OpenLegislation

The Barnsley and Sheffield (Boundary Change) Order 2024

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2024, ISBN 9780348263992

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 240(6) of the Local Government and Public Involvement in Health Act 2007, for approval by resolution of each House of Parliament.

Local Government, England

Made ***

Coming into force in accordance with article 1(2) and (3)

The Secretary of State for Housing, Communities and Local Government makes this Order, in the exercise of the powers conferred by sections 10, 11, 12, 13 and 15 of the Local Government and Public Involvement in Health Act 2007f1.

This Order implements, without modification, a recommendation by the Local Government Boundary Commission for England, submitted to the Secretary of State for Housing, Communities and Local Government under section 8(2) and (6A) of the Local Government and Public Involvement in Health Act 2007f2, that there should be a change to the boundary between the boroughf3 of Barnsley and the city of Sheffield.

A draft of this Order was laid before and approved by a resolution of each House of Parliament in accordance with section 240(6) of the Local Government and Public Involvement in Health Act 2007.

Annotations to the whole text

Footnotes

f1

2007 c. 28. Section 10(1), (2), (4) and (5) was amended by paragraph 18 of Schedule 4 to the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”) (c. 20). Section 10(2A) to (2D) was inserted by section 65(4) of the 2009 Act. Section 11(3)(i) was inserted by section 65(5)(a) of the 2009 Act. Section 11(4)(d) was repealed by section 65(5) of, and by Part 3 of Schedule 7 to the 2009 Act. Section 12(1) was amended by section 65(6) of the 2009 Act. Section 12(5) was amended by paragraph 19 of Schedule 4 to the 2009 Act. Section 12(6) was repealed by Part 3 of Schedule 7 to the 2009 Act. There are amendments to section 15 but none are relevant to this instrument.

f2

Section 8(2) was amended by paragraph 16(3) of Schedule 4 to the 2009 Act. Section 6A was inserted by section 65(2) of the 2009 Act.

f3

The metropolitan district of Barnsley has the status of a borough.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Transfers between the borough of Barnsley and the city of Sheffield
  4. 4Town and county planning
  5. 5Continuity of matters
  6. 6Transfer of property, rights and liabilities
  7. 7Councillors
  8. 8Electoral registers
  9. 9Preparatory functions
  10. Signature
  11. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the Barnsley and Sheffield (Boundary Change) Order 2024.

(2)

This Order comes into force for the purposes of articles 8 and 9 on the day after the day on which it is made.

(3)

For all other purposes, this Order comes into force on 1st April 2025.

2Interpretation

In this Order—

  • “map” means the map prepared by the Ministry of Housing, Communities and Local Government, marked “Map of the Barnsley and Sheffield Boundary Change 2025” and deposited in the offices of the Secretary of State for Housing, Communities and Local Government and the offices of the transferor authority and transferee authority;

  • “transfer date” means 1st April 2025;

  • “transferee authority” means Sheffield City Council;

  • “transferor authority” means Barnsley Metropolitan Borough Council;

  • “transferred area” means the area hatched red on the map; and

  • “ward” means a ward of the borough, or city, or parish from or to which the transferred area is transferred by this Order.

3Transfers between the borough of Barnsley and the city of Sheffield

The transferred area is transferred from—

(a)

the borough of Barnsley to the city of Sheffield;

(b)

the Penistone East ward to the Stocksbridge and Upper Don ward; and

(c)

Wortley parish to the Wharncliffe Side ward of Bradfield parish.

4Town and county planning

(1)

In this article “provision” means a provision of a development plan (as defined in section 38 of the Planning and Compulsory Purchase Act 2004)f1.

(2)

Any provision applying to the transferred area immediately before the transfer date continues to apply to that area, notwithstanding the transfer under article 3.

5Continuity of matters

(1)

Anything which, immediately before the transfer date, is in the process of being done by or in relation to the transferor authority in the exercise of or in connection with any of its functions in relation to the transferred area may be continued by or in relation to the transferee authority.

(2)

Anything done by or in relation to the transferor authority in the exercise of or in connection with any functions in relation to the transferred area, so far as is required for continuing its effect on and after the transfer date, shall have effect as if done by or in relation to the transferee authority.

(3)

Paragraph (2) applies in particular to—

(a)

any decision, determination, declaration, designation, agreement or instrument made by the transferor authority;

(b)

any regulations, orders or byelaws made by the transferor authority;

(c)

any licence, permission, permit, consent, approval, authorisation, exemption, dispensation or relaxation granted by or to the transferor authority;

(d)

any notice, direction or certificate given by or to the transferor authority;

(e)

any application, request, proposal or objection made by or to the transferor authority;

(f)

any condition or requirement imposed by or on the transferor authority;

(g)

any fee paid by or to the transferor authority;

(h)

any appeal allowed by or in favour of or against the transferor authority; or

(i)

any proceedings instituted by or against the transferor authority.

(4)

Any reference in paragraphs (1) to (3) to anything done by or in relation to the transferor authority includes a reference to anything which by virtue of any enactment is treated as having been done by or in relation to the transferor authority.

(5)

So far as is required for giving effect to the provisions of this article, any reference in any document to the transferor authority is to be construed as a reference to the transferee authority.

(6)

This article also applies to anything done or in the process of being done by or in relation to Wortley Parish Council as if references in this article to “transferor authority” and “transferee authority” were references to Wortley Parish Council and Bradfield Parish Council respectively.

