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(The document as of February, 2008. Arhiv.Online Library)

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Statutory Instruments

2008 No. 175

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LOCAL GOVERNMENT, ENGLAND

The Hertsmere (Parish Electoral Arrangements) Order 2008

Made

25th January 2008

Coming into force in accordance with article 1(2)

Hertsmere Borough Council, under section 12(1) of the Local Government and Rating Act 1997(2) ("the 1997 Act"), have sent to the Electoral Commission(3) proposals dated August 2006 for electoral arrangements in the proposed parish of South Mimms(4) in the borough(5) of Hertsmere:

The Electoral Commission have decided to give effect to those proposals:

Accordingly, the Electoral Commission, in exercise of the powers conferred by sections 14(6) and 23(7) of the 1997 Act, make the following Order:

Citation and commencement

1. --(1) This Order may be cited as the Hertsmere (Parish Electoral Arrangements) Order 2008.

(2) This Order comes into force--

(a) for the purpose of proceedings preliminary or relating to the election of parish councillors for the parish of South Mimms, to be held on the ordinary day of election of councillors in 2008, on the day after that on which it is made;

(b) for all other purposes, on the ordinary day of election of councillors in 2008.

Interpretation

2.   In this Order--

"ordinary day of election of councillors" has the meaning given by section 37 of the Representation of the People Act 1983(8); and

"registration officer" means an officer appointed for the purpose of, and in accordance with, section 8(9) of the Representation of the People Act 1983.

Election for the parish of South Mimms

3.   The election of all parish councillors for the parish of South Mimms shall be held on the ordinary day of election of councillors in 2008(10).

Number of parish councillors for the parish of South Mimms

4.   The number of councillors to be elected for the parish of South Mimms shall be five.

Electoral register

5.   The registration officer for the borough of Hertsmere shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.

Sealed with the seal of the Electoral Commission on the 25th day of January 2008

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Bob Posner

Legal Counsel to the Commission

25th January 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order gives effect to proposals sent to the Electoral Commission for electoral arrangements for the new parish of South Mimms, created from an unparished area within the borough of Hertsmere by the Hertsmere (Parish) Order 2008.

The new electoral arrangements apply in respect of parish elections to be held on and after the ordinary day of election of councillors in 2008.

Article 3 provides for the parish election in the new parish of South Mimms in 2008, and then to continue according to the established system of parish elections every four years.

Article 4 establishes the number of parish councillors for the new parish.

Article 5 obliges the Electoral Registration Officer to make any necessary amendments to the electoral register to reflect the new electoral arrangements.

( 1 )

This section has been amended by the Local Government Commission for England (Transfer of Functions) Order 2001 (S.I. 2001/3962). Back [1]

( 2 )

1997 c.29. Back [2]

( 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, 14 and 17(4) of the 1997 Act (c.29), to the extent that they relate to electoral arrangements within the meaning of that Act, were transferred with modifications to the Electoral Commission on 1st April 2002 (S.I. 2001/3962). Back [3]

( 4 )

The parish of South Mimms was created by the Hertsmere (Parish) Order 2008 (S.I. 2008/43). Back [4]

( 5 )

The non-metropolitan district of Hertsmere has the status of a borough. Back [5]

( 6 )

This section has been amended by S.I. 2001/3962 and also otherwise in ways not relevant to this Order. Back [6]

( 7 )

This section has been amended by S.I. 2001/3962. Back [7]

( 8 )

1983 c.2, section 37 has been amended by section 18(2) of the Representation of the People Act 1985 (c.50), section 17 of the Greater London Authority Act l999 (c.29) and section 60 of the Local Government and Public Involvement in Health Act 2007 (c.28). Back [8]

( 9 )

Section 8 has been amended by the Local Government (Wales) Act 1994 (c.19) and the Local Government etc. (Scotland) Act 1994 (c.39). Back [9]

( 10 )

Article 3 provides for the parish election in the new parish of South Mimms in 2008. Section 16(3) of the Local Government Act 1972 (c.70) provides for parish elections to take place every four years. Back [10]

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