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Agenda Item No. 10

The Vale of Glamorgan Council

 

Council Meeting: 28th September 2016

 

Report of the Electoral Registration Officer

 

Community Review - Lavernock Ward (Sully and Lavernock Community Council)

 

Purpose of the Report

  1. To seek Council's endorsement of the Final Recommendation for Change following the community review of the number of Members for the Lavernock Ward as part of the Sully and Lavernock Community Council; and to authorise the publication of this report and the making of the associated Order six weeks following publication.

Recommendations

  1. T H A T Council endorses the Final Recommendation for Change as set out in Appendix 4 to the report to Cabinet on 25th July, 2016, and consequently the following proposed electoral arrangements relating to the number of Members representing the Lavernock and Sully Wards on the Sully and Lavernock Community Council, in accordance with the Local Government (Democracy) (Wales) Act 2013:

Lavernock Ward - 2 Community Councillors

Sully Ward - 7 Community Councillors.

  1. THAT Council authorises the publication of this report commencing on 29th  September, 2016 for a period of six weeks.
  2. THAT Council approves the Order as set out in the Appendix to this report and authorises the Electoral Registration Officer (following the conclusion of the six week period referred to in recommendation 2 above) to make arrangements for the sealing of the Order on behalf of the Council and witness the same on 11th November, 2016 or soon thereafter.

Reasons for the Recommendations

  1. To inform and seek the views of Council on the final proposals as recommended by the Electoral Registration Officer following a statutory review pursuant to the Local Government (Democracy) (Wales) Act 2013.

2&3 To implement the Final Recommendation for Change (if deemed appropriate).

Background

  1. The Council may under section 31 of the Local Government (Democracy) (Wales) Act 2013 ("the Act") conduct a review of the electoral arrangements for a community in its area either of its own initiative, at the request of the Community Council for the community or at the request of not less than 30 local government electors registered in the community.
  2. A request was received from the Sully and Lavernock Community Council, ("the Community Council") following an Ordinary Meeting of the Community Council, for a review to be undertaken of the number of Members elected to the Lavernock Ward. The request highlighted that the Community Council considered that the ratio of Members to the electorate in the Lavernock Ward were inconsistent with the ratio of Members to the electorate in the Sully Ward, and proposed increasing the number of Members for the Lavernock Ward from one to two.
  1. Consequently, Cabinet received a report at its meeting on 30th November, 2015 when it resolved:

"(1) THAT delegated authority be granted to the Electoral Registration Officer to conduct a review of electoral arrangements relating to the number of Members representing the Lavernock Ward on the Sully and Lavernock Community Council, in accordance with the Local Government (Democracy) (Wales) Act 2013.

(2) THAT the terms of reference of the review and the timetable attached at Appendix 1 to the report be approved."

(Minute No. C2992).

  1. The outcome of the Electoral Registration Officer's review was considered at Cabinet on 25th July, 2016 when the final recommendations were endorsed and referred to Council as follows:

"(1) T H A T the Final Recommendation for Change as set out in Appendix 4 to the report, and consequently the following proposed electoral arrangements relating to the number of Members representing the Lavernock and Sully Wards on the Sully and Lavernock Community Council, in accordance with the Local Government (Democracy) (Wales) Act 2013, be endorsed:

Lavernock Ward - 2 Community Councillors

Sully Ward - 7 Community Councillors

(2) T H A T the matter be reported to Council in September 2016 for consideration and approval."

(Minute No. C3254)

Relevant Options

  1. A comprehensive review of the electoral arrangements for Sully and Lavernock Community Council was carried out between 11th December, 2015 and 17th June, 2016 in line with the approved terms of reference, which were attached at Appendix 1 to the report to Cabinet on 25th July, 2016
  2. The stakeholders detailed in Appendix 2 to the report to Cabinet on 25th July, 2016 were consulted and Appendix 3 to that report detailed a summary of the representations received.
  3. Key statutory provisions relating to a Review include:
  • Investigations are to be conducted as deemed appropriate;
  • Consultation is to be held with the mandatory consultees and such other persons as the Reviewing Council considers appropriate;
  • The Reviewing Council may propose and make changes to the electoral arrangements for the community as are considered appropriate;
  • Reference to the electoral arrangements of a community includes, the number of Members of the Council for the community, its division into Wards, the number and boundaries of any Wards, the number of Members to be elected for any Ward, and the name of any Ward;
  • Where it is decided to specify the number of Community Councillors to be elected for each ward, regard is to be had to any change in the number or distribution of local government electors of the community which is likely to take place within the period of five years immediately following any recommendation; and
  • Account is to be taken of any discrepancy between the number of local government electors and number of persons that are eligible to be local government electors.
  1. Pursuant to sections 35(6) and 36(4)(c) of the Act, a reference to a proposal for change is a reference to any change that the reviewing body may recommend or make (including consequential change) in relation to the type of review being conducted.
  2. The final proposed Recommendation for Change was attached at Appendix 4 to the report to Cabinet on 25th July, 2016 for consideration.
  3. In line with Section 36 of the Act should Council be in agreement with the recommendations contained in this report, the Council must:
  • publish this report electronically and make it available for inspection (without charge) at the Council's offices for at least six weeks beginning with the date of publication;
  • send a copy of the report to the mandatory consultees, Ordnance Survey and the Welsh Ministers; and
  • inform any other person who submitted evidence or made representations in relation to the report published how to obtain a copy of the report.
  1. To implement the Final Recommendation for Change (as detailed in Appendix 4 to the report to Cabinet on 25th July, 2016), an Order (as detailed in the Appendix to this report) will need to be sealed following the expiration of a period of six weeks beginning with the date on which the Council publishes its report. It is proposed that the report is published on 29th September, 2016, and the Order sealed on 11th  November, 2016 or soon thereafter.

Resource Implications (Financial and Employment)

  1. The publishing and administrative costs of the Review will be met from the Electoral Registration Services existing budget.

Sustainability and Climate Change Implications

  1. There are no direct implications arising from this report.

Legal Implications (to Include Human Rights Implications)

  1. As detailed in the body of this report.

Crime and Disorder Implications

  1. There are no direct implications arising from this report.

Equal Opportunities Implications (to include Welsh Language issues)

  1. Having undertaken an Equality Impact Assessment no impact on any protected characteristic groups or individuals have been identified as a result of the proposed Final Recommendation for Change.

Corporate/Service Objectives

  1. Electoral Registration has links to an inclusive and safe Vale well-being outcome.

Policy Framework and Budget

  1. The report is for consideration and approval by Council (if deemed appropriate).

Consultation (including Ward Member Consultation)

  1. Consultation has been undertaken with statutory consultees which includes the relevant Ward Councillors. The representations received were summarised in and appended to Appendix 3 to the report to Cabinet on 25th July, 2016.

Relevant Scrutiny Committee

  1. Corporate Performance and Resources

Background Papers

Cabinet Report dated 30th November, 2015 and minute no. C2992.

Cabinet Report dated 25th July, 2016 and minute no. C3254.

Contact Officer

Rebecca Light (Electoral Services Manager, Legal Services)

Officers Consulted

Rob Thomas (Managing Director)

Responsible Officer:

Debbie Marles (Electoral Registration Officer)