PART 3ARRANGEMENTS FOR LOCAL GOVERNMENT

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.