Local Government (Wales) Act 1994
For section 20 of the Local Government Act 1972 (“the 1972 Act”) substitute—
Schedule 1 substitutes new Parts I, II and III in Schedule 4 to the 1972 Act.
Schedule 2 provides for the application of certain enactments in relation to the preserved counties.
Section 270(1) of the 1972 Act (definitions) is amended as follows.
In the definition of “local authority” for “or community council” substitute “ council but, in relation to Wales, means a county council, county borough council or community council; ”.
in relation to Wales, a county, county borough or community;
After the definition of “prescribed” insert—.
In the definition of “principal area” insert at the end “ but, in relation to Wales, means a county or county borough. ”
For section 21 of the 1972 Act substitute—
Schedule 3 makes provision (by substituting a new Schedule for Schedule 5 to the 1972 Act) with respect to the establishment of the new principal councils, on a date in 1995 to be fixed by the Secretary of State, and the election of their members.
For section 25(2) of the 1972 Act (electoral divisions) substitute—
For section 26 of the 1972 Act substitute—
For section 245A of the 1972 Act substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 11 to the 1972 Act (rules to be observed in considering electoral arrangements) shall be amended as follows.
In paragraph 1 (rules for counties)—
in sub-paragraph (1), at the end add “ but does not apply in relation to any county in Wales ”; and
in sub-paragraph (2)(c) and (d), omit “or community”, in each place.
After paragraph 1 insert—
In paragraph 4, after “Commissions” insert “ by a Welsh principal council ”.
For section 27 of the 1972 Act substitute—
For section 28 of the 1972 Act substitute—
For section 29 of the 1972 Act substitute—
After section 29 of the 1972 Act, insert—
After section 29A of the 1972 Act, insert—
Except in a case falling within sub-paragraph (3) below, public notice of any community meeting shall be given not less than 7 clear days before the meeting. Where any business proposed to be transacted at a community meeting relates to any of the matters mentioned in section 29B(4) of this Act, public notice of the meeting shall be given not less than 30 clear days before the meeting. The notice required by sub-paragraph (2) or (3) above shall—
For section 33 of the 1972 Act substitute—
After section 33 of the 1972 Act insert—
In section 35 of the 1972 Act (community councillors), for subsection (2) substitute—
After section 245A of the 1972 Act insert—
This section has effect for the purpose of adapting relevant legislative provisions and in particular for the purpose of providing for the exercise of functions conferred by such provisions.
A provision is a “relevant legislative provision” for the purposes of this section if it is a provision of—
any public general Act passed before, or during the same Session as, this Act; or
an instrument which—
was made before the passing of this Act, under a public general Act; and
is of a legislative character but is not in the nature of a local enactment.
This section has effect subject to any provision made by, or by any instrument under, this Act and is not to be taken as affecting any provision so made.
In any relevant legislative provision— shall be construed, in relation to Wales, as a reference to a new principal area.
any reference to an area which is the area of a county council or the area of a district council, and
any reference which is to be construed as a reference to such an area,
In any relevant legislative provision— shall be construed, in relation to Wales, as a reference to the council of a new principal area.
any reference to the council of a county or district, and
any reference which is to be construed as such,
Where, in relation to any relevant legislative provision, any question arises as to which new principal area is the appropriate new principal area for the purposes of that provision, that question shall be determined by order made by the Secretary of State.
Where any relevant legislative provision is by virtue of this section to be construed in accordance with subsection (4) or (5)—
it shall be so construed subject to any modifications necessary to give full effect to the provision; and
the Secretary of State may by order make such amendments or other modifications of the provision as he considers necessary or expedient in consequence of any provision made by or under this Act.
In this Act references to the planning Act are references to the Town and Country Planning Act 1990.
Section 1 of the planning Act (local planning authorities) is amended as follows.
After subsection (1), insert—
After subsection (4), insert—
At the end of the section add—
In subsection (3), omit the words “and in Wales” and in subsection (5)—
in paragraph (a), for “subsections (1) to (4) have” substitute “ this section has ”; and
in paragraph (b), for “(1) and (2)” substitute “ (1) to (2) ”.
Schedule 4 inserts a new Schedule 1A in the planning Act.
In section 2 of the planning Act (joint planning boards), after subsection (1) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
under section 2(1B) of that Act, where the united district constituted by the order comprises or includes the whole or any part of the area of a National Park; or
under paragraph 3A of Schedule 17 to the 1972 Act,
In section 2 of the planning Act—
in subsection (1), omit the words “(in this Act referred to as a “joint planning board”)”;
in subsection (2), for the words “such an order” substitute “ an order under subsection (1) or (1B) ”;
in subsection (3), after “county” insert “ or county borough ” (in both places); and
in subsection (4), after “(1)” insert “ or (1B) ”.
After section 10 of the planning Act (application of Chapter I), insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 5 shall have effect—
Part I making minor and consequential amendments to Part II of the planning Act,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
local plans, and
proposals for alteration or replacement of structure plans and local plans,
Schedule 6 shall have effect—
Part I making minor and consequential amendments to the 1972 Act in relation to National Parks and countryside functions, and
Part II making minor and consequential amendments to enactments concerned with planning.
In section 114 of the Education Act 1944 (interpretation), in the definition of “local education authority” in subsection (1), after “the county,” insert “in relation to a county borough, the council of the county borough,”.
In section 192 of the 1972 Act (education), in subsection (1), after “non-metropolitan county” insert “in England” and at the end add “but, for each principal area in Wales, the local education authority shall be the council of that principal area”.
In section 114(1) of the Act of 1944, in the definition of “minor authority”, omit, in paragraph (b), “is a community having no community council or” and, in paragraph (c)(iii), “which is a community having no community council or”.
Schedule 7 makes provision for the transfer to the new principal councils of functions in relation to highways, road traffic and transport.
Schedule 8 makes provision for the transfer to the new principal councils of functions in relation to housing.
Schedule 9 makes provision for the transfer to the new principal councils of functions in relation to public health and related matters.
Schedule 10 makes provision for the transfer to the new principal councils of functions in relation to social services.
Schedule 11 makes provision for the transfer to the new principal councils of functions in relation to water, land drainage and coast protection.
Each of the Schedules referred to in this section includes minor and consequential amendments of other enactments.
In section 4 of the Fire Services Act 1947 (fire authorities), after second “county” insert “ or, in Wales, of every county or county borough ”.
A combination scheme may be made under section 5 or 6 of the Act of 1947, before 1st April 1996, with respect to two or more areas each of which is a new principal area.
Where any such combination scheme is made before 1st April 1996, it shall not come into force until that date, except so far as it relates to—
the constitution of an authority as the fire authority for the combined area constituted by the scheme, and
the performance by that authority of any functions necessary for bringing the scheme into full operation on that date.
Where the Secretary of State proposes to make such a combination scheme—
subsection (2) of section 6 of the Act of 1947 shall until 1st April 1996 be taken to require him to give notice to—
any existing fire authority whose area lies wholly or partly within the proposed combined area; and
each of the new principal councils concerned; and
the requirement in that subsection with respect to public local inquiries shall not apply if—
the proposed scheme relates only to new principal areas; and
the notice is given before 1st April 1996.
Any such notice shall specify a period for making representations with respect to the proposed scheme.
Where the Secretary of State has given notice of a proposed scheme, in a case to which subsection (4) applies, he shall consider any representations which are made to him before the end of the specified period by any body to whom notice was given.
In section 1(1) of the Police Act 1964 (police areas), omit the words “and Wales” from paragraph (a) and after that paragraph insert—.
In section 2 of that Act (police authorities), at the end add—
An amalgamation scheme may be made under section 21(2) of the Act of 1964 (Secretary of State’s amalgamation schemes), before 1st April 1996, with respect to two or more areas each of which is a new principal area.
Where any such amalgamation scheme is made before 1st April 1996, it shall not come into force until that date, except so far as it relates to—
the constitution of an authority as the police authority for the combined area constituted by the scheme, and
the performance by that authority of any functions necessary for bringing the scheme into full operation on that date.
Where the Secretary of State proposes to make such an amalgamation scheme—
paragraphs 1 and 2 of Schedule 3 to the Act of 1964 shall until 1st April 1996 be taken to require him to give notice—
to any existing police authority whose area lies wholly or partly within the area of the proposed combined police authority;
where that police authority is a combined authority, to the councils of each of the counties comprised in the combined area; and
to each of the new principal councils concerned; and
the requirement in paragraph 3 of that Schedule with respect to public local inquiries shall not apply if—
the proposed scheme relates only to new principal areas; and
the notice is given before 1st April 1996.
Any such notice shall specify a period for making representations with respect to the proposed scheme.
Where the Secretary of State has given notice of a proposed scheme, in a case to which subsection (5) applies, he shall, before the end of the specified period, consider any representations which are made to him by any body to whom notice was given.
Any new principal council (“the contracting council”) may enter into an agreement with another such council (“the supplying council”) for the provision by the supplying council of services which the contracting council require for the purpose of, or in connection with, the discharge of any of their functions.
Any agreement under subsection (1) (a “service agency agreement”) may be made on such terms as to payment or otherwise as the parties consider appropriate.
Subsection (1) is subject to—
the provisions made by or under this Act;
any other enactment which provides for specific functions of a local authority to be discharged only by that authority;
any other enactment which imposes requirements which must be satisfied before a local authority may enter into any agreement of the kind provided for by subsection (1) including, in particular, the provisions of—
Part III of the Local Government, Planning and Land Act 1980 (restrictions on use by local authorities of direct labour organisations); and
Part I of the Local Government Act 1988 (local authorities to undertake certain activities only if they can do so competitively).
The power conferred by subsection (1) shall be exercisable subject to such regulations (if any) as the Secretary of State sees fit to make for the purposes of this section.
Any such regulations may, in particular, make provision—
excluding prescribed matters from those which may be the subject of a service agency agreement;
restricting (whether by reference to one or more areas or otherwise) the councils with which a principal council may make a service agency agreement;
restricting the area or areas with respect to which the supplying council may provide services under a service agency agreement.
As respects the exercise of any of their other statutory powers, anything which falls to be done by the supplying council under a service agency agreement shall be treated as one of their statutory functions.
The provisions of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) do not affect, and are not affected by, the powers conferred on new principal councils by this section.
In section 1(4) of that Act (authorities to which Act applies), for “any county” substitute “ any county, county borough ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Every new principal council shall prepare and publish a plan (“a service delivery plan”)—
describing the manner in which they propose to perform their functions during the period beginning on 1st April 1996 and ending with 31st March 1997; and
giving particulars of the arrangements for organisation and management which they propose to adopt.
Each new principal council shall—
publish a draft of their proposed service delivery plan before 1st November 1995; and
complete and publish their service delivery plan before 1st February 1996.
In preparing their service delivery plan, a council shall take into account any guidance given by the Secretary of State as to consultation or as to the contents of the plan.
A council’s service delivery plan shall be published in such manner as the council consider likely to bring it to the attention of persons (both inside and outside their area) who may be affected by the performance of their functions.
Copies of their service delivery plan shall be made readily available by each new principal council for inspection by any person during office hours.
Subsections (4) and (5) also apply to the draft service delivery plan required to be published by subsection (2)(a).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If the conditions mentioned in subsection (2) are satisfied, the Secretary of State may give a direction to a new principal council requiring them to prepare and submit to him a decentralisation scheme for such area falling within the area of the council as the Secretary of State sees fit to specify in the direction.
The conditions are that—
an application relating to the council has been made to the Secretary of State under this section by ten or more of their members;
the application is expressed to be made in relation to a specified area falling within the area of the council; and
at least ten of those persons making the application are members of the council who are connected with the area specified in the application.
In this section—
“decentralisation scheme”, in relation to a council, means a scheme which provides for the exercise of specified functions of the council to be discharged by a committee of the council established for the purposes of the scheme; and
belong to the council or of which they have custody; and
“the Commission” means the Staff Commission for Wales or Comisiwn Staff Cymru;
...
Any council to whom a direction has been given shall submit the required decentralisation scheme to the Secretary of State in accordance with the direction.
A direction may require a decentralisation scheme to be submitted before a specified date.
A committee established for the purposes of a decentralisation scheme is referred to in this Act as an area committee.
No application under subsection (2) may be made after 1st January 1996 and no direction may be given after 1st July 1996.
The Secretary of State shall not give a direction unless he is satisfied that a decentralisation scheme is likely to be appropriate for the area in question.
In considering whether a decentralisation scheme is likely to be appropriate for any area (“the local area”), the Secretary of State shall have regard to—
the desirability of providing for the efficient administration of local government functions both in relation to the area of the principal council as a whole and in relation to the local area; and
the particular circumstances of the local area including its geographical, historical, cultural and demographic circumstances.
A direction may specify any area to which it relates by reference to specific boundaries or by a general description.
The Secretary of State may from time to time issue guidance with respect to the preparation and content of decentralisation schemes.
Any such guidance may be—
general, relating to all decentralisation schemes or all schemes of a specified description; or
specific to a particular scheme.
In specifying any area in a direction, the Secretary of State shall have regard to, but not be bound by, the terms of the application in response to which it is given.
For the purposes of subsection (2), a member of a council is connected with a specified area if he is a member for an electoral division which, or any part of which, falls within that area.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a council have submitted a decentralisation scheme to the Secretary of State under section 27 he shall, before the end of the period of six months beginning with the date on which the scheme was submitted to him—
approve the scheme as submitted;
approve the scheme subject to such modifications as he considers appropriate; or
reject the scheme.
Where he proposes not to approve the scheme as submitted, the Secretary of State shall notify the council concerned, before the end of that six month period, of the modifications which he proposes to make to the scheme, or (as the case may be) that he proposes to reject the scheme.
Before he approves a scheme subject to modifications, or rejects a scheme, the Secretary of State shall have regard to any representations which have been made to him by the council concerned.
Where the Secretary of State approves a decentralisation scheme, it shall be the duty of the council concerned to implement and maintain the scheme.
The Secretary of State’s decision under subsection (1) shall be given in writing.
Where the Secretary of State approves a decentralisation scheme, he may give a direction to the council concerned as to the date by which the scheme is to be implemented.
Where the Secretary of State has rejected a decentralisation scheme, he may at any time before the end of the period of six months beginning with the date on which he rejected the scheme, direct the council concerned to prepare and submit to him a revised scheme under section 27.
Nothing in section 27(7) shall be taken to prevent the giving of a direction under subsection (7).
A direction under subsection (7) may require the revised scheme to be submitted to the Secretary of State before a specified date.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where an area committee has been established by a council in accordance with an approved decentralisation scheme—
the council shall not, except with the agreement of the committee, abolish the committee or alter any arrangements in force with respect to the committee which were made in accordance with the scheme as originally approved or which have subsequently been agreed with the committee; and
nothing in section 101(4) of the 1972 Act (power of local authority to exercise functions otherwise discharged by committee) shall be taken to authorise the council to exercise any functions which are to be discharged by the committee, except as provided for by the scheme.
Every decentralisation scheme shall include provision, to be given effect to by the standing orders of the council concerned, for the majority required in order for any suspending resolution to be passed to be such majority greater than a simple majority as may be specified by the scheme.
In subsection (2) “suspending resolution”, in relation to a decentralisation scheme, means a resolution to suspend any of the arrangements in force with respect to an area committee established in accordance with the scheme.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies where an area committee has been established by a council in accordance with an approved decentralisation scheme.
The provisions of the 1972 Act with respect to arrangements for the discharge of functions by committees of local authorities and sub-committees, and the appointment of such committees and sub-committees, shall be subject to this section and section 31.
Every person who is a member of the council for an electoral division which falls within the area for which the committee is established shall be entitled to be appointed to the committee at his request.
The committee may appoint additional persons, including members of the council who are not entitled to membership of the committee under subsection (3), as members of the committee.
No other persons shall be eligible for appointment to the committee.
In this section, in relation to an area committee, “co-opted member” means any member appointed by the committee under subsection (4).
Where the Secretary of State has given a direction under section 297 of the Education Act 1993 (power to direct appointment of members of certain committees) which applies to the committee and can only be complied with by the appointment of one or more additional members to the committee, it shall be the duty of the committee to exercise its powers of appointment to secure compliance with the direction.
A co-opted member of an area committee shall not be entitled to vote at any meeting of the committee on any question which falls to be decided at that meeting.
Nothing in subsection (8) shall prevent the appointment of a person, in compliance with a direction under section 297 of the Act of 1993, as a voting member of an area committee.
In the application of section 101 of the 1972 Act (arrangement for discharge of functions by local authorities) in relation to the committee—
subsection (1) shall have effect as if it gave power to the committee, if authorised to do so by the decentralisation scheme, to arrange for the discharge of any of its functions by a local authority other than the authority who made the scheme;
subsection (2) shall have effect with the omission of the words “unless the local authority otherwise direct” and (in the second place where they occur) the words “the local authority or”.
Sections 102(3) of the 1972 Act (power to include persons who are not members of the local authority concerned) and 15 of the Local Government and Housing Act 1989 (political balance on committees) shall not apply in relation to membership of the committee.
The term of office of each of the co-opted members of an area committee shall be fixed by the committee.
Section 102(2) of the 1972 Act (number of members of committee and terms of office) shall not apply in relation to the committee.
In the case of an appointment made in order to comply with a direction under section 297 of the Act of 1993, the committee shall exercise its powers under subsection (12) subject to any provision of the direction relating to terms of office.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section “sub-committee” means a sub-committee of an area committee.
The members of a sub-committee shall be appointed by the area committee from among persons who are—
members of the area committee appointed under subsection (3) of section 30; or
entitled to be members of the area committee by virtue of that subsection.
Subject to subsection (10), a sub-committee may appoint additional persons, including persons who are not members of the area committee concerned, as members of the sub-committee.
No other persons shall be eligible for appointment to a sub-committee.
In this section, in relation to a sub-committee, “co-opted member” means any member of the sub-committee appointed under subsection (3).
Where the Secretary of State has given a direction under section 297 of the Education Act 1993 (power to direct appointment of members of certain committees) which applies to a sub-committee, it shall be the duty of the area committee concerned and the sub-committee to secure compliance with the direction.
A co-opted member of a sub-committee shall not be entitled to vote at any meeting of the sub-committee on any question which falls to be decided at that meeting.
Nothing in subsection (7) shall prevent the appointment of a person in compliance with a direction under section 297 of the Act of 1993 as a voting member of a sub-committee.
Sections 102(3) of the 1972 Act (power to include persons who are not members of the local authority concerned) and 15 of the Local Government and Housing Act 1989 (political balance on committees) shall not apply in relation to membership of a sub-committee.
The number of members of a sub-committee and their terms of office shall be fixed by the area committee concerned.
Section 102(2) of the 1972 Act (number of members of committee and terms of office) shall not apply in relation to the sub-committee.
