The Cheshire, Lancashire and Merseyside (County and Metropolitan Borough Boundaries) Order 1993

Statutory Instruments

1993 No. 691

LOCAL GOVERNMENT, ENGLAND AND WALES

CHANGES IN LOCAL GOVERNMENT AREAS

The Cheshire, Lancashire and Merseyside (County and Metropolitan Borough Boundaries) Order 1993

Made

2nd March 1993

Laid before Parliament

18th March 1993

Coming into force

for the purposes referred to in article 1(2)

1st December 1993

for all other purposes

1st April 1994

The Secretary of State, in exercise of his powers under sections 51(2) and 67(4) and (5) of the Local Government Act 1972(1) and of all powers enabling him in that behalf, hereby makes the following Order which gives effect, with modifications, 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:

Citation and commencement

1.—(1) This Order may be cited as the Cheshire, Lancashire and Merseyside (County and Metropolitan Borough Boundaries) Order 1993.

(2) This Order shall come into force on 1st December 1993 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 1994.

Interpretation

2.  In this Order—

“Cheshire” means the county of Cheshire, and any reference to Halton is a reference to the Cheshire borough of that name;

“district” includes a borough, a metropolitan borough and a city;

“electoral division” means an electoral division of the county to which an area is transferred by this Order(3);

“Lancashire” means the county of Lancashire, except in the expression “West Lancashire”, where it means the Lancashire district of West Lancashire;

“the map” means one or more of the 17 maps prepared by the Department of the Environment, marked “Maps of the Cheshire, Lancashire and Merseyside (County and Metropolitan Borough Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Areas Changes Regulations 1976;

“Merseyside” means the metropolitan county of Merseyside, and any reference to Knowsley, to Liverpool, to St.Helens or to Sefton is a reference to the district of that name in that county;

“the abolished parish” means the Knowsley parish of Simonswood (abolished by article 4), “new parish” means the new Lancashire parish of Simonswood (created by article 5), and

“new parish council” means the parish council for the new parish; any reference to an area as unparished is a reference to that area not forming part of any parish; and

“ward” means a ward of the district from or to which an area is transferred(4), except in article 5(6), where it means a ward of Knowsley, and in the expression “parish ward”, where it means a ward of the parish to which an area is transferred.

Transfers between Cheshire (Halton) and Merseyside (Knowsley)

3.—(1) The unparished area which is marked I on map 5 shall be transferred from Cheshire, from Halton, and from the Farnworth ward to Merseyside, to Knowsley, to the parish of Cronton, and to the Whiston South ward.

(2) The unparished areas which are marked A and C on map 6 shall be transferred from Cheshire from Halton, and from the Ditton ward to Merseyside, to Knowsley, to the parish of Tarbock, and to the Halewood East ward.

(3) The areas transferred by paragraphs (1) and (2) shall additionally be transferred to the Knowsley District petty sessional division and the Knowsley, St. Helen’s and Sefton coroner’s district.

(4) Each area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from Mersyside, from Knowsley and from the parish named in column 3 to Cheshire, to Halton, to the ward and the electoral division named in column 4, and to the Halton petty sessional division and the Cheshire coroner’s district, becoming unparished.

Table

1.	2.	3.	4.
Area marked–	On map–	Transferred from Merseyside, from Knowsley, and from the parish of–	To Cheshire, to Halton and to–
J	5	Cronton	Farnworth ward Birchfield electoral division
A & B	7	Halewood	Ditton ward Oakfield electoral division
B & D	6	Tarbock	Ditton ward Oakfield electoral division

Transfers from Merseyside (Knowsley and Sefton) to Lancashire (West Lancashire), and creation of new West Lancashire parish of Simonswood

4.  The Merseyside parish of Simonswood and its parish council shall be abolished.

5.—(1) The following areas shown on map 1—

(a) the part of the abolished parish marked S; and

(b) the parts of the Sefton parish of Melling marked N, O, P and R—

shall be transferred from Merseyside, and from Knowsley and Sefton respectively to Lancashire, to West Lancashire, to the Bickerstaffe ward, to the West Lancashire South electoral division, and to the Ormskirk petty sessional division and the Preston and South West Lancashire coroner’s district.

