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The Pembrokeshire (Communities) Order 2011

W.S.I. 2011/683 · Made 7 March 2011

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LOCAL GOVERNMENT, WALES

Made 7 March 2011

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

The Local Government Boundary Commission for Wales has, in accordance with sections 54(1) and 58(1) of the Local GovernmentAct 1972f1, submitted to the Welsh Ministers a report dated April 2010 on its review of, and proposals for, communities within the County of Pembrokeshire.

The Welsh Ministers have decided to give effect to those proposals with modifications.

More than six weeks have elapsed since those proposals were submitted to the Welsh Ministers.

The Welsh Ministers make the following Order in exercise of the powers conferred on the Secretary of State by sections 58(2) and 67(5) of the Local Government Act 1972 and now vested in themf2.

Annotations to the whole text

Footnotes

f1

1972 c. 70.

f2

The powers of the Secretary of State were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and are now vested in theWelsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

Contents

  1. 1Title and commencement
  2. 2Interpretation
  3. 3Local government area changes
  4. 4Scleddau and Trecwn — amalgamation of existing communities to create a new community and consequential changes to electoral arrangements
  5. 5Castlemartin and Stackpole — amalgamation of existing communities to create a new community and consequential changes to electoral arrangements
  6. 6Uzmaston and Boulston and Slebech — amalgamation of existing communities to create a new community and consequential changes to electoral arrangements
  7. 7Haverfordwest and Rudbaxton — change in the community areas and consequential changes to electoral arrangements
  8. 8Cilgerran and Eglwyswrw — change in the community areas and consequential changes to electoral arrangements
  9. 9Puncheston and Cwm Gwaun and Eglwyswrw — change in community areas and consequential changes to electoral arrangements
  10. 10Freystrop and Llangwm — change in community areas
  11. 11Freystrop and Rosemarket — change in community areas and consequential changes to electoral arrangements
  12. 12Freystrop and Hook — change in community areas
  13. 13Burton and Rosemarket — change in community areas
  14. 14Angle and Hundleton — change in community areas
  15. 15Llanrhian and Mathry — change in community areas
  16. 16Camrose and Haverfordwest — change in community areas and consequential changes to electoral arrangements
  17. 17Camrose and Nolton and Roch — change in community areas
  18. 18Johnston and Tiers Cross — change in community areas
  19. 19Amroth and Kilgetty/Begelly — change in community areas and consequential changes to electoral arrangements
  20. 20East Williamston and Kilgetty/Begelly — change in community areas and consequential changes to electoral arrangements
  21. 21Initial expenses etc of new community councils
  22. 22New community councils
  23. 23New community councils — residuary successors
  24. Signature
  25. Schedule Schedule
  26. Explanatory note

1Title and commencement

(1)

The title of this Order is The Pembrokeshire (Communities) Order 2011.

(2)

Articles 4, 5 and 6 of this Order come into force—

(a)

for the purpose of proceedings preliminary or relating to the election of councillors, on 15 October 2011;

(b)

for all other purposes, on the ordinary day of election of councillors in 2012.

(3)

For all other purposes, this Order comes into force on 1 April 2011, which is the appointed day for the purposes of the Regulations.

2Interpretation

In this Order—

  • “existing” (“presennol”), in relation to a local government or electoral area, means that area as it exists immediately before the appointed day;

  • “Map A” (“Map A”), “Map B” (“Map B”), “Map C” (“Map C”), “Map D” (“Map D”), “Map E” (“Map E”), “Map F” (“Map F”), “Map G” (“Map G”), “Map H” (“Map H”), “Map I” (“Map I”), “Map J” (“Map J”), “Map K” (“Map K”), “Map L” (“Map L”), “Map M” (“Map M”), “Map N” (“Map N”), “Map O” (“Map O”), “Map P” (“Map P”), “Map Q” (“Map Q”) and “Map R” (“Map R”) mean respectively the maps marked A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q and R of the Pembrokeshire (Communities) Order 2011 and deposited in accordance with regulation 5 of the Regulations;

  • “new” (“newydd”), in relation to a local government or electoral area, means that area as established by this Order;

  • “the Regulations” (“y Rheoliadau”) means the Local Government Area Changes Regulations 1976f1;

  • any reference to an electoral division is a reference to an electoral division of the County of Pembrokeshire; and

  • where a boundary is shown on a map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.