In the case of an appointment made in order to comply with a direction under section 297 of the Act of 1993, the area committee shall exercise its powers under subsection (10) subject to any provision of the direction relating to terms of office.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may at any time before 31st March 1999 direct any new principal council to give to him—
details of the arrangements which they have made, or propose to make, for the performance of specified functions of theirs; and
information of a specified kind or description as to the performance of specified functions of theirs.
In subsection (1) “specified”, in relation to a direction, means specified in the direction.
Nothing in this section is to be taken as affecting the operation of any other provision under which a local authority may be required to provide information of any kind to the Secretary of State or to any other person.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where it appears to the Secretary of State— he may, at any time before 31st March 1999, give a direction to the councils concerned requiring them to make specified arrangements in relation to the exercise of specified functions.
that particular functions of a new principal council should be discharged in accordance with arrangements entered into by that council and one or more other such councils in relation to the exercise of those functions, but
that satisfactory arrangements for the exercise of those functions will not be, or are unlikely to be, in force on or after 1st April 1996,
The arrangements specified may, in particular, be, or include, arrangements for the joint exercise of functions.
In this section “specified”, in relation to a direction, means specified in the direction.
In considering whether to give a direction under subsection (1), the Secretary of State shall have regard, in particular, to the desirability of the functions in question being discharged effectively and in a financially efficient manner.
A direction under subsection (1) shall remain in force—
until it is withdrawn by a notice in writing given by the Secretary of State to the councils concerned; or
where a period is specified in the direction during which the direction is to have effect, and the direction has not been withdrawn by the Secretary of State, until the end of that period.
A direction under subsection (1) may at any time while it is in force be varied by the Secretary of State.
Nothing in subsection (5) or (6) shall be taken to affect the power of the Secretary of State to give a further direction under subsection (1).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a direction has been given by the Secretary of State under section 33 but it appears to him that— he may by order establish a body to act for the areas of the councils to which the direction relates.
it has proved impracticable to implement the arrangements required by the direction,
the required arrangements have been implemented but are not working satisfactorily, or
the required arrangements are, or have been, working satisfactorily but are unlikely to continue to work satisfactorily,
A body established under subsection (1) shall be known as a joint authority and may be established as a body corporate.
A joint authority shall consist of such number of members as may be determined by the order establishing it.
Those members shall be appointed by the councils to which the order relates, from among their members, each council being entitled to appoint such number of members as may be specified in the order.
Where at any time the number of members of a joint authority is less than the required number, the Secretary of State may, if he is satisfied that the councils concerned have had a reasonable opportunity to make the necessary appointment or appointments—
give such direction to the councils concerned or to any of them as he considers appropriate; and
appoint such members (from among such persons as he considers appropriate) as may be required to complete the membership of the authority.
The joint authority shall discharge the functions to which the direction relates, from a date specified in the order establishing the authority until such alternative arrangements for the exercise of the functions as appear to the Secretary of State to be satisfactory are brought into force.
The power conferred on the Secretary of State by subsection (1) may not be exercised after 31st March 1999 but an order under subsection (1) which is made before that date shall continue in force until revoked by the Secretary of State.
An order under this section may—
provide for the joint authority concerned to be treated, for all purposes or only for the purposes of such enactments as may be prescribed, as a new principal council;
provide for such enactments relating to new principal councils as may be prescribed (either generally or by reference to specified enactments) to have effect in relation to the joint authority concerned subject to such modifications as may be prescribed;
make provision enabling the Secretary of State to require the joint authority concerned to submit to him a scheme for winding itself up and for the transfer to any of the councils for whose areas the joint authority is established of any of the joint authority’s property, rights and liabilities or of any functions which it carries out.
The Secretary of State may by order provide—
for excluding any functions, or any functions in any area, from those falling to be carried out by a joint authority; and
for giving effect (with or without modifications) to any scheme submitted to him under a provision made by virtue of subsection (8) for the dissolution of a joint authority.
The power to make an order under this section includes, in particular, power to make provision for the transfer of property, rights and liabilities.
The new principal councils shall be billing authorities in relation to the financial year beginning on 1st April 1996 and in relation to subsequent financial years.
In this section “billing authority” means an authority which is a billing authority for the purposes of—
Part I of the Local Government Finance Act 1992 (council tax); and
Part III of the Local Government Finance Act 1988 (non-domestic rating).
In the period before 1st April 1996, the old authorities concerned shall continue to exercise their functions as billing authorities in respect of matters arising in connection with financial years before the financial year beginning on that date.
After 31st March 1996, the new principal councils shall have the same functions in relation to council tax, rating (including non-domestic rating) and the community charge as the old authorities would have had— if the old authorities had not been abolished.
in connection with those matters, and
in relation to any financial year beginning before 1996,
For section 1(2) of the Act of 1992 substitute—
In section 39(1) of the Act of 1992 (precepting authorities), in paragraph (a) at the end add “in England”.
After section 22 of the Local Government Finance Act 1992, insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Each new principal council shall establish, and then maintain, a fund to be known as their council fund.
Any sums received by a new principal council shall be paid into their council fund.
All payments by a new principal council shall be made out of their council fund.
Subsections (2) and (3) do not apply in relation to any sums to be paid into, or payments to be made out of, a trust fund.
Section 101(1)(b) of the 1972 Act (delegation) shall not apply as regards the functions of a new principal council in relation to their council fund.
Each new principal council shall keep accounts of sums paid into, and of payments made out of, their council fund.
Any account kept only in respect of the general expenses of a new principal council shall be known as their general account and any account kept only in respect of any class of their special expenses shall be known as a special account.
The Secretary of State may make regulations—
requiring assets of a prescribed description which fall within a council fund to be held in a separate fund within the council fund;
requiring any fund (other than a trust fund) of a prescribed description which is established by a new principal council to be maintained as a separate fund within their council fund.
The Secretary of State may by regulations make provision with respect to the liability of new principal councils to make payments from their council funds in respect of precepts issued under Chapter IV of Part I of the Local Government Finance Act 1992.
Regulations under subsection (9) or (9A) may, in particular, include provision—
that anything falling to be paid must be paid—
within a prescribed period; and
in instalments of such amounts, and at such times, as are determined by the billing authority in accordance with prescribed rules;
that the billing authority must inform any precepting authorities when instalments will be paid and how they are to be calculated;
that if an instalment is not paid to a precepting authority in accordance with the regulations, it is to be entitled to interest on the amount of the instalment;
as to the circumstances in which the billing authority is to be treated as having discharged the liability mentioned in subsection (9) or any liability arising under subsection (9A);
as to the recovery (by deduction or otherwise) of any excess amount paid by the billing authority to any precepting authority in purported discharge of the liability mentioned in subsection (9) or any liability arising under subsection (9A).
The National Assembly for Wales may by regulations make provision for the sharing among a new principal council and major precepting authorities, in accordance with rules specified in the regulations, of an amount equal to all or part of any deduction that, in accordance with provision under paragraph 4(4A) of Schedule 8 to the Local Government Finance Act 1988 (local retention of rates), falls to be made in calculating the council’s non-domestic rating contribution for a financial year.
Schedule 12 makes minor and consequential amendments with respect to funds.
In subsection (9A) “major precepting authority” has the meaning given by section 39(1) of the Local Government Finance Act 1992.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
On 31st March 1996 or on such earlier day as the Secretary of State may by order appoint, there shall be a body corporate to be known as the Residuary Body for Wales or Corff Gweddilliol Cymru (but in this Act referred to as the Residuary Body).
Schedule 13 shall have effect with respect to the Residuary Body.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
There shall be a body corporate to be known as the Staff Commission for Wales or Comisiwn Staff Cymru (but in this Act referred to as the Commission).
The Commission shall—
advise the Secretary of State on the steps necessary to safeguard the interests of staff employed by—
the old authorities;
the new principal councils; or
the Residuary Body;
consider and keep under review—
arrangements for the recruitment of the staff of any of those bodies; and
the organisation, management and remuneration of the staff of the new principal councils;
consider and keep under review the arrangements for the transfer of staff from any of the old authorities in consequence of any provision made by or under this Act; and
consider such staffing problems and other staffing matters as may be referred to it by the Secretary of State as arising out of any provision made by or under this Act.
The Secretary of State may give directions to the Commission as to its procedure and to any of the new principal councils or old authorities, or the Residuary Body, with respect to—
the supply of any information requested, and the implementation of any advice given, by the Commission; and
the payment by such a council or authority, or by the Residuary Body, of any expenses incurred by the Commission in doing anything requested by that council or authority or by the Residuary Body.
Schedule 14 makes provision with respect to the constitution of the Commission and related matters.
This section applies to a person (“the employee”) who at any time ceases to be employed by an old authority if—
the termination of his employment is attributable to any provision made by or under this Act;
he is subsequently employed by another person; and
by virtue of section 138 of the Employment Rights Act 1996 (renewal or re-engagement) that subsequent employment precludes his receiving any redundancy payment under Part XI of that Act with respect to his terminated employment.
Chapter I of Part XIV of the Employment Rights Act 1996 (computation of period of employment for the purposes of that Act) shall have effect as if it provided—
for the period of the employee’s employment by the old authority to count as a period of employment with his new employer; and
for the change of employer not to break the continuity of the period of his employment.
For the purposes of any provision of the employee’s contract of employment with his new employer which depends on his length of service with that employer, the period of his employment with the old authority shall count as a period of employment with his new employer.
This section applies to any person (“a designated employee”) who, immediately before 1st April 1996 was employed by an abolished body under a contract of employment which would have continued but for the abolition of that body and who is designated, or falls within a class or description of person designated, for the purposes of this section by an order made, at any time, by the Secretary of State.
The contract of employment between a designated employee and the abolished body concerned shall not be terminated by the abolition of the body but shall have effect from 1st April 1996 as if originally made between him and such new employer as may be specified by the relevant designation order under this section.
Such an order may specify as the new employer a new principal council ....
Without prejudice to subsection (2)—
all the rights, powers, duties and liabilities of the abolished body under, or in connection with, the contract shall by virtue of this section be transferred on 1st April 1996 to the new employer; and
anything done before 1st April 1996 by or in relation to the abolished body in respect of the contract or the designated employee shall be deemed from that date to have been done by or in relation to the new employer.
Nothing in this section affects any right of a designated employee to terminate his contract of employment if a substantial change is made in his working conditions, to his detriment, but no such right shall arise by reason only of the change of employer effected by this section.
A class or description of person may be specified by an order under subsection (1) by reference to such list or other document or documents as may be identified in accordance with the order.
In this section “abolished body” means an old authority or any joint board which ceases to exist as a result of section 59.
Where any person— compensation in respect of any such loss or diminution suffered by him shall be paid only in accordance with regulations made under section 24 of the Superannuation Act 1972.
is, at any time after the passing of this Act, in the service of an old authority or a new principal council, and
suffers loss of employment or diminution of emoluments which is attributable to any provision made by or under this Act,
Accordingly, none of the bodies mentioned in subsection (1) shall pay any such compensation under any other statutory provision, by virtue of any provision in a contract or otherwise.
Subsections (1) and (2) do not preclude the making of any payment to which a person is entitled by virtue of contractual rights acquired by him before 1st December 1993.
No compensation shall be payable under regulations made under the Superannuation Act 1972, to or in respect of a person to whom subsection (1) applies, in respect of any loss or diminution attributable to the termination of a late contract on or before 1st April 1996.
In subsection (4)—
“late contract” means a contract which is made after 30th November 1993 and provides for the employment of the person concerned for a fixed term extending beyond 31st March 1996; and
“loss or diminution” means loss or diminution of a kind mentioned in subsection (1).
For the purpose of determining under section 138 or 141 of the Employment Rights Act 1996— there shall be treated as forming part of the remuneration payable under the new contract any compensation to which that person is or, if he accepted the offer, would be entitled in accordance with this section.
whether the provisions of a new contract offered to a person employed by any such body as is mentioned in subsection (1) differ from the corresponding provisions of his previous contract, and
whether employment under the new contract is suitable in relation to that person,
Subject to subsection (6), nothing in this section shall be taken to affect any entitlement to a redundancy payment under Part XI of the Employment Rights Act 1996 or to any payment by virtue of any provision of the Superannuation Act 1972 other than section 24 of that Act.
In determining the effect of any provision of— in relation to a person whose contract of employment is terminated as a result of this Act, it shall be assumed that he was dismissed by the old authority concerned by reason of redundancy immediately before 1st April 1996 and that his dismissal was proposed by the authority.
Part IX, X or XI of the Employment Rights Act 1996, or
Chapter II of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992,
For the purposes of this section—
a person’s contract of employment is terminated as a result of this Act if—
immediately before 1st April 1996 he was in the service of an old authority under a contract of employment which would have continued in force if that authority had not been abolished; and
his contract of employment is not transferred to a new principal council ...; and
a contract of employment is transferred—
to a new principal council, if it is treated by any provision made by this Act, or by or under any other enactment, as continued in force with that council on 1st April 1996; ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The new principal council to whom an old authority’s liability as respects any redundancy payment under Part VI of the Act of 1978 is transferred under this Act shall be treated as the employer of the person concerned for the purposes of sections 164, 165, 170 and 179 of the Employment Rights Act 1996 (ancillary provisions about redundancy payments).
As respects any such redundancy payment, references to the relevant date in sections 155, 156, 162 and 164 of the Employment Rights Act 1996, and in Schedule 4 to that Act, shall be construed as references to 31st March 1996.
This section applies where any contract of employment made before 1st December 1993 is terminated as a result of this Act.
Subsection (2) of section 44 applies for the purposes of this section as it applies for the purposes of that section.
If the contract— the employee shall be treated as having been entitled, immediately before 1st April 1996, to receive from the old authority an amount equal to the damages which he would have been entitled to recover from that authority if they had not been abolished but had dismissed him immediately before that date.
provided for the employee’s employment for a fixed term extending beyond 31st March 1996, but
did not provide for the earlier termination of the contract by the authority concerned,
If the contract (whether or not for a fixed term) provided for its termination by the old authority on payment of compensation for loss of employment, the employee shall be treated as having been entitled, immediately before 1st April 1996, to receive from the old authority an amount equal to the compensation which he would have been entitled to receive from that authority if they had not been abolished but had terminated the contract immediately before that date.
In subsection (4) “compensation for loss of employment” does not include any payment to be made under the contract in lieu of notice.
Where the amount of compensation payable under a contract differs according to the reasons for termination of the contract, the amount payable by virtue of subsection (4) shall be determined on the assumption that the contract was terminated by reason of redundancy within the meaning of the Employment Protection (Consolidation) Act 1978.
The Secretary of State may by regulations exclude the operation of this section in prescribed circumstances (and, in particular, in cases of engagement by new principal councils).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The councils of each of the old authorities whose areas will be wholly or partly included in the area of a new principal council shall, as soon as is practicable after the passing of this Act, establish a joint committee (“a transition committee”) to consider and advise on transitional matters.
Each transition committee shall consist of such number of representatives of the authorities by whom it is established as may be agreed between them or, in default of agreement, as may be determined by the Secretary of State.
In making any determination under subsection (2), the Secretary of State shall secure that the number of persons who represent county councils is equal to the number who represent district councils.
A transition committee may co-opt additional persons to serve as members of the committee.
For the purposes of this section a matter is a transitional matter in relation to a new principal council if, in the opinion of the transition committee for that council, it is one which it is expedient for the committee to consider in order to ensure that the council will be able to function effectively as from 1st April 1996.
The Secretary of State may give a direction requiring— to consider any such matter as may be specified in the direction.
a particular transition committee,
every transition committee falling within a class specified in the direction, or
every transition committee,
Any expenses incurred by a committee established under this section shall be defrayed by the authorities by whom the committee was established in such proportions as may be agreed between them or, in default of agreement, as may be determined by the Secretary of State.
Where a local government area established by this Act (“the new area”) has the same name as a local government area (“the old area”) in existence at any time before the commencement of section 1(1), references in any enactment passed before this Act to the old area by name are not to be read as references to the new area.
This section is subject to any provision to the contrary made by or under this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where, as a result of the creation of new principal areas by this Act, the communities within an existing group of communities will not all be within the same new principal area, the district council concerned shall, before 1st April 1996 make an order—
dissolving the group; or
separating one or more of the communities from the group in order to secure that the remaining members of the group will all be within the same new principal area.
Any order under subsection (1) shall make such provision as appears to the district council necessary for the election, in accordance with the 1972 Act and Part I of the Representation of the People Act 1983, of a community council for any community which, as a result of the order, is no longer a member of the group.
Section 31 of the 1972 Act (provisions supplementary to sections 27 to 29 of that Act), applies in relation to an order made under this section as it applies to one made under section 29 of that Act.
Where, immediately before the commencement of this section, any property is held exclusively for charitable purposes by any of the old authorities, as sole trustee, that property shall vest on the same trusts in the appropriate council.
Where, immediately before the commencement of this section, any power with respect to a charity was vested in the proper officer of an old authority or in the holder of any other office of an old authority that power shall vest in the corresponding officer of the appropriate council.
Where, immediately before the commencement of this section, an old authority or any officer of an old authority is included among the charity trustees of a charity, those trustees shall include instead the appropriate council or (as the case may be) the corresponding officer of that council.
Where subsection (1) applies and the property in question is held for the benefit of— the appropriate council is the new principal council whose area comprises the whole, or the greater part, of the specified area.
a specified area,
the inhabitants of a specified area, or
any particular class or body of persons in a specified area,
In any other case falling within this section, the appropriate council is the new principal council whose area comprises the whole, or the greater part, of the area of the old authority in question.
The Secretary of State may by order make provision with respect to any of the matters dealt with by this section, either in substitution for the provision made by this section or by way of supplementing or modifying that provision, and either generally or in relation to prescribed cases or classes of case.
Nothing in this section—
affects any power of Her Majesty, the court or any other person to alter the trusts of any charity; or
applies in a case to which section 50 applies.
In this section “charity”, “charitable purposes”, “charity trustees”, “court” and “trusts” have the same meaning as in the Charities Act 1993.
The Secretary of State shall by order designate such new principal councils in relation to such areas in Wales as he considers appropriate for the purposes of this section.
Any property which, immediately before the commencement of this section, is vested in an old authority and is required to be applied in accordance with a scheme shall be vested in such designated new principal council as the Secretary of State may by order specify.
Where, by virtue of this section, property is vested in a designated council whose designated area does not comprise the whole of the area of the old authority in question, the designated council shall transfer an apportioned part of the property to any other designated council whose designated area includes part of the area of the old authority.
The terms of any apportionment made for the purposes of subsection (3)—
shall be agreed between the designated councils concerned, or
if they fail to agree, shall be determined by arbitration before a single arbitrator appointed—
by agreement between those councils, or
if they fail to agree, by the Secretary of State.
The vesting or transfer of any property by virtue of this section shall not affect—
the application of the property in accordance with the scheme which is applicable to it immediately before the commencement of this section, or
the amendment or revocation of any scheme by a further scheme.
In this section—
“designated” means designated by order under subsection (1); and
Section 1(2).
