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Local Government (Wales) Act 1994

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Local Government (Wales) Act 1994

1994 CHAPTER 19

An Act to make provision with respect to local government in Wales.

[5th July 1994]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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Extent Information

E1Act's amending/repealing provisions are coextensive with the enactments they affect see s. 66(9)

Commencement Information

I1Act partly in force at Royal Assent see 66(2)

PART IE+W+S+N.I. Local Government Areas in Wales

The new areas and their councilsE+W

1 The local government areas.E+W

(1)For section 20 of the M1Local Government Act 1972 (“the 1972 Act”) substitute—

20 New principal local government areas in Wales.

(1)For the administration of local government on and after 1st April 1996, the local government areas in Wales shall be—

(a)the new principal areas; and

(b)the communities.

(2)The new principal areas (determined by reference to areas which, immediately before the passing of the Local Government (Wales) Act 1994, are local government areas) are set out in Parts I and II of Schedule 4 to this Act.

(3)Each of the new principal areas shall have the name given to it in Schedule 4.

(4)The new principal areas set out in Part I of Schedule 4 shall be counties and those set out in Part II of that Schedule shall be county boroughs.

(5)In this Act “principal area”, in relation to Wales, means a county or county borough.

(6)The counties which were created by this Act, as originally enacted, as counties in Wales, and the districts within them, shall cease to exist on 1st April 1996 except that the preserved counties shall continue in existence (with, in some cases, modified boundaries) for certain purposes.

(7)The councils of the counties and districts mentioned in subsection (6) above shall cease to exist on 1st April 1996.

(8)The areas of the preserved counties are set out in Part III of Schedule 4 and are determined by reference to local government areas in existence immediately before the passing of the Local Government (Wales) Act 1994.

(9)The Secretary of State may by order change the name by which any of the preserved counties is for the time being known.

(10)Any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11)The Welsh name of each of the new principal areas is shown in Schedule 4 immediately after its English name.

(2)Schedule 1 substitutes new Parts I, II and III in Schedule 4 to the 1972 Act.

(3)Schedule 2 provides for the application of certain enactments in relation to the preserved counties.

(4)Section 270(1) of the 1972 Act (definitions) is amended as follows.

(5)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; ”.

(6)In the definition of “local government area”, for paragraph (b), substitute—

  • in relation to Wales, a county, county borough or community;.

(7)After the definition of “prescribed” insert—

  • preserved county” means any county created by this Act as a county in Wales, as it stood immediately before the passing of the Local Government (Wales) Act 1994 but subject to any provision of the Act of 1994, or any provision made under this Act, redrawing its boundaries;.

(8)In the definition of “principal area” insert at the end “ but, in relation to Wales, means a county or county borough. ”

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Commencement Information

I2S. 1 wholly in force at 1.4.1996; s. 1(1)(2)(7) in force at 5.7.1994 see s. 66(2); s. 1(4)in force at 24.10.1994 and s. 1(5)(6)(8) in force for certain purposes at 24.10.1994 by S.I. 1994/2790, art. 2(1), Sch. 1 (subject to art. 2(2)(3)); s. 1(5)(8) in force for certain purposes at 20.3.1995 by S.I. 1995/546, art. 3, Sch. (subject to arts. 4-8 (as amended by S.I. 1995/851)); s. 1(3)(5)(6)(8) in force at 3.4.1995 for certain purposes by S.I. 1995/852, art. 3(1), Sch. 1 (subject to art. 3(2)(3)); s. 1(3)(5)(8) in force for certain purposes at 1.10.1995 by S.I. 1995/2490, art. 3(1), Sch. 1 (subject to art. 3(2)-(4)); s. 1(3)(5)(6)(8) in force for certain purposes at 1.4.1996 by S.I. 1995/3198, art. 3, Sch. 1

Marginal Citations

over 20/03/1995

2 Constitution of new principal councils in Wales.E+W

For section 21 of the 1972 Act substitute—

21 Constitution of principal councils in Wales.

(1)For every principal area in Wales there shall be a council consisting of a chairman and councillors.

(2)Each such council shall be a body corporate and shall have the functions given to them by this Act or otherwise.

(3)Each council for a county in Wales shall have the name of the county with the addition—

(a)in the case of their English name, of the words “County Council” or the word “Council” (as in “Cardiganshire County Council” or “Cardiganshire Council”); and

(b)in the case of their Welsh name, of the word “Cyngor” (as in “Cyngor Sir Aberteifi”).

(4)Each council for a county borough in Wales shall have the name of the county borough with the addition—

(a)in the case of their English name, of the words “County Borough Council” or the word “Council” (as in “Caerphilly County Borough Council” or “Caerphilly Council”); and

(b)in the case of their Welsh name, of the words “Cyngor Bwrdeistref Sirol” or the word “Cyngor” (as in “Cyngor Bwrdeistref Sirol Caerffili” or “Cyngor Caerffili”).

(5)In the case of Abertawe, Caerdydd and Powys subsection (3)(b) above shall have effect as if it required the addition of the words “Cyngor Sir”.

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Commencement Information

I3S. 2 in force at 20.3.1995, see s. 66 and S.I. 1995/546, art. 3, Sch. (subject to arts. 4-8 (as amended by S.I. 1995/851))

3 Establishment of new principal councils.E+W

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.

over 20/03/1995

4 Elections of councillors.E+W

(1)For section 25(2) of the 1972 Act (electoral divisions) substitute—

(2)For the purpose of the election of councillors, every principal area in Wales shall be divided into electoral divisions, each returning such number of councillors as may be provided by an order under paragraph 2 of Schedule 5 to this Act or under or by virtue of the provisions of Part IV of this Act.

(3)There shall be a separate election for each electoral division.

(2)For section 26 of the 1972 Act substitute—

26 Elections of councillors.

(1)The ordinary elections of councillors of the new principal councils shall take place in 1995 and in every fourth year after 1995.

(2)The term of office of every such councillor shall be four years.

(3)On the fourth day after any such ordinary election—

(a)the persons who were councillors immediately before the election shall retire; and

(b)the newly elected councillors shall assume office.

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Commencement Information

I4S. 4 in force at 20.3.1995, see s. 66 and S.I. 1995/546, art. 3, Sch. (subject to arts. 4-8 (as amended by S.I. 1995/851))

over 03/04/1995

5 Change of status from county to county borough.E+W

For section 245A of the 1972 Act substitute—

245A Change of status of Welsh county to county borough.

(1)Where a petition is presented to Her Majesty by the council of a county in Wales praying for the grant of a charter under this section, Her Majesty, on the advice of Her Privy Council, may by charter confer on that county the status of a county borough.

(2)No such petition shall be presented unless a resolution of the council has been passed by not less than two-thirds of the members voting at a meeting of the council specially convened for the purpose.

(3)No charter under this section shall take effect before 1st April 1996.

(4)A county borough which has acquired that status by a charter under this section—

(a)shall be a county borough; but

(b)shall not be treated as a borough for the purposes of any Act passed before 1st April 1974.

(5)This section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any provision granting the status of a royal borough or conferring any style on any person.

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Commencement Information

I5S. 5 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 3(1), Sch. 1 (subject to art. 3(2)(3))

Electoral arrangementsE+W+S+N.I.

6 Review of electoral arrangements for new principal areas.E+W+S+N.I.

For section 64 of the 1972 Act (special community review and review of electoral arrangements) substitute—

64 Review of electoral arrangements for Welsh principal areas.

(1)As soon as practicable after the ordinary election of councillors for any of the Welsh principal areas held in 1995, the Welsh Commission shall—

(a)review the electoral arrangements for that area with a view to considering future electoral arrangements; and

(b)formulate proposals for those arrangements.

(2)The provisions of Part IV of this Act shall apply to a review under subsection (1) above as they apply to a review under section 57 above.

(3)In its application to a review under subsection (1) above, section 58 above shall have effect as if it required—

(a)the Welsh Commission to submit a report for any principal area before such date as the Secretary of State may direct, and

(b)the Secretary of State to make an order under section 58 above giving effect to the proposals of the Commission under subsection (1) above (whether as submitted to him or with modifications).

7 Rules to be observed in considering electoral arrangements.E+W+S+N.I.

(1)Schedule 11 to the 1972 Act (rules to be observed in considering electoral arrangements) shall be amended as follows.

(2)In paragraph 1 (rules for counties)—

(a)in sub-paragraph (1), at the end add “ but does not apply in relation to any county in Wales ”; and

(b)in sub-paragraph (2)(c) and (d), omit “or community”, in each place.

(3)After paragraph 1 insert—

1A Welsh counties and county boroughs

(1)This paragraph applies to the consideration by the Secretary of State or the Welsh Commission of the electoral arrangements for elections of councillors for principal areas in Wales.

(2)Subject to any direction under sub-paragraph (3) below, the Welsh Commission shall, when considering the arrangements for elections of councillors for any principal area in Wales, provide for there to be a single member for each electoral division.

(3)The Secretary of State may give a direction to the Welsh Commission requiring it to consider the desirability of providing for multi-member electoral divisions for the area to which the direction relates (which may be the whole or a specified part of a principal area in Wales).

(4)For the purposes of this paragraph, an electoral division is a multi-member division if the arrangements made for the elections of councillors provide for a specified number of councillors (greater than one) to be elected for that division.

(5)Having regard to any change in the number or distribution of the local government electors of the principal area likely to take place within the period of five years immediately following the consideration—

(a)subject to paragraph (b), the number of local government electors shall be, as nearly as may be, the same in every electoral division in the principal area;

(b)where there are one or more multi-member divisions, the ratio of the number of local government electors to the number of councillors to be elected shall be, as nearly as may be, the same in every electoral division in the principal area (including any that are not multi-member divisions);

(c)every ward of a community having a community council (whether separate or common) shall lie wholly within a single electoral division; and

(d)every community which is not divided into community wards shall lie wholly within a single electoral division.

(6)Subject to sub-paragraph (5) above, in considering the electoral arrangements referred to in sub-paragraph (1) above, regard shall be had to—

(a)the desirability of fixing boundaries which are and will remain easily identifiable; and

(b)any local ties which would be broken by the fixing of any particular boundary.

(4)In paragraph 4, after “Commissions” insert “ by a Welsh principal council ”.

over 01/04/1995

Communities and their councilsE+W

over 01/04/1996

8 Community meetings and continuation of community councils.E+W

For section 27 of the 1972 Act substitute—

CommunitiesE+W
27 Community meetings and continuation of community councils.

(1)A meeting of the local government electors for a community (“a community meeting”) may be convened for the purpose of discussing community affairs and exercising any functions conferred by any enactment on such meetings.

(2)The community councils in existence on 1st April 1996 shall, subject to any provision made under this Act, continue in existence after that date.

(3)Subsection (4) below applies where—

(a)the name of a community was given only in its English form or only in its Welsh form; but

(b)there is a generally accepted alternative form of that name, or alternative name, in Welsh or (as the case may be) in English.

(4)The principal council within whose area the community lies shall, before 1st October 1997, take such steps as may be prescribed with a view to securing that there is both an English and a Welsh name for the community.

over 01/04/1996

9 Establishment, dissolution and grouping etc. of community councils.E+W

For section 28 of the 1972 Act substitute—

28 Establishment or dissolution of community councils.

(1)A community meeting of a community which does not have a separate community council may apply to the principal council within whose area it lies for an order establishing a council for the community.

(2)A community meeting of a community which has a separate community council may apply to the principal council within whose area it lies for an order dissolving the community council.

(3)If, on any application under this section, the principal council are satisfied that the relevant requirements of section 29B below and Schedule 12 to this Act have been complied with, they shall make the order applied for.

(4)An order under this section establishing a separate community council for a community shall make such provision as appears to the council making it to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the M2People Act 1983.

(5)An order under this section establishing a separate community council for a community grouped under a common community council shall not be made unless—

(a)the community is separated from the group, or

(b)the group is dissolved,

by the order, or by an order under section 29A below.

(6)Where, in a case to which subsection (5) above applies, the group is not dissolved, the order under this section shall make such provision as appears to the principal council making it to be necessary for the alteration of the group’s community council.

(7)Subject to section 30 below, an application under subsection (1) or (2) above may be made at any time.

(8)This section is subject to section 29B below.

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Marginal Citations

over 01/04/1996

10 Community councils for groups of communities.E+W

For section 29 of the 1972 Act substitute—

29 Community councils for groups of communities.

(1)A community meeting of a community may apply to the principal council within whose area the community is situated—

(a)for an order grouping the community with some neighbouring community or communities which lie in the same principal area as the applicant, under a common community council, or

(b)for an order adding the community to a group of communities—

(i)which are all in the area of the same principal council as the community; and

(ii)for which there is a common community council.

(2)If, on any application under this section, the principal council are satisfied that—

(a)the relevant requirements of section 29B below and Schedule 12 to this Act have been complied with, and

(b)in the case of an application under subsection (1)(b) above, that a community meeting of each of the communities in the group has consented to the applicant becoming a member of the group,

they shall make the order applied for.

(3)Subject to section 30 below, an application under subsection (1) above may be made at any time.

(4)An order under this section shall provide for the name of the group in both an English and a Welsh form.

(5)An order under this section shall—

(a)make such provision as appears to the council making it to be necessary for the election, in accordance with this Act and Part I of the Representation of the M3People Act 1983, of separate representatives on the community council for each community or for the wards of any community or, in the case of an order which adds a community to a group, for that community or for the wards of that community; and

(b)provide for the dissolution of the separate community council of any community included in the group.

(6)An order under this section shall make such provision as appears to the council making it to be necessary for the application to the communities included in the group of all or any of the provisions of section 79 of the M4Charities Act 1993 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.

(7)An order under this section may provide for any necessary adaptations of this Act in relation to the group of communities.

(8)This section is subject to section 29B below.

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Marginal Citations

over 01/04/1996

11 Community councils for groups of communities: dissolution.E+W

After section 29 of the 1972 Act, insert—

29A Community councils for groups of communities: dissolution.

(1)The council of a group of communities may apply to the principal council within whose area the communities lie for an order dissolving the group.

(2)A community meeting of a community included in a group of communities may apply to the principal council within whose area the community lies for an order separating the community from the group.

(3)If, on any application under this section, the principal council are satisfied that—

(a)the relevant requirements of section 29B below and Schedule 12 to this Act have been complied with, and

(b)in the case of an application under subsection (1) above, that a community meeting of each of the communities in the group has consented to the dissolution of the community council,

they shall make the order applied for.

(4)Where a community council are dissolved by an order under this section, the order shall make such provision as appears to the principal council to be necessary for the election of a community council for any of the communities in the group in accordance with this Act and Part I of the Representation of the M5People Act 1983.

(5)Where a community is separated from a group by an order under this section, the order shall make such provision as appears to the principal council to be necessary for the election of a community council for the community in accordance with this Act and Part I of the Representation of the M6People Act 1983.

(6)Subject to section 30 below, an application under subsection (1) above may be made at any time.

