REVIEW OF PRESERVED COUNTIES IN WALES

A GUIDANCE NOTE

2002

1. Introduction
2. Directions to the Commission
3. Preserved Counties
4. Procedure
5. Use of the Welsh Language

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1. INTRODUCTION

1.1 The Local Government Boundary Commission for Wales was established in 1974 under the Local Government Act 1972. Its role is to keep under review all local government areas in Wales, and the electoral arrangements for the principal areas, and to make such proposals to the Secretary of State for Wales (now the National Assembly for Wales) as seem desirable in the interests of effective and convenient local government.

1.2 The Local Government Act 1972 (the Act) established a two-tier system of local government in Wales. The Local Government (Wales) Act 1994 abolished the county and district councils established under the 1972 Act and replaced them with 22 new unitary authorities. The new structure took effect from 1 April 1996. From 1 July 1999 the functions of the Secretary of State for Wales (in relation to the Local Government Boundary Commission for Wales) were transferred to the National Assembly for Wales.

1.3 Under Section 56(1)(c) of the Act, the National Assembly for Wales may direct the Commission to conduct a review of any one or more preserved counties or parts of such counties. The National Assembly for Wales may also make regulations to prescribe the procedure by which the Commission conducts reviews (Section 60(6)). In consequence of such a review, the Commission may pursuant to Section 54(1A) of the 1972 Act make proposals to the National Assembly for Wales for effecting changes in the area of a preserved county which appear to the Commission to be desirable having regard, in particular, to the purposes for which the preserved counties are retained.

1.4 On 11 March 2002, the National Assembly for Wales directed the Commission to review the eight preserved counties in Wales. This guidance outlines the scope of the review and explains the procedures which the Commission will follow.

2. DIRECTIONS TO THE COMMISSION

2.1 A copy of the directions issued by the National Assembly for Wales can be found at Appendix 1.

3. PRESERVED COUNTIES

3.1 A ‘preserved county’ is defined by the Local Government (Wales) Act 1994 as follows:

“preserved county” means any county created by this Act as a county in Wales, as it stood immediately before the passing of the Local Government (Wales) Act 1994 but subject to any provision of the Act of 1994, or any provision made under this Act, redrawing its boundaries.

3.2 Details of the areas covered by the preserved counties can be found at Appendix 2 and a map of Wales showing the preserved counties can be found at Appendix 4.

3.3 The “preserved counties” were preserved by the Local Government (Wales) Act 1994 in order to define county areas for the purposes only of certain statutory provisions listed in Schedule 2 of the 1994 Act. The provisions concerned were found in the following statutes:

• The Lieutenancies Act 1997;

• The Sheriffs Act 1887;

• The Defence Act 1842;

• The Licensing Act 1964;

• The Sea Fisheries (Shellfish) Act 1967;

• The Interpretation Act 1978;

• The Justices of the Peace Act 1979;

• The Magistrates’ Courts Act 1980;

• The Representation of the People Act 1983;

• The Parliamentary Constituencies Act 1986; as well as

• The Local Government Act 1972.

A further description of the relevant provisions of these Acts can be found in summary form at Appendix 3.

4.PROCEDURE

4.1 Section 60 of the Act sets out the procedures to be adopted by the Commission when conducting reviews. The procedures are summarised below:

1. the Commission will give notice of their intention to conduct a review and consult all interested persons, including the local authorities and police authorities concerned, other public bodies and the general public, with a view to their making representations. The Commission are also required to publicise any relevant direction given by the National Assembly for Wales. To comply with this part of the Act, the Commission, in addition to writing to the bodies mentioned above, places advertisements in the Public Notices columns in local newspapers announcing the start of the review. The local authorities are provided with copies of these notices and asked to place them in public places such as libraries, community halls etc. in order to publicise the commencement of the review and to draw it to the attention of residents. The Commission also announces the start of a review on the Commission’s web site at www.lgbc-wales.gov.uk;