For Part I of Schedule 4 to the 1972 Act substitute—
For Part II of Schedule 4 to the 1972 Act substitute—
For Part III of Schedule 4 to the 1972 Act substitute—
Section 1(3).
The provisions of section 19 of the Defence Act 1842 (valuing of premises in default of agreement) shall be subsection (1) of that section and at the end add—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The provisions of section 10 of the Sea Fisheries (Shellfish) Act 1967 (jurisdiction in relation to fishery) shall be subsection (1) of that section and at the end add—
In section 54 of the 1972 Act (proposals for changes in local government areas in Wales), after subsection (1) insert—
For section 56(1) of the 1972 Act (power of Secretary of State to direct holding of reviews), substitute—
At the end of section 219 of the 1972 Act (sheriffs and under-sheriffs), after subsection (8) add—
At the end of section 224 of the 1972 Act (arrangements by principal councils for custody of documents) add—
For section 269 of the 1972 Act (meaning of “England” and “Wales”) substitute—
In Schedule 1 to the Interpretation Act 1978 (words and expressions defined) for the definition of “Wales” substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 1 of the Magistrates’ Courts Act 1980 (issue of summons to accused or warrant for his arrest), in subsection (8) after “county” insert “ in England, any preserved county in Wales ”. In section 2 of that Act (jurisdiction to deal with charges), in subsections (1) and (3) after first “county” insert “ in England, a preserved county in Wales ” and after second “county” insert “ , the preserved county ”. In section 3 of that Act (offences committed on boundaries etc.), in subsection (4) after “county” insert “ in England, any preserved county in Wales ”. In section 150(1) of that Act (interpretation), after the definition of “prescribed” insert—.
The provisions of section 177 of the Representation of the People Act 1983 (local election offence punishable summarily) shall be subsection (1) of that section and at the end add— Note: in relation to any constituency in Wales, “county” in this form refers to a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3. The following is substituted for Schedule 5 to the 1972 Act—
Section 18(7). After Schedule 1 to the planning Act insert the following Schedule—
Section 20(3).
Part II of the planning Act is amended as provided in this Part of this Schedule.
In section 12 (preparation of unitary development plan), at the end add—
In sections 15 and 18 (adoption of unitary development plan by local planning authority, and calling in of unitary development plan for approval by Secretary of State), in subsection (3) in each case, after “unitary development plan” insert “ for an area in England ”.
After section 23 (joint unitary development plans), insert the following sections—
In section 26 (regulations and directions), after subsection (3) insert—
After section 27 insert the following section—
For section 29 (application of Chapter II to non-metropolitan areas), substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
structure plan,
local plan,
minerals local plan,
waste local plan, or
modified plan,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 20(4).
In section 184 of the 1972 Act (National Park and countryside functions), for subsection (1) substitute—
Schedule 17 to the 1972 Act is amended as provided in paragraphs 13 and 14.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraph 37 (identification of local planning authority), after “in relation to land” insert “ in England ”.
In section 57 of the National Parks and Access to the Countryside Act 1949 (penalty for displaying on footpaths notices deterring public use), in subsection (3), after “district” insert “ or, where they are not the highway authority, the council of the Welsh county or county borough ”. The provisions of section 69 of that Act (suspension of public access to avoid exceptional risk of fire) shall be subsection (1) of that section and at the end of that section add— In Schedule 1 to that Act (orders designating National Parks and other orders)—
In section 148 of the Local Government, Planning and Land Act 1980 (planning control), in subsection (4) for “References” substitute “ Except in relation to land in Wales, references ”. In Schedule 28 to that Act (powers of urban development corporations), in paragraph 11(2)(i), after “district planning authority” insert “ or, in Wales, the local planning authority ”.
In section 17 of the Acquisition of Land Act 1981 (special parliamentary procedure for purposes of acquisition of local authority and statutory undertakers’ land)— In paragraph 4 of Schedule 3 to that Act (acquisition of new rights over special kinds of land)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
after “1972;” at the end of paragraph (a), insert—;
in paragraph (b), after “reconstituted” insert “or constituted”, after “3” insert “or 3A” and for “that Schedule” substitute “Schedule 17 to the Act of 1972”.
a Welsh planning board, and, after that subsection, insert—
A joint planning board constituted under section 2(1B) of the Town and Country Planning Act 1990. A special planning board constituted under paragraph 3A of Schedule 17 to the Local Government Act 1972.
In Section 74 of the Local Government Finance Act 1988 (power of Secretary of State to make regulations authorising a levying body to issue a levy) at the end add—
In Schedule 8 to the Electricity Act 1989 (consents for generating stations and overhead lines), in paragraph 2(6), in paragraph (a) omit “and Wales” and after that paragraph insert—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 110(2) of that Act (registration of compensation for depreciation), after “district” insert “ , Welsh county, county borough ”. In section 137(2) of that Act (service of purchase notice), after “district” insert “ , Welsh county, county borough ”. In section 140(2) of that Act (notice to be given by Secretary of State where purchase notice referred to him), in paragraph (c)— In section 188(1) of that Act (register of enforcement and stop notices), after “planning authority” insert “ , every local planning authority for an area in Wales ”. In section 226 of that Act (compulsory acquisition of land for development and other planning purposes), in subsection (6)— and, in subsection (8), after “counties,” insert “ county boroughs, ”. In section 227(1) of that Act (acquisition of land by agreement), after “county,” insert “ county borough, ”. In section 231(1) of that Act (power of Secretary of State to require acquisition or development of land), after “county,” insert “ county borough, ”. In section 247(3)(b) of that Act (highways affected by development: orders by Secretary of State), after “county council,” insert “ county borough council, ”. In section 252 of that Act (procedure for making of orders under Part X), in subsection (12), in the definition of “local authority”— In section 253(4) of that Act (procedure in relation to orders for stopping up or diversion of highways in anticipation of planning permission), after “county,” insert “ county borough, ”. In section 307(1) of that Act (assistance for acquisition of property where objection made to blight notice in certain cases), after “county,” insert “ county borough, ”. In section 336 of that Act (interpretation), in subsection (1)— After section 336(1) of that Act insert— In paragraph 8 of Schedule 1 to that Act (local planning authorities: distribution of functions), in sub-paragraphs (1) and (2)(a), omit “or community”. In paragraph 3 of Schedule 13 to that Act (blighted land), for “for the district in which it” substitute “ where the land ”. In paragraph 1 of Schedule 14 to that Act (procedure for footpaths and bridleways orders)— In Part I of Schedule 16 to that Act (provisions referred to in sections 314 to 319 of that Act), for “Section 1(1), (2), (3) and (5)” substitute “ Section 1(1) to (3), (5) and (6) ”. In paragraph 4 of Schedule 17 to that Act (enactments exempted from section 333(6)), after “a county council” insert “ , county borough council ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 1 of the Planning (Hazardous Substances) Act 1990 (hazardous substances authorities: general), after “district” insert “ , Welsh county, county borough ”. In section 3(1) of that Act (hazardous substances authorities: other special cases), after “non-metropolitan county” insert “ in England ”.
In Schedule 3 to the Planning (Consequential Provisions) Act 1990 (transitional provisions and savings), in paragraph 8(1), after “district planning authority” insert “ or, in Wales, the local planning authority ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 22(1).
Section 1 of the Highways Act 1980 (which makes general provision for determining the highway authority) is amended as follows. After subsection (3) insert— After subsection (4) add—
Section 6 of that Act (delegation etc. of functions with respect to trunk roads) is amended as follows. After subsection (1A) of that section insert—. In subsection (6) of that section— In subsection (6A) of that section, for “district council” substitute “ contracting council ” and after paragraph (b) insert—
In section 8(4) of that Act (restrictions on certain agreements between local highway authorities)—
after first “county” insert “ (other than one in Wales) ”;
after “another county” insert “ or county borough ”;
for “the counties” substitute “ their areas ”;
after “or of a county” insert “ or county borough ”; and
after “the other county” insert “ or, as the case may be, county borough ”.
In section 36(7) of that Act (highways maintainable at public expense), after “the council of a county” insert “ in England ”.
In section 47(3) of that Act (procedure for applications with regard to unnecessary highways), after “relating to any highway” insert “ in England ”.
In section 67 of that Act (guard-rails in private streets), in subsection (5), at the end add “but, in relation to a street in Wales, means a Welsh council”.
In section 69 of that Act (subways), in subsection (3) at the end add “or, in the case of a road in Wales, as if the Welsh council in whose area it is situated were the highway authority for it”.
In section 79 of that Act (prevention of obstruction at corners), after subsection (3) insert—
In section 100 of that Act (drainage of highways), after subsection (6) insert—
In section 114 of that Act (provision of public conveniences), after subsection (2) insert—
In section 116(3) of that Act (notice of application to stop up or divert highway), after paragraph (a) insert—; and after “by the district council” insert “ or Welsh council ”.
In section 120 of that Act (exercise of powers under sections 118 to 119A), in subsection (2)(a), for “the” immediately before “other council” substitute “ any ”.
In section 151 of that Act (prevention of soil etc. being washed on to street), after subsection (1) insert—
In section 154 of that Act (overhanging and dangerous trees etc.), after subsection (1) insert—
In section 166 of that Act (forecourt abutting on streets), in subsection (5), after “Middle Temple,” insert “ a Welsh council ”.
In section 185 of that Act (power to install refuse or storage bins in streets), in subsection (1)(a), for “also” substitute “ if different ”.
In section 204(2) of that Act (advance payments code), at the end add—
Section 205 of that Act (street works in private streets), is amended as follows. After subsection (4) insert— and, in the case of any part of a street in Wales which is treated as being in the area of a street works authority which are not the local Welsh council for it, at the offices of the local Welsh council.
In section 210 of that Act (power to amend specification, apportionment, etc), at the end of subsection (2) insert “ and, in the case of any part of a street in Wales, the Welsh council for the county or county borough in which it is situated, if different from the street works authority in whose area it is treated as situated. ”
In section 219 of that Act, (exceptions to application of advance payments code), after subsection (4) insert—
In section 220 of that Act (determination of payments under advance payments code), in subsection (1), after first “subsection (2)” insert “ or (2A) ”, after “district council” insert “ or Welsh council ” and for second “subsection (2)” substitute “subsections (2) and (2A)” and, after subsection (2), insert—
In section 223 of that Act (determination to cease to have effect when plans not proceeded with), at the end add—
In section 232 of that Act (power to treat as a private street land designated by development plan), in subsection (9), for “27” substitute “ 27, 27A ”.
In section 264 of that Act (vesting of drains etc. of certain roads), at the end insert—
After section 272(5) of that Act (advances for purposes of works under section 96) insert—
In section 287 of that Act (power to erect barriers in streets in cases of emergency etc.), in subsection (6), at the end add “but, in relation to Wales, means a Welsh council”.
Section 329 of that Act (further provision as to interpretation) is amended as follows. In subsection (1)— After subsection (2) insert— After subsection (3) of that section insert—
In Schedule 9 to that Act (improvement lines and building lines), after paragraph 2 insert—
In Schedule 12 to that Act (provisions as to orders under section 116 of that Act), in paragraph 1(d) after “district council” insert “ if the highway is a classified road in a Welsh county or county borough and the council of that county or county borough is not the highway authority, to the council of that county or county borough ”.
In section 8(4)(b) of the Conwy Tunnel (Supplementary Powers) Act 1983 (provisions supplementary to section 7), for “the Aberconwy Borough Council” substitute “ the Aberconwy and Colwyn County Borough Council ”.
In section 1(11) of the Level Crossings Act 1983 (interpretation), in the definition of “local authority”—
omit “and Wales”, and
after “City of London” insert “, in relation to Wales, means any council of a county or county borough”.
In section 94 of the New Roads and Street Works Act 1991 (power of street authority or district council to undertake street works), after subsection (1) insert— In paragraph 2 of Schedule 2 to that Act (procedure in connection with toll orders), in sub-paragraph (3), after “City of London” insert “ but, in relation to Wales, means a county council or county borough council ”.
In section 39(1) of the Severn Bridges Act 1992 (interpretation), in the definition of “local authority”, at the end insert “ but, in relation to Wales, means a county council or a county borough council ”. In paragraph 8 of Schedule 2 to that Act (correction of deposited plans), in sub-paragraph (3), for “Monmouth Borough Council” substitute “ Monmouthshire County Council ”. In of Schedule 3 to that Act (other highway works)—
In section 11 of the Transport and Works Act 1992 (inquiries and hearings), in subsection (4), after “the Council of the Isles of Scilly” insert “ , a county borough council, ”. In section 14 of that Act (publicity for making or refusal of orders), in subsection (7), at the end insert “ but are, in relation to Wales, county councils and county borough councils ”. In section 48 of that Act (footpaths and bridleways over railways), in subsection (8), in the definition of “local authority” after “City of London” insert “ , a county borough council, ”.
In section 159 of the Transport Act 1968 (interpretation), at the end add—
In section 82 of the Public Passenger Vehicles Act 1981 (general interpretation provisions), at the end add—
In section 35 of the Transport Act 1981 (charges for licensing of cabs and cab drivers), after subsection (3) insert—
In section 39 of the Road Traffic Regulation Act 1984 (supplementary provisions as to exercise of powers under sections 32 to 35 in England or Wales), in subsection (4), omit “a district council in Wales proposes to make an order under section 32 or 35 of this Act, or”, and after subsection (7) insert— In section 44 of that Act (control of off-street parking outside Greater London)— In section 45(7) of that Act (definition of “local authority” for purposes of sections making provision for parking on highways)— In section 49 of that Act (supplementary provisions as to designation orders and designated parking places), omit subsection (3). Omit section 54 of that Act (designation orders in Wales). In section 55 of that Act (financial provisions relating to designation orders)— In section 59 of that Act (consents for, and provisions as to use of, parking places under section 57(1)(b)), in subsection (2), in paragraph (b) omit “or community” and after that subsection insert— In section 100 of that Act (interim disposal of vehicles removed under section 99), in subsection (5), in paragraph (b) of the definition of “local authority”, for “or of a district” substitute “ or county borough ”. In section 125(4) of that Act (boundary roads), omit the words from “or, in relation to” to the end. In section 142 of that Act (interpretation), after subsection (1) insert— In Schedule 9 to that Act (special provisions as to certain orders)—
In section 63(4) of the Transport Act 1985 (functions of local councils with respect to passenger transport outside passenger transport areas), omit “and Wales”. In section 64(1) of that Act (consultation and publicity with respect to policies as to services), omit “and Wales”. In section 66(1) of that Act (exclusions of powers of certain councils to run bus undertakings) for “and Wales” substitute “ a county council or county borough council in Wales ”. Section 81 of that Act (provision, maintenance and operation of bus stations) is amended as provided in subsections (5) to (7). After subsection (2) insert— After subsection (5) of that section insert— In subsection (6) of that section, for “(3) or (5)” substitute “ (3), (5) or (5A) ”. In section 87 of that Act (interpretation of Part IV), at the end add—and In section 105 of that Act (travel concessions on services provided by local authorities), after subsection (2) insert— In section 137 of that Act (general interpretation), after subsection (2) insert—
In section 192 of the Road Traffic Act 1988 (general interpretation of Act), after subsection (1) insert— In paragraph 1(b) of Schedule 2 to that Act (deferred tests of condition of vehicles)—
Section 4 of the Road Traffic Offenders Act 1988 (offences for which local authorities in England and Wales may institute proceedings) is amended as follows. In subsection (5)— After subsection (7) add—
In section 47 of the Road Traffic Act 1991 (applications for licences to drive hackney carriages etc.), after subsection (2) add—
In Schedule 3 to the Road Traffic Act 1991 (permitted and special parking areas outside London)—
in paragraphs 1(1)(a) and 2(1)(a), omit “and Wales”;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
omit paragraphs 1(1)(e) (except the word “or” immediately before paragraph (f)) and (2) and 2(2).
Section 22(2).
In section 28 of the Leasehold Reform Act (retention or resumption of land required for public purposes), after subsection (6) insert— In Schedule 4A to that Act (exclusion of certain shared ownership leases), in paragraph 2(2)(a), after “county,” insert “ county borough, ”.
In section 5 of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or to local authority, etc.), in subsection (3)(a), after “county” insert “ , county borough ”.
In section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority, etc.), in paragraph (a), after “county” insert “ or county borough ”. In section 62 of that Act (registration areas for registration of rents), in paragraph (a), after “counties” insert “ and county boroughs ”. In section 83 of that Act (local authorities for Part V), in paragraph (a), after “question,” insert—. In section 124(8) of that Act (which defines “local authority” for the purposes of that section), at the end add “ or, in Wales, the council of a county or county borough ”. In section 149 of that Act (powers of local authorities for the purposes of giving information), in subsection (2), after paragraph (a) insert—.
In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences), in subsection (8)(a), after “county,” insert “ county borough, ”. In section 6 of that Act (prosecution of offences), after paragraph (a) insert—.
In section 1 of the Housing Act 1985 (local housing authorities), after “City of London” insert “ a Welsh county council or county borough council ”. In section 2(1) of that Act (the district of a local housing authority), after “City of London” insert “ the Welsh county or county borough, ”. In section 4 of that Act (other descriptions of authority), in paragraph (e), after “county,” insert “ county borough, ”. In section 14 of that Act (exercise of powers by authority outside district), in subsection (2), in paragraph (b), after “outside that county” insert “ but in England ” and after that subsection insert—;
In section 34 of the Housing Associations Act 1985 (provision of land by county councils), in subsection (1), after “wishes to erect houses” insert “ in England ”. In section 106(1) of that Act (minor definitions: general), in the definition of “local authority”, after “county,” insert “ county borough, ”.
In section 38 of the Landlord and Tenant Act 1985 (minor definitions), in the definition of “local authority” after “county” insert “ county borough ”.
In section 58 of the Landlord and Tenant Act 1987 (exempt landlords and resident landlords), in subsection (1)(a) after “county” insert “ , county borough ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies), in paragraph 12(2)(a) (local authority tenancies etc.), after “county,” insert “ county borough, ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 172 of that Act (transfer of new town housing stock)—
In section 15A of the Social Security Administration Act 1992 (payment out of benefit of sums in respect of mortgage interest etc.), in subsection (3)(d), after “county council,” insert “ county borough council, ”.
Section 22(3).
In section 9 of the Celluloid and Cinematograph Film Act 1922 (definitions), in the definition of “local authority”, after “of a county” insert “ or county borough ”.
In section 2(1)(c) of the Petroleum (Consolidation) Act 1928 (local authorities empowered to grant petroleum-spirit licences outside Greater London), after “county council” insert “ or county borough council ”.
