Statutory Instrument 1996 No. 2915

The Bridgend and The Vale of Glamorgan (Areas) Order 1996

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© Crown Copyright 1996

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1996 No. 2915

LOCAL GOVERNMENT, ENGLAND AND WALES
WALES
CHANGES IN LOCAL GOVERNMENT AREAS

The Bridgend and The Vale of Glamorgan (Areas) Order 1996

The Secretary of State for Wales, in exercise of his powers under sections 58(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 to proposals submitted to him on 15th February 1996 under sections 54 and 58(1) of that Act^[2] by the Local Government Boundary Commission for Wales:—

Citation and Commencement
    1.—(1)  This Order may be cited as the Bridgend and The Vale of Glamorgan (Areas) Order 1996.

    (2)  This Order shall come into force on:—
 (a) 1st January 1997 for any of the purposes set out in regulation 4(1) of the Regulations;
 (b) 1st January 1997 for the purposes of articles 4(1) (so far as it relates to articles 4(2) and (7),) (2) and (7) and 5(1) (so far as it relates to article 5(7)) and (7) of this Order; and
 (c) 1st April 1997 for all other purposes.

Interpretation
    2.    In this Order—
"the map" means the map prepared by the Welsh Office and marked "Map of the Bridgend and The Vale of Glamorgan (Areas) Order 1996";
"the Regulations" means the Local Government Area Changes Regulations 1976^[3].
"the transferred area" means the areas transferred under article 3.

Changes in areas etc.
    3.    Those parts of the county borough of The Vale of Glamorgan and of the preserved county of South Glamorgan^[4] described in column (1) of Schedule 1 to this Order shall:
 (a) be transferred to the county borough of Bridgend;
 (b) be transferred to the preserved county of Mid Glamorgan; and
 (c) form part of such electoral divisions, communities, community wards, petty sessional divisions and coroners’ districts as are specified opposite thereto in columns (2) to (6) of the said Schedule.

County Borough Councillors
    4.—(1)  Regulation 8 of the Regulations (councillors) shall, in relation to the office of councillor for the county borough of Bridgend or The Vale of Glamorgan, have effect subject to the following provisions of this article.

    (2)  Any casual vacancy which exists at, or otherwise occurs after, 1st January 1997 in the office of county borough councillor for—
 (a) the existing Oldcastle electoral division of the county borough of Bridgend; or
 (b) the existing Llandow/Ewenny electoral division of the county borough of The Vale of Glamorgan,
shall (except where notice of the election has already been given before 1st January 1997) not be filled.

    (3)  Any person in office immediately before 1st April 1997 as county borough councillor for the existing Oldcastle or Llandow/Ewenny electoral division shall on and after 1st April 1997 represent the altered Oldcastle or, as the case may be, Llandow/Ewenny electoral division, but, in either case, shall (unless he previously resigns his office or it otherwise becomes vacant) retire from that office on 6th July 1997.

    (4)  Any casual vacancy which occurs before 6th July 1997 in either of the offices of county borough councillor provided for in paragraph (3) shall not be filled.

    (5)  First elections for two county borough councillors for the altered Oldcastle electoral division and for one county borough councillor for the altered Llandow/Ewenny electoral division shall be held on such day after 1st April 1997 and prior to 3rd July 1997 as the relevant returning officer shall appoint and the rules for the time being applying to elections to principal areas^[5] shall apply to such elections with any necessary modifications.

    (6)  A person elected in accordance with paragraph (5) above shall come into office on 6th July 1997 and shall retire (unless he previously resigns his office or it otherwise becomes vacant) on the fourth day after the ordinary day of election for councillors in 1999^[6].

    (7)  Except in the case of an election to which paragraph (2) above applies, in relation to the qualification of any person to be elected and to be a member of the Bridgend or The Vale of Glamorgan County Borough Council this Order shall be deemed, for the purposes of section 79 of the Local Government Act 1972^[7], to have been in operation during the whole of the twelve months preceding the relevant day within the meaning of that section.

    (8)  In this article—
"altered", in relation to an electoral division, means that division as existing on and after 1st April 1997; and
"existing", in relation to an electoral division, means that division as existing immediately before 1st April 1997.

Community Councils
    5.—(1)  Regulation 8 of the Regulations shall, in relation to the office of councillor for any community the area of which is altered by this Order, have effect subject to the following provisions of this article.

    (2)  The number of councillors for the Oldcastle ward of the community of Bridgend shall be six.

    (3)  The additional councillor for the Oldcastle ward of the community of Bridgend as provided for in paragraph (2) above shall be elected on such day after 1st April 1997 and prior to 3rd July 1997 as the returning officer shall appoint and the rules for the time being applying to the election of community councillors^[8] shall apply to such election with any necessary modifications.

    (4)  The person elected in accordance with paragraph (3) above shall come into office on 6th July 1997 and shall retire (unless he previously resigns his office or it otherwise becomes vacant) on the fourth day after the ordinary day of election of councillors in 1999.

    (5)  In relation to the community of Ewenny—
 (a) any casual vacancy in the office of councillor for that community which exists at 1st April 1997 or occurs before the ordinary day of election of councillors in 1999 shall (except where notice of the election has already been given before 1st April 1997) be filled only to maintain the number of councillors for that community at seven; and
 (b) subject to paragraph (6), as from the ordinary day of election of councillors in 1999 the number of councillors for the community of Ewenny shall be seven.

    (6)  Any person in office as a councillor for the community of Ewenny immediately before the date of the ordinary election of councillors in 1999 shall not, by reason only of the provisions of paragraph (5)(b) above, be required to retire from that office before the fourth day after the ordinary day of election of councillors in 1999.

