
2024 No. 1328
Local Government, England
The Barnsley and Sheffield (Boundary Change) Order 2024
Made 12th December 2024
Coming into force in accordance with article 1(2) and (3)

The Secretary of State for Housing, Communities and Local Government makes this Order, in the exercise of the powers conferred by sections 10, 11, 12, 13 and 15 of the Local Government and Public Involvement in Health Act 2007.
This Order implements, without modification, a recommendation by the Local Government Boundary Commission for England, submitted to the Secretary of State for Housing, Communities and Local Government under section 8(2) and (6A) of the Local Government and Public Involvement in Health Act 2007, that there should be a change to the boundary between the borough of Barnsley and the city of Sheffield.

A draft of this Order was laid before and approved by a resolution of each House of Parliament in accordance with section 240(6) of the Local Government and Public Involvement in Health Act 2007.
Citation and commencement
1 

(1) This Order may be cited as the Barnsley and Sheffield (Boundary Change) Order 2024.
(2) This Order comes into force for the purposes of articles 8 and 9 on the day after the day on which it is made.
(3) For all other purposes, this Order comes into force on 1st April 2025.
Interpretation
2 
In this Order—
 “map” means the map prepared by the Ministry of Housing, Communities and Local Government, marked “Map of the Barnsley and Sheffield Boundary Change 2025” and deposited in the offices of the Secretary of State for Housing, Communities and Local Government and the offices of the transferor authority and transferee authority;
 “transfer date” means 1st April 2025;
 “transferee authority” means Sheffield City Council;
 “transferor authority” means Barnsley Metropolitan Borough Council;
 “transferred area” means the area hatched red on the map; and
 “ward” means a ward of the borough, or city, or parish from or to which the transferred area is transferred by this Order.
Transfers between the borough of Barnsley and the city of Sheffield
3 
The transferred area is transferred from—
(a) the borough of Barnsley to the city of Sheffield;
(b) the Penistone East ward to the Stocksbridge and Upper Don ward; and
(c) Wortley parish to the Wharncliffe Side ward of Bradfield parish.
Town and county planning
4 

(1) In this article “provision” means a provision of a development plan (as defined in section 38 of the Planning and Compulsory Purchase Act 2004).
(2) Any provision applying to the transferred area immediately before the transfer date continues to apply to that area, notwithstanding the transfer under article 3.
Continuity of matters
5 

(1) Anything which, immediately before the transfer date, is in the process of being done by or in relation to the transferor authority in the exercise of or in connection with any of its functions in relation to the transferred area may be continued by or in relation to the transferee authority.
(2) Anything done by or in relation to the transferor authority in the exercise of or in connection with any functions in relation to the transferred area, so far as is required for continuing its effect on and after the transfer date, shall have effect as if done by or in relation to the transferee authority.
(3) Paragraph (2) applies in particular to—
(a) any decision, determination, declaration, designation, agreement or instrument made by the transferor authority;
(b) any regulations, orders or byelaws made by the transferor authority;
(c) any licence, permission, permit, consent, approval, authorisation, exemption, dispensation or relaxation granted by or to the transferor authority;
(d) any notice, direction or certificate given by or to the transferor authority;
(e) any application, request, proposal or objection made by or to the transferor authority;
(f) any condition or requirement imposed by or on the transferor authority;
(g) any fee paid by or to the transferor authority;
(h) any appeal allowed by or in favour of or against the transferor authority; or
(i) any proceedings instituted by or against the transferor authority.
(4) Any reference in paragraphs (1) to (3) to anything done by or in relation to the transferor authority includes a reference to anything which by virtue of any enactment is treated as having been done by or in relation to the transferor authority.
(5) So far as is required for giving effect to the provisions of this article, any reference in any document to the transferor authority is to be construed as a reference to the transferee authority.
(6) This article also applies to anything done or in the process of being done by or in relation to Wortley Parish Council as if references in this article to “transferor authority” and “transferee authority” were references to Wortley Parish Council and Bradfield Parish Council respectively.
Transfer of property, rights and liabilities
6 

(1) Subject to paragraph (3), all property, rights and liabilities of the transferor authority in respect of the transferred area vest in, and transfer to, the transferee authority on the transfer date.
(2) For the purposes of this article, property, rights and liabilities of the transferor authority are to be treated as property, rights and liabilities in respect of the transferred area if—
(a) in the case of land, it is situated in, or held exclusively for the purposes of, or in connection with, the exercise of functions in, or in relation to, the transferred area;
(b) in the case of rights or liabilities, they are rights or liabilities acquired, accrued or incurred exclusively in respect of the transferred area.
(3) Paragraphs (4) and (5) apply to—
(a) any property held by the transferor authority, as sole trustee, exclusively for charitable purposes (“charitable property”);
(b) any rights or liabilities of the transferor authority in respect of charitable property.
(4) Where charitable property is held by the transferor authority for the benefit of—
(a) a specified area, the whole or greater part of which is situated within the transferred area;
(b) the inhabitants of that specified area; or
(c) any particular class or body of persons in that specified area,
that charitable property and any rights or liabilities of the transferor authority in respect of that charitable property vest (on the same trusts) in, and transfer to, the transferee authority on the transfer date.
(5) Charitable property which is not vested in the transferee authority in accordance with paragraph (4), and any rights or liabilities of the transferor authority in respect of that charitable property, shall continue to be held by or, as the case may be, continue to be rights or liabilities of the transferor authority.
(6) In this article, “trusts” has the same meaning as in the Charities Act 2011.
(7) This article also applies to all property, rights and liabilities of the Wortley Parish Council in respect of the transferred area as if references in this article to “transferor authority” and “transferee authority” were references to Wortley Parish Council and Bradfield Parish Council respectively.
Councillors
7 

(1) Any person in office immediately before the transfer date as a councillor for—
(a) the Penistone East ward; or
(b) the Wortley parish,continues to represent that ward or parish, but ceases to represent the transferred area.
(2) Any person in office immediately before the transfer date as a councillor for—
(a) the Stocksbridge and Upper Don ward; or
(b) the Wharncliffe Side ward of Bradfield parish,
continues to represent that ward or parish ward, including the transferred area.
Electoral registers
8 

(1) The registration officer for the transferor authority and the transferee authority must make such rearrangement or adaptation of the register of local government electors as may be necessary for the purposes of, or in consequence of, this Order.
(2) In this article “registration officer” means an officer appointed for the purpose of, and in accordance with, section 8 of the Representation of the People Act 1983.
Preparatory functions
9 

(1) The transferor authority and the transferee authority must—
(a) take, whether alone or together, such steps as may be necessary to prepare for the transfer of property, rights and liabilities under article 6 and the continuation of matters under article 5;
(b) consult and co-operate with each other to secure the economic, effective, efficient and timely transfer of that property, transfer of those rights and liabilities, and continuation of those matters; and
(c) generally, exercise their functions so as to further the purposes of this Order.
(2) This article shall apply, in particular, in relation to any functions under Chapters 1 to 4ZA and 6 of Part 1 of the Local Government Finance Act 1992 in respect of the transferred area.
(3) This article also applies to Wortley Parish Council and Bradfield Parish Council as if references in this article to “transferor authority” and “transferee authority” were references to Wortley Parish Council and Bradfield Parish Council respectively.
Signed by authority of the Secretary of State for Housing, Communities and Local Government.
Jim McMahon
Minister of State
Ministry of Housing, Communities and Local Government
12th December 2024