In section 1 of the Public Health Act 1936 (local authorities), in paragraph (a) of subsection (1), at the beginning insert “ except in Wales, ” and omit “or community”, and after that paragraph insert—. In subsection (2) of section 1— In section 6 of that Act (union of districts, etc.), at the end add— In section 267 of that Act (application to ships and boats), after subsection (2) insert— In section 309 of that Act (expenses of joint boards), at the end add—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 2 of the Nurses Agencies Act 1957 (licensing of agencies), at the end of subsection (1) add “but, in relation to a county or county borough in Wales, means the council of that county or county borough.”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 6(4) of the Riding Establishments Act 1964 (interpretation), in the definition of “local authority”, after “City of London;” insert “ in Wales means the council of a county or county borough; ”.
In section 43(1) of the Fire Precautions Act 1971 (interpretation), in the definition of “local authority”, in paragraph (a) omit “and Wales” and after that paragraph insert—.
In section 53(1) of the Health and Safety at Work etc. Act 1974 (general interpretation of Part I), in the definition of “local authority”, in paragraph (a) omit “and Wales” and after that paragraph insert—.
In section 22 of the Control of Pollution Act 1974 (street cleaning etc), in subsection (4), in the definition of “local authority”, after “City of London” insert “ but, in relation to Wales, means the council of a county or county borough ”. In section 30 of that Act (interpretation etc. of Part I), in subsection (1), after “following subsection” insert “ and to subsection (6) below ”, and at the end add— In section 73(1) of that Act (interpretation of Part III), in paragraph (a) of the definition of “local authority” omit “and Wales” and after “Middle Temple;” insert—. In section 98 of that Act (interpretation of Part V), in paragraph (a) of the definition of “relevant authority” omit “and Wales” and at the end of that paragraph insert—. In section 105(1) of that Act (general interpretation), after “county” insert, “county borough”.
In section 11(1) of the Refuse Disposal (Amenity) Act 1978 (interpretation), in paragraph (c) of the definition of “local authority”, for “district council” substitute “ county council or county borough council ”.
The provisions of section 10 of the Litter Act 1983 (interpretation) shall be subsection (1) of that section, and at the end of that section add—
and in subsection (4)(c), after “county councils” insert “or county borough councils”. In section 13 of that Act (regulations for control of certain diseases), in subsection (4)(a), after “county councils,” insert “county borough councils,”. In section 53 of that Act (interpretation of Part IV), in the definition of “canal”, after “county” insert “or county borough”. In section 64 of that Act (restriction on right to prosecute), in subsection (2)(a), after “district council” insert “Welsh county council, county borough council”. In section 74 of that Act (general interpretation), in the definition of “district”, at the end add “and, in relation to a local authority in Wales, means a county or county borough”.
In section 61 of the Food Act 1984 (interpretation for Part III), in the definition of “local authority”, after “parish” insert “ council but, in relation to Wales, means a county council, county borough council ”.
In section 18 of the Building Act 1984 (building over sewer etc.), after subsection (2) insert— In section 87 of that Act (application of provisions to Crown property), after subsection (2) insert— In section 126 of that Act (general interpretation), in the definition of “local authority”, after “Isles of Scilly” insert “ but, in relation to Wales, means the council of a county or county borough; ”.
In section 5 of the Food Safety Act 1990 (definition of food authority), in subsection (1) omit “and Wales”, and after that subsection insert— In section 27(5) of that Act (appointment of public analysts), after “district” insert “ in England ”.
In section 4(11) of the Environmental Protection Act 1990 (which defines “local authority” for the purposes of Part I), . . . after “Isles of Scilly;” insert—. In section 30 of that Act (authorities for purposes of Part II), for subsection (2)(f) substitute—. In subsection (3) of section 30, in paragraph (a) omit “and Wales” and after paragraph (b) insert—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 79(7) of that Act (miscellaneous definitions for purposes of Part III), in paragraph (b) of the definition of “local authority”, at the beginning insert “ in England ” and after “council;” insert—. In section 86 of that Act (preliminary provisions relating to litter), in subsection (2), after paragraph (a) insert—. In subsection (9)(b) of section 86, at the beginning insert “in England” and after “district;” insert—. In section 88 of that Act (fixed penalty notices for leaving litter), in subsection (9)— In that Act, in each of— for “a” immediately before “county council” substitute “ an English ”, and immediately before each of “regional” and “joint” insert “ a ”. In section 93(1) of that Act (street litter control notices), for “a” immediately before “county council” substitute “ an English ”, and immediately before “regional” insert “ a ”. In section 99(5) of that Act (provisions relating to abandoned trolleys), in paragraph (d), after “Isles of Scilly;” insert—. In section 143 of that Act (public registers of land which may be contaminated), in subsection (6), in paragraph (b) of the definition of “local authority”, omit “and Wales” and after “council;” insert—. In section 149 of that Act (seizure of stray dogs), in subsection (11), in the definition of “local authority” omit “and Wales” and after “Isles of Scilly” insert “ in relation to Wales, means a county council or a county borough council ”.
In section 64(1) of the Clean Air Act 1993 (general provisions as to interpretation) in the definition of “local authority”, in paragraph (a) omit “and Wales” and after “Middle Temple” insert—.
Section 22(4).
Section 96 of the Children and Young Persons Act 1933 (provisions as to local authorities) is amended as follows. In subsection (1A), at the end add “but, in relation to Wales, shall be the councils of counties and county boroughs”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 47 of the National Assistance Act 1948 (removal to suitable premises of persons in need of care and attention), in subsection (12), after “City of London” insert “ , in Wales the councils of counties and county boroughs ”. In section 64(1) of that Act (interpretation), in the definition of “local authority” at the end add “ but in relation to Wales means the council of a county or county borough ”.
In section 3 of the Disabled Persons (Employment) Act 1958 (provision of sheltered employment by local authorities), in subsection (5), omit “or Wales” and at the end add “ and in relation to Wales, the council of a county or county borough ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 63 of that Act (interpretation), in subsection (1A), after “metropolitan counties),” insert “ of county boroughs, ”.
In section 45 of the Health Services and Public Health Act 1968 (promotion, by local authorities, of the welfare of old people), in subsection (11), after “county, or of a” insert “ county borough, ”. In section 64 of that Act (financial assistance to certain voluntary organisations), in subsection (3)(b), after “non-metropolitan county,” insert “ county borough, ”. In section 65 of that Act (which makes similar provision relating to financial assistance by local authorities), in subsection (3)(a), after “county, or of a” insert “ county borough, ”.
In section 70(1) of the Children and Young Persons Act 1969 (interpretation), in the definition of “local authority”, after “county or of a” insert “ county borough, ”.
In section 1 of the Local Authority Social Services Act 1970 (local authorities for the purposes of the Act), at the end add “ but, in relation to Wales, shall be the councils of counties and county boroughs ”.
In section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons), in subsection (8), omit “or Wales” and after “London borough” insert “ , the council of a Welsh county or county borough ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 5 to the Supplementary Benefits Act 1976 (re-establishment courses and resettlement units)—
in paragraph 2(2), after “counties” insert “ , of county boroughs ”; and
in paragraph 4(2), after “county,” insert “ a county borough, ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Part II of Schedule 9 to the Health and Social Services and Social Security Adjudications Act 1983 (meals and recreation for old people)—
in paragraphs 1 and 2, after “council” insert “ or Welsh county council or county borough council ” in each place; and
in paragraph 3, after “district councils” insert “ or Welsh county councils or county borough councils ” in all places.
In section 105 of the Children Act 1989 (interpretation), in the definition of “local authority” in subsection (1), omit “and Wales” and after “City of London” insert “, in relation to Wales, the council of a county or a county borough”.
In section 46 of the National Health Service and Community Care Act 1990 (local authority plans for community care services), in subsection (3), in the definition of “local authority”, after “county,” insert “ a county borough, ”.
Section 22(5).
In section 2 of the Reservoirs Act 1975 (functions of local authorities), in subsection (1)—
omit “and Wales”; and
after “London boroughs” insert “ , in Wales, the councils of counties and county boroughs ”.
In section 191 of the Water Industry Act 1991 (duties to make recreational facilities available when building reservoirs in Wales), in subsection (2)(b), for “district” substitute “ county or county borough ”. In section 219 of that Act (interpretation), in subsection (1), in the definition of “local authority”, at the end add “ but, in relation to Wales, means the council of a county or county borough ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 140 of that Act (appeals relating to contributions from internal drainage boards), in subsection (1)(b), after “county” insert “ , county borough ”. In section 167 of that Act (power to dispose of spoil in connection with flood defence works), in subsection (3), after “London borough” insert “ or Welsh county or county borough ”. In section 184 of that Act (duties to make recreational facilities available when building reservoirs in Wales), in subsection (2)(b), for “district” substitute “ county or county borough ”. In section 221 of that Act (general interpretation), in the definition of “local authority” in subsection (1), after “county,” insert “ county borough, ”. In Schedule 8 to that Act (proceedings on applications for drought orders), in the Table in paragraph 1(2), for “a county” in each place substitute “ an English county ”. In Schedule 14 to that Act (orders transferring main river functions to the Authority), in paragraph 2(2)(a), after “county council” insert “ , county borough council ”. In Schedule 15 to that Act (drainage charges), in paragraph 13(4), after “London borough” in each place insert “ or Welsh county or county borough ”. In Schedule 16 to that Act (schemes imposing special drainage charges)— In Schedule 19 to that Act (orders conferring compulsory works powers), in paragraph 1(3)(a), for “a county” substitute “ an English county ”.
In section 10 of the Land Drainage Act 1991 (exercise of default powers by local authorities), in subsection (1), after “county,” insert “ county borough, ”. In section 14 of that Act (general drainage powers of boards and local authorities), in subsection (4)(b), for “a county” substitute “ an English county ”. In section 15 of that Act (disposal of spoil by boards and local authorities), in subsection (5), for “London borough,” substitute “ London borough or Welsh county or county borough, ”. In section 16 of that Act (exercise of local authority powers under sections 14 and 15), in subsection (1), for “subsection (3)” substitute “ subsections (3) and (3A) ”, in subsection (2), after “borough council” insert “ or Welsh county council or county borough council ”, and at the end add— In section 18 of that Act (drainage of small areas), after subsection (1) insert— In section 20 of that Act (arrangements with other persons for carrying out drainage works), at the end add— In section 55 of that Act (powers to borrow), in subsection (2), after “county” insert “ , county borough ”. In section 57 of that Act (contributions by the NRA to expenses of internal drainage boards), in subsection (4)(b), after “county” insert “ , county borough ”. In section 58 of that Act (allocation of NRA revenue for its functions as an internal drainage board), in subsection (4), after “county” insert “ , county borough ”. In section 62 of that Act (powers to acquire land), in subsection (2), after “London borough” insert “ or Welsh county or county borough ”. In section 66 of that Act (powers to make byelaws), in subsections (1) and (2), for “a county” in each place substitute “ an English county ”. In section 72 of that Act (interpretation), in the definition of “local authority” in subsection (1), after “county,” insert “ county borough, ”. In Schedule 2 to that Act (expenses and proceedings etc of internal drainage boards), in paragraphs 4(1)(b) and 5(1)(b), after “county” in each place insert “ , county borough ”. In Schedule 3 to that Act (procedure with respect to certain orders), in paragraph 2(2)(a), after “county council”, insert “ , county borough council ”. In Schedule 4 to that Act (schemes for small drainage works), in paragraph 3(2), after “county,” insert “ county borough, ”.
In section 2 of the Coast Protection Act 1949 (constitution of coast protection boards), in subsection (2)(a), after “county” insert “ (other than one in Wales) ”. In section 20 of that Act (contributions towards expenses of coast protection)— In section 21 of that Act (grants), in subsection (1)(b), after “county” insert “ or county borough ”. In section 22 of that Act (incidental use of land acquired for coast protection), in subsection (2), for “or Wales” substitute “ , the council of a county or county borough in Wales ”. In section 45 of that Act (service of notices and other documents), in subsection (1)(b), after “county,” insert “ county borough, ”. In section 49 of that Act (interpretation), in the definition of “maritime district”, after second “district” insert “ or Welsh county or county borough ”. In Schedule 1 to that Act (orders), in paragraph 1(a), after “county,” insert “ county borough, ”.
Section 38(11).
In section 148 of the 1972 Act (principal councils’ funds and accounts) at the end add—
After section 89 of the Local Government Finance Act 1988 insert—
In section 111(2) of that Act (relevant authorities for purposes of provisions relating to financial administration) after paragraph (a) insert—.
Section 32 of the Local Government Finance Act 1992 (calculation of budget requirement) is amended as follows. In subsection (3)(a), after “fund” insert “ or (as the case may be) council fund ”. After subsection (3) insert— In subsection (7)(a)(i), after “general fund” insert “ or (as the case may be) council fund ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (9)(b), for “(8)” substitute “ (8B) ”.
Section 33 of that Act (calculation of basic amount of council tax) is amended as follows. In subsection (1), after “general fund” insert “ or (as the case may be) council fund ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 35 of that Act (definition of “special items”), at the end add—
In sections 37 . . . of that Act (substitute calculations), . . . in subsection (5)(a), after “general fund” insert “ or (as the case may be) council fund ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 39
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may from time to time give such advice to the Secretary of State with respect to the exercise by him of his powers under section 54(2)(c) as it considers appropriate; and
shall give to the Secretary of State advice on such matters connected with the exercise of those powers as he may specify.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 111(1) and (3) (subsidiary powers);
sections 112 to 115 and 117 to 119 (staff);
section 128(2) (protection of purchasers);
section 140, 140A and 140C (insurance of members etc.);
section 146 (transfer of securities);
section 223 (appearance in legal proceedings);
sections 224, 225 and 229 to 233 (documents); and
section 239, so far as it relates to opposing a local or personal Bill in Parliament but without the procedural requirements in subsection (2).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Landlord and Tenant Act 1954 (c. 56);
the Caravan Sites and Control of Development Act 1960 (c. 62);
the Local Government (Records) Act 1962 (c. 56);
section 13(7)(f) of the Employment Agencies Act 1973 (c. 35) (circumstances in which Act does not apply);
section 28 of the Health and Safety at Work etc. Act 1974 (c. 37) (restrictions on disclosure of information);
sections 30 (repayment of advances of remuneration), 38 (use of spare capacity) and 41 (resolutions, minutes, etc.) of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57);
section 71 of the Race Relations Act 1976 (c. 74) (general statutory duty of local authorities);
section 64 of the Justices of the Peace Act 1979 (c. 55) (disqualification in certain cases of justices who are members of local authorities);
section 41 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (lost property etc.);
paragraph 7 of Schedule 1 to the Stock Transfer Act 1982 (c. 41) (specified securities);
section 60 of the County Courts Act 1984 (c. 28) (rights of audience);
sections 84(5)(b) (agreements to indemnify certain lenders) and 85(4) (meaning of “relevant advance”) of the Housing Associations Act 1985 (c. 69);
sections 7 (transfer of local authority mortgages) and 9 (interpretation etc.) of the Local Government Act 1986 (c. 10); and
section 157 of the Local Government and Housing Act 1989 (c. 42) (periodic payment of grants).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
sections 43 and 44 (consent required for certain disposals of houses);
sections 45 to 51 (restrictions on recovery of service charges after disposal of house);
section 80 (secure tenancy: landlord condition);
sections 442 (so far as relates to agreements within subsection (1)(b)) and 443 (local authority contributions to mortgage costs); and
Part XVI (assistance for owners of defective premises disposed of by local authorities and others).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 14(4) (exclusion of implied repairing obligation);
sections 18 to 30 (service charges); and
paragraph 9(1) of the Schedule (rights of tenants with respect to insurance: exceptions).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 11 of the Trustee Investments Act 1961 (c. 62) (local authority investment schemes);
section 28(5)(a) of the Leasehold Reform Act 1967 (c. 88) (retention or resumption of land required for public purposes);
paragraph 2 of Schedule 4A to the Act of 1967 (exclusion of certain shared ownership leases);
section 3(1) of the Employers' Liability (Compulsory Insurance) Act 1969 (c. 57) (employers exempted from insurance); and
section 5(2) of the Rent (Agriculture) Act 1976 (c. 80) (statutory tenancies).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 99(4) (directions to dispose of land) of and Schedule 16 (bodies to whom Part X applies) to the Local Government, Planning and Land Act 1980 (c. 65);
section 58(1) of the Landlord and Tenant Act 1987 (c. 31) (exempt landlords and resident landlords);
Schedule 2 to the Local Government Act 1988 (c. 9) (public authorities to which section 17 of the Act applies); and
section 144(2)(a) of the Road Traffic Act 1988 (c. 52) (third party insurance or security: exceptions).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in paragraph (a), after “the London Residuary Body” insert “the Residuary Body for Wales (Corff Gweddilliol Cymru)”; and
in paragraph (b), after “Greater London,” insert “in relation to the Residuary Body for Wales (Corff Gweddilliol Cymru) means Wales”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Commission shall consist of not less than 4 and not more than 7 members, at least one of whom shall be Welsh-speaking. The members shall be appointed by the Secretary of State. The Secretary of State shall appoint one of the members to be chairman. Subject to the provisions of this paragraph, each member shall hold and vacate office in accordance with the terms of his appointment. A person who ceases to be a member shall be eligible for re-appointment. A member may resign his office by notice in writing to the Secretary of State. The Secretary of State may remove a member from office if he is satisfied that the member— A person shall cease to be chairman of the Commission—
The Commission shall pay to its members such remuneration and allowances (if any) as the Secretary of State may determine. The Commission shall— If, when any member ceases to hold office, the Secretary of State determines that there are special circumstances which make it right that that member should receive compensation, the Commission shall pay to him by way of compensation such sum as the Secretary of State may determine. The consent of the Treasury is required for any determination of the Secretary of State under this paragraph.
The Commission shall appoint a person to act as its secretary and may appoint such other staff as it may determine. The consent of the Secretary of State is required for the appointment of any person as secretary to the Commission. The terms and conditions of appointment of any person under this paragraph shall be determined by the Commission with the consent of the Secretary of State. The Commission shall pay to its staff such remuneration, and such allowances, as the Secretary of State may determine. The Commission may— Any reference in sub-paragraph (5) to pensions, allowances or gratuities to or in respect of any persons includes a reference to payments by way of compensation to or in respect of any members of the Commission’s staff who suffer loss of office or employment or loss or diminution of emoluments. The consent of the Treasury is required for the giving of any consent under sub-paragraph (3) or for the making of any determination under sub-paragraph (4) or (5).
Without prejudice to any powers exercisable apart from this paragraph, the Commission shall have power to do anything (whether or not involving the acquisition or disposal of any property or rights) which— The Commission shall not by virtue of this paragraph have power to borrow money or to cause any local inquiry to be held. Where the Commission asks a public body to supply it with any information which it reasonably requires in connection with any of its functions, it shall be the duty of that body to supply the Commission with that information. The Secretary of State may give directions as to the exercise by the Commission of its powers under this paragraph.
Subject to the following provisions of this Schedule, the Commission may regulate its own proceedings. The validity of any proceedings of the Commission shall not be affected by a vacancy amongst its members or by a defect in the appointment of a member, or by a contravention of paragraph 7.
