The Borders and Lothian Regions and Tweeddale and Midlothian Districts (Carlops) Boundaries Amendment Order 1990

Statutory Instruments

1990 No. 294 (S.27)

LOCAL GOVERNMENT, SCOTLAND

CHANGES IN LOCAL GOVERNMENT AREAS

The Borders and Lothian Regions and Tweeddale and Midlothian Districts (Carlops) Boundaries Amendment Order 1990

Made

15th February 1990

Laid before Parliament

28th February 1990

Coming into force

1st April 1990

Whereas under section 17(1) of the Local Government (Scotland) Act 1973(1) the Local Government Boundary Commission for Scotland on 15th May 1989 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 from Midlothian District in Lothian Region to Tweeddale District in Borders Region and in which they also made proposals for changes in electoral arrangements consequential on that change 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 Borders and Lothian Regions and Tweeddale and Midlothian Districts (Carlops) Boundaries Amendment Order 1990 and shall come into force on 1st April 1990.

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 Borders and Lothian Regions and Tweeddale and Midlothian Districts (Carlops) Boundaries Amendment Order 1990 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 the 1977 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 Paties Mill in the vicinity of Carlops 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 Tweeddale 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 40 (Penicuik) of Lothian Region(3) and of ward 1 (Penicuik South West) of Midlothian District(4); and

(b) shall form part of electoral division 3 (West Tweeddale) of Borders Region(5) and of ward 8 (Linton) of Tweeddale District(6).

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

Edinburgh

15th February 1990

Articles 2, 4 and 5

SCHEDULE

The area bounded by a line commencing on the Lothian/Borders regional boundary at a point grid reference NT 1602 5619 on the River North Esk; then generally northwards, eastwards and southwards by fenceline, which forms the curtilage boundary of property known as Paties Mill on the north side of the River North Esk, to rejoin the said regional boundary at a point grid reference NT 1612 5619 on the River North Esk; then generally westwards along the said regional boundary to the point of commencement.

Explanatory Note

(This note is not part of the Order)

This Order transfers on 1st April 1990 an area of approximately 0.35 hectare at Paties Mill in the vicinity of Carlops from Midlothian District in Lothian Region to Tweeddale 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.

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 Tweeddale District were constituted by S.I. 1979/84.