(7)This section is subject to section 29B below.

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Marginal Citations

over 01/04/1996

12 Community councils: supplemental provisions.E+W

(1)After section 29A of the 1972 Act, insert—

29B Community councils: applications under section 28, 29 or 29A.

(1)An application under section 28, 29 or 29A above may be made only if—

(a)a poll of the local government electors in the community has been held;

(b)a majority of those voting in the poll supports the proposal; and

(c)in the case of an application under section 29(1)(a), the application is made jointly with the communities to be grouped under the common community council.

(2)In the case of an application under section 29A(1), paragraphs (a) and (b) of subsection (1) above apply in relation to each of the communities concerned.

(3)The consent required by section 29(2)(b) or 29A(3)(b) above may be given by a community meeting only if—

(a)a poll of the local government electors in the community has been held; and

(b)a majority of those voting in the poll supports the proposal.

(4)At any community meeting at which there is discussed a proposal—

(a)for the establishment, or for the dissolution, of a community council,

(b)for the grouping of the community with another community or communities (on an application under section 29(1)(a) or (b) above), under a common community council;

(c)for the separation of the community from the communities with which it is grouped under a common community council;

(d)for the dissolution of the common community council for the communities with which it is grouped;

(e)for the giving of the consent required by section 29(2)(b) or 29A(3)(b) above,

a decision to hold a poll on the question shall be effective only if not less than the required number of local government electors is present and voting.

(5)The required number of local government electors is such number as is equal to 30% of the local government electorate or, if that number exceeds 300, is 300.

(6)No poll shall be held for the purposes of this section before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.

(7)Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.

(8)Where the result of any poll (“the previous poll”) held for the purposes of this section is the rejection of the proposal with respect to which the poll was held, no further poll on that question shall be held before the end of the period of two years beginning with the date on which the previous poll was held.

(2)For sub-paragraphs (2) and (3) of paragraph 30 of Schedule 12 to the 1972 Act substitute—

(2)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.

(3)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.

(3A)The notice required by sub-paragraph (2) or (3) above shall—

(a)specify the time and place of the intended meeting;

(b)specify the business to be transacted at the meeting; and

(c)be signed by the person or persons convening the meeting.

over 01/04/1996

13 Constitution and powers of community councils.E+W

For section 33 of the 1972 Act substitute—

33 Constitution and powers of community councils.

(1)A community council shall be a body corporate consisting of the chairman and community councillors and shall have the functions given to them by this Act or otherwise.

(2)Each community council shall have the name of the community, with the addition—

(a)in English, of the words “Community Council” (as in “Dale Community Council” or “Llandrillo Community Council”); and

(b)in Welsh, of the words “Cyngor Cymuned” (as in “Cyngor Cymuned Dale” or “Cyngor Cymuned Llandrillo”).

(3)A community council need not have a common seal.

(4)Where a community council do not have a seal, any act of theirs which is required to be signified by an instrument under seal may be signified by an instrument signed and sealed by two members of the council.

over 03/04/1995

14 Consultation with community councils.E+W

After section 33 of the 1972 Act insert—

33A Consultation with community councils.

(1)The Secretary of State may by order designate any matter—

(a)for the purposes of subsection (2) below; or

(b)for the purposes of subsection (3) below.

(2)Where a new principal council are to consider any proposal which relates to a matter which is designated for the purposes of this subsection, the council shall—

(a)afford the relevant community councils an opportunity to make representations to them about the proposal;

(b)before making any decision in relation to the proposal, take into account any representations made to them by any relevant community council with respect to the proposal; and

(c)when they take a decision with respect to the proposal, notify without delay any relevant community council by whom any such representations have been made.

(3)If a community council have given written notice to the relevant principal council—

(a)that they wish to be consulted about a specified proposal which is to be considered by the principal council, and which relates to a matter designated for the purposes of this subsection, or

(b)that they wish to be consulted about any proposal which is to be considered by the principal council and which relates to such a matter,

the principal council shall take the steps mentioned in subsection (2) above in relation to that community council.

(4)An order under this section may—

(a)prescribe circumstances (including, in particular, the need to act with urgency) in which subsections (2) and (3) above do not apply;

(b)give the Secretary of State power, in such circumstances as may be prescribed by the order, to provide that in relation to any principal council specified by him, those subsections shall not apply or shall apply only to the extent specified by him.

(5)A contravention of the duty imposed by subsection (2) or (3) above shall not affect the validity of any decision of a principal council or of anything done in pursuance of any such decision.

(6)In this section—

  • relevant community council”, in relation to a principal council, means the council of any community which is, or group of communities which are, within the area of the principal council; and

  • relevant principal council”, in relation to any community council, means the principal council within whose area the community is, or group of communities are, situated.

(7)The power to make an order under this section shall include power—

(a)to make such incidental, consequential, transitional or supplemental provision as the Secretary of State thinks necessary or expedient; and

(b)to make different provision for different areas, including different provision for different localities and for different authorities.

over 03/04/1995

15 Elections of community councillors.E+W

In section 35 of the 1972 Act (community councillors), for subsection (2) substitute—

(2)There shall be ordinary elections of community councillors in 1995 and in every fourth year thereafter.

(2A)The term of office of the community councillors shall be four years.

(2B)On the fourth day after any such ordinary election—

(a)the persons who were councillors immediately before the election shall retire; and

(b)the newly elected councillors shall assume office.

over 01/04/1996

16 Community having the status of a town.E+W

After section 245A of the 1972 Act insert—

245B Community having the status of a town.

(1)The council of a community which is not grouped with any other community may, subject to subsection (3) below, resolve that the community shall have the status of a town.

(2)Where a community has the status of a town—

(a)the town council shall have the name of the community with the addition—

(i)in English, of the words “Town Council”; and

(ii)in Welsh, of the words “Cyngor Tref”;

(b)the chairman of the town council shall be entitled to the style of “town mayor” or “maer y dref”; and

(c)the vice-chairman of the town council shall be entitled to the style of “deputy town mayor” or “dirprwy faer y dref”.

(3)Where the provisions of section 27(4) above apply in relation to a community, the council of that community shall not pass a resolution under subsection (1) above unless it is satisfied that those provisions have been complied with in relation to the community.

(4)Any such resolution shall cease to have effect if the community to which it relates ceases to exist.

(5)If a community council which has passed such a resolution is dissolved without the community ceasing to exist, the dissolution shall not affect the status of the community.

(6)A community council by whom a resolution has been passed under subsection (1) above or, if the council has been dissolved, a community meeting of the community may resolve that the resolution shall cease to have effect.

(7)On the passing of a resolution under subsection (6) above, the community shall cease to have the status of a town.

(8)This section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any provision conferring any style on any person.

PART IIE+W Functions

over 20/03/1995

GeneralE+W

17 General provision for transfer of functions.E+W

(1)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.

(2)A provision is a “relevant legislative provision” for the purposes of this section if it is a provision of—

(a)any public general Act passed before, or during the same Session as, this Act; or

(b)an instrument which—

(i)was made before the passing of this Act, under a public general Act; and

(ii)is of a legislative character but is not in the nature of a local enactment.

(3)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.

(4)In any relevant legislative provision—

(a)any reference to an area which is the area of a county council or the area of a district council, and

(b)any reference which is to be construed as a reference to such an area,

shall be construed, in relation to Wales, as a reference to a new principal area.

(5)In any relevant legislative provision—

(a)any reference to the council of a county or district, and

(b)any reference which is to be construed as such,

shall be construed, in relation to Wales, as a reference to the council of a new principal area.

(6)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.

(7)Where any relevant legislative provision is by virtue of this section to be construed in accordance with subsection (4) or (5)—

(a)it shall be so construed subject to any modifications necessary to give full effect to the provision; and

(b)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.

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Modifications etc. (not altering text)

C1S.17: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I6S. 17 wholly in force at 1.4.1996; s. 17 not in force at Royal Assent see s. 66; s. 17 in force for certain purposes at 20.3.1995 by S.I. 1995/546, art. 3, Sch. (subject to arts. 4-8 (as amended by S.I. 1995/851)); s. 17 in force at 1.4.1996 insofar as not already in force by S.I. 1996/396, art. 3, Sch. 1

over 03/04/1995

PlanningE+W

18 New principal councils to be local planning authorities in Wales.E+W

(1)In this Act references to the planning Act are references to the M7Town and Country Planning Act 1990.

(2)Section 1 of the planning Act (local planning authorities) is amended as follows.

(3)After subsection (1), insert—

(1A)Subsection (1) does not apply in relation to Wales.

(1B)In Wales—

(a)the local planning authority for a county is the county council; and

(b)the local planning authority for a county borough is the county borough council.

(4)After subsection (4), insert—

(4A)Subsection (4) does not apply in relation to Wales.

(4B)As to any site in Wales, the local planning authority is also the mineral planning authority.

(5)At the end of the section add—

(6)The exercise, in relation to Wales, of functions conferred on local planning authorities is subject to section 4(3) and Schedule 1A.

(6)In subsection (3), omit the words “and in Wales” and in subsection (5)—

(a)in paragraph (a), for “subsections (1) to (4) have” substitute “ this section has ”; and

(b)in paragraph (b), for “(1) and (2)” substitute “ (1) to (2) ”.

(7)Schedule 4 inserts a new Schedule 1A in the planning Act.

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Commencement Information

I7S. 18 wholly in force at 1.4.1996; s. 18 not in force at Royal Assent see s. 66; s. 18(1)-(6) in force at 3.4.1995 for certain purposes and 1.4.1996 insofar as not already in force by S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6)); s. 18(7) in force at 1.4.1996 by S.I. 1995/3198, art. 4, Sch. 2

Marginal Citations

19 Joint and special planning boards in Wales.E+W

(1)In section 2 of the planning Act (joint planning boards), after subsection (1) insert—

(1A)Subsection (1) does not apply in relation to Wales.

(1B)If it appears to the Secretary of State that it is expedient that a joint board should be established as the local planning authority for two or more areas, each of which is the whole or part of a Welsh county or county borough, he may by order—

(a)constitute those areas or parts as a united district for the purposes of this Act; and

(b)constitute a joint board as the local planning authority for that united district.

(1C)A joint board constituted under subsection (1) or (1B) shall be known as a “joint planning board”.

(2)In Schedule 17 to the 1972 Act (National Parks), after paragraph 3 insert—

3A(1)Where a National Park is wholly comprised in one planning area in Wales, the Secretary of State may by order constitute a special planning board to discharge, as respects the area of the Park, the functions to which this Part of this Schedule applies.

(2)Any enactment relating to joint planning boards constituted by an order under section 2 of the M8Town and Country Planning Act 1990 shall apply in relation to a special planning board constituted under this paragraph as it applies in relation to a joint planning board constituted under subsection (1B) of that section, but as if—

(a)the area of the National Park were a united district; and

(b)any reference (however expressed) to the constituent councils of the joint board (or which is to be construed as such a reference) were a reference to the council of the principal area in question.

3BA board reconstituted under paragraph 3 above or constituted under paragraph 3A above shall be known as “a special planning board”.

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Marginal Citations

(3)Section 2(2) of the planning Act (local inquiry to be held in the absence of consent of councils concerned) shall not apply to the making of any order—

(a)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

(b)under paragraph 3A of Schedule 17 to the 1972 Act,

if the board constituted by the order is to come into existence before 31st March 1997.

(4)In section 2 of the planning Act—

(a)in subsection (1), omit the words “(in this Act referred to as a “joint planning board”)”;

(b)in subsection (2), for the words “such an order” substitute “ an order under subsection (1) or (1B) ”;

(c)in subsection (3), after “county” insert “ or county borough ” (in both places); and

(d)in subsection (4), after “(1)” insert “ or (1B) ”.

20 Unitary development plans and National Parks.E+W

(1)After section 10 of the planning Act (application of Chapter I), insert—

10A Application of Chapter I in relation to Wales.

(1)This Chapter also applies to the area of any local planning authority in Wales.

(2)Subsections (3) and (4) apply where the area of a local planning authority in Wales includes—

(a)the whole or any part of an area prescribed under section 23B(2) in relation to a National Park, and

(b)other land.

(3)The provisions of this Chapter apply separately in relation to—

(a)the Park area or, if there is more than one, each Park area, and

(b)the remaining area.

(4)Any reference in any of the following sections of this Chapter to the area of the local planning authority (including any reference which falls to be so construed) shall be construed—

(a)in its application in relation to any Park area, as a reference to that Park area, and

(b)in its application in relation to the remaining area, as a reference to that area.

(5)In this section—

  • the Park area”, in relation to a National Park, means the part of the local planning authority’s area which is within the area prescribed under section 23B(2) in relation to that Park or, where there is more than one such part, those parts taken as a whole;

  • the remaining area” means the part of the local planning authority’s area which is not within the area so prescribed in relation to any National Park.

(2)In Chapter I of Part II of the planning Act, insert after section 28—

28A Application of Chapter I in relation to Wales: transitional provisions.

(1)Until a unitary development plan becomes fully operative for the area of any local planning authority in Wales—

(a)Part IA of Schedule 2, and

(b)Part III of Schedule 5 to the Local Government (Wales) Act 1994 (transitional provisions in relation to structure and local plans),

shall apply in relation to that area.

(2)For the purposes of this Chapter, a unitary development plan for the area of a local planning authority in Wales has become fully operative when—

(a)it has become operative under this Chapter; or

(b)where different parts have become operative at different times, when all parts of it have become so operative.

(3)Schedule 5 shall have effect—

(a)Part I making minor and consequential amendments to Part II of the planning Act,

(b)Part II inserting a new Part IA in Schedule 2 to the planning Act, and

(c)Part III making transitional provision, including provision with respect to the completion and adoption by new authorities of—

(i)local plans, and

(ii)proposals for alteration or replacement of structure plans and local plans,

prepared or in course of preparation on 1st April 1996.

(4)Schedule 6 shall have effect—

(a)Part I making minor and consequential amendments to the 1972 Act in relation to National Parks and countryside functions, and

(b)Part II making minor and consequential amendments to enactments concerned with planning.

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Commencement Information

I8S. 20 partly in force; s. 20 not in force at Royal Assent see s. 66; s. 20(4) in force at 3.4.1995 for certain purposes by S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6)); s. 20(4) in force at 1.10.1995 for certain purposes by S.I. 1995/2490, art. 4(1), Sch. 2 (subject to art. 4(2)(3)); s. 20(1)-(3) in force at 1.4.1996 by S.I. 1995/3198, art. 4, Sch. 2; s. 20(4) in force at 1.4.1996 for certain purposes by S.I. 1996/396, art. 3, Sch. 1

over 01/04/1996

EducationE+W

21 Local education authorities and minor authorities in Wales.E+W

(1)In section 114 of the M9Education 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, ”.

(2)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 ”.

(3)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”.

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Marginal Citations

Transfer of other specific functionsE+W

over 03/04/1995

22 Transfer of other specific functions.E+W

(1)Schedule 7 makes provision for the transfer to the new principal councils of functions in relation to highways, road traffic and transport.

