The Preseli (Communities) Order 1987

• Citation: S.I. 1987/124
• Sections: 17

Section 1 Title and commencement

This order may be cited as the Preseli (Communities) Order 1987.

Section 2 Title and commencement

(1) 10th February 1987 is hereby specified as the day on which this order shall come into force for any purposes set out in regulation 4(1) (Coming into operation of order) of the Regulations as modified by paragraph (2).

For all other purposes this order shall come into force on the appointed day.

(2) In the said regulation 4(1), item (e) shall not apply in relation to the constitution of any new community council.

Section 3 Interpretation

In this order—

“the District” means the district referred to in the recitals to this order and “the District Council” means the council of the District;

“the appointed day” means 1st April 1987;

“as altered” means as altered by the Ceredigion (Communities) Order 1986 and the Carmarthen (Communities) Order 1986;

“the Bishops and Clerks” means the islets and rocks of Carreg Rhoson, Carreg-trai, Cribog, Daufraich, Llechau-isaf, Llechau-uchaf, Maen Daufraich, Maen Rhoson, Moelyn, North Bishop and South Bishop and the rocks adjoining them;

“new community” means a community constituted by this order;

“new community council” means a community council established by this order;

“new community ward” means a community ward formed by this order;

“the Regulations” means the Local Government Area Changes Regulations 1976 as amended by the Local Government Area Changes (Amendment) Regulations 1978; and

“Schedule 1” and “Schedule 2” mean Schedule 1 and Schedule 2 to this order.

Section 4 The boundary map

(1) In this order, “the boundary map” means the map issued by the Welsh Office and marked “Boundary map of the Preseli (Communities) Order 1987”. The sheets of the boundary map are respectively marked with the numbers 1 to 74.

(2) Regulation 5(3)(a)(ii) of the Regulations (which requires the supply of prints of maps referred to in orders to the Secretary of State for Social Services) shall not apply.

Section 5 Extension of district

The Bishops and Clerks, in so far as not already included in the District, shall be so included.

Section 6 Communities

In the District as altered—

(1) the seventeen communities of Ambleston, Burton, Dale, Fishguard and Goodwick, Freystrop, Haverfordwest, Johnston, Letterston, Llandissilio West, Llangwm, Llanstadwell, Manordeifi, Mathry, Newport, Neyland, Rosemarket and Spittal shall continue;

(2) the three communities of St. Dogmaels Rural, St. Ishmaels and Steynton shall continue but shall be renamed and are hereinafter referred to as St. Dogmaels, St. Ishmael’s and Tiers Cross respectively;

(3) the eighty-four existing communities of Bayvil, Bletherston, Boulston, Brawdy, Bridell, Camrose, Capel Colman, Castellan, Castlebythe, Cathedral Close of St. David's, Cilgerran, Clarbeston, Clydey, Dinas, Eglwys Wen, Eglwyswrw, Fishguard South, Granston, Hamlet of St. Martin, Hamlet of St. Thomas, Haroldston St. Issells, Haroldston West, Hasguard, Hayscastle, Henry’s Moat, Herbrandston, Hubberston, Jordanston, Lambston, Little Newcastle, Llandeilo Llwydarth, Llandeloy, Llanfair-Nant-Gwyn, Llanfair-Nant-y-Gôf, Llanfihangel Penbedw, Llanfyrnach, Llangolman, Llanhowell, Llanllawer, Llanreithan, Llanrian, Llanstinan, Llantood, Llanwnda, Llanycefn, Llanychaer, Llanychlwydog, Llys-y-frân, Maenclochog, Manorowen, Marloes, Meline, Milford Haven, Monington, Morvil, Moylgrove, Mynachlog-ddu, Nevern, New Moat, Nolton, North Prendergast, Penrydd, Pontfaen, Puncheston, Robeston West, Roch, Rudbaxton, St. Brides, St. Davids, St. Dogwells, St. Edrins, St. Elvis, St. Lawrence, St. Nicholas, Talbenny, Treffgarne, Uzmaston, Vorlan, Walton East, Walton West, Walwyn’s Castle, West Cilrhedyn, Whitchurch and Wiston shall be abolished;

(4) thirty-two new communities to be known as Boncath, Brawdy, Camrose, Cilgerran, Clydey, Crymych, Cwm Gwaun, Dinas Cross, Eglwyswrw, Hayscastle, Herbrandston, Llanrhian, Maenclochog, Marloes and St. Brides, Merlin’s Bridge, Milford, Mynachlog-Ddu, Nevern, New Moat, Pencaer, Puncheston, Roch, Rudbaxton, St. Davids and the Cathedral Close, Scleddau, Solva, The Havens, Trecw®n, Uzmaston and Boulston, Walwyn’s Castle, Wiston and Wolfscastle shall be constituted;