3Local government area changes

Changes are made in the County of Pembrokeshire in accordance with the following provisions of this Order.

4Scleddau and Trecwn — amalgamation of existing communities to create a new community and consequential changes to electoral arrangements

(1)

The existing communities of Scleddau and Trecwn are amalgamated and constitute a new community to be known as Scleddau.

(2)

The area of the new community is delineated on Map A and edged red.

(3)

The community councils of Scleddau and Trecwn are dissolved.

(4)

There is to be a council for the new community of Scleddau.

(5)

The new community of Scleddau is divided into three wards namely—

(a)

Scleddau North;

(b)

Scleddau South; and

(c)

Trecwn.

(6)

Each ward comprises the area designated on Map Aby reference to the name of the ward and demarcated by yellow lines.

(7)

Three councillors are to be elected for each ward.

(8)

The new community of Scleddau forms part of the electoral division of Scleddau.

5Castlemartin and Stackpole — amalgamation of existing communities to create a new community and consequential changes to electoral arrangements

(1)

The existing communities of Castlemartin and Stackpole are amalgamated and constitute a new community to be known as Stackpole and Castlemartin.

(2)

The area of the new community is delineated on Map B and edged red.

(3)

The community councils of Castlemartin and Stackpole are dissolved.

(4)

There is to be a council for the new community of Stackpole and Castlemartin.

(5)

The new community of Stackpole and Castlemartin is divided into two wards namely—

(a)

Stackpole; and

(b)

Castlemartin.

(6)

Each ward comprises the area designated on Map B by reference to the name of the ward and demarcated by a yellow line.

(7)

In the new community of Stackpole and Castlemartin—

(a)

the number of community councillors to be elected for the Stackpole ward is 5; and

(b)

the number of community councillors to be elected for the Castlemartin ward is 2.

(8)

The new community of Stackpole and Castlemartin forms part of the electoral division of Hundleton.

6Uzmaston and Boulston and Slebech — amalgamation of existing communities to create a new community and consequential changes to electoral arrangements

(1)

The existing communities of Uzmaston and Boulston and Slebech are amalgamated and constitute the new community of Uzmaston, Boulston and Slebech.

(2)

The area of the new community is delineated on Map C and edged red.

(3)

The community councils of Uzmaston and Boulston and Slebech are dissolved.

(4)

There is to be a council for the new community of Uzmaston, Boulston and Slebech.

(5)

The new community of Uzmaston, Boulston and Slebech is divided into two wards namely—

(a)

Uzmaston and Boulston; and

(b)

Slebech.

(6)

Each ward comprises the area designated on Map C by reference to the name of the ward and demarcated by a yellow line.

(7)

In the new community of Uzmaston, Boulston and Slebech—

(a)

the number of community councillors to be elected for the Uzmaston and Boulston ward is 6; and

(b)

the number of community councillors to be elected for the Slebech ward is 2.

(8)

The new community of Uzmaston, Boulston and Slebech forms part of the electoral division of Martletwy.

7Haverfordwest and Rudbaxton — change in the community areas and consequential changes to electoral arrangements

(1)

The part of the community of Rudbaxton shown hatched on Map D—

(a)

is transferred to the community of Haverfordwest;

(b)

forms part of the Prendergast ward of the community of Haverfordwest; and

(c)

forms part of the electoral division of Haverfordwest: Prendergast.

(2)

The community of Rudbaxton is no longer warded.

(3)

The number of councillors to be elected for Rudbaxton is 10.