(2)Schedule 8 makes provision for the transfer to the new principal councils of functions in relation to housing.

(3)Schedule 9 makes provision for the transfer to the new principal councils of functions in relation to public health and related matters.

(4)Schedule 10 makes provision for the transfer to the new principal councils of functions in relation to social services.

(5)Schedule 11 makes provision for the transfer to the new principal councils of functions in relation to water, land drainage and coast protection.

(6)Each of the Schedules referred to in this section includes minor and consequential amendments of other enactments.

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Commencement Information

I9S. 22 partly in force; s. 22 not in force at Royal Assent see s. 66; s. 22(1)(4) in force at 3.4.1995 for certain purposes by S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6)); s. 22(1)(2) in force at 1.10.1995 for certain purposes by S.I. 1995/2490, art. 4(1), Sch. 2 (subject to art. 4(2)(3)); s. 22(6) in force at 1.4.1996 by S.I. 1996/396, art. 3, Sch. 1; s. 22(1)-(5) in force at 1.4.1996 for certain purposes by S.I. 1996/396, arts. 3, 4, Schs. 1, 2

over 03/04/1995

23 Fire services.E+W

(1)In section 4 of the M10Fire Services Act 1947 (fire authorities), after second “county” insert “ or, in Wales, of every county or county borough ”.

(2)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.

(3)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—

(a)the constitution of an authority as the fire authority for the combined area constituted by the scheme, and

(b)the performance by that authority of any functions necessary for bringing the scheme into full operation on that date.

(4)Where the Secretary of State proposes to make such a combination scheme—

(a)subsection (2) of section 6 of the Act of 1947 shall until 1st April 1996 be taken to require him to give notice to—

(i)any existing fire authority whose area lies wholly or partly within the proposed combined area; and

(ii)each of the new principal councils concerned; and

(b)the requirement in that subsection with respect to public local inquiries shall not apply if—

(i)the proposed scheme relates only to new principal areas; and

(ii)the notice is given before 1st April 1996.

(5)Any such notice shall specify a period for making representations with respect to the proposed scheme.

(6)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.

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Commencement Information

I10S. 23 wholly in force at 1.4.1996; s. 23 not in force at Royal Assent see s. 66; s. 23(2)-(6) in force at 3.4.1995 by S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6)); s. 23(1) in force at 1.4.1996 by S.I. 1995/3198, art. 4, Sch. 2

Marginal Citations

Prospective

24 Police.E+W

(1)In section 1(1) of the M11Police Act 1964 (police areas), omit the words “and Wales” from paragraph (a) and after that paragraph insert—

(aa)for every county and county borough in Wales;.

(2)In section 2 of that Act (police authorities), at the end add—

(8)In this section any reference to a non-metropolitan county is to be read, in relation to Wales, as including a reference to a county borough.

(3)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.

(4)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—

(a)the constitution of an authority as the police authority for the combined area constituted by the scheme, and

(b)the performance by that authority of any functions necessary for bringing the scheme into full operation on that date.

(5)Where the Secretary of State proposes to make such an amalgamation scheme—

(a)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—

(i)to any existing police authority whose area lies wholly or partly within the area of the proposed combined police authority;

(ii)where that police authority is a combined authority, to the councils of each of the counties comprised in the combined area; and

(iii)to each of the new principal councils concerned; and

(b)the requirement in paragraph 3 of that Schedule with respect to public local inquiries shall not apply if—

(i)the proposed scheme relates only to new principal areas; and

(ii)the notice is given before 1st April 1996.

(6)Any such notice shall specify a period for making representations with respect to the proposed scheme.

(7)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.

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Marginal Citations

over 03/04/1995

ServicesE+W

25 Provision of services by one new principal council for another.E+W

(1)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.

(2)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.

(3)Subsection (1) is subject to—

(a)the provisions made by or under this Act;

(b)any other enactment which provides for specific functions of a local authority to be discharged only by that authority;

(c)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—

(i)Part III of the M12Local Government, Planning and Land Act 1980 (restrictions on use by local authorities of direct labour organisations); and

(ii)Part I of the M13Local Government Act 1988 (local authorities to undertake certain activities only if they can do so competitively).

(4)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.

(5)Any such regulations may, in particular, make provision—

(a)excluding prescribed matters from those which may be the subject of a service agency agreement;

(b)restricting (whether by reference to one or more areas or otherwise) the councils with which a principal council may make a service agency agreement;

(c)restricting the area or areas with respect to which the supplying council may provide services under a service agency agreement.

(6)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.

(7)The provisions of the M14Local 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.

(8)In section 1(4) of that Act (authorities to which Act applies), for “any county” substitute “ any county, county borough ”.

(9)For the purposes of this section the Residuary Body shall be treated as a new principal council.

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Modifications etc. (not altering text)

C3S. 25 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 12 (with ss. 7(6), 115, 117)

C4S. 25: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I11S. 25 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6))

Marginal Citations

26 Service delivery plans.E+W

(1)Every new principal council shall prepare and publish a plan (“a service delivery plan”)—

(a)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

(b)giving particulars of the arrangements for organisation and management which they propose to adopt.

(2)Each new principal council shall—

(a)publish a draft of their proposed service delivery plan before 1st November 1995; and

(b)complete and publish their service delivery plan before 1st February 1996.

(3)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.

(4)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.

(5)Copies of their service delivery plan shall be made readily available by each new principal council for inspection by any person during office hours.

(6)Subsections (4) and (5) also apply to the draft service delivery plan required to be published by subsection (2)(a).

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Commencement Information

I12S. 26 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6))

over 03/04/1995

PART IIIE+W Decentralisation and Joint Working

Decentralisation schemesE+W

27 Decentralisation schemes: preparation.E+W

(1)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.

(2)The conditions are that—

(a)an application relating to the council has been made to the Secretary of State under this section by ten or more of their members;

(b)the application is expressed to be made in relation to a specified area falling within the area of the council; and

(c)at least ten of those persons making the application are members of the council who are connected with the area specified in the application.

(3)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

  • direction” means a direction under subsection (1).

(4)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.

(5)A direction may require a decentralisation scheme to be submitted before a specified date.

(6)A committee established for the purposes of a decentralisation scheme is referred to in this Act as an area committee.

(7)No application under subsection (2) may be made after 1st January 1996 and no direction may be given after 1st July 1996.

(8)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.

(9)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—

(a)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

(b)the particular circumstances of the local area including its geographical, historical, cultural and demographic circumstances.

(10)A direction may specify any area to which it relates by reference to specific boundaries or by a general description.

(11)The Secretary of State may from time to time issue guidance with respect to the preparation and content of decentralisation schemes.

(12)Any such guidance may be—

(a)general, relating to all decentralisation schemes or all schemes of a specified description; or

(b)specific to a particular scheme.

(13)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.

(14)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.

28 Decentralisation schemes: approval and implementation.E+W

(1)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—

(a)approve the scheme as submitted;

(b)approve the scheme subject to such modifications as he considers appropriate; or

(c)reject the scheme.

(2)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.

(3)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.

(4)Where the Secretary of State approves a decentralisation scheme, it shall be the duty of the council concerned to implement and maintain the scheme.

(5)The Secretary of State’s decision under subsection (1) shall be given in writing.

(6)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.

(7)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.

(8)Nothing in section 27(7) shall be taken to prevent the giving of a direction under subsection (7).

(9)A direction under subsection (7) may require the revised scheme to be submitted to the Secretary of State before a specified date.

29 Area committees: safeguards.E+W

(1)Where an area committee has been established by a council in accordance with an approved decentralisation scheme—

(a)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

(b)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.

(2)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.

(3)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.

30 Area committees: membership etc.E+W

(1)This section applies where an area committee has been established by a council in accordance with an approved decentralisation scheme.

(2)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.

(3)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.

(4)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.

(5)No other persons shall be eligible for appointment to the committee.

(6)In this section, in relation to an area committee, “co-opted member” means any member appointed by the committee under subsection (4).

(7)Where the Secretary of State has given a direction under section 297 of the M15Education 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.

(8)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.

(9)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.

(10)In the application of section 101 of the 1972 Act (arrangement for discharge of functions by local authorities) in relation to the committee—

(a)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;

(b)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”.

(11)Sections 102(3) of the 1972 Act (power to include persons who are not members of the local authority concerned) and 15 of the M16Local Government and Housing Act 1989 (political balance on committees) shall not apply in relation to membership of the committee.

(12)The term of office of each of the co-opted members of an area committee shall be fixed by the committee.

(13)Section 102(2) of the 1972 Act (number of members of committee and terms of office) shall not apply in relation to the committee.

(14)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.

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Marginal Citations

31 Sub-committees of area committees.E+W

(1)In this section “sub-committee” means a sub-committee of an area committee.

(2)The members of a sub-committee shall be appointed by the area committee from among persons who are—

(a)members of the area committee appointed under subsection (3) of section 30; or

(b)entitled to be members of the area committee by virtue of that subsection.

(3)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.

(4)No other persons shall be eligible for appointment to a sub-committee.

(5)In this section, in relation to a sub-committee, “co-opted member” means any member of the sub-committee appointed under subsection (3).

(6)Where the Secretary of State has given a direction under section 297 of the M17Education 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.

(7)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.

(8)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.

(9)Sections 102(3) of the 1972 Act (power to include persons who are not members of the local authority concerned) and 15 of the M18Local Government and Housing Act 1989 (political balance on committees) shall not apply in relation to membership of a sub-committee.

(10)The number of members of a sub-committee and their terms of office shall be fixed by the area committee concerned.

(11)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.

(12)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.

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Marginal Citations

Joint workingE+W

32 Provision of information to Secretary of State.E+W

(1)The Secretary of State may at any time before 31st March 1999 direct any new principal council to give to him—

(a)details of the arrangements which they have made, or propose to make, for the performance of specified functions of theirs; and

(b)information of a specified kind or description as to the performance of specified functions of theirs.

(2)In subsection (1) “specified”, in relation to a direction, means specified in the direction.

(3)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.

33 Joint working arrangements.E+W

(1)Where it appears to the Secretary of State—

(a)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

(b)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,

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.

(2)The arrangements specified may, in particular, be, or include, arrangements for the joint exercise of functions.

(3)In this section “specified”, in relation to a direction, means specified in the direction.

(4)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.

(5)A direction under subsection (1) shall remain in force—

(a)until it is withdrawn by a notice in writing given by the Secretary of State to the councils concerned; or

(b)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.

(6)A direction under subsection (1) may at any time while it is in force be varied by the Secretary of State.

(7)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).

34 Joint authorities.E+W

(1)Where a direction has been given by the Secretary of State under section 33 but it appears to him that—

(a)it has proved impracticable to implement the arrangements required by the direction,

(b)the required arrangements have been implemented but are not working satisfactorily, or

(c)the required arrangements are, or have been, working satisfactorily but are unlikely to continue to work satisfactorily,

he may by order establish a body to act for the areas of the councils to which the direction relates.

(2)A body established under subsection (1) shall be known as a joint authority and may be established as a body corporate.

(3)A joint authority shall consist of such number of members as may be determined by the order establishing it.

(4)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.

(5)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—

(a)give such direction to the councils concerned or to any of them as he considers appropriate; and

(b)appoint such members (from among such persons as he considers appropriate) as may be required to complete the membership of the authority.

(6)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.

(7)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.

(8)An order under this section may—

(a)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;

(b)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;

(c)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.

(9)The Secretary of State may by order provide—

(a)for excluding any functions, or any functions in any area, from those falling to be carried out by a joint authority; and

(b)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.

(10)The power to make an order under this section includes, in particular, power to make provision for the transfer of property, rights and liabilities.

over 03/04/1995

PART IVE+W Finance

35 Council tax, rating and the community charge.E+W

(1)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.

(2)In this section “billing authority” means an authority which is a billing authority for the purposes of—

(a)Part I of the M19Local Government Finance Act 1992 (council tax); and

(b)Part III of the M20Local Government Finance Act 1988 (non-domestic rating).

(3)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.

(4)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—

(a)in connection with those matters, and

(b)in relation to any financial year beginning before 1996,

if the old authorities had not been abolished.

(5)For section 1(2) of the Act of 1992 substitute—

(2)In this Part “billing authority” means—

(a)in relation to England, a district council or London borough council, the Common Council or the Council of the Isles of Scilly, and

(b)in relation to Wales, a county council or county borough council.

(6)In section 39(1) of the Act of 1992 (precepting authorities), in paragraph (a) at the end add “in England”.

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Commencement Information

I13S. 35 wholly in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 6(1) (subject to art. 6(2)-(5))

Marginal Citations

36 Valuation lists for Welsh billing authorities.E+W

After section 22 of the M21Local Government Finance Act 1992, insert—

22A Amalgamated valuation lists for Welsh billing authorities.

(1)Every new listing officer shall, on 1st April 1996, compile a list (“the amalgamated list”) for the new billing authority for which he is appointed, based on the information provided for him under this section.

(2)The amalgamated list shall contain the information which was included in the valuation lists compiled on 1st April 1993 for the old billing authorities (“the current lists”) so far as that information is relevant.

(3)The amalgamated list shall also include the information which was included in any current list by way of an alteration, so far as that information is relevant.

(4)A new listing officer’s amalgamated list shall be treated, for the purposes of this Act, as the valuation list for his new billing authority and shall be deemed to have come into force on 1st April 1993.

(5)Where an amalgamated list contains information which is derived from any alteration made to any valuation list or lists from which it is derived, the amalgamated list shall be treated as having been varied on the date on which the alteration was made.

(6)Subsections (2) to (8) of section 22 above shall not apply in relation to an amalgamated list.

(7)Every listing officer shall—

(a)on or before 15th November 1995, provide the appropriate new listing officer with the information recorded in his valuation list as at 31st October 1995 so far as it is relevant; and

(b)on 31st March 1996, provide the appropriate new listing officer with the information recorded in his valuation list as at that date, so far as it is relevant.

(8)A new listing officer receiving any information under subsection (7)(a) above shall send a copy of it to his new billing authority as soon as is reasonably practicable.

(9)As soon as is reasonably practicable after compiling the amalgamated list, a new listing officer shall send a copy of it to his new billing authority.

(10)A new billing authority receiving a copy of an amalgamated list under subsection (9) above shall, as soon as is reasonably practicable, deposit it at its principal office.

(11)In this section—

  • old authority” has the same meaning as in the Local Government (Wales) Act 1994;

  • old billing authority” means a billing authority which is an old authority;

  • new billing authority” means a billing authority which is a new principal council;

  • listing officer” means a listing officer for an old billing authority;

  • new listing officer” means a listing officer for a new billing authority; and

  • new principal council” has the same meaning as in the Local Government (Wales) Act 1994.