(2) There shall be created in West Lancashire a new parish, to be named Simonswood, and consisting of the areas transferred by paragraph (1).

(3) There shall be a parish council for the new parish, consisting of 5 parish councillors.

(4) Elections for the new council shall be held on such day before 1st April 1994 as the returning officer(5) shall appoint, and the councillors elected thereat shall come into office on 1st April 1994 and shall retire on the fourth day after the ordinary day of election of councillors in 1998.

(5) The proper officer of the West Lancashire District Council shall convene both the first annual meeting of the new council, which shall be held in April 1994, and the first assembly of the parish meeting, and if the latter is held before the former, the parish meeting may appoint a person to take the chair, who shall have, for the purposes of that occasion only, the powers and authority of a chairman.

(6) The new parish council shall be the residuary successor to the abolished council, and shall assume custody of its public books, documents and records.

(7) The parts of the abolished parish marked K and T on map 1 shall remain in Merseyside, and in Knowsley, but shall become unparished. The area marked T shall be transferred from the Tower Hill ward of that district to the Northwood ward.

(8) For the purposes of article 3 of the Local Government Finance (Miscellaneous Provisions) (England) Order 1993(6), there is specified in relation to the new parish the sum of £3,000 (three thousand pounds).

Transfers within Merseyside between Knowsley and Sefton

6.—(1) The following areas shown on map 1—

(a) the parts of the abolished parish marked M, Q, and U;

(b) the unparished parts of the Park ward marked A and C; and

(c) the unparished parts of the Tower Hill ward marked G, I and L—

shall be transferred from Knowsley to Sefton, to the parish of Melling, to the Molyneux ward, and to the South Sefton petty sessional division.

(2) The parts of the parish of Melling which are marked B, D, E, F, H and J on map 1 shall become unparished, and shall be transferred to Knowsley, and to the Knowsley District petty sessional division. The areas marked B and D shall additionally be transferred to the Park ward, and those marked E, F, H and J to the Tower Hill ward.

Transfers within Merseyside between Knowsley and St. Helens

7.—(1) Each area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from Knowsley, and from the parish or, where unparished, the ward named in column 3 to St. Helens, to the parish and ward named in column 4, and to the St. Helens petty sessional division.

Table

1.	2.	3.	4.
Area marked–	On map–	Transferred from Knowsley, and from–	To St. Helens, and to the parish and ward of–
A	2	Northwood ward	Windle
E & G	5	Parish of Cronton	Rainhill
B	3	Parish of Knowsley	Eccleston
B	2	Parish of Knowsley	Windle
E	3	Parish of Prescot	Eccleston
B	4	Parish of Whiston	Eccleston
A, C & D	5	Parish of Whiston	Rainhill

(2) Each area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from St. Helens, and from the parish named in column 3 to Knowsley, to the parish (and parish ward, if any) and ward named in column 4, and to the Knowsley District petty sessional division.

Table

1.	2.	3.	4.
Area marked–	On map–	Transferred from St. Helens and from the parish of–	To Knowsley, and to–
A & C	3	Eccleston	Parish of Knowsley Knowsley Park North District 2 parish ward Knowsley Park ward
D	3	Eccleston	Parish West District 5 parish ward Prescot West ward
A	4	Eccleston	Parish of Whiston Delph parish ward Whiston North ward
F & H	5	Rainhill	Parish of Cronton Whiston South ward
B	5	Rainhill	Parish of Whiston Whiston East parish ward Whiston North ward

Transfers within Merseyside between Knowsley and Liverpool

8.—(1) Each area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from Knowsley, and from the parish (or, where unparished, the ward) named in column 3 to Liverpool, to the ward named in column 4 and to the Liverpool Metropolitan District petty sessional division and the Liverpool coroner’s district, becoming or remaining unparished.

