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Scottish Statutory Instruments

2017 No. 430

Local Government

The Fife Council Area and Perth and Kinross Council Area (Keltybridge and Fife Environmental Energy Park at Westfield) Boundaries Amendment Order 2017

Made

5th December 2017

Laid before the Scottish Parliament

7th December 2017

Coming into force

2nd February 2018

The Scottish Ministers make the following Order in exercise of the powers conferred by section 17(2) of the Local Government (Scotland) Act 1973(1) and all other powers enabling them to do so.

This Order gives effect, with modifications, to proposals made to the Scottish Ministers by the Local Government Boundary Commission for Scotland on 1st October 2015.

Citation and commencement

1.  This Order may be cited as the Fife Council Area and Perth and Kinross Council Area (Keltybridge and Fife Environmental Energy Park at Westfield) Boundaries Amendment Order 2017 and comes into force on 2nd February 2018.

Interpretation

2.—(1) In this Order—

“the 1977 Regulations” means the Local Government Area Changes (Scotland) Regulations 1977(2);

“Area A” means Area A described in the schedule and shown delineated and marked “Area A” on boundary map 1;

“Area B” means Area B described in the schedule and shown delineated and marked “Area B” on boundary map 1;

“Area C” means Area C described in the schedule and shown delineated and marked “Area C” on boundary map 1;

“Area D” means Area D described in the schedule and shown delineated and marked “Area D” on boundary map 2;

“Area E” means Area E described in the schedule and shown delineated and marked “Area E” on boundary map 2;

“Area F” means Area F described in the schedule and shown delineated and marked “Area F” on boundary map 2;

“Area G” means Area G described in the schedule and shown delineated and marked “Area G” on boundary map 3;

“boundary map 1” means the boundary map recorded by the Local Government Boundary Commission for Scotland on the DVD-ROM—

(a)

entitled “Map 1 of the Fife Council Area and Perth and Kinross Council Area (Keltybridge and Fife Environmental Energy Park at Westfield) Boundaries Amendment Order 2017”; and

(b)

certified and deposited with the local authorities affected and elsewhere in accordance with regulation 3 of the 1977 Regulations;

“boundary map 2” means the boundary map recorded by the Local Government Boundary Commission for Scotland on the DVD-ROM—

(a)

entitled “Map 2 of the Fife Council Area and Perth and Kinross Council Area (Keltybridge and Fife Environmental Energy Park at Westfield) Boundaries Amendment Order 2017”; and

(b)

certified and deposited with the local authorities affected and elsewhere in accordance with regulation 3 of the 1977 Regulations; and

“boundary map 3” means the boundary map recorded by the Local Government Boundary Commission for Scotland on the DVD-ROM—

(a)

entitled “Map 3 of the Fife Council Area and Perth and Kinross Council Area (Keltybridge and Fife Environmental Energy Park at Westfield) Boundaries Amendment Order 2017”; and

(b)

certified and deposited with the local authorities affected and elsewhere in accordance with regulation 3 of the 1977 Regulations.

(2) References to administrative boundaries in the schedule are references to the boundaries existing immediately before the commencement of this Order.

Application of the 1977 Regulations

3.  The provisions of the 1977 Regulations apply in relation to the area changes effected by this Order—

(a)except insofar as they can have no application in relation to those changes; and

(b)subject to the modification of regulation 2 of the 1977 Regulations by substituting for the definition of “map”—

“map” means the map or maps defining the transferred area and includes any such map or maps recorded by the Local Government Boundary Commission for Scotland on a DVD-ROM identified as relative to the order..

Area changes

4.—(1) Area A, Area B, Area E and Area G are transferred to the area of Fife Council.

(2) Area C, Area D and Area F are transferred to the area of Perth and Kinross Council.

Consequential changes of electoral arrangement

5.—(1) Area A and that part of Area B lying to the west of the midline of the M90—

(a)cease to form part of electoral ward 8 (Kinross-shire) of the area of Perth and Kinross Council(3); and

(b)form part of electoral ward 1 (West Fife and Coastal Villages) of the area of Fife Council(4).

(2) That part of Area B lying to the east of the midline of the M90 and Area E—

(a)cease to form part of electoral ward 8 (Kinross-shire) of the area of Perth and Kinross Council; and

(b)form part of electoral ward 7 (Cowdenbeath) of the area of Fife Council.