(12)For the purposes of this section—

(a)references to a listing officer’s valuation list are references to the valuation list maintained by him under this Act;

(b)a new listing officer’s area is the area of the new billing authority for which he is appointed;

(c)the appropriate new listing officer, in relation to any information which relates to a dwelling is the new listing officer for the new billing authority in whose area the dwelling is situated; and

(d)information is relevant in relation to a new listing officer, or his area, if it relates to a dwelling which is in his area.

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Commencement Information

I14S. 36 wholly in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 6(1) (subject to art. 6(2)-(5))

Marginal Citations

37 Local non-domestic rating lists for Welsh billing authorities.E+W

After section 41 of the M22Local Government Finance Act 1988, insert—

41A Local non-domestic rating lists for Welsh billing authorities.

(1)Every new valuation officer shall, on 1st April 1996, compile a list (“the amalgamated list”) for the new billing authority for which he is appointed, based on the information provided for him under this section.

(2)The amalgamated list shall contain the information which was included in the local non-domestic rating lists compiled on 1st April 1995 for the old billing authorities (“the current lists”) so far as that information is relevant.

(3)The amalgamated list shall also include the information which was included in any current list by way of an alteration, so far as that information is relevant.

(4)A new valuation officer’s amalgamated list shall be treated, for the purposes of this Act, as the local non-domestic rating list for his new billing authority and shall be deemed to have come into force on 1st April 1995.

(5)Where an amalgamated list contains information which is derived from any alteration made to any list or lists from which it is derived, the amalgamated list shall be treated as having been varied on the date on which the alteration was made.

(6)Subsections (2) to (6B) of section 41 above shall not apply in relation to an amalgamated list.

(7)Every valuation officer shall—

(a)on or before 15th October 1995, provide the appropriate new valuation officer with the information recorded in his local non-domestic rating list as at 30th September 1995, so far as it is relevant; and

(b)on 31st March 1996, provide the appropriate new valuation officer with the information recorded in his local non-domestic rating list as at that date, so far as it is relevant.

(8)A new valuation officer receiving any information under subsection (7)(a) above shall send a copy of it to his new billing authority as soon as is reasonably practicable.

(9)As soon as is reasonably practicable after compiling an amalgamated list, a new valuation officer shall send a copy of it to his new billing authority.

(10)A new billing authority receiving a copy of an amalgamated list under subsection (9) above shall, as soon as is reasonably practicable, deposit it at its principal office.

(11)In this section—

  • old authority” has the same meaning as in the Local Government (Wales) Act 1994;

  • old billing authority” means a billing authority which is an old authority;

  • new billing authority” means a billing authority which is a new principal council;

  • new principal council” has the same meaning as in the Local Government (Wales) Act 1994;

  • valuation officer” means a valuation officer for an old billing authority; and

  • new valuation officer” means a valuation officer for a new billing authority.

(12)For the purposes of this section—

(a)references to a valuation officer’s local non-domestic rating list are references to the local non-domestic rating list maintained by him under this Act;

(b)a new valuation officer’s area is the area of the new billing authority for which he is appointed;

(c)the appropriate new valuation officer, in relation to any information which relates to any hereditament is the new valuation officer for the new billing authority in whose area the hereditament is situated; and

(d)information is relevant in relation to a new valuation officer, or his area, if it relates to a hereditament which is in his area.

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Commencement Information

I15S. 37 wholly in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 6(1) (subject to art. 6(2)-(5))

Marginal Citations

38 Council funds for new principal councils.E+W

(1)Each new principal council shall establish, and then maintain, a fund to be known as their council fund.

(2)Any sums received by a new principal council shall be paid into their council fund.

(3)All payments by a new principal council shall be made out of their council fund.

(4)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.

(5)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.

(6)Each new principal council shall keep accounts of sums paid into, and of payments made out of, their council fund.

(7)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.

(8)The Secretary of State may make regulations—

(a)requiring assets of a prescribed description which fall within a council fund to be held in a separate fund within the council fund;

(b)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.

(9)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 M23Local Government Finance Act 1992.

(10)The regulations may, in particular, include provision—

(a)that anything falling to be paid must be paid—

(i)within a prescribed period; and

(ii)in instalments of such amounts, and at such times, as are determined by the billing authority in accordance with prescribed rules;

(b)that the billing authority must inform any precepting authorities when instalments will be paid and how they are to be calculated;

(c)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;

(d)as to the circumstances in which the billing authority is to be treated as having discharged the liability mentioned in subsection (9);

(e)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).

(11)Schedule 12 makes minor and consequential amendments with respect to funds.

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Modifications etc. (not altering text)

C5S. 38: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I16S. 38 wholly in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 6(1) (subject to art. 6(2)-(5))

Marginal Citations

PART VE+W Residuary matters and staff

39 The Residuary Body for Wales or Corff Gweddilliol Cymru.E+W

(1)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).

(2)Schedule 13 shall have effect with respect to the Residuary Body.

40 The Staff Commission for Wales or Comisiwn Staff Cymru.E+W

(1)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).

(2)The Commission shall—

(a)advise the Secretary of State on the steps necessary to safeguard the interests of staff employed by—

(i)the old authorities;

(ii)the new principal councils; or

(iii)the Residuary Body;

(b)consider and keep under review—

(i)arrangements for the recruitment of the staff of any of those bodies; and

(ii)the organisation, management and remuneration of the staff of the new principal councils;

(c)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

(d)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.

(3)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—

(a)the supply of any information requested, and the implementation of any advice given, by the Commission; and

(b)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.

(4)Schedule 14 makes provision with respect to the constitution of the Commission and related matters.

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Modifications etc. (not altering text)

C6Ss. 40-45 applied (with modifications) (23.11.1995) by S.I. 1995/2803, art. 16 (with transitional provisions in Schs. 6-8)

over 15/08/1994

41 Continuity of employment in certain cases of voluntary transfer.E+W

(1)This section applies to a person (“the employee”) who at any time ceases to be employed by an old authority if—

(a)the termination of his employment is attributable to any provision made by or under this Act;

(b)he is subsequently employed by another person; and

(c)by virtue of section 84 of the M24Employment Protection (Consolidation) Act 1978 (renewal or re-engagement) that subsequent employment precludes his receiving any redundancy payment under Part VI of that Act with respect to his terminated employment.

(2)Schedule 13 to the Act of 1978 (computation of period of employment for the purposes of that Act) shall have effect as if it provided—

(a)for the period of the employee’s employment by the old authority to count as a period of employment with his new employer; and

(b)for the change of employer not to break the continuity of the period of his employment.

(3)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.

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Modifications etc. (not altering text)

C7Ss. 40-45 applied (with modifications) (23.11.1995) by S.I. 1995/2803, art. 16 (with transitional provisions in Schs. 6-8)

Marginal Citations

over 03/04/1995

42 Transfers of staff.E+W

(1)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.

(2)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.

(3)Such an order may specify as the new employer a new principal council or the Residuary Body.

(4)Without prejudice to subsection (2)—

(a)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

(b)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.

(5)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.

(6)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.

(7)In this section “abolished body” means an old authority or any joint board which ceases to exist as a result of section 59.

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Modifications etc. (not altering text)

C8Ss. 40-45 applied (with modifications) (23.11.1995) by S.I. 1995/2803, art. 16 (with transitional provisions in Schs. 6-8)

43 Compensation for loss of office or diminution of emoluments.E+W

(1)Where any person—

(a)is, at any time after the passing of this Act, in the service of an old authority, a new principal council or the Residuary Body, and

(b)suffers loss of employment or diminution of emoluments which is attributable to any provision made by or under this Act,

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 M25Superannuation Act 1972.

(2)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.

(3)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.

(4)No compensation shall be payable under regulations made under the M26Superannuation 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.

(5)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).

(6)For the purpose of determining under section 82(5) or (6) or 84(3) of the M27Employment Protection (Consolidation) Act 1978—

(a)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

(b)whether employment under the new contract is suitable in relation to that person,

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.

(7)Subject to subsection (6), nothing in this section shall be taken to affect any entitlement to a redundancy payment under Part VI of the Act of 1978 or to any payment by virtue of any provision of the M28Superannuation Act 1972 other than section 24 of that Act.

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Modifications etc. (not altering text)

C9Ss. 40-45 applied (with modifications) (23.11.1995) by S.I. 1995/2803, art. 16 (with transitional provisions in Schs. 6-8)

Marginal Citations

over 03/04/1995

44 Redundancy payments.E+W

(1)In determining the effect of any provision of—

(a)Part IV, V or VI of the Employment Protection (Consolidation) Act 1978, or

(b)Chapter II of Part IV of the M29Trade Union and Labour Relations (Consolidation) Act 1992,

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.

(2)For the purposes of this section—

(a)a person’s contract of employment is terminated as a result of this Act if—

(i)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

(ii)his contract of employment is not transferred to a new principal council or to the Residuary Body; and

(b)a contract of employment is transferred—

(i)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; or

(ii)to the Residuary Body, if it is so treated as continued in force with the Residuary Body on that date.

(3)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 101, 102, 108 and 119 of the Act of 1978 (ancillary provisions about redundancy payments).

(4)As respects any such redundancy payment, references to the relevant date in sections 81(4), 82(1) and 101 of the Act of 1978, and in Schedule 4 to that Act, shall be construed as references to 31st March 1996.

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Modifications etc. (not altering text)

C10Ss. 40-45 applied (with modifications) (23.11.1995) by S.I. 1995/2803, art. 16 (with transitional provisions in Schs. 6-8)

Marginal Citations

over 03/04/1995

45 Other compensation payments.E+W

(1)This section applies where any contract of employment made before 1st December 1993 is terminated as a result of this Act.

(2)Subsection (2) of section 44 applies for the purposes of this section as it applies for the purposes of that section.

(3)If the contract—

(a)provided for the employee’s employment for a fixed term extending beyond 31st March 1996, but

(b)did not provide for the earlier termination of the contract by the authority concerned,

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.

(4)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.

(5)In subsection (4) “compensation for loss of employment” does not include any payment to be made under the contract in lieu of notice.

(6)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 M30Employment Protection (Consolidation) Act 1978.

(7)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).

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Modifications etc. (not altering text)

C11S. 45 excluded (4.5.1995) by S.I. 1995/1039, reg. 3

C12Ss. 40-45 applied (with modifications) (23.11.1995) by S.I. 1995/2803, art. 16 (with transitional provisions in Schs. 6-8)

Marginal Citations

PART VIE+W Transitional Provisions

46 Committees of existing councils for consideration of certain matters.E+W

(1)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.

(2)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.

(3)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.

(4)A transition committee may co-opt additional persons to serve as members of the committee.

(5)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.

(6)The Secretary of State may give a direction requiring—

(a)a particular transition committee,

(b)every transition committee falling within a class specified in the direction, or

(c)every transition committee,

to consider any such matter as may be specified in the direction.

(7)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.

47 Old and new principal areas with the same name.E+W

(1)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.

(2)This section is subject to any provision to the contrary made by or under this Act.

48 Groups of communities.E+W

(1)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—

(a)dissolving the group; or

(b)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.

(2)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 M31People Act 1983, of a community council for any community which, as a result of the order, is no longer a member of the group.

(3)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.

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Marginal Citations

over 01/04/1996

49 Charities.E+W

(1)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.

(2)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.

(3)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.

(4)Where subsection (1) applies and the property in question is held for the benefit of—

(a)a specified area,

(b)the inhabitants of a specified area, or

(c)any particular class or body of persons in a specified area,

the appropriate council is the new principal council whose area comprises the whole, or the greater part, of the specified area.

(5)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.

(6)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.

(7)Nothing in this section—

(a)affects any power of Her Majesty, the court or any other person to alter the trusts of any charity; or

(b)applies in a case to which section 50 applies.

(8)In this section “charity”, “charitable purposes”, “charity trustees”, “court” and “trusts” have the same meaning as in the M32Charities Act 1993.

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Modifications etc. (not altering text)

C13S. 49 amended (1.4.1996) by S.I. 1996/183, art. 2

Marginal Citations

over 01/04/1996

50 Welsh Church funds.E+W

(1)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.

(2)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.

(3)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.

(4)The terms of any apportionment made for the purposes of subsection (3)—

(a)shall be agreed between the designated councils concerned, or

(b)if they fail to agree, shall be determined by arbitration before a single arbitrator appointed—

(i)by agreement between those councils, or

(ii)if they fail to agree, by the Secretary of State.

(5)The vesting or transfer of any property by virtue of this section shall not affect—

(a)the application of the property in accordance with the scheme which is applicable to it immediately before the commencement of this section, or

(b)the amendment or revocation of any scheme by a further scheme.

(6)In this section—

  • designated” means designated by order under subsection (1); and

  • scheme” means a scheme under section 19 of the M33Welsh Church Act 1914 (application of Welsh Church funds for charitable or eleemosynary purposes).

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Marginal Citations

over 03/04/1995

51 Control of disposals and contracts.E+W

(1)On and after the operative date no old authority may, without the appropriate consent—

(a)dispose of any land or building if the consideration for the disposal exceeds £100,000;

(b)enter into any contract, other than a capital contract, in respect of which the consideration exceeds £100,000 where—

(i)the period of the contract extends beyond 31st March 1996; or

(ii)under the terms of the contract, that period may be extended beyond that date; or

(c)enter into any capital contract in respect of which the consideration exceeds £1,000,000.

(2)In this section—

  • appropriate consent” means the written consent of the successor to the old authority or, where there is more than one successor, the written consent of each successor;

  • capital contract” means a contract in respect of which the consideration payable by the old authority concerned is expenditure for capital purposes;

  • expenditure for capital purposes” has the same meaning as it has for the purposes of Part IV of the M34Local 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

  • successor”, in relation to an old authority, means any new authority whose area includes the whole, or any part, of the area of the old authority.

(3)Any disposal made in contravention of this section shall be void.

(4)No contract entered into in contravention of this section shall be enforceable against a successor.

(5)Any consent for the purposes of this section may be given—

(a)in respect of a particular disposal or contract, or in respect of disposals or contracts of any class or description; and

(b)unconditionally or subject to conditions.

(6)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.

(7)The consent required by this section is in addition to any consent required by any of those provisions.

(8)In this section references to disposing of land include references to—

(a)granting or disposing of any interest in land;

(b)entering into a contract to dispose of land or to grant or dispose of any such interest; and

(c)granting an option to acquire any land or any such interest.

(9)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—

(a)with respect to any other disposal of land or any building effected by the old authority after 30th November 1993, or

(b)under any other contract entered into by the old authority after that date,

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.

(10)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.

(11)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.

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over 15/08/1994

52 Application of Part I of the Local Government Act 1988 during transitional period.E+W

(1)Sections 9 to 16 of the M35Local Government Act 1988 (accounts, reports and other information in relation to defined activities) shall apply in relation to work—

(a)carried out by a Welsh authority in the transitional period (whether or not before the passing of this Act), and

(b)falling within an exempt activity,

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.

(2)An activity is an exempt activity if—

(a)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

(b)it is treated, by an exempting order having effect in relation to a period beginning after that date, as not being a defined activity.