(5) the communities named in paragraphs (1), (2) and (4) shall, subject to the provision of paragraphs (6), (7) and (8), consist of the areas shown by the relevant continuous red lines on the boundary map;

(6) the Bishops and Clerks shall be included in the new community of St. Davids and the Cathedral Close;

(7) any attribution on the boundary map of an island, rock or sandbank to a community named in paragraph (1), (2) or (4) or to a ward of such a community shall have effect;

(8) any island, rock or sandbank forming part of an existing community in the District which is not expressly shown on the boundary map as part of a community named in paragraph (1), (2) or (4) shall form, or continue to form, part of such a community (and if that community is divided into wards of the ward) nearest to which any part of such island, rock or sandbank lies; and

(9) paragraph (6) shall not be construed as affecting the generality of paragraphs (7) and (8).

Section 7 Electoral divisions and district wards

The Bishops and Clerks, in so far as not already included in any electoral division of the County of Dyfed or ward of the District, shall be included in the Haverfordwest Rural No. 1 electoral division of the said county and the No. 23 ward of the District.

Section 8 Community councils

(1) The community council of any community, and the common community council of any communities, named in paragraph (3) of article 6 shall be dissolved.

(2) The community wards of the communities of Fishguard and Goodwick, and Milford Haven shall be abolished.

(3) There shall be a community council for each new community.

(4) From the appointed day to 11th May 1987—

(a) any person in office immediately before the appointed day as councillor for a community named or described in column (1) of Schedule 1, or a ward thereof, shall be a councillor of the community specified in respect of such community in column (2);

(b) the Community Council of Boncath, Cwm Gwaun or Trecw®n shall consist of the district councillors for the wards wholly or partly containing the area of the community.

(5) As from 11th May 1987—

(a) the communities in respect of which new community wards are named in column (2) of Schedule 2 shall be divided into such wards, such wards consisting, subject to the provision of paragraphs (7) and (8) of article 6, of the areas shown by the relevant continuous green lines on the boundary map;

(b) the number of councillors for each community named in column (1) of Schedule 2 not divided into community wards, and for each new community ward, shall be that shown in respect thereof in column (3).

(6) Community councillors for the new communities named in column (1) of Schedule 2 not divided into community wards, and for the new community wards, shall be elected on 7th May 1987. The persons elected shall come into office on 11th May 1987 and shall retire on the fourth day after the ordinary day of election of councillors in 1991.

(7) The annual meetings of the new community councils for 1987 shall be convened by the officer appointed by the District Council for the purpose.

(8) As from 11th May 1987 the number of councillors for any community named in column (1) of the following table shall be that specified in respect of the community in column (2).

Table

(1)

(2)

(9) The numbers of councillors for the communities of Ambleston, Freystrop and Spittal shall remain 7 in each case.

(10) Regulation 8(1) (Councillors) of the Regulations shall not apply to any community or community ward in the District.

Section 9 Petty sessional divisions

(1) The Cleddau petty sessional division shall comprise—

(a) the communities of Ambleston, Brawdy, Burton, Camrose, Dale, Freystrop, Haverfordwest, Hayscastle, Herbrandston, Johnston, Letterston, Llangwm, Llanrhian, Llanstadwell, Marloes and St. Brides, Mathry, Merlin’s Bridge, Milford, Neyland, Roch, Rosemarket, Rudbaxton, St. Davids and the Cathedral Close, St. Ishmael's, Solva, Spittal, The Havens, Tiers Cross, Uzmaston and Boulston, Walwyn’s Castle, Wiston and Wolfscastle as existing on and after the appointed day;

(b) so much of the new community of New Moat as lies north and west of the first specified line;

(c) so much of the new community of Pencaer as lies south of the second specified line; and

(d) so much of the new community of Scleddau as lies west of the third specified line.

(2) The Gogledd Preseli petty sessional division shall comprise—

(a) the communities of Boncath, Cilgerran, Clydey, Crymych, Cwm Gwaun, Dinas Cross, Eglwyswrw, Fishguard and Goodwick, Manordeifi, Mynachlog-Ddu, Nevern, Newport, Puncheston, St. Dogmaels and Trecw®n as existing as aforesaid;

(b) so much of the new community of Maenclochog as lies north and west of the fourth specified line;

(c) so much of the new community of Pencaer as lies north of the second specified line; and

(d) so much of the new community of Scleddau as lies east of the third specified line.

(3) The South Pembrokeshire petty sessional division shall include—

(a) the Community of Llandissilio West as existing as aforesaid;

(b) so much of the new Community of Maenclochog as lies south of the fourth specified line; and

(c) so much of the new community of New Moat as lies south and east of the first specified line.

