Review of Polling Districts, Polling Places and Polling Stations – Baruc, Buttrills and Castleland Wards
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Agenda Item No The Vale of Glamorgan Council Cabinet Meeting: 22 February, 2016 Report of the Electoral Registration Officer Review of Polling Districts, Polling Places and Polling Stations – Baruc, Buttrills and Castleland Wards Purpose of the Report 1. To note and agree the final proposals for the Polling Districts, Polling Places and Polling Stations for the Baruc, Buttrills, and Castleland Wards following the statutory review agreed by Cabinet on 30 November 2015. Recommendations 1. T H A T Cabinet notes the following proposals for the Baruc and Buttrills Wards: Baruc Ward – No change save for current polling district ACO to be divided with the creation of a new polling district to be known as AC1 for the area hatched on the plan at Appendix A, with a new polling place and station at the Premier Inn (first preference) or the Brewers Fayre (second preference). Buttrills Ward – No change save for current polling district EBO to be divided with the creation of a new polling district to be known as EB1 for the area hatched on the plan at Appendix B, with a new polling place and station at the Premier Inn (first preference) or the Brewers Fayre (second preference). 2. T H A T Cabinet agrees the following proposals for the Castleland Ward: Castleland Ward – No change to the polling districts; and no change to the polling places and stations save for a new polling place and station at the Conference Room, Dock Offices for Polling District FD1. 3. T H A T this report be referred to Council for consideration in respect of recommendation 1. Reasons for the Recommendations 1. To inform Cabinet of the final proposals as recommended by the Electoral Registration following a statutory review. 1 2. To seek approval of the final proposals as recommended by the Electoral Registration Officer following a statutory review. 3. In line with the Representation of the People Act 1983 (as amended) and the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 (as amended). Background 2. The Council has a duty under section 18B of the Representation of the People Act 1983 (as amended) ("the Act") to designate a polling place(s) for each polling district and to keep the polling place(s) under review in accordance with the requirements of sections 18B, 18C and Schedule A1 of the Act. 3. The Council carried out a comprehensive review of all Polling Districts, Polling Places and Polling Stations within its boundaries in December 2014. This was in line with the statutory obligation during the compulsory review period to carry out such a review. In addition to the statutory obligation to undertake a comprehensive review, Section 18B of the Act also imposes a statutory obligation on the Council to keep polling places in its area under review. 4. Since the 2014 review was concluded representations have been made regarding the significant increase in population in three wards. Residential properties along Ffordd y Mileniwm covering three wards, Baruc, Buttrills and Castleland have been built and building works will continue throughout 2016. As a result concerns have been raised regarding the appropriateness of the current arrangements. Relevant Issues and Options 5. In light of the concerns raised, a review relating to the Polling Districts, Polling Places and Polling Stations for the Baruc, Buttrills and Castleland Wards was agreed by Cabinet on 30 November 2015 (minute no. 2991) and was conducted from Monday 11 January 2016 to Friday 29 January 2016. 6. The stakeholders referred to at Appendix 1 were consulted during the review; and Appendix 2 details the representations made which were considered by the Electoral Registration Officer during and following the consultation stages. 7. The following were taken into account when finalising the proposals: consideration given to representations made in connection with the review; all electors in a constituency having such reasonable facilities for voting as are practicable in the circumstances; the relevant polling places being accessible to electors who are disabled; regard to the accessibility to disabled persons of the potential polling stations; that the polling place for a polling district must be an area in the district, unless special circumstances make it desirable to be an area wholly or partly outside the district. The proposal relating to Buttrills Ward is regarded as falling within the special circumstances given the layout of the Waterfront development; the polling place for a polling district must be small enough to indicate to electors in different parts of the district how they will be able to reach the polling station. 8. As part of the review process two new polling districts and two new polling stations and places are proposed. For ease of reference Appendix 3 sets out the current 2 arrangements for each ward, the initial proposals and proposed changes, with Appendix A, B & C highlighting the proposed new polling districts created in the Baruc and Buttrills Ward, and the existing Polling District (FD1) for the Castleland Ward. Resource Implications (Financial and Employment) 9. The publishing and administrative costs of the review will be met from the Electoral Registration Service's existing budgets Sustainability and Climate Change Implications 10. There are no direct implications arising from this report. Legal Implications (to Include Human Rights Implications) 11. Sections 18B, 18C and Schedule A1 of the Act provides statutory authority for the review. 12. Cabinet has authority to approve changes to Polling Places and Stations, whereas a change to a Polling District is a matter for Council (this is pursuant to the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 as (amended) and the Representation of the Peoples Act 1983 (as amended)). Crime and Disorder Implications 13. There are no direct implications arising from this report. Equal Opportunities Implications (to include Welsh Language issues) 14. The Council must comply with the public sector equality duty (section 149 of the Equality Act 2010) when coming to a decision on the proposed review. Section 149 requires the Council to have due regard to the need to: Eliminate discrimination, harassment and victimisation and any other conduct that is prohibited by or under the Equality Act 2010; Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; Foster good relations between persons who share a relevant protected characteristic and persons who do not share it: Equality Act 2010 s149 (1). 15. The relevant protected characteristics are: age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation: section 149(7) of the Equality Act. 16. Section 149(3) of the Equality Act states that having due regard to the need to advance equality of opportunity involves due regard, in particular, to the need to: Remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to the characteristic; Take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it; 3 Encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low; The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled to include, in particular, steps to take account of disabled persons’ disabilities. 17. As part of the initial scoping review a positive impact was identified for people with a disability. A copy of the full equality impact assessment is attached at Appendix 4 which supports the proposal. Corporate/Service Objectives 18. Electoral Registration has links to the following corporate priority: 'Citizens of the Vale of Glamorgan can easily access efficiently managed services that are focused around their needs, have confidence in how decisions are made and are proud to live in the Vale.' Policy Framework and Budget 19. Recommendation 1 is a matter for determination by Council. Recommendation 2 is a matter for Executive decision by Cabinet. Consultation (including Ward Member Consultation) 20. Consultation has been undertaken with the relevant ward Councillors. Relevant Scrutiny Committee 21. Corporate Resources Background Papers Electoral Commission Guidance - Reviews of polling districts, polling places and polling stations Representation of the People Act 1983 Electoral Administration Act 2006 Contact Officer Rebecca Light (Electoral Services Manager, Legal Services) Officers Consulted Rob Thomas (Managing Director) Responsible Officer: Debbie Marles (Electoral Registration Officer) 4 .