Welsh Statutory Instruments
Local Government, Wales
Made
25 November 2016
Coming into force in accordance with article 1(2) and (3)
The Local Democracy and Boundary Commission for Wales(1) has, in accordance with sections 54(1) and 58(1) of the Local Government Act 1972(2), submitted to the Welsh Ministers a report dated 31 March 2016 on its review of, and proposals for change in, the community arrangements in the County Borough of Neath Port Talbot.
The Welsh Ministers have agreed to give effect to the Commission’s proposals without modification.
More than six weeks have elapsed since these proposals were submitted to the Welsh Ministers(3).
The Welsh Ministers make the following Order in exercise of the powers conferred on the Secretary of State by section 58(2) of the Local Government Act 1972 and now vested in them so far as exercisable in relation to Wales(4).
1.—(1) The title of this Order is the Neath Port Talbot (Communities) Order 2016.
(2) For any purpose set out in regulation 4(1) of the Regulations, this Order comes into force on 1 December 2016.
(3) For all other purposes, this Order comes into force on the ordinary day of election of councillors in 2017(5).
2. In this Order—
“new” (“newydd”), in relation to a local government area, means that area as established by this Order;
“the Regulations” (“y Rheoliadau”) means the Local Government Area Changes Regulations 1976(6);
any reference to a map means one of the seven maps marked “Map of the Neath Port Talbot (Communities) Order 2016” deposited in accordance with regulation 5 of the Regulations, labelled “A” to “G” and a reference to a lettered map is a reference to the map that bears that letter; 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.
3. Changes are made in the local government area of the County Borough of Neath Port Talbot in accordance with the following provisions of this Order.
4. The new community of Baglan Moors is created and—
(a)comprises the area shown hatched on Map A; and
(b)forms part of the electoral division of Aberavon.
5.—(1) The part of the community of Baglan shown hatched on Map B—
(a)is transferred to the community of Briton Ferry; and
(b)forms part of the electoral division of Briton Ferry.
(2) The part of the community of Briton Ferry shown cross-hatched on Map B—
(a)is transferred to the community of Baglan; and
(b)forms part of the electoral division of Baglan.
6. The part of the community of Cwmavon shown hatched on Map C—
(a)is transferred to the community of Port Talbot; and
(b)forms part of the electoral division of Port Talbot.
7. The part of the community of Port Talbot shown hatched on Map D—
(a)is transferred to the community of Tai-Bach; and
(b)forms part of the electoral division of Tai-Bach.
8. The part of the community of Sandfields East shown hatched on Map E—
(a)is transferred to the community of Margam Moors; and
(b)forms part of the electoral division of Margam Moors.
9. The part of the community of Seven Sisters shown hatched on Map F—
(a)is transferred to the community of Onllwyn; and
(b)forms part of the electoral division of Onllwyn.
10.—(1) The part of the community of Tai-Bach shown hatched on Map G—
(a)is transferred to the community of Margam; and
(b)forms part of the electoral division of Margam.
(2) The part of the community of Margam shown cross-hatched on Map G—
(a)is transferred to the community of Tai-Bach; and
(b)forms part of the electoral division of Tai-Bach.
Mark Drakeford
Cabinet Secretary for Finance and Local Government, one of the Welsh Ministers
25 November 2016
(This note is not part of the Order)
This Order, made in accordance with section 58(2) of the Local Government Act 1972, gives effect without modification to proposals of the Local Democracy and Boundary Commission for Wales (“the Commission”). The Commission reported in March 2016 on its review of community arrangements for the County Borough of Neath Port Talbot. The report recommended changes to a number of existing community boundaries.
This Order makes changes to a number of community areas and some consequential changes to electoral divisions. Changes are made to the community boundaries of the following communities: Baglan, Briton Ferry, Cwmavon, Port Talbot, Tai-Bach, Sandfields East, Margam Moors, Seven Sisters, Onllwyn and Margam.
This Order also creates the new community of Baglan Moors within the existing community of Aberavon.
Consequential changes are made to the electoral divisions within the communities of Baglan, Briton Ferry, Cwmavon, Port Talbot, Tai-Bach, Sandfields East, Margam Moors, Seven Sisters, Onllwyn and Margam.
Prints of the boundary maps A to G to which this Order relates are deposited and may be inspected during normal office hours at the offices of Neath Port Talbot County Borough Council, and at the offices of the Welsh Government at Cathays Park, Cardiff, CF10 3NQ (Local Government Democracy Division).
The Local Democracy and Boundary Commission for Wales (“the Commission”) was previously called the Local Government Boundary Commission for Wales. The Local Government Boundary Commission for Wales was established by section 53 of and Schedule 8 to the Local Government Act 1972 (c. 70) (“the 1972 Act”). Section 53 and Schedule 8 were repealed by section 73(2) of and Schedule 2 to the Local Government (Democracy) (Wales) Act 2013 (anaw 4) (“the 2013 Act”). Under the 2013 Act, the Local Government Boundary Commission for Wales continued in existence but was renamed the Local Democracy and Boundary Commission for Wales (see section 2). See footnote (2) below for savings provisions in the 2013 Act that apply to Part 4 of the 1972 Act.
1972 c. 70. Sections 53 to 61 have been repealed by section 73(2) of and Schedule 2 to the 2013 Act but, pursuant to section 74(1) and (2) of the 2013 Act, continue in effect for the purpose of completing reviews which were being conducted when Part 3 of the 2013 Act came into force on 30 September 2013 and for the purpose of proposals submitted to the Welsh Ministers before that time. Section 74(2) of the 2013 Act was amended by section 43 of the Local Government (Wales) Act 2015 (anaw 6) to allow reviews completed before 30 September 2013 to be implemented under the 1972 Act.
Section 58(2) of the 1972 Act provides that an order giving effect to any proposals made to the Welsh Ministers by the Commission must not be made until the expiry of six weeks from the day on which those proposals were submitted to the Welsh Ministers.
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 the Welsh Ministers by virtue of section 162 of, and paragraph 30(1) of Schedule 11 to the Government of Wales Act 2006 (c. 32).
The Local Authority Elections (Wales) Order 2014 (S.I. 2014/3033 (W. 302)) amended the 1972 Act by moving the ordinary day of election of councillors by one year from 2016 to 2017.