The Kent and East Sussex (County Boundaries) Order 1993

Statutory Instruments

1993 No.1742

LOCAL GOVERNMENT, ENGLAND AND WALES

CHANGES IN LOCAL GOVERNMENT AREAS

The Kent and East Sussex (County Boundaries) Order 1993

Made

12th July 1993

Laid before Parliament

20th July 1993

Coming into force

for the purposes referred to in article 1(2)

1st December 1994

for all other purposes

1st April 1995

The Secretary of State, in exercise of his powers under sections 51(2) and 67(4) 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 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, following a direction by him pursuant to section 51(3) of that Act:

Citation and commencement

1.—(1) This Order may be cited as the Kent and East Sussex (County Boundaries) Order 1993.

(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.

Transfer from East Sussex to Kent

2.—(1) In this article, “the map” means the map prepared by the Department of the Environment, marked “Map of the Kent and East Sussex (County Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government (Area Changes) Regulations 1976.

(2) The area which is marked A and shown coloured yellow on the map shall be transferred from the county of East Sussex, the district of Wealden and the parish of Frant to—

(a) the county of Kent;

(b) the Tunbridge Wells Rural East electoral division of that county(3);

(c) the borough of Tunbridge Wells;

(d) the Lamberhurst ward of that borough(4);

(e) the parish of Lamberhurst; and to

(f) the Tunbridge Wells and Cranbrook petty sessional division and the West Kent coroner’s district.

Town and country planning

3.—(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(5)).

(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

12th July 1993

Explanatory Note

(This note is not part of the Order)

This Order transfers part of Bayham Lake from the county of East Sussex, from the district of Wealden, and from the parish of Frant to the county of Kent, to the borough of Tunbridge Wells, and to the parish of Lamberhurst. The effect of the transfer is to unite the Lake in Kent. In approximate terms, the area transferred consists of six hectares, and is unpopulated. The map at the end of this note is a general guide to the boundary change effected.

Consequential changes to the boundaries of local government electoral areas, petty sessional divisions and coroners' districts are made.

The map described in article 2 should be inspected for full details of the transfer. Any person may inspect the map at all reasonable times at the offices of the council for each borough or district 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.

Based on the Ordnance Survey mapOSD2, Department of the Environment 1993

(1)

1972 c. 70.

(2)

S.I. 1976/246, amended by S.I. 1978/247.

(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).

(4)

Every borough is divided into wards for the purposes of the election of borough councillors (section 6(2)(b) and (c) of the Local Government Act 1972).

(5)

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