(3)In this section—

  • exempting order” means an order under section 2(9) of the Act of 1988 which specifies, as the period during which an activity is to be treated as not being a defined activity, a period ending on a date earlier than 1st April 1997;

  • transitional period”, in relation to an exempt activity, means the period specified in the exempting order; and

  • Welsh authority” means a county or district council, a new principal council or a combined fire authority for an area in Wales.

(4)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.

(5)Where sections 9 to 16 of the Act of 1988 apply by virtue of this section they shall be read with the following omissions—

(a)in section 9 (keeping of accounts), subsection (4), and the references to subsection (4) in subsections (5) and (6);

(b)in section 11 (reporting for financial year), subsections (2)(c) and (e);

(c)in section 12 (providing information), subsections (1) and (2); and

(d)in section 13 (serving of notices for purpose of getting information), paragraphs (a), (b) and (ba) of subsection (1).

(6)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.

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Modifications etc. (not altering text)

C14S. 52 applied (with modifications) (23.11.1995) by S.I. 1995/2803, art. 17, Sch. 4 (with transitional provisions in Schs. 6-8)

Marginal Citations

over 03/04/1995

53 Continuity of exercise of functions.E+W

(1)The abolition of the old authorities shall not affect the validity of anything done by any of those authorities before their abolition.

(2)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.

(3)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.

(4)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.

(5)Subsection (4) applies in particular to—

(a)any decision, determination, declaration, designation, agreement or instrument made by an old authority;

(b)any regulations or byelaws made by an old authority;

(c)any licence, permission, consent, approval, authorisation, exemption, dispensation or relaxation granted by or to an old authority;

(d)any notice, direction or certificate given by or to an old authority;

(e)any application, request, proposal or objection made by or to an old authority;

(f)any condition or requirement imposed by or on an old authority;

(g)any fee paid by or to an old authority;

(h)any appeal allowed by or in favour of or against an old authority;

(i)any proceedings instituted by or against an old authority.

(6)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.

(7)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.

(8)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.

(9)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.

(10)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.

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Modifications etc. (not altering text)

C15S. 53(4)-(7) applied (with modifications) (23.11.1995) by S.I. 1995/2803, art. 15(3) (with transitional provisions in Schs. 6-8)

54 Consequential and supplementary provision.E+W

(1)The Secretary of State may by order make such incidental, consequential, transitional or supplemental provision as he thinks necessary or expedient—

(a)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

(b)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.

(2)An order under subsection (1) may, in particular, make provision—

(a)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;

(b)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;

(c)for the transfer of property, rights or liabilities, and of related functions, from an abolished body or the Residuary Body to a new principal council or other public body or to the Residuary Body;

(d)for the management or custody of transferred property (whether real or personal);

(e)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;

(f)for making savings, or additional savings, from the effect of any repeal made by this Act;

(g)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—

(i)any authority affected by this Act; or

(ii)any group of bodies which includes such an authority;

(h)dissolving any body corporate established by any Act passed, or any instrument made, before 1st April 1996;

(i)with respect to the functions or jurisdiction of any public body or of—

(i)any coroner, lord-lieutenant, lieutenant or high sheriff; or

(ii)any other officers (including police officers) within the area of any local authority affected by any provision of or made under this Act,

and the costs and expenses of such public bodies and persons.

(3)In subsection (2)(c) “abolished body” means an old authority or any joint board which ceases to exist as a result of section 59.

(4)Any transfer made in accordance with any provision made by virtue of subsection (2)(c)—

(a)may be made subject to terms, including financial terms; and

(b)may impose new rights or liabilities in respect of the property transferred.

(5)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.

(6)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.

(7)No other provision of this Act shall be taken to restrict the powers conferred by this section.

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Modifications etc. (not altering text)

C16S. 54 amended (19.9.1995) by 1995 c. 25, ss. 64(8), 125(2) (with ss. 7(6), 115, 117)

C17S. 54(6): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

55 Magistrates’ courts, justices of the peace etc.E+W

(1)The Lord Chancellor may by order make, with respect to any matters mentioned in subsection (2), such incidental, consequential, transitional or supplemental provision as he thinks necessary or expedient in consequence of any of the provisions of this Act.

(2)The matters are—

(a)the functions or areas of jurisdiction of any justice of the peace, stipendiary magistrate, magistrates’ court or keeper of the rolls for a commission area (within the meaning of the Justices of the M36Peace Act 1979); and

(b)commission areas, petty sessions areas and areas to which magistrates’ courts committees relate.

(3)The Lord Chancellor may by order alter, in such manner as appears to him expedient in connection with the alteration in any local government area made by this Act, any of—

(a)the commission areas in Wales specified in section 1 of the Act of 1979,

(b)the areas in Wales which constitute petty sessions areas under section 4 of that Act, or

(c)the areas in Wales to which magistrates’ courts committees relate under section 19 of that Act.

(4)Any order under this section may, in particular—

(a)make provision with respect to the costs and expenses of any persons with respect to whom provision is made by the order;

(b)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.

(5)Subsections (5) and (7) of section 54 apply in relation to this section as they apply in relation to that section.

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Marginal Citations

over 03/04/1995

56 Transitional agreements as to property and finance.E+W

(1)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.

(2)In subsection (1) “public body” does not include an old authority but does include a new principal council.

(3)Any such agreement may provide—

(a)for the transfer or retention of any property, rights or liabilities, with or without conditions, and for the joint use of any property;

(b)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

(c)for the making of any such payment either by way of a capital sum or of a terminable annuity.

(4)In default of agreement as to any disputed matter, the matter shall be referred to the arbitration of a single arbitrator—

(a)agreed on by the parties; or

(b)in default of agreement, appointed by the Secretary of State.

(5)The award of the arbitrator may make any provision which may be included in an agreement under this section.

(6)In subsection (4) “disputed matter” means any matter—

(a)which might be dealt with in an agreement under this section;

(b)which is the subject of an unresolved dispute between two or more public bodies; and

(c)for the resolution of which no provision is otherwise made.

over 03/04/1995

57 Local Acts and instruments.E+W

(1)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.

(2)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.

(3)Subsection (1) has effect subject to the provisions of—

(a)this Act;

(b)any Act passed after this Act but before 1st April 1996; and

(c)any order made under section 54 or 55 or this section.

(4)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—

(a)the authority by whom those functions are exercisable on and after that date; or

(b)(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.

(5)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.

(6)Subsections (4) and (5) have effect subject to any provision to the contrary made by, or by any instrument made under, this Act.

(7)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.

(8)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.

(9)In this section “local statutory provision” means a provision of—

(a)a local Act (including an Act confirming a provisional order);

(b)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;

(c)an instrument made under any such local or public general Act; or

(d)an instrument in the nature of a local enactment made under any other Act.

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Modifications etc. (not altering text)

C18S.57(7): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

over 03/04/1995

58 Modification etc. of local Acts and instruments.E+W

(1)This section applies where any local statutory provision (“the relevant provision”) is—

(a)continued in force in any area by section 57, or

(b)amended or modified in its application to any area by an order under section 54 or 55 (a “modifying order”).

(2)The Secretary of State may by order or (as the case may be) the modifying order may—

(a)extend the relevant provision throughout the new principal area in which it is continued in force;

(b)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;

(c)make such modifications of any such enactment as will secure that the enactment and the relevant provision will operate harmoniously in that area;

(d)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;

(e)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;

(f)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.

(3)An order under this section which extends the area for which any local statutory provision is in force shall be provisional only.

(4)In this section “the Minister” means—

(a)in relation to an order made by the Secretary of State under subsection (2), the Secretary of State; and

(b)in relation to a modifying order containing provision made by virtue of subsection (2) of this section, the Minister making that order.

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Modifications etc. (not altering text)

C19S. 58: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

over 03/04/1995

59 Existing joint boards and committees and port health districts.E+W

(1)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).

(2)In subsection (1)—

  • joint board” means a joint board every constituent member of which is a local authority in Wales; and

  • area” does not include a port health district.

(3)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.

(4)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.

(5)In a case to which subsection (3) applies—

(a)the functions of the board shall on 1st April 1996 become functions of the new principal council; and

(b)the joint board shall cease to exist on that date.

(6)This subsection applies where—

(a)a port health district was constituted by an order under any enactment relating to public health; and

(b)a local authority or joint board, every constituent member of which is a local authority, is the port health authority for that district.

(7)Where subsection (6) applies, the district shall continue to exist as a port health district on and after 1st April 1996.

(8)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)—

(a)that authority shall, on that date, become the port health authority for that district; and

(b)any existing joint board constituted for that district shall cease to exist.

(9)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—

(a)the existing port health authority, if that authority is a joint board; and

(b)the new principal council whose area comprises or abuts on the greater part of the district, in any other case.

(10)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.

(11)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.

(12)A joint committee to which subsection (11) applies—

(a)shall continue to exist on and after 1st April 1996 as if duly appointed by or in connection with those new principal councils; and

(b)shall exercise those functions for the area for which the committee exercised them before that date.

(13)Nothing in subsection (12) is to be taken as preventing new principal councils from making different arrangements for the discharge of functions.

(14)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.

(15)Subsections (1) and (3) do not apply to a joint planning board for a National Park in Wales.

(16)The following provisions shall have effect for the construction of references to a local statutory provision to which section 57 applies—

(a)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;

(b)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

(c)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.

(17)In this section “existing” means existing immediately before 1st April 1996.

(18)This section has effect subject to any provision made by or under this Act.

PART VIIE+W+S+N.I. Miscellaneous and Supplemental

over 03/04/1995

60 Records.E+W

(1)Each new principal council shall make and maintain a scheme setting out their arrangements for the proper care, preservation and management of their records.

(2)Each scheme shall include details of any relevant shared arrangements which the council concerned have made.

(3)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.

(4)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.

(5)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—

(a)to inspect those records at all reasonable times (without payment of any fee); and

(b)to take copies of any of them, in such manner as carries no risk of damage.

(6)The right conferred by subsection (5) is subject to any shared arrangements which affect the records concerned.

(7)In this section—

  • documents” includes records, of whatever form and in whatever medium, which convey or are capable of conveying information;

  • records”, in relation to a council, means any documents which—

    (a)

    belong to the council or of which they have custody; and

    (b)

    have been retained for reference and research purposes or because of their likely historical interest; and

  • shared arrangements”, in relation to a council, means any arrangements which the council have made with any other authority under section 25 of this Act or section 101 of the 1972 Act (arrangements for the discharge of functions by other local authorities).

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Modifications etc. (not altering text)

C20S. 60(4): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I17S. 60 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 9(1), Sch. 5 (subject to art. 9(2)-(5))

over 01/04/1996

61 Lieutenancies.E+W

(1)In section 130 of the M37Reserve Forces Act 1980 (lieutenancies in England and Wales), at the end add—

(4)In this section and in sections 133 to 137 below “county” means, in relation to Wales, a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994).

(2)Her Majesty may by Order in Council make such amendments in section 130 of the Act of 1980, 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.

(3)Any such Order may make such incidental, consequential, transitional or supplemental provision (including provision amending the Act of 1980 or any other enactment) as appears to Her Majesty to be necessary or expedient.

(4)In section 94 of the Act of 1980 (procedure for enlistment), at the end add—

(4)In subsection (2) above “county” means, in relation to Wales, a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994).

(5)In section 133 of the Act of 1980 (deputy lieutenants), at the end add—

(6)In relation to Wales, subsection (5) above shall have effect as if the words from “(at” to “rate)” were omitted.

(6)In Schedule 7 to the Act of 1980 (provision of schemes for the constitution of associations), in paragraph 8(5), after the definition of “air force member” insert—

  • county” means, in relation to Wales, a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994);.

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Marginal Citations

over 01/04/1996

62 Sheriffs.E+W

(1)In section 3 of the M38Sheriffs Act 1887 (annual appointment of sheriff) at the end add—

(4)In this Act “county”, in relation to Wales, means a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994).

(2)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.

(3)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.

(4)In section 6 of the Act of 1887 (nomination and appointment of sheriffs), after subsection (3) insert—

(3A)In relation to Wales—

(a)subsection (3) above shall apply as if it required the duplicate warrant to be transferred to, and enrolled and kept by, the proper officer of the appropriate county or county borough council; and

(b)section 3(4) above shall not apply.

(3B)Any question as to which is the appropriate county or county borough council in relation to a particular warrant shall be determined by the Secretary of State.

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Marginal Citations

63 Regulations, orders and directions.E+W

(1)Any power to make regulations or orders conferred on the Secretary of State or the Lord Chancellor by this Act shall be exercisable by statutory instrument.

(2)Any such instrument, other than one made under a provision mentioned in subsection (4), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)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.

(4)The provisions mentioned in subsection (2) are—

(a)sections 17(6), 34, 39(1), 49(6), 53(9) and 66(3);

(b)paragraph 18 of Schedule 5;

(c)paragraph 1(3) of Schedule 13; and

(d)paragraphs 12 and 18 of Schedule 17.

(5)Any regulations or order made under this Act may—

(a)make such supplemental, incidental, consequential or transitional or saving provision as the Secretary of State or (as the case may be) the Lord Chancellor considers appropriate; and

(b)make different provision for different cases or classes of case or for different localities.

(6)Any power of the Secretary of State to give a direction under this Act shall—

(a)include power to make different provision for different cases, including different provision for different localities and for different bodies; and

(b)shall be exercised in writing.

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Subordinate Legislation Made

P1S. 63(5) power partly exercised: 25.10.1994 appointed for specified provisions by S.I. 1994/2790, art. 2(1), Sch. (subject to art. 2(2)(3))

S. 63(5) power partly exercised: 20.3.1995 appointed for specified provisions by S.I. 1995/546, art. 3, Sch. (subject to arts. 4-8 (as amended by S.I. 1995/851))

S. 63(5) power partly exercised: 3.4.1995 appointed for specified provisions by S.I. 1995/852, arts. 3(1), 4(1), 5, 6(1), 7, 8, 9, Schs. 1-5 (subject to arts. 3(2)-(3), 4(2)-(6), 6(2)-(5), 9(2)-(5))

S. 63(5) power partly exercised: 1.10.1995 appointed for specified provisions by S.I. 1995/2490, arts. 3(1), 4(1), 5(1), Schs. 1-3 (subject to arts. 3(2)-(4), 4(2)(3), 5(2)-(6))

S. 63(5) power partly exercised: 1.1.1996 and 1.4.1996 appointed for specified provisions by S.I. 1995/3198, arts. 3-6(1)(3), Schs. 1-5 (subject to art. 6(2))

64 Interpretation.E+W

(1)In this Act—

  • the 1972 Act” means the M39Local Government Act 1972;

  • the Commission” means the Staff Commission for Wales or Comisiwn Staff Cymru;

  • decentralisation scheme” has the meaning given in section 27;

  • 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;

  • old authority” means an authority which ceases to exist as a result of this Act;

  • the planning Act” means the M40Town and Country Planning Act 1990;

  • prescribed” means prescribed by an order or by regulations made by the Secretary of State;

  • preserved county” means any county created by the 1972 Act as a county in Wales, as that county stood immediately before the passing of this Act but subject to any provision of this Act, or made under the 1972 Act, redrawing its boundaries;

  • the Residuary Body” means the Residuary Body for Wales or Corff Gweddilliol Cymru.