6Transfer of property, rights and liabilities

(1)

Subject to paragraph (3), all property, rights and liabilities of the transferor authority in respect of the transferred area vest in, and transfer to, the transferee authority on the transfer date.

(2)

For the purposes of this article, property, rights and liabilities of the transferor authority are to be treated as property, rights and liabilities in respect of the transferred area if—

(a)

in the case of land, it is situated in, or held exclusively for the purposes of, or in connection with, the exercise of functions in, or in relation to, the transferred area;

(b)

in the case of rights or liabilities, they are rights or liabilities acquired, accrued or incurred exclusively in respect of the transferred area.

(3)

Paragraphs (4) and (5) apply to—

(a)

any property held by the transferor authority, as sole trustee, exclusively for charitable purposes (“charitable property”);

(b)

any rights or liabilities of the transferor authority in respect of charitable property.

(4)

Where charitable property is held by the transferor authority for the benefit of—

(a)

a specified area, the whole or greater part of which is situated within the transferred area;

(b)

the inhabitants of that specified area; or

(c)

any particular class or body of persons in that specified area,

that charitable property and any rights or liabilities of the transferor authority in respect of that charitable property vest (on the same trusts) in, and transfer to, the transferee authority on the transfer date.

(5)

Charitable property which is not vested in the transferee authority in accordance with paragraph (4), and any rights or liabilities of the transferor authority in respect of that charitable property, shall continue to be held by or, as the case may be, continue to be rights or liabilities of the transferor authority.

(6)

In this article, “trusts” has the same meaning as in the Charities Act 2011f1.

(7)

This article also applies to all property, rights and liabilities of the Wortley Parish Council in respect of the transferred area as if references in this article to “transferor authority” and “transferee authority” were references to Wortley Parish Council and Bradfield Parish Council respectively.

7Councillors

(1)

Any person in office immediately before the transfer date as a councillor for—

(a)

the Penistone East ward; or

(b)

the Wortley parish,

continues to represent that ward or parish, but ceases to represent the transferred area.

(2)

Any person in office immediately before the transfer date as a councillor for—

(a)

the Stocksbridge and Upper Don ward; or

(b)

the Wharncliffe Side ward of Bradfield parish,

continues to represent that ward or parish ward, including the transferred area.

8Electoral registers

(1)

The registration officer for the transferor authority and the transferee authority must make such rearrangement or adaptation of the register of local government electors as may be necessary for the purposes of, or in consequence of, this Order.

(2)

In this article “registration officer” means an officer appointed for the purpose of, and in accordance with, section 8 of the Representation of the People Act 1983f1.

9Preparatory functions

(1)

The transferor authority and the transferee authority must—

(a)

take, whether alone or together, such steps as may be necessary to prepare for the transfer of property, rights and liabilities under article 6 and the continuation of matters under article 5;

(b)

consult and co-operate with each other to secure the economic, effective, efficient and timely transfer of that property, transfer of those rights and liabilities, and continuation of those matters; and

(c)

generally, exercise their functions so as to further the purposes of this Order.

(2)

This article shall apply, in particular, in relation to any functions under Chapters 1 to 4ZA and 6 of Part 1 of the Local Government Finance Act 1992f1 in respect of the transferred area.

(3)

This article also applies to Wortley Parish Council and Bradfield Parish Council as if references in this article to “transferor authority” and “transferee authority” were references to Wortley Parish Council and Bradfield Parish Council respectively.

Signature

Signed by authority of the Secretary of State for Housing, Communities and Local Government.

Name

Minister of State

Ministry of Housing, Communities and Local Government

Date

Explanatory note

(This note is not part of the Order)

This Order gives effect to a recommendation by the Local Government Boundary Commission for England for the making of a change to the boundary between the borough of Barnsley and the city of Sheffield in the county of South Yorkshire.

Consequential changes are made by the Order to the corresponding parish boundary, parish ward boundary, and ward boundary to make them coterminous with the revised district boundary. The parish boundary and parish ward boundary have been altered using the Secretary of State for Housing, Communities and Local Government’s power to make such changes at the same time as the recommendation of the Local Government Boundary Commission for England to change the district boundary is implemented.

The Order, with the exception of articles 8 and 9, is to commence on 1st April 2025. Articles 8 and 9 commence on the day after the day on which the Order is made. This is to allow the Barnsley Metropolitan Borough Council and the Sheffield City Council to take the appropriate preparatory actions to prepare for the boundary change prior to the transfer date of 1st April 2025.

The map at the end of this note sets out the areas affected, and the changes made by this Order.

Prints of the colour map described in article 2 may be inspected at all reasonable times at the offices of either Barnsley Metropolitan Borough Council located at Town Hall, Church Street, Barnsley, S70 2TA or Sheffield City Council located at Town Hall, Pinstone Street, Sheffield, S1 2HH, and also at the offices of the Secretary of State for Housing, Communities and Local Government located at Fry Building, 2 Marsham Street, London, SW1P 4DF.

Specific provisions in the Order deal with town and county planning matters; continuity of matters; transfer of property, rights and liabilities; arrangements with regard to councillors; adaptation of the electoral register; and preparatory functions.

An impact assessment has not been prepared for this Order as no impact on the private or voluntary sectors is foreseen. The impact on the public sector is minimal.