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Malvern Hills Act 1995

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SCHEDULES

SCHEDULE 1

Name of enactmentManner in which applied to the Conservators
(1)(2)
Part VA of and Schedule 12A to the [1972 c. 70.] Local Government Act 1972

Whole of Part and Schedule to apply as though the Conservators were a principal council within the meaning of Part VA and references to a committee or sub-committee of a principal council included references to any committee or sub-committee appointed by the Conservators but subject to the following modifications, namely:—

(a)

The reference in section 100A (6) (c) to premises not belonging to a principal council shall be construed as a reference to premises not used as the offices of the Conservators, unless and until the Conservators acquire a building for use as their offices under section 9 of this Act.

(b)

The proper officer for the purposes of sections 100B, 100C and 100D shall be the Clerk to the Conservators.

(c)

Section 100G (1) (a) shall apply as though after the word “ward” there was inserted the word “, parish” and after the word “represents” there were inserted the words “or body by which he was appointed”.

Section 228 of the Local Government Act 1972Section to apply with the omission of the reference to any proper officer as though the Conservators were a parish or Community Council and references in the section to a local government elector for the area of the authority shall be construed as references to a local government elector for the area of any of the local authorities from which members of the Conservators are elected or nominated.
Schedule 13 to the [1952 c. 66.] Defamation Act 1952Schedule to apply as though the Conservators were a local authority and any committee or sub-committee of the Conservators were a committee of a local authority.

SCHEDULE 2

Part IProvisions of the Act of 1884 amended

ProvisionAmendment
(1)(2)
The Second ScheduleIn the list of exceptions after the words “sections 12 to 35 inclusive” there shall be inserted “53,”.

Part IIProvisions of the Act of 1924 amended

ProvisionAmendment
(1)(2)
Section 7 (Constitution of Board of Conservators)In subsection (3) after the words “three years” where they appear for the first time there shall be inserted “or such other term, not exceeding four years, as the Board of Conservators may by resolution determine” and after the words “three years” where they appear for the second time there shall be inserted “or such other period determined by the Board of Conservators”.
Section 25 (Bye-laws to restrict and regulate quarrying, &c.)In subsection (1) for the words “Section 18 (Bye-laws and proceedings) of the Act of 1884 as amended by section 13 of the Act of 1909 shall apply to any such bye-laws as if such section had been re-enacted in this Act” there shall be substituted “and subsections (4) to (8) of section 10 (Byelaws) of the Malvern Hills Act 1930 shall apply in relation to any such byelaws as if they were byelaws made under that section”.

Part IIIProvisions of the Act of 1930 amended

ProvisionAmendment
(1)(2)
Section 6 (Parking places for vehicles)In subsection (1) after the words “and other vehicles” there shall be inserted “for use by persons resorting to the Malvern Hills for the purpose of recreation and enjoyment”.
Section 10 (Byelaws)In subsection (1) after paragraph (j) there shall be inserted “(k) For preventing or regulating vehicles, including cycles, being parked, driven or ridden on any part of the Malvern Hills not set apart for that purpose; and for regulating the use of parking places on any part of the Malvern Hills set apart for parking;”.

SCHEDULE 3Repeals

ChapterEnactmentExtent of repeal
1884 c. clxxv.Malvern Hills Act 1884.Section 18.
1909 c. xxxvii.Malvern Hills Act 1909.Section 13.

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