Anything authorised or required by or under this Act to be done by the Commission may be done by—
any member of the Commission, or of its staff, who has been authorised for the purpose, whether generally or specially, by the Commission; or
any committee or sub-committee of the Commission which has been so authorised.
A member who is directly or indirectly interested in any matter brought up for consideration at a meeting of the Commission shall disclose the nature of his interest to the meeting. Where such a disclosure is made, the member shall not take part in any deliberation or decision of the Commission with respect to that matter.
The application of the seal of the Commission shall be authenticated by the signature of any member of the Commission, or of its staff, who has been authorised by the Commission, whether generally or specially, for the purpose. Any document purporting to be a document duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is shown, be deemed to have been so executed.
The Secretary of State shall, in respect of each accounting year, pay to the Commission such amount as he may, with the consent of the Treasury, determine to be the amount required by the Commission for the discharge of its functions during that year. In this paragraph and paragraph 10 “accounting year” means the period beginning with the day on which the Commission is established and ending with the financial year current on that day, and each successive financial year.
The Commission shall— The accounts shall be audited by persons appointed for the purpose for each accounting year by the Secretary of State. A copy of any accounts audited under sub-paragraph (2) and of the report made on those accounts by the persons appointed to audit them shall be sent to the Secretary of State as soon as is reasonably practicable after the report is received by the Commission. The Secretary of State shall lay before each House of Parliament a copy of any accounts or report sent to him under this paragraph.
In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), insert at the appropriate place— “ The Staff Commission for Wales (Comisiwn Staff Cymru) ”.
In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified for membership of the House of Commons) and in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified for membership of the Northern Ireland Assembly), insert at the appropriate place— “ The Staff Commission for Wales (Comisiwn Staff Cymru) ”.
The Commission shall use its best endeavours to secure that its work is completed as soon as practicable and in any event by the end of the transitional period. In this paragraph “the transitional period” means the period of three years beginning with the commencement of section 40. Subject to sub-paragraph (4), the Commission shall be wound up at the end of the transitional period. The Secretary of State may by order provide for sub-paragraph (3) to have effect with the substitution for the transitional period of such longer period as may be specified in the order.
Section 66(5).
The 1972 Act is amended as follows.
For section 22(4) (which makes provision with respect to the chairmen of principal councils), substitute—
After section 25, insert—
In section 30 (restriction on community applications during certain periods)—
in subsection (1), omit paragraph (a) (including “or” at the end) and in paragraph (b), for “the county or district” substitute “ any area ”;
omit subsection (2);
in subsection (3), for “district” substitute “ principal ”;
in subsection (4), for “subsections (1) and (2)” substitute “ subsection (1) ”, for “district” substitute “ area ”; and
in subsection (5), for “or 29” substitute “ , 29 or 29A ”.
In section 31 (provisions supplementary to sections 27 to 29)—
in subsection (1), for “27, 28 or 29” substitute “ 28, 29 or 29A ”; and
for “district” substitute (in both places) “ principal ”.
For section 37 (establishment of new authorities in Wales), substitute—
In section 54(1) (proposals for changes in local government areas in Wales), for “district” substitute “ principal ” and for paragraphs (b) and (c) substitute—. Before section 54(2) insert—
In section 55(1) (review of local government areas in Wales), for “counties and districts” substitute “ principal areas ” and for “county or district” substitute “ principal area ”. In section 55(2)— In section 55(3)— In section 55(4)— In section 55(5), for “district council” substitute “ principal council ”, in paragraph (a) omit “(other than a community which is co-extensive with a district)” and after paragraph (e) insert—.
In section 56(2) (power of Secretary of State to direct holding of reviews)— In section 56(3)— In section 56(4), for “district” substitute (in both places) “ principal ”. In section 56(5)—
In section 57(2) (substantive changes in electoral arrangements)— In section 57(4)— In section 57(5) to (7), for “district” substitute (in each place) “ principal ”.
In section 58(1) (Commission’s reports and their implementation), for “district” substitute “ principal ”. In section 58, for subsection (4) substitute—
In section 59 (directions about reviews)—
in subsection (1), for “the council of a district” substitute “ a principal council ”; and
in subsection (2), omit “all or any class of”.
Section 60 (procedure for reviews) is amended as follows. For “district” substitute (in each place) “ Welsh principal ”. In subsection (4)(b), for “any principal council” substitute “ the principal council and of any other principal council in Wales ”. In subsection (5) omit “or a district council”. After subsection (5) insert— In subsection (6), for “(5)” substitute “ (5A) ”.
In section 61 (local inquiries), for “district” substitute (in both places) “ Welsh principal ”.
In section 67 (consequential and transitional provisions relating to Part IV), omit subsection (5)(f).
In section 69 (variation and revocation of orders made under Part IV)—
in subsections (2) and (3) for “district” substitute “ Welsh principal ”;
in subsection (4), for first “district” substitute “ Welsh principal ” and omit second “district”; and
in subsection (6), for “a county council” substitute “ any predecessor of a Welsh principal council ”, for “new district” substitute “ Welsh principal area ” and for “the district” substitute “ that area ”.
In section 71(1) (modification of seaward boundaries), for “county” substitute (in each place) “ area ”. At the end of section 71 add—
In section 72(2) (accretions from the sea), omit “or community” (in both places) and after subsection (2) insert—
At the end of section 73 (alteration of local boundaries consequent on alteration of water-course) add—
In section 74 (change of name of local authority area), in subsection (1), after “county” insert (in both places) “ , county borough ”. In section 74, after subsection (2) insert— In section 74(3) and (4), omit “or by virtue of a resolution under section 21(5) above”. In section 74(4), after “county” insert “ , county borough ”. At the end of section 74 add—
In section 76 (change of name of community)— At the end of section 76 add—
In section 78(2) (electoral arrangements), after “every” insert “ Welsh principal council and ”.
In section 83(1) (declaration of acceptance of offence) after “county” insert “ , county borough ”.
In section 91(1) (temporary appointment of members of community councils), after “district council” insert “ or Welsh principal council ”.
In section 97 (removal or exclusion of disability, etc.)—
in subsection (1), for first “or” substitute “ council, the principal council, as respects a member of a ” and omit “district” in the second and third places; and
in subsections (2) and (3), omit “district”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 103 (expenses of joint committees), in paragraph (a), for “or communities or groups of parishes or communities” substitute “ or groups of parishes ” and after “council” insert—.
In section 125 (compulsory acquisition of land on behalf of community council) at the end add—
In section 134(2) (use of schoolrooms etc. in community), in paragraph (c), for “county council or district council” substitute “ principal council ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 140B (insurance of voluntary assistants of probation committees), at the end add—
In section 141 (research and collection of information), at the end add—
In section 146 (transfer of securities on alteration of area etc.), after subsection (1) insert—
In section 150(3) (expenses of community meetings where there is no community council), for “district” substitute “ principal area ”.
In section 180(1) (local authorities and sanitary authorities for certain enactments relating to public health), after paragraph (d) insert—.
In section 181 (water and sewerage)—
in subsection (1), add at the end “ and for any principal area in Wales, be the principal council ”; and
in subsection (2), at the end add “ except that for any area in Wales it shall be the principal council ”.
In section 187(3) (notices deterring public use of footpaths) after “district council” insert “ or, where they are not the highway authority, a Welsh principal council ”.
In section 189(3) (town and village greens etc.)—
in paragraph (c), after “district” insert “ or Welsh principal area ”; and
in the words following that paragraph, after “district” insert “ or (as the case may be) area ”.
In section 191 (ordnance survey)—
in subsection (2), after “district council” insert “ (or, in Wales, a principal council) ”;
in subsection (4)(a), after “require” insert “ (or, in Wales, the principal council) ”;
in subsection (4)(b), after “require” insert “ (or, in Wales, the principal council) ”; and
in subsection (5), after “any” insert “ preserved county or ”.
In section 195 (social services)—
in subsection (2) after first “county” insert “ in England ”; and
in subsection (3) omit “as amended by subsection (1) above”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Omit section 207 (public libraries and museums in Wales).
In section 213(1) (local licence duties), omit “and Wales” and at the end add “ and, in Wales, be vested in the principal councils ”.
In section 214(1) (cemeteries and crematoria) after “councils of” insert “ Welsh counties, county boroughs ”.
Section 215 (maintenance of closed churchyard) is amended as follows. In subsection (2)(c) for “district” substitute “ county or county borough ”. In subsection (3)—
In section 225 (deposit of documents with proper officer of authority), in subsection (2) for “district council” substitute “ principal council ”.
Section 226 (custody of community documents) is amended as follows. In subsections (1) and (3)(c), for “district council” substitute “ principal council ”. In subsection (4), after “if the area is in” insert “ Wales or in ”. In subsection (5), omit “or community council” (in both places). At the end add—
In section 227 (provision of depositories for community documents), in both subsections (1) and (2), omit third “or community” and after “is situated” insert “ or the council of the principal area in which the community is situated ”.
In section 235 (power of councils to make byelaws for good rule and government and suppression of nuisances), in subsection (1) after first “district” insert “ the council of a principal area in Wales ” and after second “district” insert “ principal area ”.
In section 236 (procedure etc. for byelaws), in subsection (9), after “district council” insert “ or in Wales of a principal council ” and after subsection (10) insert—
In section 245 (status of communities)—
in subsections (6) to (9) omit “or community” (in each place);
in subsection (6) omit “or a community meeting”; and
in subsection (9) omit “or a community meeting in Wales”.
Section 246 (powers, privileges and rights in relation to former cities and boroughs) is amended as follows. After subsection (2) insert— In subsection (6), after first “subject to” insert “ subsection (2A) above, ”.
In section 247 (transfer of armorial bearings from old to new authorities), at the end add—
In section 248 (freemen and inhabitants of pre-1974 boroughs), at the end add—
In section 249 (honorary aldermen and freemen), after subsection (6) insert—
In section 255(1) (transfer of officers), for “27, 28 or 29” substitute “ 28, 29 or 29A ”.
In section 270(1) (interpretation), in the definition of “new”, after “Act” add “ including one established by virtue of any provision of the Local Government (Wales) Act 1994 ”.
In Schedule 4 (local government areas in Wales), omit Part IV.
In Schedule 8 (constitution and proceedings of the Welsh Commission), in paragraph 8—
at the end of paragraph (b) add “ , and ”; and
omit paragraph (d) and the word “and” immediately before it.
Omit Schedule 10 (initial reviews in Wales).
In Schedule 11 (rules to be observed in considering electoral arrangements), in paragraph 3(2)(b) and (c), omit the words “or community” (in each place).
In paragraph 35 (1) of Schedule 12 (minutes of proceedings of community meeting), for “district” substitute “ principal area ”.
In paragraph 28 of Schedule 14 (consent of highway authority required in connection with functions relating to clocks, drinking fountains etc.) after “district council” insert “ or, where they are not the highway authority, the council of a Welsh principal area ”.
In paragraph 55 of Schedule 16 (applications for certificates of appropriate alternative development)—
in sub-paragraph (1), for “Elsewhere” substitute “ In England, elsewhere ”; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 26 (cemeteries and crematoria) is amended as follows. In paragraph 4, in paragraph (a) omit “or communities” in both places, and after paragraph (a) insert—. In paragraph 7, after “district council” insert “ or Welsh principal council ” and after second “district” insert “ or Welsh principal area ”. In paragraph 8, after “district council” insert “ or Welsh principal council ” and after second “district” insert “ or (as the case may be) principal area ”. In paragraph 11, in sub-paragraph (1) omit “or community” and after that sub-paragraph insert—
Sub-paragraph (2) above does not apply in relation to Wales.
Section 66(6).
In section 1 of the Burial Act 1859 (failure to comply with Order in Council) after “City of London” insert “ or Welsh county council or county borough council ”.
In section 14 of the Game Licences Act 1860 (obligations of persons licensed to deal in game) the words “from the justices of the peace” shall cease to have effect.
In subsection (3) of section 67 of the Explosives Act 1875 (definition of local authority), after “a county” insert “ or county borough ”.
In section 6 of the Finance Act 1908 (collection by local authorities of duties on game licences)—
in subsection (1), omit “and Wales” and at the end add “ and in Wales be vested in the councils of counties and county boroughs ”; and
in subsection (2), omit “district” and after “1st April 1974” add “ or, in relation to Wales, to a council having power to levy those duties after 1st April 1996 ”.
In section 1 of the Commons Act 1908 (power of making regulations as to the turning out of entire animals on commons), in subsection (3), after “county” insert “ , county borough ”.
In section 19 of the Welsh Church Act 1914 (application of residue of property)—
in subsection (1)(a), for the words from “The property” to “council either” substitute “ Property vested in a Welsh county council or county borough council by virtue of a designation made under section 50 of the Local Government (Wales) Act 1994 shall be applied, in accordance with one or more schemes made by a Welsh county council or county borough council either ”; and
in subsection (1)(b), after “county” insert “ or county borough ”.
In section 193 of the Law of Property Act 1925 (rights of the public over commons and waste lands), in subsection (1)(d)(ii), after “county” insert “ , county borough ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 59(1) of the Requisitioned Land and War Works Act 1945, in the definition of “local authority” at the end add “ but in relation to Wales means a county or county borough ”.
In section 8 of the Fire Services Act 1947 (constitution and powers of iffre authorities constituted under combination schemes)— In section 9 of that Act (amendment and revocation of combination schemes)— In section 11 of that Act (adaptation of local Acts relating to iffre services), in subsection (1), after “county” insert “ or, in Wales, the county or county borough ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 21 of the Registration Service Act 1953 (interpretation), in subsection (2)(b), at the end add “ and any reference to a non-metropolitan county includes a reference to a county borough ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 15A of the Opencast Coal Act 1958 (suspension of public rights of way), in subsection (5)(a), in sub-paragraph (i) omit “and Wales” and “or community”, and after “meeting;” insert—.
In section 5 of the Weeds Act 1959 (exercise of powers by local authority), after “county” insert “ , county borough ” (in both places).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 29(1) of that Act (interpretation of Part I), in the definition of “local authority”, at the end add “ but, in relation to Wales, means the council of a Welsh county or county borough ”.
In section 39(1) of the Land Compensation Act 1961 (interpretation), in the definition of “authority possessing compulsory purchase powers” for “or county council” substitute “ , county council or county borough council ”.
In section 176 of the Factories Act 1961 (general interpretation), after subsection (8) insert—
In section 11 of the Trustee Investments Act 1961 (local authority investment schemes), in subsection (4)(a), after “county,” insert “ a county borough, ”. In Part IV of Schedule 1 to that Act (manner of investment), in paragraph 4, in paragraph (a) of the definition of “local authority”, after “county,” insert “ a county borough, ”.
In section 2 of the Local Government (Records) Act 1962 (acquisition and deposit of records), in subsection (6) after “county,” insert “ county borough, ”. In section 8(1) of that Act (interpretation), in the definition of “local authority”, after “county,” insert “ county borough, ”.
In section 35 of the Pipe-lines Act 1962 (deposit of maps of pipe-lines with local authorities), in subsection (6), omit “and Wales” and after “City of London,” insert “ for the purpose of the application of this section to Wales, that expression means the council of a county or county borough, ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 3 to the Harbours Act 1964 (procedure for making harbour orders), in paragraph 3(ba)—
omit “and Wales” and “ or community ”; and
after “parish council” insert “ , in Wales, a county council, a county borough council and a community council ”.
Omit the following provisions from the Public Libraries and Museums Act 1964— In section 4 of that Act, at the end add— In section 25 of that Act (interpretation), after the definition of “library officer” insert—. In Schedule 2 to that Act (management of funds for purchase of exhibits), in paragraphs 2 and 5 after “county fund” insert (in each place) “ council fund ”.
In section 28 of the Gas Act 1965 (interpretation of Part II), in the definition of “local authority” in subsection (1), omit “and Wales” and after “City of London,” insert “ in Wales, the council of a county or county borough, ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 41(1) of the Local Government Act 1966 (interpretation), in the definition of “local authority”, after “London borough” insert “ or county borough ”.
In section 5 of the Plant Health Act 1967 (execution of Act by local authorities), in subsection (3), at the end add “ but, in relation to Wales, shall be the councils of counties and county boroughs ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 8 of the Slaughter of Poultry Act 1967 (interpretation), in the definition of “local authority” in subsection (1), omit “and Wales” and, after “City of London” insert “ , as respects Wales, the council of a county or county borough ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 108 of the Medicines Act 1968 (enforcement)—
in subsection (8), after “county” insert “ or county borough ”; and
in subsection (12)(a), after “district” insert “ , county borough ” (in both places).
In section 11(3) of the Mines and Quarries (Tips) Act 1969 (local authorities having functions under Part II of that Act), in paragraph (a), omit “and Wales” and after “Isles of Scilly” insert—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(b), for “or Wales” substitute “ the council of a county or county borough in Wales, ”.
In section 38 of the Agriculture Act 1970 (smallholdings authorities), in paragraph (b) omit “and Wales” and after that paragraph insert—. In section 48 of that Act (acquisition of land for purpose of smallholdings), in subsection (1), after “county” insert “ or county borough ”. In section 60 of that Act (cottage holdings), in subsection (1), after “county council” insert “ , a county borough council ”. In section 62 of that Act (provisions as to Wales), in subsection (1)(a), after “county” insert “ or county borough ”. In section 67 of that Act (enforcement authorities), in subsection (1) omit “and Wales” and after that subsection insert—.
In section 11 of the Poisons Act 1972 (interpretation), in subsection (2) in paragraph (a) of the definition of “local authority” omit “and Wales” and after “City of London,” insert—.
In section 8 of the Land Compensation Act 1973 (restrictions on compensation), in subsection (4), after “London borough” insert “ or Welsh county or county borough ”. In section 19 of that Act (interpretation of Part I), in the definition of “the appropriate highway authority” in subsection (1)— In section 52 of that Act (right to advance payment of compensation), in subsection (8), after “London borough” insert “ or Welsh county or county borough ”.
In section 13 of the Employment Agencies Act 1973 (interpretation), in subsection (1), in the definition of “local authority”, omit “and Wales” and after “London borough council” insert “ and in relation to Wales, means a county council or a county borough council, ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 27 of the Slaughterhouses Act 1974 (local authorities for purposes of licensing slaughterhouses), omit “and” immediately before paragraph (c) and, in that paragraph, after first “district” insert “ in England ” and after second “district” add—and means that county or county borough; In section 45 of that Act (interpretation of Part II)—
In section 34(1) of the Local Government Act 1974 (interpretation), in the definition of “local authority”, after “Broads Authority” insert “ a Welsh county council, a county borough council ”.
In section 189(1) of the Consumer Credit Act 1974 (interpretation), in the definition of “local authority” omit “and Wales” and after “Scilly,” insert “ in relation to Wales means a county council or a county borough council, ”.