Table

1.	2.	3.	4.
Area marked–	On map–	Transferred from Knowsley, and from–	To Liverpool, and to the following ward–
E, G, I & K	8	Parish of Halewood	Allerton
A, C, D, E, G, I, L & N	8a	Parish of Haleswood	Netherley
A	9
A & B	8	Parish of halewood	Woolton
A	14	Parish of Knowsley	Dovecot
B	15
E & G	15	Parish of Knowsley	Gillmoss
D, F, H, J & L	9	Parish of Tarbock	Netherley
A, C, D, F, I, K, L & M	10
C & E	14	Princess ward	Dovecot
A	11	Roby ward	Netherley
A, C & E	12	Roby ward	Valley
A & C	13
G & I	13	Swanside ward	Broadgreen
D	13	Swanside ward	Childwall
B, D & E	16	Whitefield ward	Fazakerley

(2) Each area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from Liverpool, and from the ward named in column 3 to Knowsley, to the parish and parish ward (if any) and the ward named in column 4, and to the Knowsley District petty sessional division and the Knowsley, St. Helens and Sefton coroner’s district.

Table

1.	2.	3.	4.
Area marked–	On map–	Transferred from Liverpool, and from the following ward–	To Knowsley–
D	8	Allerton	Parish of Halewood Halewood West District 1 parish ward Halewood West ward
F, H & J	8	Allerton	Parish of Halewood Halewood West District 2 parish ward Halewood West ward
F, H & J	13	Broadgreen	Swanside ward
E	13	Childwall	Swanside ward
B A	14 15	Dovecot	Parish of Knowsley Knowsley Park South District 1 parish ward Knowsley Park ward
G	14	Dovecot	Page Moss Ward
D & F	14	Dovecot	Princess ward
A, C & F	16	Fazakerley	Whitefield ward
D & F	15	Gillmoss	Parish of Knowsley Cantril Farm District 2 parish ward Cantril farm ward
C	15	Gillmoss	Parish of Knowsley Knowsle;y Park South District 1 parish ward Knowsley Park ward
B, F, H, J, K, M & O B	8a 9	Netherley	Parish of halewood Halewood East district 2 parish ward Halewood East ward
C, E, G, I & K B, E, G, H, J & N	9 10	Netherley	Parish of Tarbock Tarbock District 1 parish ward Haleswood East ward
D	7	St. Mary's	Parish of Halewood Halewood South District 2 parish ward Halewood South ward
B & C	7	Speke	Parish of Halewood Halewood south District 2 parish ward Halewood South ward
B & D B	12 13	Valley	Roby ward
P	8a	Woolton	Parish of Halewood Halewood East district 3 parish ward Halewood East ward
C	8	Woolton	Parish of Halewood Halewood West District 1 parish ward Halewood West ward

Town and Country Planning

9.—(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(7)).

(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 for the Environment

Robin Squire

Parliamentary Under Secretary of State,

Department of the Environment

2nd March 1993

Explanatory Note

(This note is not part of the Order)

This Order makes changes in the boundary between—

(a) the county of Cheshire (borough of Halton) and the metropolitan county of Merseyside (metropolitan borough of Knowsley); and

(b) the county of Lancashire (district of West Lancashire) and Merseyside (Knowsley and Sefton).

It also transfers areas within Merseyside between—

(i) the metropolitan boroughs of Knowsley and Sefton;

(ii) the metropolitan boroughs of Knowsley and St. Helens; and

(iii) Knowsley and the city of Liverpool.

The main change effected by the Order is the abolition of the Knowsley parish of Simonswood, the transfer of most of its area to Lancashire, and to West Lancashire, and the creation of a new parish, also named Simonswood, in that county and district. A parish council is established for the new parish, with provision for its expenses.

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

The map and table forming part of this Note are a general guide only to the areas affected. The table gives in approximate terms the hectarage and population affected by the transfers.