(2)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.

(3)Subject to the provisions of this section, this Act and the 1972 Act shall be construed as one.

(4)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.

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Marginal Citations

over 15/08/1994

65 Expenses.E+W

(1)There shall be defrayed out of money provided by Parliament—

(a)any expenses incurred by any Minister of the Crown under this Act; and

(b)any increase attributable to the provisions of this Act in the sums payable out of money so provided under any other enactment.

(2)Any sums received by the Secretary of State under a provision of this Act shall be paid into the Consolidated Fund.

66 Short title, commencement, extent etc.E+W

(1)This Act may be cited as the Local Government (Wales) Act 1994.

(2)The following provisions of this Act—

(a)sections 1(1), (2) and (7), 3, 6, 7, 39, 40, 43, 46, 47, 48, 54, 55, 63 and 64,

(b)Schedules 1, 3, 13 and 14 and paragraphs 1, 4, 6 and 9 of Schedule 17, and

(c)subsections (1) to (4) and (9) of this section,

shall come into force on the passing of this Act.

(3)The other provisions of this Act shall come into force on such day as the Secretary of State may by order appoint.

(4)Different days may be appointed by an order under subsection (3) for different purposes and different provisions.

(5)Schedule 15 makes minor and consequential amendments of the 1972 Act.

(6)Schedule 16 makes certain miscellaneous consequential amendments.

(7)Schedule 17 contains transitional provisions and savings.

(8)The repeals set out in Schedule 18, which include repeals of certain enactments which are spent, shall have effect.

(9)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.

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Subordinate Legislation Made

P2S. 66(3) power partly exercised: 15.8.1994 appointed for specified provisions by S.I. 1994/2109, art. 2

S. 66(3) power partly exercised: 24.10.1994 appointed for specified provisions by S.I. 1994/2790, art. 2(1), Sch. (subject to art. 2(2)(3))

S. 66(3) power partly exercised: 20.3.1995 appointed for specified provisions by S.I. 1995/546, art. 3, Sch. (subject to arts. 4-8 (as amended by S.I. 1995/851))

S. 66(3) power partly exercised: 3.4.1995 appointed for specified provisions by S.I. 1995/852, arts. 3(1), 4(1), 5, 6(1), 7, 8, 9(1), Schs. 1-5 (subject to arts. 3(2)(3), 4(2)-(6), 6(2)-(5), 9(2)-(5))

S. 66(3) power partly exercised: 1.10.1995 appointed for specified provisions by S.I. 1995/2490, arts. 3(1), 4(1), 5(1), Schs. 1-3 (subject to arts. 3(2)-(4), 4(2)(3), 5(2)-(6))

S. 66(3) power partly exercised: 1.1.1996 and 1.4.1996 appointed for specified provisions by S.I. 1995/3198, arts. 3-6(1)(3), Schs. 1-5 (subject to art. 6(2))

S. 66(3) power partly exercised: 1.4.1996 appointed for specified provisions by S.I. 1996/396, arts. 3, 4, Schs. 1, 2

Commencement Information

I18S. 66 partly in force: s. 66(1)-(4)(9) in force at 5.7.1994 see s. 66(2); s. 66(5)(8) in force for certain purposes at 24.10.1995 by S.I. 1994/2790, art. 2(1), Sch. (subject to art. 2(2)(3)); s. 66(5)-(8) in force for certain purposes at 20.3.1995 by S.I. 1995/546, art. 3, Sch. (subject to arts. 4-8 (as amended by S.I. 1995/851)); s. 66(5)-(8) in force for certain purposes at 3.4.1995 by S.I. 1995/852, art. 9(1), Sch. 5 (subject to art. 9(2)-(5)); s. 66(5)(6)(8) in force for certain purposes at 1.10.1995 by S.I. 1995/2490, art. 5(1), Sch. 3 (subject to art. 5(2)-(6)); s. 66(6) in force for certain purposes at 1.1.1996 and s. 66(7)(8) in force at 1.4.1996 for certain purposes by S.I. 1995/3198, art. 6(1)(3), Schs. 4, 5 (subject to art. 6(2)); s. 66(5)-(8) in force at 1.4.1996 for certain purposes by S.I. 1996/396, art. 4, Sch. 2

SCHEDULES

Section 1(2).

SCHEDULE 1E+W+S+N.I. The New Principal Areas

CountiesE+W+S+N.I.

1For Part I of Schedule 4 to the 1972 Act substitute—E+W+S+N.I.

PART IE+W+S+N.I. Counties

NameArea
Anglesey Sir FônThe district of Ynys Môn Isle of Anglesey.
Caernarfonshire and Merionethshire Sir Gaernarfon a MeirionnyddThe districts of Arfon, Dwyfor, and Meirionnydd.
Cardiff CaerdyddThe district of Cardiff, together with (from the district of Taff-Ely) the community of Pentyrch.
Cardiganshire Sir AberteifiThe district of Ceredigion.
Carmarthenshire Sir GaerfyrddinThe districts of Carmarthen, Llanelli and Dinefwr.
Denbighshire Sir DdinbychThe district of Rhuddlan, together with (from the district of Glyndwjr) the communities of Aberwheeler, Cynwyd, Llandrillo, Henllan, Denbigh, Llandyrnog, Llangynhafal, Llanynys, Llanrhaeadr-yng-Nghinmeirch, Nantglyn, Cyffylliog, Ruthin, Llanbedr Dyffryn Clwyd, Llanferres, Clocaenog, Efenechtyd, Llandegla, Llanfair Dyffryn Clwyd, Llanarmon-yn-Iajl, Llanelidan, Derwen, Betws Gwerfil Goch, Gwyddelwern, Bryneglwys, Corwen, Llantysilio, Llangollen and Llangollen Rural with (from the district of Colwyn) the communities of Trefnant and Cefnmeiriadog.
Flintshire Sir y FflintThe districts of Alyn and Deeside and Delyn.
Monmouthshire Sir FynwyThe district of Monmouth together with (from the district of Blaenau Gwent) the community of Llanelly.
Pembrokeshire Sir BenfroThe districts of Preseli Pembrokeshire and South Pembrokeshire, together with Caldey Island and St Margaret’s Island.
Powys PowysThe districts of Montgomeryshire, Radnorshire and Brecknock, together with (from the district of Glyndwjr) the communities of Llanrhaeadr-ym-Mochnant, Llansilin and Llangedwyn.
Swansea AbertaweThe district of Swansea, together with (from the district of Lliw Valley) the communities of Gowerton, Llwchwr, Gorseinon, Grovesend, Pontardulais, Mawr, Pont-Lliw, Penllergaer, Llangyfelach and Clydach.

County boroughsE+W+S+N.I.

2For Part II of Schedule 4 to the 1972 Act substitute—E+W+S+N.I.

PART IIE+W+S+N.I. County Boroughs

NameArea
Aberconwy and Colwyn Aberconwy a CholwynThe districts of Aberconwy and Colwyn, but excluding (from the district of Colwyn) the communities of Cefnmeiriadog and Trefnant.
Blaenau Gwent Blaenau GwentThe district of Blaenau Gwent (excluding the community of Llanelly).
Bridgend Pen-y-bont ar OgwrThe district of Ogwr, but excluding the communities of Wick, St Bride’s Major and Ewenny.
Caerphilly CaerffiliThe districts of Islwyn and Rhymney Valley.
Merthyr Tydfil Merthyr TudfulThe district of Merthyr Tydfil.
Neath and Port Talbot Castell-nedd a Phort TalbotThe districts of Neath and Port Talbot, together with (from the district of Lliw Valley) the communities of Pontardawe, Gwaun-Cae-Gurwen, Cwmllynfell, Ystalyfera and Cilybebyll.
Newport CasnewyddThe district of Newport.
Rhondda, Cynon, Taff Rhondda, Cynon, TafThe districts of Rhondda, Cynon Valley, and Taff-Ely, but excluding (from the district of Taff-Ely) the community of Pentyrch.
Torfaen Tor-faenThe district of Torfaen.
The Vale of Glamorgan Bro MorgannwgThe district of Vale of Glamorgan, together with (from the district of Ogwr) the communities of Wick, St Bride’s Major and Ewenny.
Wrexham WrecsamThe district of Wrexham Maelor, together with (from the district of Glyndwjr) the communities of Chirk, Glyntraian, Llansantffraid Glyn Ceiriog, and Ceiriog Ucha.

The preserved countiesE+W+S+N.I.

3For Part III of Schedule 4 to the 1972 Act substitute—E+W+S+N.I.

PART IIIE+W+S+N.I. The Preserved Counties And Their Areas

NameArea
ClwydThe county of Clwyd, but excluding the communities of Llanrhaeadr-ym-Mochnant, Llansilin and Llangedwyn.
DyfedThe county of Dyfed.
GwentThe county of Gwent.
GwyneddThe county of Gwynedd.
Mid Glamorgan Morgannwg GanolThe county of Mid Glamorgan, but excluding the communities of Wick, St Bride’s Major, Ewenny and Pentyrch.
PowysThe county of Powys with the addition of the communities of Llanrhaeadr-ym-Mochnant, Llansilin and Llangedwyn from the county of Clwyd.
South Glamorgan De MorgannwgThe county of South Glamorgan with the addition of the communities of Wick, St Bride’s Major, Ewenny and Pentyrch from the county of Mid Glamorgan.
West Glamorgan Gorllewin Morgannwg.The county of West Glamorgan.

over 24/10/1994

Section 1(3).

SCHEDULE 2E+W+S+N.I. Provisions Applying to Preserved Counties

over 01/04/1996

The Defence Act 1842 (c. 94)E+W

1The 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—E+W

(2)In this section and in sections 23 and 24 “county” means, in relation to Wales, a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994).

over 01/04/1996

The Licensing Act 1964 (c. 26)E+W

2(1)In sections 85 (parties organised for gain) and 188 (closing of licensed premises in case of riot) of the Licensing Act 1964, in each case at the end add—

(4)In subsection (1) above “county”, in relation to Wales, means a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994).

(2)In section 193 of that Act (disqualification of justices), at the end add—

(9)In subsections (1) and (2) above “county”, in relation to Wales, means a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994).

over 01/04/1996

The Sea Fisheries (Shellfish) Act 1967 (c. 83)E+W+S

3The 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—E+W+S

(2)In the application of this section in relation to Wales, the reference to a county in subsection (1) of this section includes a reference to a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994).

The Local Government Act 1972 (c. 70)E+W

4In section 54 of the 1972 Act (proposals for changes in local government areas in Wales), after subsection (1) insert—E+W

(1A)The Welsh Commission may, in consequence of a review conducted by them under this Part of this Act make proposals to the Secretary of State for effecting changes in the area of a preserved county which appear to the Commission to be desirable having regard, in particular, to the purposes for which the preserved counties are retained.

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Commencement Information

I19Sch. 2 para. 4 wholly in force at 24.10.1994, see s. 66 and S.I. 1994/2790, art. 2(1), Sch. (subject to art. 2(2)(3))

5For section 56(1) of the 1972 Act (power of Secretary of State to direct holding of reviews), substitute—E+W

(1)The Secretary of State may direct the Welsh Commission to conduct a review of—

(a)Wales as a whole,

(b)any one or more local government areas or parts of such areas in Wales, or

(c)any one or more preserved counties or parts of such counties,

for the purpose of considering whether or not to make such proposals in relation to the area reviewed as are authorised by section 54 above and what proposals, if any, to make; and the Commission shall, if they think fit, formulate such proposals accordingly.

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Commencement Information

I20Sch. 2 para. 5 wholly in force at 24.10.1994, see s. 66 and S.I. 1994/2790, art. 2(1), Sch. (subject to art. 2(2)(3))

over 01/04/1996

6At the end of section 219 of the 1972 Act (sheriffs and under-sheriffs), after subsection (8) add—E+W

(9)In subsections (1) and (5) above “county”, in relation to Wales, means a preserved county.

over 01/04/1996

7At the end of section 224 of the 1972 Act (arrangements by principal councils for custody of documents) add—E+W

(3)In subsection (1) above “county”, in relation to Wales, means a preserved county.

over 03/04/1995

8For section 269 of the 1972 Act (meaning of “England” and “Wales”) substitute—E+W

269 Meaning of “England” and “Wales”.

In this Act “Wales” means the combined area of the preserved counties and “England” does not include any area which is included in any of the preserved counties.

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Commencement Information

I21Sch. 2 para. 8 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 3(1), Sch. 1 (subject to art. 3(2)(3))

over 03/04/1995

The Interpretation Act 1978 (c. 30)E+W+S+N.I.

9In Schedule 1 to the Interpretation Act 1978 (words and expressions defined) for the definition of “Wales” substitute—E+W+S+N.I.

  • Wales” means the combined area of the counties which were created by section 20 of the M41Local Government Act 1972, as originally enacted, but subject to any alteration made under section 73 of that Act (consequential alteration of boundary following alteration of watercourse).

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Commencement Information

I22Sch. 2 para. 9 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 3(1), Sch. 1 (subject to art. 3(2)(3))

Marginal Citations

over 01/04/1996

The Justices of the Peace Act 1979 (c. 55)E+W

10(1)In section 1 of the Justices of the Peace Act 1979 (commission areas), in paragraph (a), after “county” insert “ in England ” and after that paragraph insert—

(aa)every preserved county in Wales;.

(2)In section 4 of that Act (petty sessions areas), after subsection (1) insert—

(1A)In subsection (1) above, any reference to a non-metropolitan county is to be construed, in relation to Wales, as a reference to a preserved county.

(3)In section 19 of that Act (general provisions as to magistrates’ courts committees), in subsection (2), in paragraph (a), after “county” insert “ in England ”, and after paragraph (b) insert—

(bb)every preserved county in Wales;.

(4)In section 70 of that Act (interpretation), after the definition of “prescribed” insert—

  • preserved county” has the meaning given by section 64 of the Local Government (Wales) Act 1994;.

over 01/04/1996

The Magistrates’ Courts Act 1980 (c. 43)E+W

11(1)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 ”.E+W

(2)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 ”.

(3)In section 3 of that Act (offences committed on boundaries etc.), in subsection (4) after “county” insert “ in England, any preserved county in Wales ”.

(4)In section 150(1) of that Act (interpretation), after the definition of “prescribed” insert—

  • preserved county” has the meaning given by section 64 of the Local Government (Wales) Act 1994;.

over 01/04/1996

The Representation of the People Act 1983 (c. 2)E+W+S+N.I.

12(1)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—E+W+S+N.I.

(2)In subsection (1) above “county”, in relation to Wales, means a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994).

