The West Midlands (District Boundaries) Order 1988

Statutory Instruments

1988 No. 315

LOCAL GOVERNMENT, ENGLAND AND WALES

CHANGES IN LOCAL GOVERNMENT AREAS

The West Midlands (District Boundaries) Order 1988

Made

22nd February 1988

Laid before Parliament

4th March 1988

Coming into force—

for the purposes referred to in article 1(2)

25th March 1988

for all other purposes

1st April 1988

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 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 West Midlands (District Boundaries) Order 1988.

(2) This Order shall come into force on 25th March 1988 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976(2).

(3) For all other purposes this Order shall come into force on 1st April 1988.

Interpretation

2.  In this Order—

“borough ward” means a ward of the Borough of Solihull;

“boundary map” means one of the 3 maps prepared by the Department of the Environment, marked “Maps of the West Midlands (District Boundaries) Order 1988”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;

“city ward” means a ward of the City of Birmingham.

Transfers from the City of Birmingham to the Borough of Solihull

3.—(1) The part of the City of Birmingham which is marked Area B on boundary map 1 shall be transferred to—

(a) the Borough of Solihull;

(b) the Castle Bromwich borough ward; and

(c) the Solihull petty sessional division

and shall become part of the parish of Castle Bromwich and the Bradford ward of that parish.

(2) The parts of the City of Birmingham which are marked Areas F to L on boundary map 2 shall be transferred to—

(a) the Borough of Solihull;

(b) the Fordbridge borough ward; and

(c) the Solihull petty sessional division

and shall become part of the parish of Fordbridge.

(3) The part of the City of Birmingham which is marked Area E on boundary map 3 shall be transferred to the Borough of Solihull, to the Elmdon borough ward, and to the Solihull petty sessional division.

Transfers from the Borough of Solihull to the City of Birmingham

4.—(1) The part of the Borough of Solihull and of the parish of Castle Bromwich which is marked Area A on boundary map 1 shall be transferred to—

(a) the City of Birmingham;

(b) the Sutton New Hall city ward; and

(c) the City of Birmingham petty sessional division

and shall cease to form part of any parish.

(2) The parts of the Borough of Solihull and of the parish of Fordbridge which are marked Areas M to R on boundary map 2 shall be transferred to—

(a) the City of Birmingham;

(b) the Shard End city ward; and

(c) the City of Birmingham petty sessional division

and shall cease to form part of any parish.

(3) The parts of the Borough of Solihull which are marked Area C and Area D on boundary map 3 shall be transferred to the City of Birmingham, to the Sheldon city ward, and to the City of Birmingham petty sessional division.

Town and Country Planning

5.  Any provision of a local plan adopted by the council of a district which apply immediately before 1st April 1988 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan adopted by the council of the district to which that area is transferred.

Differential rating

6.—(1) The amount in the pound of the general rate chargeable in any year in respect of any existing hereditament in the areas transferred to the City of Birmingham by article 4 of this Order shall, until that amount is greater than the amount in the pound of the general rate chargeable in the year in respect of hereditaments in any other area of the City (“the Birmingham poundage”), be the sum of—

(a) the amount in the pound of the general rate chargeable in respect of those existing hereditaments for the preceding year;

(b) the amount by which the Birmingham poundage increased over that for the preceding year; and

(c) 10.9p.

(2) Upon the amount calculated in accordance with paragraph (1) in any year being greater than the Birmingham poundage for the year, the amount in the pound of the general rate for that and future years in respect of the existing hereditaments shall be the Birmingham poundage.

(3) In this article “existing hereditament” means a hereditament which immediately before 1st April 1988 was included in the valuation list for the area transferred by article 4 of this Order and “general rate” does not include any such additional item as is mentioned in section 2(4)(a) of the General Rate Act 1967(3).

Signed by authority of the Secretary of State

Christopher Chope

Parliamentary Under Secretary of State,

Department of the Environment

22nd February 1988

Explanatory Note

(This note is not part of the Order)

This Order makes transfers between the City of Birmingham and the Borough of Solihull. It affects the parishes of Castle Bromwich and Fordbridge in the Borough of Solihull. Consequential changes to local government electoral areas are made.

The map forming part of this note (page 4) gives a general guide to the areas affected. Prints of the detailed boundary map (described in article 2) may be inspected at all reasonable times at the offices of the Borough and City councils and at the office of the Secretary of State for the Environment, 2 Marsham Street, London SW1P 3EB.

The areas transferred from the City of Birmingham to the Borough of Solihull have approximately an area of 18.4 hectares, a population of 335 and a rateable value of £11,195. The areas transferred from the Borough of Solihull to the City of Birmingham have approximately an area of 160.8 hectares, a population of 207 and a rateable value of £48,854.

The Local Government Area Changes Regulations 1976 (S.I. 1976/246, amended by S.I. 1978/247) 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)

1967 c. 9.