Statutory Instruments

1993 No. 444

LOCAL GOVERNMENT, ENGLAND AND WALES

CHANGES IN LOCAL GOVERNMENT AREAS

The Derbyshire and Nottinghamshire (County Boundaries) Order 1993

Made

25th February 1993

Laid before Parliament

8th 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) 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, 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, 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 Derbyshire and Nottinghamshire (County 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.

Transfers from Nottinghamshire (Bassetlaw) to Derbyshire (Bolsover)

2.-(1) In this article, "the map" means the map prepared by the Department of the Environment, marked "Map of the Derbyshire and Nottinghamshire (County Bound aries) Order 1993", and deposited in accordance with regulation 5 of the Local Government (Area Changes) Regulations 1976.

(2) The areas which are marked A, B and C on the map shall be transferred from the county of Nottinghamshire, the district of Bassetlaw, and the parish of Nether Langwith to-

(a)the county of Derbyshire;

(b)the Scarcliffe electoral division of that county(3);

(c)the district of Bolsover;

(d)the Scarcliffe North ward of that district(4);

(e)the parish of Scarcliffe; and to

(f)the Chesterfield petty sessional division and the Scarsdale 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

Robin Squire

Parliamentary Under Secretary of State,

Department of the Environment

25th February 1993

Explanatory Note

(This note is not part of the Order)

This Order transfers three small areas at Whaley Thorns from Nottinghamshire, from the district of Bassetlaw, and from the parish of Nether Langwith to Derbyshire, to the district of Bolsover, and to the parish of Scarcliffe. One area transferred lies between French Terrace and Cockshut Lane, and the other to the east of Whaley Thorns Primary School and the north-east of Woodlands View. In approximate terms, the areas transferred consists of less than 1 hectare, and have a population of 13. 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 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.

(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 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.