In section 7 of the Guard Dogs Act 1975 (interpretation), in the definition of “local authority” omit “and Wales”, and after “City of London,” insert “ in relation to Wales, a county council or county borough council, ”.
In the following provisions of the Safety of Sports Grounds Act 1975, after “where the local authority is in” insert (in each place) “ Wales, ” In section 17(1) of that Act (interpretation)—
In section 16 of the Welsh Development Agency Act 1975 (derelict land), in paragraph (a) of the definition of “local authority” in subsection (9), for “district” substitute “ county borough ”.
In section 3(1) of the Local Land Charges Act 1975 (registering authorities), after paragraph (a) insert—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 7 of the Dangerous Wild Animals Act 1976 (interpretation), in subsection (4), in the definition of “local authority”, omit “and Wales” and after “City of London,” insert “ in relation to Wales, a county council or county borough council, ”.
In section 19A of the Race Relations Act 1976 (discrimination by planning authorities), in subsection (2)(a), after “county,” insert “ county borough, ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 1 of the Inner Urban Areas Act 1978 (designation of districts by Secretary of State)— In section 2 of that Act (loans for acquisition of or works on land), in subsection (1)(a), after “within the designated district or” insert “ (except where the land is in Wales) ”. In section 7 of that Act (power to enter into arrangements), in subsection (1), after “district” in the first and last places where it occurs insert “ or Welsh county or county borough ” (in each place), and, in paragraph (a), at the beginning insert “ as respects any such district, ”, and after “both;” insert—. After subsection (2) of that section, insert— In section 17 of that Act (interpretation), in the definition of “designated district” in subsection (1), after “any district” insert “ or Welsh county or county borough ”. In the application of sub-paragraph (1) above in relation to Wales, the words “after consulting the other designated district authority,” shall not apply.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 2 of the Local Government, Planning and Land Act 1980 (duty of authorities to publish information), in subsection (1) after paragraph (a) insert—. In section 4 of that Act (bodies which may be directed to publish information)— In section 20(1) of that Act (interpretation of Part III), in the definition of “local authority”, in paragraph (a) omit “and Wales” and after that paragraph insert—. In section 98 of that Act (disposal of land at direction of Secretary of State), in subsection (8A) after paragraph (a) insert—. In section 99 of that Act (provisions supplementing section 98), in subsection (4) after paragraph (a) insert—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 116 of that Act (assessment of development land), in subsection (4), in paragraph (a) omit “and Wales” and after that paragraph insert—. In section 162 of that Act (inner urban areas)— In section 165 of that Act (power to transfer undertaking), in subsection (9) in paragraph (a) omit “and Wales” and after that paragraph insert—. In section 185 of that Act (pleasure boat byelaws) in subsection (1) after “London” insert—. In Schedule 16 to that Act (bodies to whom Part X applies), after paragraph 1 insert—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 32 to that Act (enterprise zones)—
In the Schedule to the Disused Burial Grounds (Amendment) Act 1981 (disposal of human remains and tombstones, monuments or other memorials), in paragraph 10(1)(a), after “district,” insert “ or Welsh county or county borough, ”.
In section 50 of the Animal Health Act 1981 (local authorities), in subsection (2), after paragraph (b) insert—.
In section 1 of the Zoo Licensing Act 1981 (licensing of zoos by local authorities), in subsection (3), in paragraph (a) omit “and Wales” and after that paragraph insert—. In section 3(2) of that Act (persons whose representations are to be taken into account in consideration of applications for licences), in paragraph (e), after “the licence” insert “ — (i) ” and at the end of that paragraph insert—or .
In section 2 of the New Towns Act 1981 (reduction of designated areas), in subsection (1)(b), after “district council” insert “ or, in the case of land in Wales, any county council or county borough council ”. In section 7 of that Act (planning control), in subsection (3), immediately before “in a metropolitan county” insert “ in Wales or ”. In section 23 of that Act (extinguishment of public rights of way), in subsection (2)— In section 33 of that Act (new town may be united district for Public Health Acts), for “districts” substitute “ areas ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 39 of that Act (power of development corporation to transfer undertakings), after subsection (2) insert— In section 41 of that Act (transfer of property to Commission and dissolution of corporation), after subsection (1) insert— In section 77 of that Act (regulations and orders), in subsection (4)(a)(ii), after “county planning authority” insert “ or, where the order is one designating an area in Wales, by the local planning authority ”. In Schedule 1 to that Act (procedure for designating area of new town), in paragraph 2(3), after “district” insert “ or, in the case of land in Wales, every county or county borough ”.
In section 17 of the Acquisition of Land Act 1981 (local authorities for purposes of orders subject to special parliamentary procedure), in subsection (4), in paragraph (b) of the definition of “local authority”, for “district” substitute “ county borough ”. In paragraph 4 of Schedule 3 to that Act (acquisition of new rights over special kinds of land), in sub-paragraph (4), in paragraph (b) of the definition of “local authority”, for “district” substitute “ county borough ”.
In section 3 of the Wildlife and Countryside Act 1981 (areas of special protection), in subsection (4), for “district” substitute “locality”. In section 27(1) of that Act (interpretation of Part I), in paragraph (a) of the definition of “local authority”, omit “and Wales” and after that paragraph insert—. In section 34 of that Act (limestone pavement orders), in paragraph (a) of the definition of “the relevant authority” in subsection (6), after “non-metropolitan county” insert “in England”, and after that paragraph insert—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 39(5) of that Act (relevant authorities for purposes of management agreements with owners and occupiers of land), after “land” in paragraph (a), insert “in England”. In section 52 of that Act (interpretation of Part II), in subsection (2) omit “and to Wales”. In section 57 of that Act (supplementary provisions as to definitive maps and statements), after subsection (5) insert— In section 66(1) of that Act (interpretation of Part III), in the definition of “surveying authority”, after “county council,” insert “ county borough council, ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 14 to that Act (applications for certain orders under Part III), in paragraph 5(1), in the definition of “local authority”, omit “or community” and at the end of that definition add “ but, in relation to Wales, means a community council ”. In Schedule 15 to that Act (procedure in connection with certain orders under Part III), in paragraph 13(2), in the definition of “local authority” omit “or community” and at the end of that definition add “ but, in relation to Wales, means a community council ”.
In section 79 of the Civil Aviation Act 1982 (grants towards cost of sound-proofing buildings), in subsection (7), omit “and Wales”. In section 105(1) of that Act (interpretation), in paragraph (a) of the definition of “local authority” omit “and Wales” and, after that paragraph, insert—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 8 of the Representation of the People Act 1983 (registration officers), in subsection (2) omit “and Wales” and after subsection (2) insert— In section 18(2) of that Act (polling districts), omit “and Wales” and after “borough” insert “ , and in Wales it is the duty of the council of each county or county borough, ”. In section 24(1) of that Act (returning officers), in paragraphs (a), (b) and (c) after “constituency” insert, in each case, “ in England ” and insert the following paragraphs in the appropriate places—; ; . In section 28(1) of that Act (discharge of returning officer’s functions), in paragraph (a) after “constituency” insert “ in England ” and after that paragraph insert—. In section 28(5) of that Act (power of acting returning officer to appoint deputies), after “and a” insert “ Welsh county council or county borough council or a ”. In section 31 of that Act (polling districts and stations at local government elections), in subsection (1) after “county councillors” insert “in England” and after that subsection insert— In section 35 of that Act (returning officers for local elections), in subsection (1) omit “and Wales” and “or communities” and after that subsection insert— In section 36 of that Act (local elections), in subsection (3) omit “or community” in both places in paragraph (b) ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 36 of that Act, in subsection (5) omit “or community”, in both places, and “or the community” ... In section 39 of that Act (void local elections)— In section 52(4) of that Act (discharge of registration duties), in paragraph (a) omit “and Wales” and for second “and” substitute—. In section 69(2) of that Act (location of offices of election agents and sub-agents), in paragraphs (a) and (b), in each case for “or in a London borough or district” substitute “ or in a Welsh county or county borough, or London borough or district, ”. In section 82(4) of that Act (persons before whom declaration as to expenses may be made), in paragraph (a), after “county council” insert “ , a county borough council ”. In section 159 of that Act (candidate reported guilty of corrupt or illegal practice), in the definition of “corporate office” in subsection (3) after “county” insert “ , county borough ”. In section 203(1) of that Act (interpretation)— In Schedule 1 to that Act (parliamentary election rules), in paragraph 10(2)(c) after “district” insert “ or Welsh county or county borough ”. In Schedule 2 to that Act (provisions which may be contained in regulations as to registration etc.), in paragraph 1(1) after “district” insert “ , Welsh county or county borough ”. In Schedule 3 to that Act (form of return and declaration), in the first passage in brackets in each form (which provides for an alternative in relation to a local government election), after “county of” insert “ county borough of ”. In Schedule 5 to that Act (use of certain rooms for parliamentary election meetings), in paragraph 3(1) after “council” insert “ and every Welsh county and county borough council ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 87 of the Pastoral Measure 1983 (general interpretation), in the definition of “local planning authority” in subsection (1), after “(a)” insert “ in England ”.
In section 97 of the Telecommunications Act 1984 (contributions by local authorities towards provision of facilities), in subsection (3)—
in paragraph (a) omit “and Wales”, after “City of London” insert “or” and omit “or a community council”; and
after that paragraph insert—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 21 of that Act (insufficient nominations at ordinary elections of community councils), in subsection (2)(b)—
In section 69 of the Weights and Measures Act 1985 (local weights and measures authorities), in subsection (2), at the end add “ and for each county borough shall be the county borough council ”.
In section 1 of the Health Service Joint Consultative Committees (Access to Information) Act 1986 (interpretation), in subsection (1), in the definition of “local authority”, after “county council,” insert “ a county borough council, ”.
In section 12 of the Airports Act 1986 (interpretation of Part II), in the definition of “principal council” in subsection (1), in paragraph (a) omit “and Wales”, and after that paragraph insert—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 8 to the Building Societies Act 1986 (powers to provide services) in paragraph 8 of Part IV, in the definition of “local authority in Great Britain”, in paragraph (a) omit “and Wales” and “or community” and after that paragraph insert—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the following provisions of the Fire Safety and Safety of Places of Sport Act 1987, after “where the local authority is in” insert (in each place) “ Wales, ” In section 41 of that Act (interpretation), in paragraph (a) of the definition of “building authority” and paragraph (c) of the definition of “local authority” omit “or in Wales,” and after paragraph (c) of the definition of “local authority” insert—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 2 of that Act (qualifcations for appointment as coroner), in subsection (3), after first “county” insert “ in England ”, and after subsection (2) insert— In section 4 of that Act (coroners’ districts), in subsections (2) and (4), after first “county” in each case insert “ in England ”, and in subsection (5)(a), after “administrative area” insert “ in England ”. After section 4 of that Act insert— In section 22 of that Act (removal of body for post mortem examination), in the definition of “local authority” in subsection (6), for “district or London borough” substitute “ district, London borough or Welsh principal area ”. In section 27 of that Act (coroner’s accounts), in subsection (3)(b), after “county council” insert “ in England ” and after “fund;” insert—. the expenses of the councils of those districts, boroughs or areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “Welsh principal area” means Welsh county or county borough
In section 235 of the Education Reform Act 1988 (interpretation), in subsection (1), in the definition of “local authority”, after “county council,” insert “ a county borough council, ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 88(2) of the Local Government Finance Act 1988 (councils to whom transport grants may be paid), after paragraph (a) insert—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 13 of the Football Spectators Act 1989 (licensing authority’s powers in relation to safety at football grounds), in subsection (3) after “is in” insert “ Wales, ”.
In section 39 of the Local Government and Housing Act 1989 (revenue accounts and capital finance of local authorities), in subsection (1), after paragraph (a) insert—.
In Part I of Schedule 2 to the Broadcasting Act 1990 (restrictions on the holding of licences), in paragraph 1(1), in the definition of “local authority”, in paragraph (a) omit “and Wales” and after “Scilly;” insert—.
In section 1(1) of the Caldey Island Act 1990— The following provisions shall be omitted from that Act—
In section 47 of the Coal Mining Subsidence Act 1991 (notices to local authorities), in subsection (6), in paragraph (a) omit “and Wales” and after “county;” insert—.
In section 11 of the Deer Act 1991 (licensed game dealers to keep records), in the definition of “authorised officer” in subsection (9), after “council of a” insert “ Welsh county or county borough, ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 191 of the Social Security Administration Act 1992 (interpretation), in the definition of “local authority”, in paragraph (a), omit “and Wales” and after “Scilly;” insert—.
In section 90 of the Further and Higher Education Act 1992 (interpretation), in subsection (1), in the definition of “local authority”, after “county council,” insert “ a county borough council, ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 21 of the Judicial Pensions and Retirement Act 1993 (pensions payable to judicial officers etc. by local authorities), in subsection (4), in the definition of “local authority”, after “county council,” insert “ county borough council, ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 47(1) of the Radioactive Substances Act 1993 (general interpretation provisions), in the definition of “local authority”—
in paragraph (a) omit “and Wales”; and
after paragraph (a) insert—.
In section 1(9) of the Local Government (Overseas Assistance) Act 1993 (definition of “local authority”), in paragraph (a), for “and” substitute “ , the council of a county or county borough in ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 6 of the Welsh Language Act 1993 (meaning of “public body”), in subsection (1)(a), after first “council” insert “ county borough council, ”. In section 25 of that Act (powers to give Welsh names to statutory bodies), for subsection (3) substitute—
In section 151 of the Railways Act 1993 (general interpretation), in subsection (1), in the definition of “local authority”, after “county council,” insert “ county borough council, ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 66(7).
The provisions of section 20 of the 1972 Act in force immediately before the passing of this Act shall continue to have effect in relation to the administration of local government in Wales before 1st April 1996.
Any privileges or rights belonging immediately before 1st April 1996 to the inhabitants of any area in Wales by virtue of— shall belong on and after that date to the inhabitants of that area.
section 246(1) of the 1972 Act (saving for privileges and rights of citizens and burgesses); or
any provision made under subsection (2)(b) of that section by a charter granted under section 245 of the 1972 Act (grant of borough status);
Any person who, immediately before 1st April 1996, is an honorary alderman by reference to his past membership of an old authority—
shall continue to have that status even though the old authority has ceased to exist as a result of this Act; but
shall not, while serving as a councillor of any new principal council in Wales, be entitled to be addressed as alderman or to attend or take part in any civic ceremonies of that council as an alderman.
Subject to any provision made under section 54 which amends or modifies the Agricultural Wages Act 1948, “county” shall, in relation to Wales, have the same meaning for the purposes of that Act as it had for those purposes immediately before the passing of this Act.
The area of any district in Wales which, immediately before 1st April 1996, was a designated district for the purposes of the Inner Urban Areas Act 1978 by virtue of an order under section 1(1) of that Act shall, subject to any further provision made by or under that Act, continue to be a designated district for those purposes. The designated district authority in relation to any such designated district which comprises or falls wholly within a new principal area shall be the council of that area. Where any such designated district falls partly within the areas of two or more new principal councils, each of those councils shall be the designated district authority in relation to the part of the designated district that falls within their area.
Where this Act, or any provision made under this Act, amends (whether by substituting a new definition for an existing definition or otherwise) any reference to any kind of local government area or any kind of local authority (in an enactment which has effect in England), the amendment shall not be taken to affect the operation of any provision of, or made under, the Local Government Act 1992 in relation to the enactment so amended.
Section 26(3) of the 1972 Act (as substituted by section 4 of this Act) shall not apply in relation to the ordinary election of councillors of the new principal councils which takes place in 1995. The councillors elected at that election shall assume office immediately. The term of office of every such councillor shall extend until he retires in accordance with section 26(3)(a) of the 1972 Act.
Any ordinary election of community councillors otherwise due to take place in May 1995 shall take place on the same day as the ordinary election in that year of councillors for the new principal area in which the community is situated. Any such councillor who otherwise would ordinarily have retired on 8th May 1995 shall (unless he resigns his office or it otherwise becomes vacant) hold office until the fourth day after the day on which the election of community councillors in 1995 takes place. The term of office of every councillor elected at that election shall extend until he retires in accordance with section 35(2B)(a) of the 1972 Act.
During the period beginning with the passing of this Act and ending with 1st April 1996, an order under section 29(1) of the 1972 Act (before the commencement of section 10) may be made only if all the communities concerned—
were, immediately before the passing of this Act, situated within the same district; and
will, after that date, be situated within the area of a single principal council.
For the purposes of section 117 of the 1972 Act (disclosure by officers of interests in contracts), any contract which— shall be treated as a contract entered into by the new principal council.
was entered into by an old authority, and
to which any of the new principal councils becomes a party by virtue of this Act,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of this paragraph, the Secretary of State shall by order designate such of the new principal councils as he considers appropriate. Each designated council shall be designated with respect to one or more old authorities. Each designated council shall, in relation to the accounts for any period ending before 1st April 1996 of each old authority with respect to which they are designated, discharge— As respects anything falling to be done on or after 1st April 1996 in relation to those accounts, the provisions of the Act of 1998 shall have effect as if they were accounts of the designated council but— Any requirement under section 28 of the Act of 1998 in respect of a claim, return or account of an old authority, and any consent under section 49(1)(a) of that Act in respect of information relating to such an authority, may, on or after 1st April 1996, be made or given by the appropriate designated council. Any designated council— It shall be the duty of every new principal council to take such steps, after 1st April 1996, as may reasonably be required of them by a designated council to enable the accounts of an old authority to be closed. Any person who without reasonable excuse fails to comply with any requirement under sub-paragraph (6) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. In sub-paragraph (4) “document” includes any record of information and, where the record is not in legible form, the rights conferred by that sub-paragraph and sub-paragraph (6) include the right to require the information to be made available in legible form for inspection or copying and to require copies of it in that form to be delivered. In this paragraph “designated council” means a council designated under sub-paragraph (1).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This paragraph applies where an old authority have, by virtue of paragraph 5 of Schedule 17 to the 1972 Act, made arrangements which, immediately before 1st April 1996, are in force for the discharge of any of their functions through a National Park Committee. The abolition of the old authority shall not affect the validity of anything done by the National Park Committee before the abolition of the authority. Anything which, on 1st April 1996, is in the process of being done by or in relation to an old authority in the exercise of, or in connection with, any functions discharged through a National Park Committee may be continued by or in relation to the successor authority. For the purposes of this paragraph “successor authority” means—
This paragraph applies where, immediately before 1st April 1996— On and after 1st April 1996 the enforcing authority shall be the new planning authority and— In this paragraph— This paragraph has effect in relation to planning obligations entered into under section 299A of the planning Act (Crown planning obligations) as it has effect in relation to planning obligations entered into under section 106 of that Act, but as if for references to section 106, and to subsection (9)(d) of that section, there were substituted references to section 299A of that Act, and to subsection (2)(d) of section 299A, respectively.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This paragraph applies where a bridge in Wales carries a highway for which the Secretary of State is not the highway authority. If— the highway authority for the highway carried by the bridge and the approaches to it is such one of the councils of those new principal areas as may be agreed between them before such a day as the Secretary of State may by order appoint or, in default of such agreement, as may be determined by him. Where the Secretary of State has made a determination under sub-paragraph (2) the determination— Any such variation shall take effect on the 1st April falling not less than 3 months, and not more than 15 months, after the date on which the determination is varied. For the purposes of sub-paragraph (2), the approaches to a bridge consist of so much of the highway or highways on either side of the bridge as is situated within 100 yards of either end of the bridge.
