Perranuthnoe		1
Morvah, Pendeen and St Just	The parishes of Morvah and St Just	3
Penzance South		3
Penzance Central		2
Penzance East		3
Penzance Promenade		2
St Buryan	The parishes of Paul, St Buryan, St Levan, Sancreed and Sennen	2
St Erth and St Hilary	The parishes of St Erth and St Hilary	1
St Ives North		2
St Ives South		2

SCHEDULE 2article 4(3)

ORDER OF RETIREMENT OF COUNCILLORS

(1)	(2)	(3)	(4)
Name of Ward	Number of councillors to retire in 2006	Number of councillors to retire in 2007	Number of councillors to retire in 2008
Goldsithney	0	1	0
Gulval and Heamoor	1	0	1
Gwinear, Gwithian and Hayle East	1	0	1
Hayle North	0	1	1
Hayle South	1	0	1
Lelant and Carbis Bay	1	1	0
Ludgvan and Towednack	1	0	1
Madron and Zennor	0	1	0
Marazion and Perranuthnoe	0	1	0
Morvah, Pendeen and St Just	1	1	1
Penzance South	1	1	1
Penzance Central	1	0	1
Penzance East	1	1	1
Penzance Promenade	1	0	1
St Buryan	0	1	1
St Erth andSt Hilary	0	1	0
St Ives North	1	1	0
St Ives South	0	1	1

SCHEDULE 3article 5

WARDS OF THE PARISH OF HAYLE

NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of Ward	Area of Ward	Number of councillors
East	So much of the district ward of Gwinear-Gwithian and Hayle East as comprises part of the parish of Hayle	2
North	The district ward of Hayle North	7
South	The district ward of Hayle South	6

SCHEDULE 4article 7

WARDS OF THE PARISH OF PERRANUTHNOE

NAMES AND AREAS OF WARDS AND NUMBERS OF COUNCILLORS

(1)	(2)	(3)
Name of Ward	Area of Ward	Number of councillors
Goldsithney	The district ward of Goldsithney	7
Perranuthnoe	So much of the district ward of Marazion and Perranuthnoe as comprises part of the parish of Perranuthnoe	3

EXPLANATORY NOTE

(This note is not part of the Order)

This Order gives effect, with modifications, to recommendations by the Boundary Committee for England, a committee of the Electoral Commission, for electoral changes in the district of Penwith.

The modifications relate to the boundary between the parish wards of Gulval and Heamoor of Penzance parish; the boundary between the district wards of Gwinear-Gwithian and Hayle East and Hayle North; the boundary between the district wards of Penzance East and Penzance Promenade; the boundary between the district wards of Penzance Promenade and Penzance South; the electoral arrangements in the district wards of Goldsithney, and St Erth and St Hilary; and the naming of the district wards of Ludgvan and Towednack, and Penzance South.

The changes have effect in relation to local government elections to be held on and after 6th May 2004.

Article 3 abolishes the existing wards of the district and provides for the creation of 18 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 4 makes provision for a whole council election in 2004 and for reversion to the established system of elections by thirds in subsequent years. Schedule 2 provides for the order of retirement of councillors.

Articles 5 to 8 make electoral changes in the parishes of Hayle, Penzance, Perranuthnoe, and St Ives.

Article 9 provides for elections of certain parish councils in the district.

Article 11 obliges the Electoral Registration Officer to make any necessary amendments to the electoral register to reflect the new electoral arrangements.

Article 12 revokes the District of Penwith (Electoral Arrangements) Order 1978 (S.I. 1978/1505), with the exception of articles 8 and 9(8).

The areas of the new parish wards are demarcated on the map described in article 2. Prints of the map may be inspected at all reasonable times at the offices of Penwith District Council and at the principal office of the Electoral Commission at Trevelyan House, Great Peter Street, London SW1P 2HW.

Notes:

[1] The Boundary Committee for England is a committee of the Electoral Commission, established by the Electoral Commission in accordance with section 14 of the Political Parties, Elections and Referendums Act 2000 (c. 41). The Local Government Commission for England (Transfer of Functions) Order 2001 (S.I. 2001/3962) transferred to the Electoral Commission the functions of the Local Government Commission for England.back

[2] 1992 c. 19. This section has been amended by S.I. 2001/3962.back

[3] The Electoral Commission was established by the Political Parties, Elections and Referendums Act 2000 (c. 41). The functions of the Secretary of State, under sections 13 to 15 and 17 of the Local Government Act 1992, to the extent that they relate to electoral arrangements within the meaning of that Act, were transferred with modifications to the Electoral Commission on 1 April 2002 (S.I. 2001/3962).back

[4] This section has been amended by S.I. 2001/3962. There are amendments to this section made otherwise than by S.I. 2001/3962 that are not relevant to this Order.back

[5] This section has been amended by S.I. 2001/3962.back

[6] See the District of Penwith (Electoral Arrangements) Order 1978 (S.I. 1978/1505).back

[7] Article 4 provides for a single election of all the councillors and for reversion to the system of elections by thirds, as established by articles 8 and 9 of The District of Penwith (Electoral Arrangements) Order 1978 (S.I. 1978/1505).back

[8] 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

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

[10] As to electoral registration officers and the register of local government electors, see sections 8 to 13 of the Representation of the People Act 1983 (c. 2).back

[11] S.I. 1978/1505.back

ISBN 0 11 042868 4

Prepared 21 October 2002

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