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Local Government (Democracy) (Wales) Act 2013

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This is the original version (as it was originally enacted).

CHAPTER 6OTHER PROVISION RELEVANT TO LOCAL AUTHORITY BOUNDARIES

45Police area change

(1)This section applies where the Commission is conducting a review of one or more principal areas under section 23.

(2)In addition to the changes which may be recommended under section 23(3) the Commission may, in connection with any principal area boundary change, recommend such changes to a police area or areas (including changes resulting in a reduction or increase in the number of police areas) as it considers appropriate.

(3)The Secretary of State may, after receiving a report containing recommendations from the Commission in relation to a review conducted under section 23—

(a)by order made by statutory instrument implement any recommendations for change to a police area, with or without modification,

(b)if proposing to implement the recommendations with modification, direct the Commission to carry out a further review under section 23 of such principal areas affected by the recommendations as may be specified in the direction, or

(c)decide to take no action in respect of the recommendations.

(4)The Commission must comply with a direction under subsection (3)(b).

(5)An order made under this section may include—

(a)provision for the police and crime commissioner for a police area affected by the order to become the police and crime commissioner for a police area resulting from the order,

(b)provision for the holding of an election for the police and crime commissioner for any police area resulting from the order,

(c)such incidental, consequential, supplemental or transitional provision as the Secretary of State considers necessary or expedient.

(6)An order including provision of the kind mentioned in subsection (5)(b) may require the election in question to be held before the alteration of the police areas takes effect.

(7)An order under this section may apply or modify any enactment or charter.

(8)An order made under this section may not provide for a principal area to be divided between 2 or more police areas.

(9)No order may be made under this section until the expiry of a period of 6 weeks beginning with the date on which the Secretary of State receives the recommendations.

46Extent of seaward boundaries

(1)Any part of the sea-shore to the low water-mark forms part of the community or communities which it adjoins in proportion to the extent of the common boundary.

(2)Every accretion from the sea (whether natural or artificial) forms part of the community or communities which it adjoins in proportion to the extent of the common boundary.

(3)Every accretion or part of the sea-shore forming a part of a community under this section also forms part of the principal area and preserved county in which the community is situated.

47Boundary change following alteration of water-course

(1)This section applies where a water-course forms a boundary line between two or more local government areas.

(2)If, in the exercise of any power conferred by the Water Resources Act 1991 (c. 57), the Land Drainage Act 1991 (c. 59) or any other enactment, the water-course is altered in any way which affects its character as a boundary line, the person under whose authority the alteration is made must as soon as reasonably practicable give the Welsh Ministers notice of the alteration.

(3)The Welsh Ministers may, by order, vary a boundary line to which a notice given under subsection (2) relates by substituting a new boundary line (whether or not consisting wholly or in part of the line of the water-course as altered) for so much of that boundary line as, before the alteration, lay along the line of the water-course.

(4)The Welsh Ministers must consult the Commission before making an order under subsection (3).

(5)The Welsh Ministers must, in such manner as they consider appropriate, publish notice of any order made under this section.

(6)For the purposes of this section, a reference to local government area includes a reference to a preserved county.

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