An order under section 188 of the Highways Act 1980 (new street orders) or under any enactment from which that section was derived made in relation to a highway in Wales before the date on which section 81 of the Planning and Compensation Act 1991 came into force shall have effect from 1st April 1996 as if made by the new principal council in whose area, on that date, the highway becomes situated. The new principal council shall have all the powers of a local authority exercisable under Part X of the Act of 1980 in respect of such an order.
This paragraph applies where, immediately before 1st April 1996, the authority or one of the authorities concerned in establishing a scheme under section 93 of the Transport Act 1985 (travel concession schemes) were a district or county council in Wales. Section 93 of that Act shall have effect on and after 1st April 1996 as if any new principal council who are a relevant council had been concerned in establishing the scheme. For the purposes of sub-paragraph (2), a council are a relevant council in relation to a scheme if the area which is the principal area (for the purposes of section 93 of that Act) or any part of that area is situated in the area of that council. This paragraph is subject to the power of the Secretary of State under section 54 to make such alternative or supplementary provision as he thinks necessary in relation to a scheme under section 93 of the Act of 1985. For the purposes of sections 93 to 102 of the Act of 1985— shall not be treated as a variation of the scheme.
The Secretary of State may, in a report made by him in relation to the financial year beginning in 1996 and any Welsh county council or county borough council, specify a notional amount for the purposes of this paragraph. Any such report— If any such report is approved by resolution of the House of Commons, the Secretary of State may designate any authority to whom the report relates if in his opinion, taking any excess in the amount calculated by the authority as their budget requirement for the financial year beginning in 1996 over the notional amount as representing an increase, that increase is excessive. The Secretary of State may by order make such provision as he considers appropriate for the purpose of supplementing this paragraph. Subject to any such order, the provisions of Chapter V of Part I of the Local Government Finance Act 1992 (limitation of council tax and precepts) shall have effect in relation to a designation under this paragraph as they have effect in relation to a designation under section 54(1)(b) of that Act.
Nothing in this Act shall be taken to affect any person’s status as a freeman or honorary freeman, or the right of any person to be admitted as a freeman of any place. Services rendered to an old authority, the area of which becomes wholly or partly included in a new principal area, shall be treated for the purposes of section 249 of the 1972 Act (honorary aldermen and freemen) as services rendered to the council of the new principal area.
Any person who, immediately before 1st April 1996, is a coroner assigned to a particular coroner’s district in Wales (“an existing coroner”) shall, on and after that date, be deemed to have been duly appointed for that district. Nothing in this Act affects the validity of anything done before 1st April 1996 by an existing coroner. Anything done before 1st April 1996 by or in relation to an existing coroner shall, on and after that date, be deemed to have been done by or in relation to the coroner appointed for the coroner’s district in question. Any person who, immediately before 1st April 1996 is a deputy coroner or assistant deputy coroner in relation to a particular coroner’s district shall, on that date, be deemed to have been duly appointed as the deputy or assistant deputy of the coroner for that district. No order may be made under section 4A of the Coroners Act 1988 so as to have effect before 1st April 1996. Any person who, on or after 1st October 1995, ceases to be a councillor for a county in Wales which ceases to exist on 1st April 1996 (“the old county”) shall, for six months after he ceases to be such a councillor, be disqualified for being a coroner for any district which, or any part of which, falls within the area of the old county.
Section 66(8). Chapter Short title Extent of repeal 23 & 24 Vict. c. 90. Game Licences Act 1860. In section 14, the words “from the justices of the peace”. 8 Edw. 7. c. 16. Finance Act 1908. In section 6, in subsection (1) the words “and Wales” and in subsection (2) the word “district”. 1936 c. 49. Public Health Act 1936. In section 1(1)(a), the words “or community”. 1944 c. 31. Education Act 1944. In section 114(1), in the definition of “minor authority”, in paragraph (b), the words “is a community having no community council or” and, in paragraph (c)(iii), the words “which is a community having no community council or”. 1949 c. 74. Coast Protection Act 1949. In section 20, in subsections (1) and (4), the words “or Wales”. 1958 c. 33. Disabled Persons (Employment) Act 1958. In section 3(5), the words “or Wales”. 1958 c. 69. Opencast Coal Act 1958. In section 15A(5)(a)(i), the words “and Wales” and “or community”. 1960 c. 62. Caravan Sites and Control of Development Act 1960. In section 24(8), the words “constituted under section four of the Act of 1947”. 1962 c. 58. Pipe-lines Act 1962. In section 35(6), the words “and Wales”. 1964 c. 26. Licensing Act 1964. Section 66(2). In paragraphs 6 and 7 of Schedule 8, in the expression “district returning officer”, the word “district” in each place. 1964 c. 40. Harbours Act 1964. In paragraph 3(ba) of Schedule 3, the words “and Wales” and “or community”. 1964 c. 48. Police Act 1964. In section 1(1)(a), the words “and Wales”. 1964 c. 75. Public Libraries and Museums Act 1964. In section 4(2), the words from “— (a)” to “(b)”. In section 5(3), the proviso. Section 6. In section 10(2), paragraphs (a) and (b)(ii) and in paragraph (b)(i) the words “other than any council of a district in Wales”. In section 11(2), the words from “or (b)” to “library authority”. Section 21. 1965 c. 36. Gas Act 1965. In section 28(1), in the definition of “local authority”, the words “and Wales”. 1967 c. 22. Agriculture Act 1967. In section 75(2), in the definition of “local authority”, the words “and Wales”. 1967 c. 24. Slaughter of Poultry Act 1967. In section 8(1), in the definition of “local authority”, the words “and Wales”. 1968 c. 54. Theatres Act 1968. In section 18(1), in paragraph (b) of the definition of “licensing authority”, the words “and Wales”. 1969 c. 10. Mines and Quarries (Tips) Act 1969. In section 11(3)(a), the words “and Wales”. 1969 c. 48. Post Office Act 1969. In section 86(1), in paragraph (a) of the definition of “local authority”, the words “and Wales”. 1970 c. 40. Agriculture Act 1970. In section 38(b), the words “and Wales”. In section 67(1), the words “and Wales”. 1970 c. 44. Chronically Sick and Disabled Persons Act 1970. In section 21(8), the words “or Wales”. 1971 c. 40. Fire Precautions Act 1971. In section 43(1), in paragraph (a) of the definition of “local authority”, the words “and Wales”. 1972 c. 66. Poisons Act 1972. In section 11(2), in paragraph (a) of the definition of “local authority”, the words “and Wales”. 1972 c. 70. Local Government Act 1972. In section 30, in subsection (1), paragraph (a) (including the word “or” at the end) and subsection (2). In section 55(5)(a), the words “(other than a community which is co-extensive with a district)”. In section 59(2), the words “all or any class of”. In section 60(5), the words “or a district council”. Section 67(5)(f). In section 69(4), the word “district” (in the second place). In section 72(2), the words “or community” (in both places). In section 74(3) and (4), the words “or by virtue of a resolution under section 21(5) above”. In section 76(2) and (3), the words “or by virtue of a resolution under section 33(2B) above”. In section 97, in subsection (1), the word “district” (in the second and third places), and in subsections (2) and (3), the word “district”. In section 195(3), the words “as amended by subsection (1) above”. Section 200. Section 207. In section 213(1), the words “and Wales”. In section 226(5), the words “or community council” (in both places). In section 227(1) and (2), the words “or community” (in each case in the third place). In section 245, in subsections (6) to (9) the words “or community” (in each place), in subsection (6) the words “or a community meeting” and in subsection (9) the words “or a community meeting in Wales”. In Schedule 4, Part IV. In Schedule 8, in paragraph 8, paragraph (d) and the word “and” immediately before it. Schedule 10. In Schedule 11, in paragraphs 1(2)(c) and (d) and 3(2)(b) and (c), the words “or community” (in each place). In Schedule 26, in paragraph 4(a), the words “or communities” in both places, and in paragraph 11(1), the words “or community”. 1973 c. 35. Employment Agencies Act 1973. In section 13(1), in the definition of “local authority”, the words “and Wales”. 1973 c. 60. Breeding of Dogs Act 1973. In section 5(2), in the definition of “local authority”, the words “and Wales”. 1974 c. 3. Slaughterhouses Act 1974. In section 27, the word “and” immediately before paragraph (c). 1974 c. 37. Health and Safety at Work etc. Act 1974. In section 53(1), in paragraph (a) of the definition of “local authority”, the words “and Wales”. 1974 c. 39. Consumer Credit Act 1974. In section 189(1), in the definition of “local authority”, the words “and Wales”. 1974 c. 40. Control of Pollution Act 1974. In section 73(1), in paragraph (a) of the definition of “local authority”, the words “and Wales”. In section 98, in paragraph (a) of the definition of “relevant authority”, the words “and Wales”. 1975 c. 23. Reservoirs Act 1975. In section 2(1), the words “and Wales”. 1975 c. 50. Guard Dogs Act 1975. In section 7, in the definition of “local authority”, the words “and Wales”. 1975 c. 52. Safety of Sports Grounds Act 1975. In section 17(1), in paragraph (a) of the definition of “building authority”, and in paragraph (c) of the definition of “local authority”, the words “or in Wales,”. 1976 c. 38. Dangerous Wild Animals Act 1976. In section 7(4), in the definition of “local authority”, the words “and Wales”. 1976 c. 75. Development of Rural Wales Act 1976. In Schedule 3, paragraph 1(6). 1978 c. 10. European Parliamentary Elections Act 1978. In Schedule 1, in paragraph 4(5)(a) the words “and Wales”. In Schedule 2, in paragraph 5A(4)(a) the words “and Wales”. 1979 c. 46. Ancient Monuments and Archaeological Areas Act 1979. In section 35(5)(a), the words “and Wales”. In section 61(1), in paragraph (a) of the definition of “local authority”, the words “and Wales”. 1980 c. 65. Local Government, Planning and Land Act 1980. In section 4(7), the word “district”. In section 20(1), in paragraph (a) of the definition of “local authority”, the words “and Wales”. In section 116(4)(a), the words “and Wales”. In section 165(9)(a), the words “and Wales”. In Schedule 32, in paragraph 2(2)(a)(ii), the words “or Wales”. 1981 c. 37. Zoo Licensing Act 1981. In section 1(3)(a), the words “and Wales”. 1981 c. 69. Wildlife and Countryside Act 1981. In section 27(1), in paragraph (a) of the definition of “local authority”, the words “and Wales”. In section 52(2), the words “and to Wales”. In Schedule 14, in paragraph 5(1), in the definition of “local authority”, the words “or community”. In Schedule 15, in paragraph 13(2), in the definition of “local authority”, the words “or community”. 1982 c. 16. Civil Aviation Act 1982. In section 79(7), the words “and Wales”. In section 105(1), in paragraph (a) of the definition of “local authority”, the words “and Wales”. 1983 c. 2. Representation of the People Act 1983. In section 8(2), the words “and Wales”. In section 18(2), the words “and Wales”. In section 35(1), the words “and Wales” and “or communities”. In section 36(3)(b), the words “or community” (in both places). In section 36(5), the words “or community” (in both places) and the words “or the community”. In section 39(6)(b), the word “district”. In section 52(4)(a), the words “and Wales”. 1983 c. 16. Level Crossings Act 1983. In section 1(11), in the definition of “local authority”, the words “and Wales”. 1984 c. 12. Telecommunications Act 1984. In section 97(3)(a), the words “and Wales” and the words “or a community council”. 1984 c. 27. Road Traffic Regulation Act 1984. In section 39(4), the words “a district council in Wales proposes to make an order under section 32 or 35 of this Act, or”. In section 44(3)(b), the words “and counties in Wales”. In section 45(7), the words “in England or Scotland” and the words from “and in Wales” to the end. Section 49(3). Section 54. Section 55(6). In section 59(2)(b), the words “or community”. In section 125(4), the words from “or, in relation to” to the end. In Schedule 9, paragraph 11 and, in paragraph 27(2)(a), the words “54(5)”. 1985 c. 13. Cinemas Act 1985. In section 21(1), in the definition of “local authority”, in paragraph (a) the words “and Wales”. 1985 c. 50. Representation of the People Act 1985. In section 21(2)(b), the words “of district council”. 1985 c. 67. Transport Act 1985. In section 63(4), the words “and Wales”. In section 64(1), the words “and Wales”. 1986 c. 31. Airports Act 1986. In section 12(1), in the definition of “principal council” in paragraph (a) the words “and Wales”. 1986 c. 44. Gas Act 1986. In paragraph 5(5) of Schedule 7, in paragraph (a) of the definition of “local authority”, the words “and Wales”. 1986 c. 53. Building Societies Act 1986. In paragraph 8 of Part IV of Schedule 8, in paragraph (a) of the definition of “local authority in Great Britain”, the words “and Wales” and “or community”. 1987 c. 27. Fire Safety and Safety of Places of Sport Act 1987. In section 41, in paragraph (a) of the definition of “building authority”, and in paragraph (c) of the definition of “local authority”, the words “or in Wales”. 1988 c. 52. Road Traffic Act 1988. In Schedule 2, in paragraph 1(b), the words “and Wales”. 1988 c. 53. Road Traffic Offenders Act 1988. In section 4(5), the words from “except, in Wales” to the end. 1989 c. 29. Electricity Act 1989. In Schedule 8, in paragraph 2(6)(a) the words “and Wales”. 1989 c. 41. Children Act 1989. In section 105(1), in the definition of “local authority”, the words “and Wales”. 1990 c. 8. Town and Country Planning Act 1990. In section 1(3), the words “and in Wales”. In section 2(1), the words “(in this Act referred to as a “joint planning board”)”. In Schedule 1, in paragraph 8, in sub-paragraphs (1) and (2)(a), the words “or community”. 1990 c. 9. Planning (Listed Buildings and Conservation Areas) Act 1990. In section 2(1), the word “and” at the end of paragraph (a). 1990 c. 16. Food Safety Act 1990. In section 5(1), the words “and Wales”. 1990 c. 42. Broadcasting Act 1990. In paragraph 1(1) of Part I of Schedule 2, in paragraph (a) of the definition of “local authority”, the words “and Wales”. 1990 c. 43. Environmental Protection Act 1990. In section 30(3)(a), the words “and Wales”. Section 50(5)(a)(iii). In section 88(10), in the definition of “Park board”, the word “or” immediately before paragraph (b). In section 143(6), in paragraph (b) of the definition of “local authority”, the words “and Wales”. In section 149(11), in the definition of “local authority”, the words “and Wales”. 1990 c. 44. Caldey Island Act 1990. In section 1, in subsection (1), the closing bracket after “ “Caldey”” and the rest of the subsection, subsection (2)(a), in subsection (3), the words “and district” and subsections (4) and (5). Section 2. In section 4, subsections (1)(a) and (2). 1991 c. 40. Road Traffic Act 1991. In Schedule 3, in paragraphs 1(1)(a) and 2(1)(a) the words “and Wales”, and paragraphs 1(1)(e) (except the word “or” immediately before paragraph (f)) and (2) and 2(2). 1991 c. 45. Coal Mining Subsidence Act 1991. In section 47(6)(a), the words “and Wales”. 1992 c. 3. Severn Bridges Act 1992. In Schedule 3, in paragraph 8(3), the words “Gwent County Council”. 1992 c. 5. Social Security Administration Act 1992. In section 191, in the definition of “local authority”, the words “and Wales”. 1993 c. 11. Clean Air Act 1993. In section 64, in paragraph (a) of the definition of “local authority”, the words “and Wales”. 1993 c. 12. Radioactive Substances Act 1993. In section 47(1), in paragraph (a) of the definition of “local authority”, the words “and Wales”. 1993 c. 46. Health Service Commissioners Act 1993. In section 19, in paragraph (a) of the definition of “local authority”, the words “and Wales”.
“designated” means designated by order under subsection (1); and
“scheme” means a scheme under section 19 of the Welsh Church Act 1914 (application of Welsh Church funds for charitable or eleemosynary purposes).
“scheme” means a scheme under section 19 of the Welsh Church Act 1914 (application of Welsh Church funds for charitable or eleemosynary purposes).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
On and after the operative date no old authority may, without the appropriate consent—
dispose of any land or building if the consideration for the disposal exceeds £100,000;
enter into any contract, other than a capital contract, in respect of which the consideration exceeds £100,000 where—
the period of the contract extends beyond 31st March 1996; or
under the terms of the contract, that period may be extended beyond that date; or
enter into any capital contract in respect of which the consideration exceeds £1,000,000.
In this section—
“late contract” means a contract which is made after 30th November 1993 and provides for the employment of the person concerned for a fixed term extending beyond 31st March 1996; and
“expenditure for capital purposes” has the same meaning as it has for the purposes of Part IV of the Local Government and Housing Act 1989 (revenue accounts and capital finance of local authorities), by virtue of section 40 of that Act, and includes any expenditure which the authority concerned may (by virtue of a direction given under subsection (6) of that section) treat as expenditure for capital purposes;
“operative date” means the date fixed by order of the Secretary of State under paragraph 1 of Schedule 5 to the 1972 Act (as substituted by this Act); and
Any disposal made in contravention of this section shall be void.
No contract entered into in contravention of this section shall be enforceable against a successor.
Any consent for the purposes of this section may be given—
in respect of a particular disposal or contract, or in respect of disposals or contracts of any class or description; and
unconditionally or subject to conditions.
The provisions of section 123 of the 1972 Act (power to dispose of land), and of any other enactment relating to the disposal of land by local authorities, shall have effect subject to this section.
The consent required by this section is in addition to any consent required by any of those provisions.
In this section references to disposing of land include references to—
granting or disposing of any interest in land;
entering into a contract to dispose of land or to grant or dispose of any such interest; and
granting an option to acquire any land or any such interest.
For the purpose of determining whether a limit specified in subsection (1) is exceeded in any case, there shall be taken into account the consideration— so far as the disposal or contract relates to the same or a similar description of matter as that to which the case under consideration relates.
with respect to any other disposal of land or any building effected by the old authority after 30th November 1993, or
under any other contract entered into by the old authority after that date,
Where the consideration or any of the consideration under a contract is not in money, the limits specified in subsection (1) shall apply to the value of the consideration.
