PAPER B
Committee: FULL COUNCIL
Date : 22 FEBRUARY 2006
REPORT OF THE ACTING CHIEF EXECUTIVE
___________________________________________________________________
1.
The purpose of this
paper is threefold:
a.
To give effect to the
Orders creating the Parish Councils of “Fishbourne” and “Havenstreet &
Ashey” for the civil Parish areas of the same names to be created by Order of
the Secretary of State.
b.
To amend existing, and
create new, Polling Districts which are necessary to ensure that the electoral
arrangements for the two new Parish Councils can be conducted effectively.
c.
To agree an initial
level of Parish precept to be levied in the areas of the two new Parish
Councils.
2.
None. When the petitions
calling for the creation of these Parish Councils were received, the Isle of
Wight Council undertook an initial period of consultation including the use of
an Official Notice, letters to the neighbouring Parish Councils, and a Public
Meeting.
3.
The petition for the
creation of “Havenstreet & Ashey” Parish Council was passed to the Office of
the Deputy Prime Minister on 1st April 2004, and that for
“Fishbourne” Parish Council on 5th August 2004, following
consideration by the Isle of Wight Council in both cases.
4.
Prior to the creation of
the two new Parish Councils by the Isle of Wight Council, the Secretary of
State will make an Order (The Isle of Wight (Parishes) Order 2006) establishing
two new civil Parish areas and directing the Isle of Wight Council to establish
the two new Parish Councils, and the Electoral Commission will make an Order
(The Isle of Wight (Parish Electoral Arrangements) Order 2006 establishing the
electoral arrangements for the Parish Councils.
6.
An initial period of
consultation was carried out when the two petitions were received and prior to
consideration by the Isle of Wight Council. No further consultation has been
carried out since the petitions were passed to the Office of the Deputy Prime
Minister, other than that relating to the setting of the initial precept.
7.
None.
The costs of running the Parish Councils will be met from the precept levied as
discussed in Appendix C. There is no further financial burden upon the Isle of
Wight Council as the Parish Councils will be self-financing independent bodies.
8.
The
Isle of Wight Council is required under Section 16 of the Local Government and
Rating Act 1997 to create the Parish Councils as directed by the Secretary Of
State.
9.
Section
18 of The Representation of the People Act 1983 requires the Isle of Wight
Council to ensure that the allocation of polling districts meets both the needs
of electors and fulfils the requirement to define the electoral boundaries of
Parish Councils.
10.
Section
3 of The Local Government Finance (New Parishes) Regulations 1998 states that
the billing authority (the Isle of Wight Council) must calculate the precept in
accordance with Section 32 of the Local Government Finance Act 1992.
11.
None.
The Isle of Wight Council is required by Order and statute to carry out the
items detailed in paragraph 1, above.
12.
There
are no risks associated with this process, other than failure on the part of
the Isle of Wight Council to fulfil any or all of its statutory obligations
with respect to the two new Parish Councils.
13.
It
is desirable that the first elections to these two new Parish Councils are held
on Thursday 4th May 2006, which will coincide with elections to
local authorities in some other parts of England. Due to the timescales
involved in the creation of the Orders by the ODPM and the Electoral Commission
the goal of having elections on this date can only be achieved by anticipating
the making of these Orders, and drafting the recommendations in such a way that
they can be resolved by the Isle of Wight Council in advance of the ODPM and
the Electoral Commission Orders being created.
14.
As
a result, the resolutions relating to changes to Polling Districts and the
creation Orders for the new Parish Councils will, once agreed by the Isle of
Wight Council, only become effective on the day after those Orders are made by
the ODPM and the Electoral Commission.
15.
In
the event that the Orders issued by ODPM and the Electoral Commission are not
made prior to the last day for the Publication of Notice of Election for May 4th,
then Section 39 of the Representation of the People Act will allow the ordinary
day of elections for 2006 to be moved to another date of the Councils choice.
16.
Regardless
of the actual date upon which the Parish Councils are created it is necessary
to set an initial precept on the new Parish Council areas in order that those
Councils can function once they come into existence.
RECOMMENDATIONS 17.
Given the statutory
nature of the Isle of Wight Council’s obligations, it is recommended: a.
That the Isle of Wight
Council give effect to the Orders creating the Parish Councils of
“Fishbourne” and “Havenstreet & Ashey” for the civil Parish areas of the
same names to be created by Order of the Secretary of State, as detailed in
Appendix A. This resolution to be effective on the day after the creation
Order for the Parish areas is made by the Secretary of State or the Order
implementing the Electoral Arrangements is made by the Electoral Commission,
whichever is the later. b.
That
the Isle of Wight Council amend and create
Polling Districts which are necessary to ensure that the electoral
arrangements for the two Parish Councils can be effectively conducted, as
detailed in Appendix B. This resolution to be effective on the day after the
creation Order for the Parish areas is made by the Secretary of State or the
Order implementing the Electoral Arrangements is made by the Electoral
Commission, whichever is the later. c.
That the Isle of Wight Council agrees an initial
level of Parish precept to be levied in the areas of the two new Parish
Councils, at a rate of £8000.00 per annum for the financial year 2006 / 2007
as detailed in Appendix C. |
18.
Appendix A – Orders for the creation of
“Fishbourne” and “Havenstreet and Ashey” Parish Councils.
20.
Appendix C – Details of the
calculation of initial precepts for the two new Parish Councils.
Contact Point : Clive
Joynes, Electoral Services Officer (01983) 823341
e-mail:
[email protected]
JOHN LAWSON
Acting Chief Executive