(3) Area G—

(a)ceases to form part of electoral ward 8 (Kinross-shire) of the area of Perth and Kinross Council; and

(b)forms part of electoral ward 13 (Glenrothes West and Kinglassie) of the area of Fife Council.

(4) Area C, Area D and Area F—

(a)cease to form part of electoral ward 7 (Cowdenbeath) of the area of Fife Council; and

(b)form part of electoral ward 8 (Kinross-shire) of the area of Perth and Kinross Council.

JOE FITZPATRICK

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

5th December 2017

Article 2

SCHEDULE

Area A

The area bounded by a line commencing on the administrative boundary between Fife Council and Perth and Kinross Council at a point grid reference NT 13039520, then in a generally easterly direction following the medium filum of the Kelty Burn to rejoin the administrative boundary at a point grid reference NT 13209522, then southwestwards, westwards, southwestwards, northwestwards, southwestwards and northwestwards along the said administrative boundary to the point of commencement.

Area B

The area bounded by a line commencing on the administrative boundary between Fife Council and Perth and Kinross Council at a point grid reference NT 13339524, then in an easterly direction following the medium filum of the Kelty Burn to rejoin the administrative boundary at a point grid reference NT 13419525, then southwards and generally west-northwestwards along the said administrative boundary to the point of commencement.

Area C

The area bounded by a line commencing on the administrative boundary between Fife Council and Perth and Kinross Council at a point grid reference NT 13419525 then northwards, eastwards and generally southeastwards along the said administrative boundary to a point grid reference NT 13499526, then westwards following the medium filum of the Kelty Burn to the point of commencement.

Area D

The area to the east of Abbot’s Wynd bounded by a line commencing on the administrative boundary between Fife Council and Perth and Kinross Council at a point grid reference NT 14019533, then northeastwards, eastwards and then generally southwards along the said administrative boundary to a point grid reference NT 14079535, then west-southwestwards following the medium filum of the Kelty Burn to the point of commencement.

Area E

The area bounded by a line commencing on the administrative boundary between Fife Council and Perth and Kinross Council at a point grid reference NT 14129536, then east-northeastwards following the medium filum of the Kelty Burn to a point grid reference NT 14169537, then south-southeastwards, generally westwards and northwestwards along the said administrative boundary to the point of commencement.

Area F

The area bounded by a line commencing on the administrative boundary between Fife Council and Perth and Kinross Council at a point grid reference NT 14169537 then northwards, northeastwards and southeastwards along the said administrative boundary to a point grid reference NT 14209538, then west-southwestwards following the medium filum of the Kelty Burn to the point of commencement.

Area G

The triangular area of ground bounded by a line commencing on the administrative boundary between Fife Council and Perth and Kinross Council at a point grid reference NT 18979802, north-northwestwards until it meets the said administrative boundary at a point grid reference NT 18939814, then southeastwards along the said administrative boundary to a point grid reference NT 19029803, then west-southwestwards along the said administrative boundary to the point of commencement.

EXPLANATORY NOTE

(This note is not part of the Order)

The Local Government Boundary Commission for Scotland conducted a review of the local authority boundary between Fife Council area and Perth and Kinross Council area, and submitted its report to Scottish Ministers on 1st October 2015. It made proposals for the transfer of certain areas between Perth and Kinross Council and Fife Council. The report also made proposals for changes in the electoral arrangements consequential on the changes in the local authority areas.

Since the report there have been changes to the electoral wards of both councils (see S.S.I. 2016/284 and S.S.I. 2016/276) but the local authority areas remained unchanged. This Order gives effect to the report with modifications which reflect the subsequent changes to the electoral wards.

The boundary maps defined in article 2 of this Order are stored on DVD-ROM and certified copies are issued by the Local Government Boundary Commission in accordance with regulation 3 of the Local Government Area Changes (Scotland) Regulations 1977. The copies are sealed and signed by the Commission in accordance with paragraph 10 of schedule 4 of the Local Government (Scotland) Act 1973. Copies of the DVD-ROM are available for inspection by the public from the local authorities concerned.

The maps annexed to and forming part of this note give a general guide to the areas transferred by this Order.

(1)

1973 c.65. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(3)

The electoral wards of Perth and Kinross Council were constituted by S.S.I. 2016/284.

(4)

The electoral wards of Fife Council were constituted by S.S.I. 2016/276.