8Cilgerran and Eglwyswrw — change in the community areas and consequential changes to electoral arrangements

The part of the community of Cilgerran shown hatched on Map E—

(a)

is transferred to the community of Eglwyswrw; and

(b)

forms part of the electoral division of Crymych.

9Puncheston and Cwm Gwaun and Eglwyswrw — change in community areas and consequential changes to electoral arrangements

The part of the community of Eglwyswrw shown hatched on Map F—

(a)

is transferred to the community of Puncheston;

(b)

forms part of the Henry 213 s Moat ward of the community of Puncheston; and

(c)

forms part of the electoral division of Dinas Cross.

10Freystrop and Llangwm — change in community areas

The parts of the community of Llangwm shown hatched on Map G and shown cross-hatched on Map H are transferred to the community of Freystrop.

11Freystrop and Rosemarket — change in community areas and consequential changes to electoral arrangements

The part of the community of Rosemarket shown hatched on Map H—

(a)

is transferred to the community of Freystrop; and

(b)

forms part of the electoral division of Llangwm.

12Freystrop and Hook — change in community areas

The part of the community of Freystrop shown hatched on Map I is transferred to the community of Hook.

13Burton and Rosemarket — change in community areas

The part of the community of Rosemarket shown hatched on Map J is transferred to the community of Burton.

14Angle and Hundleton — change in community areas

The part of the community of Hundleton shown hatched on Map K is transferred to the community of Angle.

15Llanrhian and Mathry — change in community areas

The part of the community of Mathry shown hatched on Map L is transferred to the community of Llanrhian.

16Camrose and Haverfordwest — change in community areas and consequential changes to electoral arrangements

The parts of the community of Camrose shown hatched on Map M—

(a)

are transferred to the community of Haverfordwest;

(b)

form part of the Portfield ward of the community of Haverfordwest; and

(c)

form part of the electoral division of Haverfordwest: Portfield.

17Camrose and Nolton and Roch — change in community areas

The part of the community of Nolton and Roch shown hatched on Map N is transferred to the community of Camrose.

18Johnston and Tiers Cross — change in community areas

The part of the community of Tiers Cross shown hatched on Map O is transferred to the community of Johnston.

19Amroth and Kilgetty/Begelly — change in community areas and consequential changes to electoral arrangements

The part of the community of Kilgetty/Begelly shown hatched on Map P—

(a)

is transferred to the community of Amroth;

(b)

forms part of the Amroth ward of the community of Amroth; and

(c)

forms part of the electoral division of Amroth.

20East Williamston and Kilgetty/Begelly — change in community areas and consequential changes to electoral arrangements

The parts of the community of Kilgetty/Begelly shown hatched on Maps Q and R—

(a)

are transferred to the community of East Williamston;

(b)

form part of the Pentlepoir ward of the community of East Williamston; and

(c)

form part of the electoral division of East Williamston.

21Initial expenses etc of new community councils

(1)

In this article—

  • “the 1992 Act” (“Deddf 1992”) means the Local Government Finance Act 1992f1;

  • “the 1995 Regulations” (“Rheoliadau 1995”) means the Local Authorities (Precepts) (Wales) Regulations 1995f2;

  • “the prospective billing authority” (“yr awdurdod bilio arfaethedig”) means Pembrokeshire County Council; and

  • “the relevant financial year” (“y flwyddyn ariannol berthnasol”) means the financial year beginning on 1 April 2012.

(2)

Section 41 of the 1992 Act (issue of precepts by local precepting authorities) has effect—

(a)

in relation to the new community council, the prospective billing authority and the relevant financial year; and

(b)

as respects the period beginning on 1 April 2012 and ending immediately before the day on which there is issued by the new community a precept for the relevant financial year, with the substitution for subsection (3) of the following subsection—

“(3)

In making calculations in accordance with section 32 above (originally or by way of substitute) the billing authority must take into account for the purposes of its estimate under section 32(2)(a) above an amount equal to that notified to the billing authority in accordance with article 21(6) of the Pembrokeshire (Communities) Order 2011.”.

