The Lothian and Borders Regions and Midlothian and Ettrick and Lauderdale Districts (Brothershiels) Boundaries Amendment Order 1989

Statutory Instruments

1989 No. 235 (S.23)

LOCAL GOVERNMENT, SCOTLAND

CHANGES IN LOCAL GOVERNMENT AREAS

The Lothian and Borders Regions and Midlothian and Ettrick and Lauderdale Districts (Brothershiels) Boundaries Amendment Order 1989

Made

16th February 1989

Laid before Parliament

2nd March 1989

Coming into force

1st April 1989

Whereas under section 17(1) of the Local Government (Scotland) Act 1973( (1)) the Local Government Boundary Commission for Scotland on 15th March 1988 submitted to the Secretary of State a report on a review conducted under section 14(2) of that Act in which they made proposals for the transfer of a certain area between Midlothian District in Lothian Region and Ettrick and Lauderdale District in Borders Region and in which they also made proposals for changes in electoral arrangements consequential on those changes in local government areas;

Now, therefore, in exercise of the powers conferred on him by section 17(2) of the said Act, and of all other powers enabling him in that behalf, the Secretary of State hereby makes the following Order to give effect to the proposals of the Local Government Boundary Commission for Scotland as submitted to him:

Title and commencement

1.  This Order may be cited as the Lothian and Borders Regions and Midlothian and Ettrick and Lauderdale Districts (Brothershiels) Boundaries Amendment Order 1989, and shall come into force on 1st April 1989.

Interpretation

2.  In this Order—

“the 1977 Regulations” means the Local Government Area Changes (Scotland) Regulations 1977( (2)); and

“boundary map” means the map prepared by the Scottish Office marked “The Lothian and Borders Regions and Midlothian and Ettrick and Lauderdale Districts (Brothershiels) Boundaries Amendment Order 1989 Map” and deposited in accordance with regulation 3 of the 1977 Regulations;

and, in the Schedule to this Order, any reference to a boundary of a region is a reference to a boundary existing immediately before the commencement of this Order.

Application of Regulations

3.  Save insofar as they can have no application in relation to the area change effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.

Area change

4.  Part of Midlothian District at Brothershiels in Lothian Region, being the area described in the Schedule to this Order and shown delineated and hatched on the boundary map, shall be transferred to Ettrick and Lauderdale District in Borders Region.

Consequential changes of electoral arrangements

5.  The area described in the Schedule to this Order (being the area transferred by article 4 of this Order)—

(a) shall cease to form part of electoral division 44 (Mayfield/Gorebridge) of Lothian Region( (3)) and of ward 15 (Pathhead) of Midlothian District( (4)); and

(b) shall form part of electoral division 8 (Galawater/Lauder) of Borders Region( (5)) and of ward 9 (Lauder) of Ettrick and Lauderdale District( (6)).

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

16th February 1989

Articles 2, 4 and 5

SCHEDULE

The area bounded by a line commencing at a point on the regional boundary grid reference NT 4109 5609 on the north side of the access road to property known as Brothershiels thence eastwards along the north side of the said access road to a point at the south-east corner of a farm out-building grid reference NT 4198 5594; then northwards along the west side of a farm track to a point grid reference NT 4197 5600; then eastwards across that track, and thereafter by fence line and wall, continuing eastwards, southwards and again eastwards to a point on a wall running alongside the Brothershiels Burn grid reference NT 4219 5597; then generally northeastwards along the wall to a point grid reference NT 4330 5731; then continuing northeastwards by fence line to a point grid reference NT 4388 5776; then southeastwards by fence line to a point on the north side of the B6368 Road grid reference NT 4450 5731; then northeastwards along the west side of the B6368 Road to its junction with the A68 trunk road; thereafter in a straight line across the trunk road to a point on its northern boundary grid reference NT 4556 5932; then northeastwards, then southeastwards along the eastern boundary of the trunk road to rejoin the regional boundary at a point grid reference NT 4697 5869; then generally southwestwards, then northwards along the regional boundary to the point of commencement.

Explanatory Note

(This note is not part of the Order)

This Order transfers an area of approximately 2216 acres at Brothershiels from Midlothian District in Lothian Region to Ettrick and Lauderdale District in Borders Region and makes consequential changes to electoral arrangements.

The map annexed to and forming part of this note gives a general guide to the area affected by this Order as from 1st April 1989.

Copies of the detailed boundary map defined in article 2 of this Order may be inspected at the offices of any of the local authorities referred to in this Order, and may be inspected at or purchased from the Scottish Development Department’s Map Library, New St. Andrew’s House, St. James Centre, Edinburgh EH1 3SZ.

(1)

1973 c. 65

(2)

S.I. 1977/8

(3)

The electoral divisions of Lothian Region were constituted by S.I. 1978/418, to which there are amendments not relevant to this Order.

(4)

The wards of Midlothian District were constituted by S.I. 1979/1097, to which there are amendments not relevant to this Order.

(5)

The electoral divisions of Borders Region were constituted by S.I. 1977/1985, to which there are amendments not relevant to this Order.

(6)

The wards of Ettrick and Lauderdale District were constituted by S.I. 1979/83