Isles of Scilly Order 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/1844 |
1978 No. 1844
LOCAL GOVERNMENT, ENGLAND AND WALES
The Isles of Scilly Order 197814thDecember 1978
1stFebruary 1979
The Secretary of State for the Environment, in exercise of the powers conferred upon him by sections 265 and 266(2) of the Local Government Act 1972(a) and of all other powers enabling him in that behalf, hereby makes the following order:—
Title and commencement
1. This order may be cited as the Isles of Scilly Order 1978 and shall come into operation on 1st February 1979.
Interpretation
2.—(1) The Interpretation Act 1978(b) shall apply to this order as it applies to subordinate legislation made after the commencement of that Act.
In this order—
"the Act" means the Local Government Act 1972;
"the Council" means the Council of the Isles of Scilly;
"the Isles" means the islands situated within that part of the sea which is coloured brown, green, pink, yellow and blue on the maps;
"the maps" means the three maps each marked "Map of the Isles of Scilly, 1890", sealed with the official seal of the Local Government Board and now deposited in the offices of the Secretary of State for the Environment, the Duchy of Cornwall and the Council respectively; and
"parish" means a parish described in article 3.
(2) Any reference in this order to a numbered article shall be construed as a reference to the article bearing that number in this order.
(3) Any reference in any article of this order to a numbered paragraph shall be construed as a reference to the paragraph bearing that number in that article.
(a) 1972 c. 70.
(b) 1978 c. 30.
Parishes
3.—(1) The Isles shall comprise five parishes, namely—
the parish of Bryher, which shall comprise the island of Bryher and the other islands situated within the part of the sea coloured pink on the maps;
the parish of St. Agnes, which shall comprise the island of St. Agnes and the other islands situated within the part of the sea coloured yellow on the maps;
the parish of St. Martin's, which shall comprise the island of St. Martin's and the other islands situated within the part of the sea coloured brown on the maps;
the parish of St. Mary's, which shall comprise the island of St. Mary's and the other islands situated within the part of the sea coloured blue on the maps; and
the parish of Tresco, which shall comprise the island of Tresco and the other islands situated within the part of the sea coloured green on the maps.
(2) The map deposited in the offices of the Council shall at all reasonable times be open to inspection by any ratepayer, and on payment of a reasonable fee to be determined by the Council any ratepayer shall be entitled to a copy of or an extract from the map, certified by the officer appointed for that purpose by the Council to be a true copy or extract, which shall be received in all courts of justice and elsewhere as prima facie evidence of the extent of any parish.
The Council
4.—(1) The Council shall consist of a chairman and councillors.
(2) The Council shall be a body corporate by the name "the Council of the Isles of Scilly".
(3) 25 councillors shall be elected by the local government electors for the Isles in accordance with the Act and Part I of the Representation of the People Act 1949(a). Such councillors shall—
as to 2, be elected for the parish of Bryher;
as to 2, be elected for the parish of St. Agnes;
as to 2, be elected for the parish of St. Martin's;
as to 16, be elected for the parish of St. Mary's; and
as to 3, be elected for the parish of Tresco.
Election of councillors
5.—(1) The ordinary elections of councillors shall take place in 1979, 1981 and every fourth year thereafter on the ordinary day of election of councillors,
(a) 1949 c. 68.
their term of office shall be two years in the case of those elected at the ordinary elections in 1979 and four years in the case of those elected at ordinary elections held thereafter, they shall retire together in 1981 and every fourth year thereafter on the fourth day after the ordinary day of election of councillors, and the newly elected councillors shall come into office on the day on which their predecessors retire.
(2) Elections of councillors shall be conducted in accordance with the rules made under section 42 of the Act as if such elections were elections of county councillors.
Application of the Act to the Isles
6.—(1) In the application of the Act to the Isles—
the expression "local authority" shall include the Council;
the expression "local government area" shall include the Isles;
(2) The following provisions of the Act, namely—
sections 3 to 5 (chairmen and vice-chairmen)
section 42(5) (expenditure by returning officers)
section 83 (declaration of acceptance of office)
section 89 (filling of casual vacancies in case of councillors)
section 94(5) (provision as to allowances paid to chairmen and vice-chairmen)
section 107(9) (provision as to standing orders)
sections 120 to 123 (land transactions)
section 132 (halls, offices, etc.)
section 138 (emergencies and disasters)
section 141 (research and the collection of information)
section 249(1), (2) and (4) (honorary aldermen)
Part I of Schedule 12
Paragraphs 1(a) and 14 of Schedule 13,
shall apply as if the Council were a county council.
(3) Subject to the express provisions of this order in relation to parishes, none of the provisions of the Act in relation to parishes shall apply to the parishes described in article 3.
(4) In the application to the Isles of the provisions of the Act specified in column (1) of the Schedule to this order, there shall be made the modifications specified in respect thereof in column (2).
Changes in areas
7.—(1) Subject to paragraph (2), Part IV of the Act shall not apply to the Isles.
(2) Subsections (1) and (2) of section 72 (accretions from the...
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