(2)In Schedule 1 to that Act (parliamentary election rules), in the Appendix, in the entry relating to the form of the certificate to be endorsed on the writ, insert the following—

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).

over 01/10/1995

The Parliamentary Constituencies Act 1986 (c. 56)E+W+S+N.I.

13In paragraph 4 of Schedule 2 to the Parliamentary Constituencies Act 1986 (rules for redistributing seats), after sub-paragraph (1) insert—E+W+S+N.I.

(1A)In sub-paragraph (1)(a) above “county” means, in relation to Wales, a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994).

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Commencement Information

I23Sch. 2 para. 13 wholly in force at 1.10.1995, see s. 66 and S.I. 1995/2490, art. 3(1), Sch. 1 (subject to art. 3(2)-(4))

Section 3.

SCHEDULE 3E+W+S+N.I. Establishment of New Principal Councils

The following is substituted for Schedule 5 to the 1972 Act—

Schedule 5E+W+S+N.I. Establishment of New Principal Councils

Election of councillorsE+W+S+N.I.

1The elections of councillors of the new principal councils which are to be held in 1995 shall be held on a date fixed by the Secretary of State by order.

Electoral divisionsE+W+S+N.I.

2(1)For the purpose of any election of such councillors, each principal area shall be divided into electoral divisions specified in an order made by the Secretary of State after carrying out (either before or after the passing of the Local Government (Wales) Act 1994) such consultations as he thinks appropriate.

(2)An order under this paragraph for any area shall specify the number of councillors to be returned for each electoral division.

(3)There shall be a separate election of councillors for each electoral division.

(4)An order under this paragraph may contain such incidental, consequential, transitional or supplemental provision as the Secretary of State considers appropriate.

First elections of new councilsE+W+S+N.I.

3(1)At the first elections of councillors for each new principal area, the returning officer shall be an officer of the council appointed by such county council or district council as the Secretary of State may by order designate and not a person appointed under section 35 of the Representation of the M42People Act 1983.

(2)Section 36(4) of the Act of 1983 shall not apply to any such election.

(3)All expenditure properly incurred by a returning officer or other officer in relation to the holding of the first elections of councillors for a new principal area shall be paid in the first instance by the council by whom the returning officer was appointed and shall be defrayed by the district councils in the area—

(a)in such proportions as may be agreed between them; or

(b)in default of such agreement, as may be determined by the Secretary of State.

(4)In relation to the first elections of councillors for a new principal area, “the appropriate officer”, in Parts II and III of the Representation of the People Act 1983, does not have the meaning given by section 67(7) of that Act but means the returning officer appointed under this paragraph.

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Marginal Citations

Declarations of acceptance of officeE+W+S+N.I.

4(1)For the purpose of taking and receiving delivery of declarations of acceptance of the office of councillor of any new principal council before the first meeting of that council, the head of paid service of an authority designated by the appropriate transition committee—

(a)shall be deemed to be and shall act as the proper officer of the new council; and

(b)shall transfer any such declaration which has been delivered to him to the custody of the proper officer of the new council on the appointment of the latter.

(2)In this Schedule “head of paid service”, in relation to an authority, means the officer of that authority who is designated under section 4 of the M43Local Government and Housing Act 1989.

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Marginal Citations

First meetings of new principal councilsE+W+S+N.I.

5(1)The first meeting of each new principal council shall be held within 21 days immediately following the day of election and shall be treated as the annual meeting of the council for 1995.

(2)The meeting shall be convened by the head of paid service of an authority designated by the appropriate transition committee and shall be held at such place as he may appoint.

(3)The notice of the meeting required by paragraph 4(2) of Schedule 12 to this Act shall be published at the place where the meeting is to be held and the summons to attend the meeting shall be signed by the person convening it.

6(1)Until the completion of the election of a chairman at the first meeting of a new principal council, persons designated by the appropriate transition committee shall exercise any functions falling to be exercised by the chairman and vice-chairman of the council.

(2)Any person so designated shall not vote in the first instance at the election of the chairman unless he is a councillor for the new area.

(3)At the first meeting of a new principal council the head of paid service of an authority so designated shall exercise any functions falling to be exercised by the proper officer of the new council in relation to the meeting.

(4)The standing orders for the regulation of the proceedings and business of an authority so designated shall apply at the first meeting of a new principal council.

7If he is requested to do so, the Secretary of State may himself exercise a committee’s power of designation for the purposes of any provision of paragraph 4, 5 or 6 above on the ground that the committee is unlikely to exercise the power in time for that provision to operate.

Qualification for membershipE+W+S+N.I.

8For the purposes of section 79 above, in its application to a candidate for membership of a new principal council, the new principal areas shall be treated as having been established not less than 12 months before the day of his nomination as such a candidate or, in relation to an election not preceded by the nomination of candidates, before the day of election.

Suspension of electionsE+W+S+N.I.

9(1)In this paragraph “council” means a county or district council which ceases to exist on 1st April 1996 by virtue of the Local Government (Wales) Act 1994.

(2)No election of councillors of a council shall be held after 31st December 1994, except—

(a)to fill a casual vacancy in the office of councillor of that council where before 31st December 1994—

(i)the office has been declared to be vacant; or

(ii)notice of the vacancy has been given under section 89(1) of this Act; or

(b)where the number of casual vacancies in the office of councillor of a council occurring after 31st December 1994 exceeds half of the total number of such offices.

(3)Any such councillor holding office immediately before 31st December 1994, or elected after that date to fill a casual vacancy, shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 1st April 1996.

(4)It shall not be necessary—

(a)to fill any casual vacancy in the office of councillor of a council occurring after 31st December 1994; and accordingly section 89 of this Act shall have effect with the necessary modifications in relation to any such vacancy; or

(b)to fill any casual vacancy occurring during March 1996 in the office of chairman or vice-chairman of a council.

Appropriate transition committeeE+W+S+N.I.

10In this Schedule, “appropriate transition committee” means the committee established under section 46 of the Local Government (Wales) Act 1994 in relation to the new principal council in question.

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Marginal Citations

over 01/04/1996

Section 18(7).

SCHEDULE 4E+W Exercise of Planning Functions in Wales

After Schedule 1 to the planning Act insert the following Schedule—

SCHEDULE 1AE+W Distribution of Local Planning Authority Functions: Wales

1(1)Where a local planning authority are not the local highway authority, the Secretary of State may include in a development order such provisions as he thinks fit enabling the local highway authority to impose restrictions on the grant by the local planning authority of planning permission for the following descriptions of development relating to land in the area of the local highway authority—

(a)the formation, laying out or alteration of any means of access to—

(i)a road classified under section 12(3) of the M44Highways Act 1980 or section 27 of the M45Local Government Act 1966; or

(ii)a proposed road the route of which has been adopted by resolution of the local highway authority and notified as such to the local planning authority;

(b)any other operations or use of land which appear to the local highway authority to be likely to—

(i)result in a material increase in the volume of traffic entering or leaving such a classified or proposed road;

(ii)prejudice the improvement or construction of such a road; or

(iii)result in a material change in the character of traffic entering, leaving or using such a road.

(2)The reference to a local planning authority in sub-paragraph (1) shall not be construed as including a reference to an urban development corporation who are the local planning authority by virtue of an order under section 149 of the M46Local Government, Planning and Land Act 1980, and no provision of a development order which is included in it by virtue of that sub-paragraph is to be construed as applying to such a corporation.

(3)The Secretary of State may include in a development order provision enabling a local highway authority to impose restrictions on the grant by an urban development corporation who are the local planning authority of planning permission for such descriptions of development as may be specified in the order.

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Marginal Citations

2(1)A local planning authority who have the function of determining applications for planning permission shall, if requested to do so by the council for any community or group of communities situated in their area, notify that council of—

(a)any relevant planning application; and

(b)any alteration to that application accepted by the authority.

(2)In sub-paragraph (1) “relevant planning application” means an application which—

(a)relates to land in the community or (as the case may be) one of the communities concerned; and

(b)is an application for—

(i)planning permission; or

(ii)approval of a matter reserved under an outline planning permission within the meaning of section 92.

(3)Any request made for the purposes of sub-paragraph (1) shall be in writing and shall state that the community council wishes to be notified of all relevant applications or all applications of a description specified in the request.

(4)An authority shall comply with the duty to notify a community council of an application by—

(a)sending the council a copy of the application; or

(b)indicating to the council the nature of the development which is the subject of the application and identifying the land to which it relates,

and any notification falling within paragraph (b) shall be in writing.

(5)An authority shall comply with their duty to notify a community council of an alteration by—

(a)sending a copy of the alteration to the council; or

(b)informing the council in writing of its general effect,

but they need not notify a community council of an alteration which in their opinion is trivial.

(6)A development order may require a local planning authority who are dealing with an application of which a community council is entitled to be notified—

(a)to give to the council an opportunity to make representations to them as to the manner in which the application should be determined;

(b)to take into account any such representations;

(c)to notify the council of the terms of their decision or, where the application is referred to the Secretary of State, the date when it was so referred and, when notified to them, the terms of his decision.

3Paragraphs 4 to 10 apply only in relation to any area for which, by virtue of any provision of or made under section 6, 7 or 8, there is more than one local planning authority.

4In sections 178(1), 181(4)(b) and 190(2), (3) and (5) any reference to the local planning authority shall be construed as a reference to the authority who issued the notice or made the order in question or, in the case of a notice issued or an order made by the Secretary of State, the authority named in the notice or order.

5The functions of a local planning authority under section 187B are exercisable by any body having the function of taking enforcement action in respect of the breach in question.

6Where a local planning authority have made a tree preservation order under section 198 or the Secretary of State has made such an order by virtue of section 202, the powers of varying or revoking the order and the powers of dispensing with section 206 or serving, or appearing on an appeal relating to, a notice under section 207 shall be exercisable only by the authority who made the order or, in the case of an order made by the Secretary of State, the authority named in the order.

7(1)The copy of the notice required to be served by paragraph 4(5) of Schedule 8 on a local planning authority shall, in the case of a proposal that a government department should give a direction under section 90(1) or that development should be carried out by or on behalf of a government department, be served on the local planning authority who, in the opinion of the Secretary of State, would have been responsible for dealing with an application for planning permission for the development in question if such an application had fallen to be made.

(2)References in paragraphs 3(2) and 5(1) of that Schedule to the local planning authority shall be construed as references to the local planning authority on whom that copy is required to be served.

CompensationE+W

8(1)Claims for payment of compensation under section 107 (including that section as applied by section 108) and sections 115(1) to (4) and 186 shall, subject to sub-paragraph (3), be made to and paid by the local planning authority who took the action by virtue of which the claim arose or, where that action was taken by the Secretary of State, the local planning authority from whom the appeal was made to him or who referred the matter to him or, in the case of an order made or notice served by him by virtue of section 100, 104 or 185, the appropriate authority, and references in those sections to a local planning authority shall be construed accordingly.

(2)In this paragraph “appropriate authority” means—

(a)in the case of a claim for compensation under section 107 or 108, the local planning authority who granted, or are to be treated for the purposes of section 107 as having granted, the planning permission the revocation or modification of which gave rise to the claim; and

(b)in the case of a claim for compensation under section 115(1) to (4) or 186, the local planning authority named in the relevant order or stop notice of the Secretary of State.

(3)The Secretary of State may, after consultation with all the authorities concerned, direct that where a local planning authority is liable to pay compensation under any of the provisions mentioned in sub-paragraph (1) in any particular case or class of case they shall be entitled to be reimbursed the whole of the compensation or such proportion of it as he may direct from one or more authorities specified in the direction.

9Claims for payment of compensation under a tree preservation order by virtue of section 203, and claims for payment of compensation under section 204 by virtue of directions given in pursuance of such an order, shall be made to and paid by the local planning authority who made the order or, in the case of an order made by the Secretary of State, the authority named in the order; and the reference in section 204(2) to the authority exercising functions under the tree preservation order shall have effect subject to the provisions of this paragraph.

10The local planning authority by whom compensation is to be paid under section 279(1)(a) to statutory undertakers shall be the authority who referred the application for planning permission to the Secretary of State and the appropriate Minister, or from whose decision the appeal was made to them or who served the enforcement notice appealed against, as the case may be.

MiscellaneousE+W

11In relation to land in the area of a joint planning board, a person entering into a planning obligation under section 106 or 299A may identify the council of the county or county borough in which the land is situated as the authority by whom the obligation is enforceable.

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Marginal Citations

over 01/04/1996

Section 20(3).

SCHEDULE 5E+W Unitary Development Plans in Wales

Part IE+W Minor and Consequential Amendments

1Part II of the planning Act is amended as provided in this Part of this Schedule.E+W

2In section 12 (preparation of unitary development plan), at the end add—E+W

(11)Any provision made by regulations under this section in its application by virtue of section 10 may differ from that made under this section in its application by virtue of section 10A.

3In 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 ”.E+W

4After section 23 (joint unitary development plans), insert the following sections—E+W

23A Joint unitary development plans: Wales.

(1)A joint unitary development plan or joint proposals for the alteration or replacement of such a plan may be prepared by two or more local planning authorities in Wales for their areas if—

(a)each of those areas adjoins each of the others; or

(b)the Secretary of State has given his approval.

(2)Subsection (1) does not apply in relation to a joint plan for any area which consists of or includes a National Park.

(3)The previous provisions of this Chapter shall, in relation to any joint plan or proposals of a kind mentioned in subsection (1), have effect subject to the following provisions of this section.

(4)Each of the local planning authorities by whom a joint unitary development plan is prepared shall have the duty imposed under section 13(2) of making copies of the plan available for inspection.

(5)Objections to such a plan may be made to any of those authorities and the statement required by section 13(3) to accompany copies of the plan shall state that objections may be so made.

(6)It shall be for each of the local planning authorities by whom a joint unitary development plan is prepared to adopt the plan under section 15(1) and, subject to the provisions of this Chapter, they may do so as respects the part of their area to which the plan relates, but any modifications subject to which the plan is adopted must have the agreement of all those authorities.

(7)Where a unitary development plan has been prepared jointly, the power of preparing proposals in respect of the plan under section 21 may be exercised as respects their respective areas by any of the authorities by whom it was prepared and the Secretary of State may under that section direct any of them to prepare proposals as respects their respective areas.

(8)The date of the coming into operation of a unitary development plan prepared jointly by two or more local planning authorities or for the alteration or replacement of such a plan in pursuance of proposals so prepared shall be a date jointly agreed by those authorities.

National Parks in WalesE+W

23B Unitary development plans for National Parks in Wales.

(1)A unitary development plan shall be prepared for each National Park in Wales.

(2)A Welsh National Park development plan shall relate to an area prescribed in relation to the National Park in question by order made by the Secretary of State.

(3)The prescribed area in relation to a National Park which falls wholly within, but does not comprise the whole of, the area of a single local planning authority shall be—

(a)where the local planning authority have so elected, the whole of the area of the local planning authority; and

(b)in any other case—

(i)the whole of the area of the National Park; or

(ii)a composite area.