(3)

In relation to the new community council, the prospective billing authority and the relevant financial year—

(a)

section 32 of the 1992 Act (calculation of budget requirements by billing authorities) has effect with the omission of subsection (6);

(b)

section 41(4) of the 1992 Act has effect with the substitution for the words “March in the financial year preceding that for which it is issued” of the words “October in the financial year for which it is issued”; and

(c)

the references in section 52X(1) (calculations to be net of precepts) and 52Y(2) (information for purposes of Chapter 4A) of the 1992 Act to the aggregate amount of precepts anticipated by a billing authority in pursuance of regulations under section 41 have effect as if the aggregate amount included the amount notified to the community council in accordance with paragraph (6) of this article.

(4)

In relation to the amount taken into account for the purposes of section 32(2)(a) of the 1992 Act by virtue of paragraph (2) above, Chapter III of Part I of the 1992 Act (setting of council tax) is to have effect as if—

(a)

the amount were an item mentioned in section 35(1) of the 1992 Act (special items) which related to the new community; and

(b)

the area of the prospective billing authority included the new community.

(5)

The new community council must make the calculations required by section 50 of the 1992 Act (calculation of budget requirement by local precepting authorities) for the relevant financial year so as to secure that the amount calculated as its budget requirement for that year does not exceed the amount notified to the community council in accordance with paragraph (6) of this article.

(6)

The amount to be notified in accordance with this paragraph must be notified in writing by the Welsh Ministers to the billing authority and the new community council.

(7)

In relation to the new community council, the prospective billing authority and the relevant financial year, the 1995 Regulations have effect—

(a)

as if—

(i)

regulation 5 (information on schedules of payment), and

(ii)

in sub-paragraphs (1), (2) and (3) of paragraph 8 of Part II of the Schedule (rules for determination of schedules in instalments) in each case the second “or” and the words following to the end of each sub-paragraph,

were omitted; and

(b)

in sub-paragraph (1) of that paragraph 8, with the substitution of “May” for “April”.

22New community councils

The proper officer of Pembrokeshire County Council must convene the first meeting of each of the new community councils established by articles 4, 5 and 6.

23New community councils — residuary successors

For the purposes of any provision of the Regulations which refers to the residuary successor of a dissolved authority—

(a)

in relation to the existing community councils of Scleddau and Trecwn, the council of the new community of Scleddau is specified as the residuary successor;

(b)

in relation to the existing community councils of Castlemartin and Stackpole, the council of the new community of Stackpole and Castlemartin is specified as the residuary successor; and

(c)

in relation to the existing community councils of Uzmaston and Boulston and Slebech, the council of the new community of Uzmaston, Boulston and Slebech is specified as the residuary successor.

Signature

Carl Sargeant

Minister for Social Justice and Local Government, one of the Welsh Ministers

7 March 2011

Explanatory note

(This note is not part of the Order)

This Order is made in accordance with section 58(2) of the Local Government Act 1972. It gives effect to proposals of the Local Government Boundary Commission for Wales (“the Commission”) which reported in April 2010 on its review of community boundaries in the County of Pembrokeshire. The Commission’s report recommended changes to community boundaries in the County of Pembrokeshire and consequential changes to electoral arrangements.

This Order gives effect to the Commission 213 213 s recommendations with modifications.

Prints of the maps showing the boundaries are deposited and may be inspected during normal office hours at the offices of Pembrokeshire County Council at County Hall, Haverfordwest, SA61 1TP and at the offices of the Welsh Assembly Government at Cathays Park, Cardiff CF10 3NQ (Local Government Policy Division).

The Local Government Area Changes Regulations 1976 (S.I. No 1976/246) referred to in article 2 of this Order contain incidental, consequential, transitional and supplementary provisions about the effect and implementation of orders such as this.