Where a question arises under this section as to the value of any consideration and the authorities concerned fail to reach agreement, it shall be determined by the Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sections 9 to 16 of the Local Government Act 1988 (accounts, reports and other information in relation to defined activities) shall apply in relation to work— even though (as a result of its falling within that activity) sections 4 to 8 of that Act (restrictions in relation to works contracts and functional work) do not apply.
carried out by a Welsh authority in the transitional period (whether or not before the passing of this Act), and
falling within an exempt activity,
An activity is an exempt activity if—
on 31st March 1994, it was a defined activity for the purposes of the Act of 1988 and not the subject of an order under section 2(9) of the Act of 1988; and
it is treated, by an exempting order having effect in relation to a period beginning after that date, as not being a defined activity.
In this section—
...
“the 1972 Act” means the Local Government Act 1972;
The Secretary of State may by order (an “extension order”) provide that, in relation to a particular order under section 2(9) of the Act of 1988, subsection (3) is to have effect as if the date mentioned in the definition of “exempting order” were such date later than 1st April 1997 as may be specified in the extension order.
Where sections 9 to 16 of the Act of 1988 apply by virtue of this section they shall be read with the following omissions—
in section 9 (keeping of accounts), subsection (4), and the references to subsection (4) in subsections (5) and (6);
in section 11 (reporting for financial year), subsections (2)(c) and (e);
in section 12 (providing information), subsections (1) and (2); and
in section 13 (serving of notices for purpose of getting information), paragraphs (a), (b) and (ba) of subsection (1).
In the application of section 9, 10 or 11 of the Act of 1988 by virtue of this section, any condition which is required to have been fulfilled for that section to apply shall be taken to have been fulfilled.
The abolition of the old authorities shall not affect the validity of anything done by any of those authorities before their abolition.
Anything which at 1st April 1996 is in the process of being done by or in relation to an old authority in the exercise of, or in connection with, any relevant functions may be continued by or in relation to the authority (“the successor authority”) by which those functions become exercisable or, as the case may be, become exercisable in respect of the area in question.
Where immediately before 1st April 1996 any relevant functions exercisable by an old authority are exercisable concurrently by another such authority, or by other such authorities in respect of their respective areas, subsection (2) shall have effect as if those functions had by virtue of this Act become functions of that other authority or of those other authorities in respect of their respective areas.
Anything done by or in relation to an old authority before 1st April 1996 in the exercise of or in connection with any relevant functions shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the successor authority.
Subsection (4) applies in particular to—
any decision, determination, declaration, designation, agreement or instrument made by an old authority;
any regulations or byelaws made by an old authority;
any licence, permission, consent, approval, authorisation, exemption, dispensation or relaxation granted by or to an old authority;
any notice, direction or certificate given by or to an old authority;
any application, request, proposal or objection made by or to an old authority;
any condition or requirement imposed by or on an old authority;
any fee paid by or to an old authority;
any appeal allowed by or in favour of or against an old authority;
any proceedings instituted by or against an old authority.
Any reference in this section to anything done by or in relation to an old authority includes a reference to anything which by virtue of any enactment is treated as having been done by or in relation to that authority.
Any reference (however framed) to an old authority in any document constituting, or relating to, anything to which the provisions of this section apply shall, so far as is required for giving effect to those provisions, be construed as a reference to the successor authority.
The provisions of this section are without prejudice to any provision made by or under this Act in relation to any particular functions and shall not be construed as continuing in force any contract of employment made by any of the old authorities.
The Secretary of State may, in relation to any particular functions, by order exclude, modify or supplement any of the provisions of this section or make such other transitional provision as he thinks necessary or expedient.
In this section “relevant functions” means statutory functions which by virtue of any provision made by or under this Act become functions of another authority, or of other authorities in respect of their respective areas.
The Secretary of State may by order make such incidental, consequential, transitional or supplemental provision as he thinks necessary or expedient—
for the general purposes, or any particular purpose, of this Act or in consequence of any of its provisions or for giving full effect to it; or
in consequence of such of the provisions of any other Act passed in the same Session as this Act as apply to any area or authority affected by this Act.
An order under subsection (1) may, in particular, make provision—
for enabling any authority or body by whom any powers will become exercisable, on a date specified by or under this Act, by virtue of any provision made by or under this Act to take before that date any steps which are necessary as a preliminary to the exercise of those powers;
for the making before any date specified by or under this Act of arrangements for securing the satisfactory operation from that date of any provision made by or under this Act and for defraying the cost of any such arrangements;
for the transfer of property, rights or liabilities, and of related functions, from an abolished body ... to a new principal council or other public body ...;
for the management or custody of transferred property (whether real or personal);
for applying (with or without modifications) or amending, repealing or revoking (with or without savings) any provision of an Act passed before this Act or in the same Session, or an instrument made under such an Act before 1st April 1996;
for making savings, or additional savings, from the effect of any repeal made by this Act;
with respect to the membership of any body, so far as that membership consists of persons elected by or appointed by or on the nomination of—
any authority affected by this Act; or
any group of bodies which includes such an authority;
dissolving any body corporate established by any Act passed, or any instrument made, before 1st April 1996;
with respect to the functions or jurisdiction of any public body or of— and the costs and expenses of such public bodies and persons.
any coroner, lord-lieutenant, lieutenant or high sheriff; or
any other officers (including police officers) within the area of any local authority affected by any provision of or made under this Act,
In subsection (2)(c) “abolished body” means an old authority or any joint board which ceases to exist as a result of section 59.
Any transfer made in accordance with any provision made by virtue of subsection (2)(c)—
may be made subject to terms, including financial terms; and
may impose new rights or liabilities in respect of the property transferred.
The amendments that may be made under this section shall be in addition, and without prejudice, to those made by or under any other provision of this Act.
Any question arising under this Act as to which is the successor authority in respect of any particular functions may be determined by a direction given by the Secretary of State.
No other provision of this Act shall be taken to restrict the powers conferred by this section.
The Lord Chancellor may , after consulting the Lord Chief Justice, by order make, with respect to any matters mentioned in subsection (2), such incidental, consequential, transitional or supplemental provision as the Lord Chancellor thinks necessary or expedient, after consulting the Lord Chief Justice, in consequence of any of the provisions of this Act.
The matters are—
the functions or areas of jurisdiction of any justice of the peace, . . . or magistrates' court. . .; and
local justice areas.
The Lord Chancellor may , after consulting the Lord Chief Justice, by order alter, in such manner as appears to the Lord Chancellor to be expedient, after consulting the Lord Chief Justice, in connection with the alteration in any local government area made by this Act, any of the local justice areas in Wales.
the commission areas in Wales specified in section 1 of the Act of 1979,
the areas in Wales which constitute petty sessions areas under section 4 of that Act, or
the areas in Wales to which magistrates' courts committees relate under section 19 of that Act.
Any order under this section may, in particular—
make provision with respect to the costs and expenses of any persons with respect to whom provision is made by the order;
apply (with or without modifications) or amend or repeal or revoke (with or without savings) any provision of an Act passed before this Act or in the same Session, or an instrument made under such an Act before 1st April 1996.
Subsections (5) and (7) of section 54 apply in relation to this section as they apply in relation to that section.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any public bodies affected by the alteration, abolition or constitution of any area by this Act may make agreements with respect to any property, income, rights, liabilities or expenses (so far as affected by the alteration, abolition or constitution) of, and any financial relations between, the parties to the agreement.
In subsection (1) “public body” does not include an old authority but does include a new principal council.
Any such agreement may provide—
for the transfer or retention of any property, rights or liabilities, with or without conditions, and for the joint use of any property;
for the making of payments by either party to the agreement in respect of property, rights or liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and
for the making of any such payment either by way of a capital sum or of a terminable annuity.
In default of agreement as to any disputed matter, the matter shall be referred to the arbitration of a single arbitrator—
agreed on by the parties; or
in default of agreement, appointed by the Secretary of State.
The award of the arbitrator may make any provision which may be included in an agreement under this section.
In subsection (4) “disputed matter” means any matter—
which might be dealt with in an agreement under this section;
which is the subject of an unresolved dispute between two or more public bodies; and
for the resolution of which no provision is otherwise made.
Any local statutory provision to which this section applies and which is not continued in force by any other provision of this Act shall continue to apply on and after 1st April 1996 to the area, things or persons to which or to whom it applies before that date, but subject to the modifications made by subsections (3) to (5) and to any other necessary modifications.
The continuation by subsection (1) of an instrument made under any enactment shall not be taken to affect any power to vary or revoke the instrument which is exercisable apart from that subsection.
Subsection (1) has effect subject to the provisions of—
this Act;
any Act passed after this Act but before 1st April 1996; and
any order made under section 54 or 55 or this section.
Any local statutory provision to which this section applies and which relates to functions exercisable by an old authority of any description, by virtue of any public general enactment, shall have effect as if for any reference to the authority by whom the functions are exercisable immediately before 1st April 1996 or to their area there were substituted a reference to—
the authority by whom those functions are exercisable on and after that date; or
(as the case may be) to so much of the area of the latter authority as comprises the area of the former authority or any part of that area.
In any local statutory provision to which this section applies but which does not fall within subsection (4), for any reference to the area of an old authority or to an old authority there shall be substituted a reference to so much of the new principal area as comprises the area of the old authority or any part thereof or, as the case may be, the council of that new principal area.
Subsections (4) and (5) have effect subject to any provision to the contrary made by, or by any instrument made under, this Act.
The Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of any provision of this section where it would otherwise conflict with any provision of the order.
This section applies to any local statutory provision which is in force in Wales immediately before 1st April 1996 and is not expressly repealed or revoked by this Act.
In this section “local statutory provision” means a provision of—
a local Act (including an Act confirming a provisional order);
a public general Act passed with respect only to the whole or part of a local government area in Wales as it existed immediately before the passing of this Act;
an instrument made under any such local or public general Act; or
an instrument in the nature of a local enactment made under any other Act.
This section applies where any local statutory provision (“the relevant provision”) is—
continued in force in any area by section 57, or
amended or modified in its application to any area by an order under section 54 or 55 (a “modifying order”).
The Secretary of State may by order or (as the case may be) the modifying order may—
extend the relevant provision throughout the new principal area in which it is continued in force;
provide that the relevant provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;
make such modifications of any such enactment as will secure that the enactment and the relevant provision will operate harmoniously in that area;
repeal or revoke any local statutory provision to which this section applies and which appears to the Minister to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom the relevant provision applies;
transfer to any authority appearing to the Minister to be appropriate any functions of an old authority under any local statutory provision to which this section applies which are not to become functions of some other authority under any provision of this Act (except section 54, 55, 57 or this section) or under any other instrument made under this Act;
without prejudice to paragraph (e), make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Minister to be expedient.
An order under this section which extends the area for which any local statutory provision is in force shall be provisional only.
In this section “the Minister” means—
in relation to an order made by the Secretary of State under subsection (2), the Secretary of State; and
in relation to a modifying order containing provision made by virtue of subsection (2) of this section, the Minister making that order.
Where an existing joint board was constituted by or under any enactment for exercising functions for any area (including any united district), the board shall continue in existence on and after 1st April 1996 and to exercise for that area the same functions as before that date (to the exclusion of new principal councils).
In subsection (1)—
“area” does not include a port health district.
Subsection (1) does not apply to a joint board constituted for an area which on 1st April 1996 will be wholly within the area of a single new principal council if the board was constituted for the purpose of exercising functions which on and after that date would (apart from the existence of the board) be exercisable by that council.
Subsection (3) applies whether or not the board has additional functions which, apart from this section, would not be exercisable by the new principal council.
In a case to which subsection (3) applies—
the functions of the board shall on 1st April 1996 become functions of the new principal council; and
the joint board shall cease to exist on that date.
This subsection applies where—
a port health district was constituted by an order under any enactment relating to public health; and
a local authority or joint board, every constituent member of which is a local authority, is the port health authority for that district.
Where subsection (6) applies, the district shall continue to exist as a port health district on and after 1st April 1996.
Where, on 1st April 1996, a single new principal council will become the riparian authority in relation to a port health district continued in existence by subsection (7)—
that authority shall, on that date, become the port health authority for that district; and
any existing joint board constituted for that district shall cease to exist.
Where, on 1st April 1996, two or more new principal councils will become riparian authorities in relation to a port health district continued in existence by subsection (7), the port health authority for the district shall be—
the existing port health authority, if that authority is a joint board; and
the new principal council whose area comprises or abuts on the greater part of the district, in any other case.
Any question as to which new principal council’s area comprises or abuts on the greater part of a port health district shall be determined by the Secretary of State.
This subsection applies to any existing joint committee constituted under any enactment for the purpose of exercising functions for an area which on 1st April 1996 will lie within the areas of two or more new principal councils by whom those functions would apart from this subsection become exercisable on that date.
A joint committee to which subsection (11) applies—
shall continue to exist on and after 1st April 1996 as if duly appointed by or in connection with those new principal councils; and
shall exercise those functions for the area for which the committee exercised them before that date.
Nothing in subsection (12) is to be taken as preventing new principal councils from making different arrangements for the discharge of functions.
The continuation in existence of any area or body by this section does not prejudice any power conferred by any enactment to amend or revoke the order constituting the area or body or the power to make provision with respect to the body conferred by section 54.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following provisions shall have effect for the construction of references to a local statutory provision to which section 57 applies—
any reference to an existing joint board which ceases to exist by virtue of this section, or any reference which is to be construed as such a reference, shall be construed as a reference to the new principal council by whom the functions of that board will become exercisable by virtue of this section;
any reference to a united district or other area the existing joint board for which ceases to exist by virtue of subsection (3), or any reference which is to be construed as such a reference, shall be construed as a reference to so much of the area of the new principal council by whom the functions formerly exercisable by the existing joint board become exercisable on 1st April 1996, as comprises the united district or other area for which the board acted; and
any reference to an existing local authority whose functions as port health authority become exercisable on 1st April 1996 by virtue of this section by a new principal council, or any reference which is to be construed as such a reference, shall be construed as a reference to that council.
In this section “existing” means existing immediately before 1st April 1996.
This section has effect subject to any provision made by or under this Act.
Each new principal council shall make and maintain a scheme setting out their arrangements for the proper care, preservation and management of their records.
Each scheme shall include details of any relevant shared arrangements which the council concerned have made.
The council by whom a scheme has been made shall keep the scheme under review and, where they consider that it should be modified, make such adjustments to it as they consider appropriate.
Before making, or modifying, their scheme a new principal council shall consult the Secretary of State and have regard to any advice that he may give.
Where the records of a new principal council relate to the area, or part of the area, of another such council, that other council shall have the right—
to inspect those records at all reasonable times (without payment of any fee); and
to take copies of any of them, in such manner as carries no risk of damage.
The right conferred by subsection (5) is subject to any shared arrangements which affect the records concerned.
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Her Majesty may by Order in Council make such amendments in section 1 of, and Schedule 1 to, the Lieutenancies Act 1997, with respect to the area for which any lord-lieutenant or lieutenant may be appointed, as Her Majesty considers appropriate in the light of the changes made by or under this Act with respect to the areas of local authorities in Wales.
Any such Order may make such incidental, consequential, transitional or supplemental provision (including provision amending the Lieutenancies Act 1997 or any other enactment) as appears to Her Majesty to be necessary or expedient.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 3 of the Sheriffs Act 1887 (annual appointment of sheriff) at the end add—
Her Majesty may by Order in Council make such amendments in section 3 of the Act of 1887, with respect to the area for which any sheriff may be appointed, as Her Majesty considers appropriate in the light of the changes made by this Act with respect to the areas of local authorities in Wales.
Any such Order may make such incidental, consequential, transitional or supplemental provision (including provision amending the Act of 1887 or any other enactment) as appears to Her Majesty to be necessary or expedient.
In section 6 of the Act of 1887 (nomination and appointment of sheriffs), after subsection (3) insert—
Any power to make regulations or orders conferred on the Secretary of State , the National Assembly for Wales or the Lord Chancellor by this Act shall be exercisable by statutory instrument.
Any such instrument, other than one made by the Assembly or under a provision mentioned in subsection (4), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
No order shall be made under section 34 unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
The provisions mentioned in subsection (2) are—
sections 17(6), 34, 39(1), 49(6), 53(9) and 66(3);
paragraph 18 of Schedule 5;
paragraph 1(3) of Schedule 13; and
paragraphs 12 and 18 of Schedule 17.
Any regulations or order made under this Act may—
make such supplemental, incidental, consequential or transitional or saving provision as the person making the regulations or order considers appropriate; and
make different provision for different cases or classes of case or for different localities.
Any power of the Secretary of State to give a direction under this Act shall—
include power to make different provision for different cases, including different provision for different localities and for different bodies; and
shall be exercised in writing.
In this Act—
and in subsection (4)(c), after “county councils” insert “ or county borough councils ”. In section 13 of that Act (regulations for control of certain diseases), in subsection (4)(a), after “county councils,” insert “ county borough councils, ”. In section 53 of that Act (interpretation of Part IV), in the definition of “canal”, after “county” insert “or county borough”. In section 64 of that Act (restriction on right to prosecute), in subsection (2)(a), after “district council” insert “Welsh county council, county borough council”. In section 74 of that Act (general interpretation), in the definition of “district”, at the end add “and, in relation to a local authority in Wales, means a county or county borough”.
“financial year” means the period of twelve months beginning with 1st April;
“new”, in relation to any area or authority, means an area or authority established by or under this Act;
“new”, in relation to any area or authority, means an area or authority established by or under this Act;
A county borough established by this Act shall not be treated as a borough for the purposes of any Act passed before 1st April 1974.
Subject to the provisions of this section, this Act and the 1972 Act shall be construed as one.
Subject to any provision to the contrary, in any amendment of an enactment made by or under this Act “Wales” has the same meaning as in section 269 of the 1972 Act.
There shall be defrayed out of money provided by Parliament—
any expenses incurred by any Minister of the Crown under this Act; and
any increase attributable to the provisions of this Act in the sums payable out of money so provided under any other enactment.
Any sums received by the Secretary of State under a provision of this Act shall be paid into the Consolidated Fund.
This Act may be cited as the Local Government (Wales) Act 1994.
The following provisions of this Act— shall come into force on the passing of this Act.
sections 1(1), (2) and (7), 3, 6, 7, 39, 40, 43, 46, 47, 48, 54, 55, 63 and 64,
Schedules 1, 3, 13 and 14 and paragraphs 1, 4, 6 and 9 of Schedule 17, and
subsections (1) to (4) and (9) of this section,
The other provisions of this Act shall come into force on such day as the Secretary of State may by order appoint.
Different days may be appointed by an order under subsection (3) for different purposes and different provisions.
Schedule 15 makes minor and consequential amendments of the 1972 Act.
Schedule 16 makes certain miscellaneous consequential amendments.
Schedule 17 contains transitional provisions and savings.
The repeals set out in Schedule 18, which include repeals of certain enactments which are spent, shall have effect.
This Act does not extend to Scotland or Northern Ireland except that any amendment or repeal of another enactment by this Act has the same extent as the enactment amended or repealed.