The Monmouthshire (Communities) Order 2022

Welsh Statutory Instruments

2022 No. 279 (W. 80)

Local Government, Wales

The Monmouthshire (Communities) Order 2022

Made

11 March 2022

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) (“the 1972 Act”), submitted to the Welsh Ministers(3) a report dated January 2019 containing its recommendations for change and the details of a review of community arrangements within the County of Monmouthshire conducted by Monmouthshire County Council.

The Welsh Ministers have decided to give effect to the Commission’s recommendations without modification.

In accordance with section 58(2) of the 1972 Act, more than 6 weeks have elapsed since those recommendations were submitted to the Welsh Ministers.

The Welsh Ministers make the following Order in exercise of their powers conferred on the Secretary of State by section 58(2) of the 1972 Act, and now vested in them, so far as exercisable in relation to Wales.

Title and commencement E+W

1.—(1) The title of this Order is the Monmouthshire (Communities) Order 2022.

(2) For any purpose set out in regulation 4(1) of the Regulations, this Order comes into force on 15 March 2022.

(3) For all other purposes, this Order comes into force immediately after 23.59 hours on the day before the ordinary day of election of councillors in 2022(4).

Commencement Information

I1 Art. 1 in force at 15.3.2022 for specified purposes, see art. 1(2)

I2 Art. 1 in force at 4.5.2022 immediately after 23.59, see art. 1(3)

Interpretation E+W

2.—(1) In this Order—

“electoral ward” (“ward etholiadol”) means any area for which councillors are elected to Monmouthshire County Council;

“map” (“map”) means the map marked “Map of the Monmouthshire (Communities) Order 2022” deposited in accordance with regulation 5 of the Regulations;

“the Regulations” (“y Rheoliadau”) means the Local Government Area Changes Regulations 1976(5);

where a boundary is shown on the 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.

(2) The provisions in this Order take precedence over any conflicting provision in any previous order made under section 58(2) of the Local Government Act 1972 or order made under section 38(1) or 39(1) of the Local Government (Democracy) (Wales) Act 2013(6).

Commencement Information

I3 Art. 2 in force at 15.3.2022 for specified purposes, see art. 1(2)

I4 Art. 2 in force at 4.5.2022 immediately after 23.59, see art. 1(3)

Community of Caldicot — changes in community ward boundaries and consequential changes to electoral wards E+W

3.  The area shown hatched on the map—

(a) is transferred from The Village ward of the community of Caldicot to the Caldicot Cross ward of the community of Caldicot;

(b) forms part of the electoral ward of Caldicot Cross.

Commencement Information

I5 Art. 3 in force at 15.3.2022 for specified purposes, see art. 1(2)

I6 Art. 3 in force at 4.5.2022 immediately after 23.59, see art. 1(3)

Rebecca Evans

Minister for Finance and Local Government, one of the Welsh Ministers

11 March 2022

EXPLANATORY NOTE

(This note is not part of the Order)

The Local Democracy and Boundary Commission for Wales (“the Commission”) reported in January 2019 on a review of community arrangements in the County of Monmouthshire conducted by Monmouthshire County Council. The Commission’s Report recommended changes to the existing boundaries of communities within the area of Monmouthshire County Council and consequential changes to electoral arrangements.

The Commission’s proposals have been largely implemented by the Welsh Ministers in the Monmouthshire (Communities) Order 2021 (“the 2021 Order”).

Article 3 of this Order takes precedence over article 42 of the 2021 Order (insofar as that article relates to the transfer of area from the Green Lane ward of the community of Caldicot to The Village ward of the community of Caldicot), in order to give full effect to the Commission’s proposals.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.

Prints of the map to which this Order relates are deposited in the office of the Welsh Government at Cathays Park, Cardiff, CF10 3NQ (Local Government Democracy Division), and with Monmouthshire County Council. Prints deposited with Monmouthshire County Council are open to inspection by anyone affected by the provisions of this Order.

(1)

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”). The 2013 Act re-names the Local Government Boundary Commission for Wales as the Local Democracy and Boundary Commission for Wales (see section 2).

(2)

1972 c. 70. Sections 54 and 58 of the 1972 Act were repealed by section 73 of, and Schedule 2 to, the 2013 Act but were saved by section 74 of the 2013 Act in relation to a review being conducted under the 1972 Act when the 2013 Act came into force.

(3)

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 paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(4)

The Local Authorities (Change to the Years of Ordinary Elections) (Wales) Order 2019 (S.I. 2019/1269 (W. 220)) amends section 26(1) of the 1972 Act to provide that the year in which the ordinary elections of councillors of local authorities shall take place is 2022 instead of 2021.

(5)

S.I. 1976/246, to which there are amendments not relevant to this Order.

(6)

2013 anaw 4.