1996 No. 494
The Cardiff (St. Mellons Community) Order 1996
Made
Coming into force
for the purposes described in article 1(2)
for all other purposes
Whereas the Cardiff City Council, acting pursuant to section 55(2) of the Local Government Act 19721, has made recommendations to the Local Government Boundary Commission for Wales for proposals in relation to the community of St. Mellons in the City of Cardiff;
And whereas the said Commission has seen fit, pursuant to sections 54(1) and 58(1) of that Act, on the 22nd September 1995, to make the recommended proposals to the Secretary of State for Wales;
And whereas the Secretary of State for Wales has decided to give effect to those proposals without modification;
And whereas more than 6 weeks have elapsed since those proposals were made;
Now, therefore, the Secretary of State for Wales, in exercise of his powers under section 58(2) of that Act and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and commencement1
1
This Order may be cited as the Cardiff (St. Mellons Community) Order 1996.
2
This Order shall come into force on 15th March 1996 for any purpose set out in regulation 4(1) (Coming into operation of order) of the 1976 Regulations.
3
For all other purposes this Order shall come into force on the appointed day.
Interpretation2
In this Order—
“the appointed day” means 1st April 1996;
“the map” means the map issued by the Welsh Office and marked “Map referred to in the Cardiff (St. Mellons Community) Order 1996”;
“the 1976 Regulations” means the Local Government Area Changes Regulations 19762.
Changes in community areas3
1
The part of the community of St. Mellons which is shown cross-hatched in black on the map shall be separated from that community and shall constitute a new community to be known as Pontprennau.
2
The remainder of the area of the community of St. Mellons, being the area hatched in black on the map, shall be known as Old St. Mellons.
Community Council3
As from the appointed day the number of councillors for the community of Old St. Mellons shall be 9 and the community shall not be divided into wards.
Councillors4
1
Any casual vacancy which exists on 15th March 1996 or occurs before the appointed day in the office of community councillor for the Llanedeyrn ward of the community of St. Mellons shall (except where notice of the election has at 15th March 1996 already been given) not be filled. Any person in office at the appointed day in such office shall retire from office on that day.
2
Any person in office on the appointed day as a community councillor for the Old St. Mellons ward of the community formerly known as St. Mellons shall represent the community of Old St. Mellons and shall retire on the fourth day after the ordinary day of election of community councillors in 1999.
Cemetries5
1
In relation to the St Edeyrn’s Church Cemetery—
a
any inhabitants of the new community of Pontprennau ( “the Pontprennau inhabitants”) shall be entitled to the same rights of burial as the inhabitants of the community of Old St. Mellons ( “the Old St. Mellons inhabitants”);
b
any provisions in relation to inhabitants in any table of fees in force in respect of the cemetery shall apply to the Pontprennau inhabitants as they apply to the Old St. Mellons inhabitants;
c
no differential charges shall be imposed on the Pontprennau inhabitants.
2
Subject to paragraph (1), any provisions in relation to the inhabitants of the existing community of St. Mellons in any table of fees in force in respect of the cemetery shall apply to the Old St. Mellons inhabitants.
3
Paragraphs (2) to (4) of regulation 35 of the 1976 Regulations shall not apply.
Local Acts, orders and byelaws6
The existing community of St. Mellons is hereby specified in relation to regulation 41(4) (Local Acts, orders and byelaws) of the 1976 Regulations and the new community of Pontprennau and the community of Old St. Mellons are hereby specified in relation to the said existing community.
Signed by the authority of the Secretary of State for Wales.
(This note is not part of the Order)