2. the Commission will consider all information and proposals received during this initial consultation period and publish their draft proposals, and invite comments on their recommendations. A reasonable period will be allowed for submission of comments on the draft proposals or for the submission of counter proposals;

3. a copy of their draft proposals report will be sent to all those who received a copy of the review commencement letter, and to those who made initial representations. The availability of the Commission’s draft proposals will be published in the local press and local authorities will be asked to place copies on deposit for public inspection. A copy of the draft proposals report is also published on the Commission’s web site;

4. exceptionally, the Commission may feel it appropriate to hold a public meeting or informal public inquiry to discuss their draft proposals, but will not do so as a matter of course. The Commission also has the power to cause a local inquiry to be held with respect to the review;

5. the Commission will consider all the information and representations made in response to their draft proposals before publishing their final proposals. As before, the local authority will be asked to place copies on deposit for public inspection, and advertisements will be placed in local newspapers. Copies will be sent to consultees and respondents and published on the Commission’s web site; and

6. the Commission’s final proposals will be forwarded to the National Assembly for Wales who may make an order, under Section 58 of the Act, giving effect to the Commission’s proposals either as submitted or with modifications. There will be a period of at least six weeks during which time representations on the Commission’s final proposals may be made direct to the National Assembly for Wales.

5. USE OF THE WELSH LANGUAGE

5.1 In carrying out their reviews the Commission will comply with the Commission’s Welsh Language Scheme approved by the Welsh Language Board in July 1998 which can be obtained from the offices of the Commission or viewed on the Commission’s web site at www.lgbc-wales.gov.uk

5.2 At least one member of the Commission is required by the 1972 Act to be able to speak Welsh.

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Appendix 1

The National Assembly for Wales

LOCAL GOVERNMENT ACT 1972 PART IV

REVIEW OF PRESERVED COUNTY BOUNDARIES

DIRECTION TO THE LOCAL GOVERNMENT BOUNDARY COMMISSION FOR WALES

1. In this Direction –

“the Act” means the Local Government Act 1972;

“the Commission” means the Local Government Boundary Commission for Wales;

“the Assembly” means the National Assembly for Wales; and

“preserved county” has the meaning given to it in section 270(1) of the Act.

2. By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the powers conferred on the Secretary of State by sections 54 and 56 of the Act are vested in the Assembly so far as exercisable in Wales.

3. Pursuant to section 56(1) of the Act the Assembly directs the Commission to conduct a review of the boundaries of those preserved counties of Wales listed in the attached Schedule.

Edwina Hart

Minister for Local Government, Finance and Communities

11 March 2002

SCHEDULE

THE PRESERVED COUNTIES AND THEIR AREAS

Clwyd

The county of Clwyd but excluding the communities of Llanrhaedr-ym-Mochnant Llansilin and Llangedwyn

Dyfed

The county of Dyfed

Gwent

The county of Gwent

Gwynedd

The county of Gwynedd

Mid Glamorgan

The county of Mid Glamorgan but excluding the communities of Wick, St Bride’s Major Ewenny and Pentyrch

Powys

The county of Powys with the addition of the communities of Llanrhaeadr-Ym-Mochnant, Llansilin and Llangedwyn from the county of Clwyd

South Glamorgan

The county of South Glamorgan with the addition of the communities of Wick, St Bride’s Major, Ewenny and Pentyrch from the county of Mid Glamorgan

West Glamorgan

The county of West Glamorgan

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Appendix 2

The Preserved Counties And Their Areas

The Local Government (Wales) Act 1994 defined the areas of the preserved counties as follows:

* The boundary between the preserved counties of Mid Glamorgan and South Glamorgan was amended by The Bridgend and The Vale of Glamorgan (Areas) Order 1996.

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Appendix 3

PROVISIONS APPLYING TO PRESERVED COUNTIES

1. The Lieutenancies Act 1997

A Lord-Lieutenant is appointed by the Crown for each county in England, each county in Wales and each area in Scotland. The counties in Wales for the purposes of the 1997 Act are the preserved counties. The Lord-Lieutenant acts as the Queen’s representative who manages the Queen’s civic affairs and arranges royal visits.