The maps described in article 2 should be inspected for full details of the transfers. Any person may inspect the maps at any reasonable time at the offices of each city, borough, metropolitan borough or district whose area is 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.

Transfers–	Description–
Between cheshire (Halton) and Merseyside) Transferred to Knowsley– Area (total): 10 hectares Population (total): Nil Transferred from Knowsley– Area: 250 hectares Population: 180	Transfer to unite Beaufort Close, Tarbock in Halton. Transfer to Cheshire of large area stretching from Mill Wood in the west to Potter’s Lane in the east, realigning boundary to southern side of Speke Boulevard (A561), then southern side of railway. Area transferred includes Hale Bank, Burnt Mill, Carr Lane Bridge, Boar Wood Cottages, Ramsbrook Plantation, sewage works, Manor Farm, Lane Ends Police Station, Ramsbrook Farm and part of Ramsbrook Lane. Realignments– (a) at Ash Lane/Clinton Close; (b) to eastern side of Norland’s Lane, south of M62 motorway, Junction 7; and (c) to more defined boundary west of Norland’s House.
From Merseyside (Knowsley and Sefton) to Lancashire (West Lancashire) Articles 4 & 5 Area: 830 hectares Population:150	Creation of new parish of Simonswood from areas transferred from the abolished Merseyside parish of that name, and from transferred parts of the Sefton parish of Melling.
Within Merseyside, between Knowsley and sefton article 6 Transferred from Knowsley– Area: 1 hectare Population: Nil Transferred to Knowsley– Area: 1 hectare Population: Nil	Minor realignments– (i) at Bank Lane, to follow line of bank brook; and (ii) at Simonswood Brook/Outlet Lane
Between Knowsley and st. Helens article 7 Transferred from Knowsley– Area: 150 hectares Population: 210 Transferred to Knowsley– Area: 150 hectares Population: 2	Transfer to St. Helens of areas at Longborough, realigning boundary to eastern side of Coach Road and southern side of East Lancashire Road. Grace’s Wood, Big Longborough and the lodge located at the junction of Coach Road with East Lancashire Road are affected. Transfers to unit Knowsley Safari park in Knowsley, and realign boundary to follow the northern, then the western side of the reservoirs off Burrow’s Lane. Transfer to Knowsley of area south of M62 motorway between Duke’s Clough/Hall Lane and the A569 road. Realignments– (a) at Warrington Road/Stoney Lane/Cumber Lane/Fairchilds Farm/Mill Wood/Snape Gate Barn/M62 motorway near Brick Wood and Cronton Lane; (b) to centre of B5201 and of Portico Lane between Fairholme Avenue and a point south-east of Portico Lodge; and (c) south of St. Helens Road.
Between Knowsley and Liverpool Article 8 Transferred from Knowsley– Area: 10 hectares Population: 160 Transferred to Knowsley– Area: 50 hectares Population: 320	Realignments– (a) at Lee Park Golf Course/Halewood Road/Mackett’s Lane/ Minster Drive/Netherley Brook; (b) to northern side of Speke Boulevard to unite Ford Motor Works in Knowsley; (c) in Wheat Hill Road, south of M62 motorway; (d) alogn Sarum Road between sports ground and pumping station; (e) at Pilch Lane/Gordon Drive/Broad Green/Court Hey/Childwall Valley Road; (f) to rear curtilages of properties in Finchams Road/Lordens Road; (g) to rear curtilages of properties in Southdean Road/Altfinch Close/Saxby Road; (h) in vicinity of Waterpark Drive/Marled Hey; and (i) to rear curtilages of properties in Copple House Lane/Ferrey Road/Edgemoor Drive.

(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 district (whether metropolitan or non-metropolitan) is divided into wards for the purposes of the election of district councillors (sections 6(2)(b) and

(5)

of the Local Government Act 1972).

(6)

Elections for parish councillors are conducted in accordance with the Representation of the People Act 1983 (c. 2), and the Local Elections (Parishes and Communities) Rules 1986/2215, which are made under section 36(2) of that Act.

(7)

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