    (7)  In relation to the qualification of any person to be elected and to be a member of the council of any community the area of which is altered by this Order, this Order shall be deemed, for the purposes of section 79 of the Local Government Act 1972, to have been in operation during the whole of the twelve months preceding the relevant day within the meaning of that section.

Town and Country Planning
    6.—(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^[9]).

    (2)  Any provision applying to any part of the transferred area shall continue to apply to that part, notwithstanding the transfer, until replaced by a provision which so applies and which supersedes the provision so continued.

Sheriffs
    7.—(1)  In this article—
"transferee sheriff" means the high sheriff for the preserved county of Mid Glamorgan;
"transferor sheriff" means the high sheriff for the preserved county of South Glamorgan.


    (2)  Any person who, immediately before 1st April 1997, is qualified under section 4 of the Sheriffs Act 1887 (qualification of sheriffs)^[10] to be appointed High Sheriff for the preserved county of South Glamorgan by reason of holding land in the transferred area shall, for a period of two years from that date, continue to be qualified to be appointed High Sheriff for the preserved county of South Glamorgan.

    (3)  The transferor sheriff shall, on or as soon as reasonably practicable after 1st April 1997,—
 (a) perform (so far as they relate to persons or things in the transferred area) all the duties which are required by section 28(1) of the Act of 1887 (outgoing sheriff to turn over prisoners and process to incoming sheriff) to be performed at the expiration of a sheriff’s term of office; and
 (b) transfer to the custody of the transferee sheriff all documents of whatever description relating to the transferred area.

    (4)  In section 28(1) and (2) of the Act of 1887 the references to an "incoming sheriff" shall, so far as they apply by virtue of the preceding paragraphs, be construed from 1st April 1997 as including a reference to the transferee sheriff.

Deputy Lieutenants
    8.—(1)  In this article—
"transferor deputy lieutenant" means a deputy lieutenant for the preserved county of South Glamorgan.


    (2)  Any person who, immediately before 1st April 1997, is qualified under section 133(2)(a) of the Reserve Forces Act 1980^[11] to be appointed as a deputy lieutenant for the preserved county of South Glamorgan by reason of having a place of residence within the transferred area, or within seven miles from the relevant boundary thereof, shall, for a period of two years from that date, continue to be qualified to be appointed as a deputy lieutenant for the preserved county of South Glamorgan.

Justices
    9.    The provisions of Part I of Schedule 2 to this Order shall apply in relation to any petty sessional district altered by article 3.

Coroners’ districts
    10.    As from 1st April 1997 article 2(2) of the Coroners’ District (Wales) Order 1996^[12] shall have effect in relation to the following coroners’ districts—
 (a) Bridgend and Glamorgan Valleys; and
 (b) Cardiff and The Vale of Glamorgan,
as if the reference to the local government areas described in column (2) of the Schedule to that Order opposite the names of those respective districts were a reference to those local government areas as altered by this Order.

Registration Service
    11.    References in the schemes made under the Local Government (Registration Service in Wales) Order 1995^[13] by—
 (a) Bridgend County Borough Council; and
 (b) The Vale of Glamorgan County Borough Council
to the county borough of Bridgend or, as the case may be, the county borough of The Vale of Glamorgan shall be read as a reference to such county borough as altered by this Order.

Family health services
    12.    In relation to the provision of family health services in the transferred area, the provisions of Part II of Schedule 2 to this Order shall apply in place of regulation 28 of and Schedule 2 to the Regulations.

William Hague

Secretary of State for Wales

9th December 1996

[1] 1972 c. 70; section 67(5) was amended by section 40(5) of the Police and Magistrates’ Courts Act 1994 (c. 29), Schedule 15 paragraph 15 to the Local Government (Wales) Act 1994 (c. 19) and S.I. 1977/1710. back

[2] Section 54 of the Local Government Act 1972 was amended by Schedule 3 paragraph 12 to the Local Government Act 1992 (c. 19), Schedule 2 paragraph 4 and Schedule 15 paragraph 7 to the Local Government (Wales) Act 1994 and section 40(2) of the Police and Magistrates’ Courts Act 1994. Section 58(1) of the Act of 1972 was amended by Schedule 15 paragraph 11(1) to the Local Government (Wales) Act 1994. back

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

[4] For the meaning of "preserved county", see section 64(1) of the Local Government (Wales) Act 1994. back

[5] See the Local Elections (Principal Areas) Rules 1986 (S.I. 1986/2214) amended by S.I. 1987/261, S.I. 1990/158, S.I. 1990/932 and S.I. 1995/1948. back

[6] For the meaning of "ordinary day of election of councillors", see section 37 of the Representation of the People Act 1983 (c. 2) which was amended by section 18(2) of the Representation of the People Act 1985 (c. 50). back

[7] Relevant amendments to section 79 were made by S.I. 1995/1948. back

[8] See the Local Elections (Parishes and Communities) Rules 1986 (S.I. 1986/2215) amended by S.I. 1987/260, S.I. 1990/157; S.I. 1990/2477 and S.I. 1995/1948. back

[9] 1990 c. 8; this definition was amended by Schedule 4 paragraph 34 to the Planning and Compensation Act 1991 (c. 34) and Schedule 6 paragraph 24(13)(b) to the Local Government (Wales) Act 1994. back

[10] 1887 c. 55; certain words in section 4 were repealed by Schedule 30 to the Local Government Act 1972. back

[11] 1980 c. 9; the reference to "county" in section 133(2)(a) of the Act of 1980 means, in relation to Wales, a preserved county, see section 130(4) of that Act as added by section 61(1) of the Local Government (Wales) Act 1994. back

[12] S.I. 1996/661. back

[13] S.I. 1995/3106. back

Explanatory Note