2. The Sheriffs Act 1887

The Act provides for the appointment of Sheriffs (known when appointed for a county as High Sheriffs) to carry out certain functions to do with the administration of justice, as well as ceremonial functions. The counties in Wales for the purposes of the annual appointment of a Sheriff are the preserved counties.

3. The Defence Act 1842

In Section 19 of the Defence Act 1842 (valuing of premises in default of agreement) and in Sections 23 and 24, “county” in relation to Wales means a preserved county.

4. The Licensing Act 1964

In Section 85 (parties organised for gain), 188 (closing of licensed premises in case of riot) and 193 (disqualification of justices) of the Licensing Act 1964, “county” in relation to Wales means a preserved county.

5. The Sea Fisheries (Shellfish) Act 1967

In Section 10 of the Sea Fisheries (Shellfish) Act 1967 (jurisdiction in relation to fishery) in relation to Wales, the reference to a county includes a reference to a preserved county.

6.The Interpretation Act 1978

In Schedule 1 to the Interpretation Act 1978 (words and expressions defined), “Wales” is defined as ‘the combined area of the counties which were created by Section 20 of the Local Government Act 1972, as originally enacted, but subject to any alteration made under Section 73 of that Act (consequential alteration of boundary following alteration of watercourse).’

7. The Justices of the Peace Act 1979

In Section 1 of the Justices of the Peace Act 1979 (commission areas), Section 4 of that Act (petty sessions areas) and Section 19 of that Act (general provisions as to magistrates’ courts committees), references to counties are in relation to Wales references to preserved counties.

8. The Magistrates’ Courts Act 1980

In Section 1 (issue of summons to accused or warrant for his arrest), Section 2 (jurisdiction to deal with charges) and Section 3 (offences committed on boundaries etc.) of the Magistrates’ Courts Act 1980, references to counties are in relation to Wales references to preserved counties.

9. The Representation of the People Act 1983

In the provisions of section 177 of the Representation of the People Act 1983 (local election offence punishable summarily), “county” in relation to Wales means a preserved county. In Schedule 1 to that Act (parliamentary election rules), in the Appendix, in the entry relating to the form of the certificate to be endorsed on the writ, in relation to any constituency in Wales “county” in this form refers to a preserved county.

10. The Parliamentary Constituencies Act 1986

In paragraph 4 sub-paragraph (1)(a) of Schedule 2 to the Parliamentary Constituencies Act 1986 (rules for redistributing seats), “county” means in relation to Wales a preserved county.

11. The Local Government Act 1972 (as amended by the Local Government (Wales) Act 1994 and The National Assembly for Wales (Transfer of Functions) Order 1999)

Sub-section (1A) of Section 54 of this Act (proposals for changes in local government areas in Wales) provides “The Welsh Commission may, in consequence of a review conducted by them under this Part of this Act make proposals to the National Assembly for Wales for effecting changes in the area of a preserved county which appear to the Commission to be desirable having regard, in particular, to the purposes for which the preserved counties are retained.”

Section 56(1) of this Act (power of the National Assembly for Wales to direct holding of reviews) provides :

“(1) The National Assembly for Wales may direct the Welsh Commission to conduct a review of-

1. Wales as a whole,
2. any one or more local government areas or parts of such areas in Wales, or
3. any one or more preserved counties or parts of such counties,

for the purpose of considering whether or not to make such proposals in relation to the area reviewed as are authorised by section 54 above and what proposals, if any, to make; and the Commission shall, if they think fit, formulate such proposals accordingly.”

In Section 224 of this Act (arrangements by principal councils for custody of documents) “county”, in relation to Wales, means a preserved county.

In Section 269 of this Act (meaning of “England” and “Wales”), “Wales” means the combined area of the preserved counties and “England” does not include any area which is included in any of the preserved counties.

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