Statutory Instrument 1994 No. 330

The Berkshire, Buckinghamshire and Surrey (County Boundaries) Order 1994

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© Crown Copyright 1994

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1994 No. 330

LOCAL GOVERNMENT, ENGLAND AND WALES

CHANGES IN LOCAL GOVERNMENT AREAS

The Berkshire, Buckinghamshire and Surrey (County Boundaries) Order 1994

The Secretary of State, in exercise of his powers under sections 51(2) and 67(4) and (5) of the Local Government Act 1972^[1] and of all other powers enabling him in that behalf, hereby makes the following Order which gives effect, with modifications, to proposals submitted to him under sections 47, 48(1) and 51(1) of that Act, more than six weeks before the making of this Order, by the Local Government Boundary Commission for England:

Citation and commencement
    1.—(1)  This Order may be cited as the Berkshire, Buckinghamshire and Surrey (County Boundaries) Order 1994.

    (2)  This Order shall come into force on 1st December 1994 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976^[2].

    (3)  For all other purposes, this Order shall come into force on 1st April 1995.

Interpretation
    2.    In this Order—
"Berkshire" means the county of Berkshire, and any reference to Slough is a reference to the Berkshire borough of that name;


"Buckinghamshire" means the county of Buckinghamshire, and any reference to South Bucks is a reference to the district of that name in that county;


"Surrey" means the County of Surrey, and any reference to Spelthorne is a reference to the Surrey borough of that name;


"electoral division" means an electoral division of Berkshire or Buckinghamshire^[3];


"the map" means the map prepared by the Department of the Environment, marked "Map of the Berkshire, Buckinghamshire and Surrey (County Boundaries) Order 1994", and deposited in accordance with regulation 5 of the Loal Government Area Changes Regulations 1976;


"new parish" means the new Berkshire parish of Colnbrook with Poyle; and any reference to an area as unparished is a reference to that area not forming part of any parish; and


"ward" means a ward of a borough or district^[4] except in the expression "parish ward", where it means a ward of a parish.

Transfers from Buckinghamshire (South Bucks) and Surrey (Spelthorne) to Berkshire (Slough)
    3.    The following areas—
 (a) the parts of Buckinghamshire, of South Bucks and of the parish of Iver marked D1 and D2 on the map; and
 (b) the unparished parts of Surrey, and of Spelthorne marked E2 on the map (being part of the Moors ward of that borough), and marked E3 on the map (being part of the Staines Town ward) shall be transferred to Berkshire, to Slough, to the Langley East electoral division, and to the Slough petty sessional division and the East Berkshire coroner's district. Additionally areas E2 and E3 on the map shall cease to form part of the Metropolitan Police District.

Creation of new Berkshire parish of Colnbrook with Poyle
    4.—(1)  There shall be created in Slough a new parish named Colnbrook with Poyle, consisting of the areas transferred to Berkshire by article 3 and the area of Brands Hill marked E1 on the map.

    (2)  There shall be a parish council for the new parish, consisting of twelve parish councillors.

    (3)  Elections for the new council shall be held on such day before 1st April 1995 as the returning officer^[5] shall appoint, and the councillors elected thereat shall come into office on 1st April 1995 and shall retire on the fourth day after the ordinary day of election of councillors in 1999.

    (4)  The proper officer of the Slough Borough Council shall convene both the first annual meeting of the new council, which shall be held in April 1995, and the first assembly of the parish meeting, and if the latter is held before the former, the parish meeting may appoint a person to take the chair, who shall have, for the purposes of that occasion only, the powers and authority of a chairman.

Expenses of new parish council
    5.    For the purposes of article 3 of the Local Government Finance (Miscellaneous Provisions) (England) Order 1993^[6], there is specifie in relation to the new parish the sum of £55,000.

Creation of new ward in Slough
    6.    There shall be created in Slough a new ward named Colnbrook and Poyle, consisting of the area of the new parish, and represented by a single district councillor.The Councillor for the new ward shall be elected on the ordinary day of election of Councillors in 1995, and shall retire on the fourth day after the ordinary day of election of Councillors in 1999.

Consequential changes to electoral divisions and district wards in Buckinghamshire
    7.    The Iver (Colnbrook) ward of South Bucks shall be abolished, reducing the number of councillors for that district from 41 to 40 and the councillor for that ward shall retire on the ordinary day of election of Councillors in 1995.The Iver Colnbrook electoral division of Buckinghamshire shall be renamed the Iver electoral division.

Consequential changes in Spelthorne to borough wards and borough councillors
    8.—(1)  In Spelthorne the part of Moors ward not transferred to Berkshire by virtue of article 3(b) shall transfer to the Stanwell North ward of that borough, and the Moors ward shall cease to exist.

    (2)  The councillor representing the Moors ward immediately prior to 1st April 1995 shall come into office as an additional (third) councillor for the Stanwell North ward, retiring on the fourth day after the ordinary day of election of councillors in 1995.For the purposes of the borough council elections in 1995 and thereafter the number of borough councillors representing the Stanwell North ward shall be 3.

Town and Country Planning
    9.—(1)  In this article, "provision" means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990^[7]).

    (2)  Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.

Signed by authority of the Secretary of State

Tony Baldry

Parliamentary Under Secretary of State, Department of the Environment

15th February 1994

This Order transfers areas from Buckinghamshire (district of South Bucks, parish of Iver) and from Surrey (borough of Spelthorne, unparished areas) to Berkshire (borough of Slough) to create a new parish of Colnbrook and Poyle.

A parish council is established for the new parish, with provision for its expenses. In approximate terms, the new parish will have an area of 520 hectares, and a population of 3160.

Consequential changes to local government electoral areas, petty sessional divisions and coroners' districts are made. These include the abolition and creation of new borough and district wards. The map forming part of this Note is a general guide only to the areas affected. The map described in article 2 should be inspected for full details of the transfers. Any person may inspect the map at any reasonable time at the offices of borough or district whose area is affected, and additionally at the offices of the Secretary of State for the Environment located in 2, Marsham Street, London SW1P 3EB. The Local Government Area Changes Regulations 1976 contain general provisions regarding the effect of orders such as this one.

[1] 1972 c. 70. back

[2] S.I.1976/246, amended by S.I.1978/247. back

[3] Every non-metropolitan county is divided into electoral divisions for the purposes of the election of county councillors (section 6(2)(a) of the Local Government Act 1972). back

[4] Every district (whether metropolitan or non-metropolitan) is divided into wards for the purposes of the election of district councillors (sections 6(2)(b) and of the Local Government Act 1972). back

[5] Elections for parish councillors are conducted in accordance with the Representation of the People Act 1983 (c. 2), and the Local Elections (Parishes and Communities) Rules 1986/2215, which are made under section 36(2) of that Act. back

[6] S.I.1993/22. back

[7] 1990 c. 8.This definition was amended by the Planning and Compensation Act 1991 (c. 34), Schedule 4, paragraph 34. back