The City and County of Cardiff (Communities) Order 2016

Welsh Statutory Instruments

2016 No. 1155 (W. 277)

Local Government, Wales

The City and County of Cardiff (Communities) Order 2016

Made

28 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 22 February 2016 on its review of, and proposals for change in, the community arrangements in the City and County of Cardiff.

The Welsh Ministers have agreed to give effect to the Commission’s proposals with 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).

Title and commencement

1.—(1) The title of this Order is the City and County of Cardiff (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).

Interpretation

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 nine maps marked “Map of the City and County of Cardiff (Communities) Order 2016” deposited in accordance with regulation 5 of the Regulations, labelled “A” to “I” 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.

Local government area changes

3.  Changes are made in the local government area of the City and County Council of Cardiff in accordance with the following provisions of this Order.

Cyncoed and Pentwyn - change to community areas and consequential change to electoral divisions

4.—(1) The part of the community of Cyncoed shown hatched on Map A—

(a)is transferred to the community of Pentwyn; and

(b)forms part of the electoral division of Pentwyn.

(2) The part of the community of Pentwyn shown cross-hatched on Map A—

(a)is transferred to the community of Cyncoed; and

(b)forms part of the electoral division of Cyncoed.

Llanishen and Cyncoed - change to community areas and consequential change to electoral divisions

5.  The part of the community of Llanishen shown hatched on Map B—

(a)is transferred to the community of Cyncoed; and

(b)forms part of the electoral division of Cyncoed.

Llanishen – creation of the new community of Thornhill

6.  The new community of Thornhill is created and—

(a)comprises the area shown hatched on Map C; and

(b)forms part of the electoral division of Llanishen.

Llanrumney and Rumney - change to community areas and consequential change to electoral divisions

7.  The part of the community of Llanrumney shown hatched on Map D—

(a)is transferred to the community of Rumney; and

(b)forms part of the electoral division of Rumney.

Pentwyn and Cyncoed - change to community areas and consequential change to electoral divisions

8.  The part of the community of Pentwyn shown hatched on Map E—

(a)is transferred to the community of Cyncoed; and

(b)forms part of the electoral division of Cyncoed.

Pentwyn and Cyncoed - creation of the new community of Llanedeyrn

9.  The new community of Llanedeyrn is created and—

(a)comprises the area shown hatched on Map F; and

(b)forms part of the electoral division of Pentwyn.

Riverside – creation of the new community of Pontcanna

10.  The new community of Pontcanna is created and—

(a)comprises the area shown hatched on Map G; and

(b)forms part of the electoral division of Riverside.

Splott – creation of the new community of Tremorfa

11.  The new community of Tremorfa is created and—

(a)comprises the area shown hatched on Map H; and

(b)forms part of the electoral division of Splott.

Trowbridge and Rumney - change to community areas and consequential change to electoral divisions

12.  The part of the community of Trowbridge shown hatched on Map I—

(a)is transferred to the community of Rumney; and

(b)forms part of the electoral division of Rumney.

Carwyn Jones

First Minister of Wales

28 November 2016

EXPLANATORY NOTE

(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, with modification, to proposals of the Local Democracy and Boundary Commission for Wales (“the Commission”). The Commission reported in February 2016 on its review of community arrangements for the City and County of Cardiff. 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 boundaries between the communities of Cyncoed and Pentwyn, Llanishen and Cyncoed, Llanrumney and Rumney, and Trowbridge and Rumney.

This Order also creates the following new communities: Thornhill within the existing community of Llanishen, Llanedeyrn within the existing communities of Pentwyn and Cyncoed, Pontcanna within the existing community of Riverside, and Tremorfa within the existing community of Splott.

Consequential changes are made to the electoral divisions within the communities of Cyncoed, Pentwyn, Llanishen, Llanrumney, Rumney and Trowbridge.

Prints of the boundary maps A to I to which this Order relates are deposited and may be inspected during normal office hours at the offices of Cardiff City and County Council, and at the offices of the Welsh Government at Cathays Park, Cardiff, CF10 3NQ (Local Government Democracy Division).

(1)

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.

(2)

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.

(3)

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.

(4)

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).

(5)

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.