(4) In this article—

(a) “the first specified line” means the line within the new community of New Moat of the boundary between—

(i) the Community of Bletherston; and

(ii) the Community of New Moat,

as existing immediately before the appointed day;

(b) “the second specified line” means the line within the new community of Pencaer of the boundary between—

(i) the communities of Granston and St. Nicholas; and

(ii) the Community of Llanwnda,

as so existing;

(c) “the third specified line” means the line within the new community of Scleddau of the boundary between—

(i) the Community of Jordanston; and

(ii) the Community of Manorowen,

as so existing;

(d) “the fourth specified line” means the line within the new community of Maenclochog of the boundary between—

(i) the communities of Llandeilo Llwydarth and Maenclochog; and

(ii) the communities of Llanycefn and Vorlan,

as so existing.

Section 10 Coroner’s district

The Pembrokeshire coroner’s district shall consist of—

(a) the District as altered; and

(b) the District of South Pembrokeshire.

Section 11 Privileges and rights of the former borough of Haverfordwest

Any privileges or rights belonging immediately before 1st April 1974 to the burgesses of the former borough of Haverfordwest shall belong to the inhabitants of the Town of Haverfordwest as altered.

Section 12 Residuary successors

In relation to any authority named in column (1) of the following table, for the purposes of any provision of the Regulations which refers to the residuary successor of a dissolved authority, the community council specified in respect of the first-mentioned authority in column (2) is hereby specified as the residuary successor of such authority.

Table

(1)

(2) Bletherston and Clarbeston Community Council

Community Council of New Moat

Granston and St. Nicholas Community Council

Community Council of Llanwnda

Herbrandston and Hubberston

Town Council of Milford Haven

Community Council of Moylgrove

Nevern and Bayvil Community Council

Section 13 Community books, etc.

(1) The specified papers of a community named in column (1) of the following table shall be deposited in the custody of the new community council named in respect of such community in column (2).

Table

(1)

(2)

(2) The specified papers of a community named in column (1) of the following table shall be deposited in such custody as may, with the approval of the District Council, be agreed between the community councils specified in respect of such community in column (2), or failing such approval and agreement, as may be directed by the District Council.

Table

(1)

(2)

(3) In this article, “specified papers”, in relation to any community, means the public books, writing and papers of the community (including any photographic copies thereof) and all documents directed by law to be kept therewith.

Section 14 Expenses of new community councils

In the year beginning on the appointed day the District Council may levy rates in each new community and make payments to the new community council as if such council had issued a precept to the District Council requiring the payment of a sum not exceeding the product of a rate of 10p in the pound calculated on the total rateable value as set out in the valuation list on the appointed day.

Section 15 Cemeteries

(1) In relation to any relevant cemetery, in the period of 25 years beginning on the appointed day—

(a) any inhabitant of a specified area shall be entitled to the same rights of burial as the inhabitants of the relevant area;

(b) any provisions in relation to inhabitants in any table of fees in force in respect of the cemetery shall apply to the inhabitants of a specified area as they apply to the inhabitants of the relevant area;

(c) no differential charges shall be imposed on the inhabitants of a specified area.

(2) Subject to paragraph (1), any provisions in relation to inhabitants of any community abolished by article 6(3) in any table of fees in force in respect of any relevant cemetery shall apply to the inhabitants of the relevant area.

(3) In this article—

“relevant cemetery” means—

the St. Martin’s Cemetery;

the Upper Cemetery situated in the Town of Haverfordwest; or

any other cemetery to which the Local Authorities' Cemeteries Order 1977 applies maintained immediately before the appointed day by the council of a community abolished by article 6(3);

in the case of the St. Martin’s Cemetery—

“the relevant area” means the parts of the existing communities of Hamlet of St. Martin and Haverfordwest included in the Town of Haverfordwest as altered; and

“specified area” means any area transferred from the communities of Hamlet of St. Martin and Haverfordwest to the new community of Camrose or Uzmaston and Boulston;

in the case of the Upper Cemetery—

“the relevant area” means the parts of the existing communities of Haverfordwest and North Prendergast included in the Town of Haverfordwest as altered; and

“specified area” means any area transferred from the communities of Haverfordwest and North Prendergast to the new community of Camrose, Rudbaxton or Uzmaston and Boulston; and

in the case of any other cemetery—

“the relevant area” means the area transferred from the community described in (c) to the community in which the cemetery is situated; and

“specified area” means an area so transferred to any other community.

(4) Paragraphs (1) to (3) are supplementary to paragraphs (2) and (3) of regulation 35 of the Regulations.

Section 16 Local Acts, orders and byelaws

The existing communities named in any entry in column (1) of the following table are hereby specified in relation to regulation 41(4) (Local Acts, orders and byelaws) of the Regulations and the new community named in respect of such communities in column (2) is hereby specified in relation to such communities.

Table

(1)

(2)

Section 17 Property, liabilities, contracts, etc., notices and proceedings

The table in Part I of Schedule 6 to the Regulations shall be extended by the inclusion of the following entry—