(4)The prescribed area in relation to any other Welsh National Park shall be—

(a)the whole of the area of the National Park; or

(b)a composite area.

(5)For the purposes of this section and section 23C, “composite area”, in relation to a National Park, means an area which consists of the whole of the Park together with any one or more other areas in Wales.

(6)The Secretary of State shall not under subsection (2) prescribe an area which is a composite area except with the consent of every local planning authority in whose area the prescribed area or any part of it would fall.

(7)Any order made by the Secretary of State under subsection (2) may make such saving or transitional provision as he considers appropriate.

(8)Where, by an order under subsection (2), the Secretary of State prescribes a composite area which comprises or includes part only of the area of a local planning authority, the provisions of this Chapter shall apply in relation to—

(a)the Welsh National Park development plan in question, or

(b)any proposals for its alteration or replacement,

subject to such modifications, if any, as may be prescribed by the order.

(9)Subsections (3) and (4) of section 10A do not apply for the purposes of—

(a)subsection (3) or (8) of this section, or

(b)section 23C(1), (2) or (4).

(10)For the purposes of this Act, “Welsh National Park development plan” means a unitary development plan prepared for a National Park in Wales.

23C Joint unitary development plans for National Parks in Wales.

(1)A Welsh National Park development plan for a National Park which neither coincides with nor falls wholly within the area of a single local planning authority shall be a joint unitary development plan.

(2)A Welsh National Park development plan for any other National Park shall be a joint unitary development plan if it relates to a composite area unless the composite area coincides with or falls wholly within the area of a single local planning authority.

(3)Any Welsh National Park development plan which is required to be a joint plan shall be prepared by the authorities who will be the appropriate authorities in relation to the plan.

(4)For the purposes of this section, an authority are an appropriate authority in relation to a joint plan if—

(a)they are a local planning authority; and

(b)their area or any part of their area falls within the area to which the plan relates.

(5)Any proposals prepared under section 21 for the alteration or replacement of a joint plan of a kind mentioned in subsection (1) or (2) shall be joint proposals prepared by the appropriate authorities in relation to that plan, and any direction given by the Secretary of State under that section in relation to that plan shall be given jointly to those authorities.

(6)Subsections (3) to (6) and (8) of section 23A apply in relation to any joint plan or proposals of a kind mentioned in subsection (1), (2) or (5) as they apply in relation to any joint plan or proposals of a kind mentioned in section 23A(1).

5In section 26 (regulations and directions), after subsection (3) insert—E+W

(3A)Any provision made by regulations under this section in its application by virtue of section 10 may differ from that made under this section in its application by virtue of section 10A.

6After section 27 insert the following section—E+W

27A Meaning of “development plan” in relation to Wales.

For the purposes of the enactments mentioned in section 27, the development plan for any area in Wales shall be taken as consisting of—

(a)the provisions of the unitary development plan for the time being in force for that area, together with a copy of the relevant local planning authority’s resolution of adoption or of the Secretary of State’s notice of approval or, where part of the plan has been adopted and the remainder approved, copies of the resolution and the notice; and

(b)any alteration to that plan, together with a copy of the relevant local planning authority’s resolution of adoption, or the Secretary of State’s notice of approval, of the alteration or, where part of the alteration has been adopted and the remainder approved, copies of the resolution and the notice.

7For section 29 (application of Chapter II to non-metropolitan areas), substitute—E+W

29 Application of Chapter II to non-metropolitan areas in England.

(1)This Chapter applies only to—

(a)the area of any local planning authority in England outside Greater London and the metropolitan counties; and

(b)any part of a National Park in a metropolitan county in England.

(2)Subsection (1) is subject to the transitional provisions in—

(a)Schedule 2; and

(b)Part III of Schedule 5 to the Local Government (Wales) Act 1994.

Part IIE+W Commencement of Unitary Development Plans

8In Schedule 2 to the planning Act (development plans: transitional provisions), after Part I insert—E+W

Part IAE+W Wales

Continuation of structure, local and old development plansE+W

1(1)Every existing plan which relates to any part of Wales shall continue in force on and after 1st April 1996.

(2)When a unitary development plan has become fully operative for the area of a local planning authority in Wales—

(a)any existing plan which is for the time being in force; and

(b)any interim plan,

shall cease to have effect in respect of its plan area to the extent that it is comprised in the area of that local planning authority.

(3)Any existing plan or interim plan shall, while it continues in force in respect of the area, or part of the area, of any local planning authority in Wales, be treated for the purposes of—

(a)this Act,

(b)any other enactment relating to town and country planning,

(c)the M47Land Compensation Act 1961, and

(d)the M48Highways Act 1980,

as being, or as being comprised in, the development plan in respect of that area or, as the case may be, that part of that area.

(4)Sub-paragraphs (1) to (3) have effect subject to the provisions of this Part of this Schedule and the 1994 Act transitional provisions.

(5)In this paragraph—

  • the 1994 Act transitional provisions” means the provisions of Part III of Schedule 5 to the Local Government (Wales) Act 1994;

  • existing plan” means a—

    (a)

    structure plan;

    (b)

    local plan; or

    (c)

    old development plan,

    to the extent that it was in force in respect of any area in Wales immediately before 1st April 1996 (and includes any alteration made to, or replacement of, the plan after that date under the 1994 Act transitional provisions);

  • interim plan” means any modified plan (within the meaning of the 1994 Act transitional provisions) which comes into force in respect of any area in Wales on or after 1st April 1996 under those provisions;

  • old development plan” means any plan which was in force immediately before 1st April 1996 by virtue of Schedule 7 to the M49Town and Country Planning Act 1971 and Part III of this Schedule; and

  • plan area”, in relation to an existing plan or interim plan, means the area in respect of which it was in force immediately before 1st April 1996 or, as the case may be, comes into force on or after that date.

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Marginal Citations

Revocation of structure planE+W

2(1)Where under Chapter I of Part II of this Act the Secretary of State approves all or any of Part I of a unitary development plan for the whole or part of the area of a local planning authority in Wales (“the relevant whole or part area”), he may by order—

(a)wholly or partly revoke an existing plan which is a structure plan in respect of the plan area, to the extent that it is comprised in the relevant whole or part area or any part of it; and

(b)make such consequential amendments to that existing plan as appear to him to be necessary or expedient.

(2)Before making an order under this paragraph, the Secretary of State shall consult the local planning authority for the area to which the unitary development plan relates.

Incorporation of current policy in unitary development planE+W

3(1)This paragraph applies where—

(a)a unitary development plan is being prepared for the area of a local planning authority in Wales;

(b)the local planning authority preparing that plan have published in the prescribed manner a statement in the prescribed form identifying a policy included in the plan as an existing policy;

(c)one or more local plans is or, as the case may be, are together in force throughout the policy area; and

(d)a local inquiry or other hearing is held for the purpose of considering any objection to the plan.

(2)The person holding the inquiry or other hearing need not allow an objector to appear if he is satisfied that—

(a)the objection is to a policy identified in the statement published under sub-paragraph (1)(b);

(b)the policy so identified is an existing policy; and

(c)there has been no significant change in circumstances affecting the existing policy since it first formed part of any plan mentioned in sub-paragraph (1)(c).

(3)In this paragraph—

  • existing policy” means a policy the substance of which (however expressed) was contained in the local plan or local plans mentioned in sub-paragraph (1)(c);

  • policy” includes a proposal; and

  • policy area” means so much of the area of the local planning authority to which the policy concerned relates.

Meaning of “local plan”E+W

4In this Part of this Schedule, “local plan” includes—

(a)a minerals local plan;

(b)a waste local plan;

(c)a local plan adopted or approved before the commencement of Part I of Schedule 4 to the M50Planning and Compensation Act 1991 or under Part III of that Schedule.

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Marginal Citations

Part IIIE+W Transitional Provisions

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Modifications etc. (not altering text)

C21Sch. 5 Pt. III applied (1.4.1996) (temp.) by 1990 c. 8, s. 28A(1)(b) (as inserted (1.4.1996) by 1994 c. 19, s. 20(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2)

Sch. 5 Pt. III: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

IntroductoryE+W

9(1)The provisions of this Part of this Schedule apply in relation to the area of any local planning authority in Wales during the period—E+W

(a)beginning on 1st April 1996, and

(b)ending when a unitary development plan has become fully operative for that area.

(2)For the purposes of sub-paragraph (1), a unitary development plan for the area of a local planning authority in Wales has become fully operative—

(a)when it has become operative under Chapter I of Part II of the planning Act; or

(b)where different parts of it have become operative at different times, when all parts of it have become so operative.

(3)Sub-paragraphs (4) and (5) apply where the area of a local planning authority in Wales includes—

(a)the whole or any part of an area prescribed under section 23B(2) of the planning Act in relation to a National Park, and

(b)other land.

(4)The provisions of this Part of this Schedule apply separately in relation to—

(a)the Park area or, if there is more than one, each Park area, and

(b)the remaining area.

(5)Any reference in this Part of this Schedule to the area of the local planning authority (including any reference which falls to be so construed) shall be construed—

(a)in its application in relation to any Park area, as a reference to that Park area, and

(b)in its application in relation to the remaining area, as a reference to that area.

(6)In this paragraph—

  • the Park area”, in relation to a National Park, means the part of the local planning authority’s area which is within the area prescribed under section 23B(2) of the planning Act in relation to that Park or, where there is more than one such part, those parts taken as a whole;

  • the remaining area” means the part of the local planning authority’s area which is not within an area so prescribed in relation to any National Park.

Application in relation to National ParksE+W

10The functions of a local planning authority under this Part of this Schedule are functions to which Part I of Schedule 17 to the 1972 Act (discharge of planning and countryside functions in National Parks) applies.

InterpretationE+W

11(1)In this Part of this Schedule—E+W

  • affected area”, in relation to a new planning authority, means—

    (a)

    in the case of a required plan (or proposed required plan) or a structure plan, the plan area, and

    (b)

    in the case of alteration proposals or structure plan alteration proposals, the related area,

    to the extent that, on 1st April 1996, it became comprised in the area of the new planning authority;

  • alteration proposals” means proposals for the alteration or replacement of a required plan (or of a plan which is treated as such a plan by virtue of paragraph 44(2) of Schedule 4 to the M51Planning and Compensation Act 1991)—

    (a)

    previously permitted to be prepared under section 39(1) of the planning Act; or

    (b)

    previously required to be prepared by a direction of the Secretary of State under section 39(2) of that Act;

  • modified plan”, in relation to a required plan (or proposed required plan) and any area, means that plan to the extent that it relates or is to relate to the area;

  • modified proposals”, in relation to alteration proposals and any area, means those proposals to the extent that they relate or are to relate to the area;

  • modified structure plan proposals”, in relation to structure plan alteration proposals and any area, means those proposals to the extent that they relate or are to relate to the area;

  • new planning authority” means a new principal council or a joint planning board who are the local planning authority for any area in Wales;

  • old development plan” has the meaning given by paragraph 14(1)(b);

  • plan area”, in relation to a required plan (or proposed required plan) or structure plan, means the area to which the plan relates (or is to relate);

  • previously” means immediately before 1st April 1996;

  • related area”, in relation to alteration proposals or structure plan alteration proposals, means, to the extent that the proposals relate or are to relate to it, the plan area of the relevant required plan or, as the case may be, structure plan;

  • relevant authority” means a new planning authority in whose area any part of—

    (a)

    in the case of a proposed required plan, the plan area; or

    (b)

    in the case of alteration proposals or structure plan alteration proposals, the related area,

    became comprised on 1st April 1996;

  • required plan” means—

    (a)

    a local plan which previously had been prepared or was required to be prepared under section 36(1) of the planning Act;

    (b)

    a minerals local plan which previously had been prepared or was required to be prepared under section 37(1) or (3) of that Act; or

    (c)

    a waste local plan which previously had been prepared or was required to be prepared under section 38(2) or (4) of that Act;

    and for this purpose a plan which was permitted to be prepared jointly is not to be treated on that ground alone as not being required to be prepared;

  • saved local plan” has the meaning given by paragraph 14(1)(a);

  • structure plan” means a structure plan previously in force under section 31 of the planning Act; and

  • structure plan alteration proposals” means proposals for the alteration or replacement of a structure plan—

    (a)

    previously permitted to be prepared under section 32(1) of the planning Act; or

    (b)

    previously required to be prepared by a direction of the Secretary of State under section 32(2) of that Act.

(2)For the purposes of this Part of this Schedule—

(a)even if the part of a required plan that relates to a part of the plan area has been prepared, the plan is to be treated as being in course of preparation in relation to that part of the area if the plan as a whole is in course of preparation; and

(b)even if the part of alteration proposals or structure plan alteration proposals that relates to a part of their related area has been prepared, those proposals are to be treated as being in course of preparation in relation to that part of the area if the proposals as a whole are in course of preparation.

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Marginal Citations

Preparation of modified schemesE+W

12(1)Where any planning scheme was previously in course of preparation, any relevant authority may submit to the Secretary of State a request for approval to prepare a modified scheme for the affected area.E+W

(2)The Secretary of State may approve any such request if he is satisfied that the planning scheme was previously in course of preparation in relation to the affected area, and that—

(a)it is expedient that preparation of the planning scheme be continued in the preparation of the modified scheme;

(b)continued preparation of the planning scheme in relation to the affected area is likely to be of assistance to the new planning authority in preparing the unitary development plan for their area; or

(c)the adoption or approval of a modified scheme is otherwise expedient or desirable.

(3)Any approval under sub-paragraph (2)—

(a)may be given subject to such conditions as the Secretary of State thinks fit, including conditions as to the period within which the modified scheme is to be prepared and a copy of it submitted to him;

(b)may be accompanied by a direction modifying in such manner, and for such period, as the Secretary of State thinks fit the duty of the new planning authority to prepare a unitary development plan under Chapter I of Part II of the planning Act.

(4)Where the Secretary of State gives a direction under sub-paragraph (3)(b), Chapter I of Part II of the planning Act shall have effect in relation to the new planning authority subject to that direction.

(5)Where a planning scheme for any area in Wales had previously been prepared but not adopted or approved under Chapter II of Part II of the planning Act, the Secretary of State may, on an application made to him by a relevant authority, give permission to prepare a modified scheme for the affected area.

(6)The Secretary of State shall, whenever he gives any approval under sub-paragraph (2) or permission under sub-paragraph (5), direct that such of—

(a)the provisions of Chapter II of Part II of the planning Act, and

(b)any regulations made under any provision of that Chapter,

as may be specified in the direction shall apply for the purpose of the preparation, adoption or approval of the modified scheme in relation to the affected area.

(7)The provisions applied by a direction under sub-paragraph (6)—

(a)may include any requirement with respect to a modified scheme (or its preparation) corresponding to one already satisfied with respect to the planning scheme;

(b)may be applied subject to such modifications as may be specified in the direction; and

(c)may be applied for such limited period (if any) as may be specified in the direction.

(8)For the purposes of this paragraph—

  • planning scheme” means a required plan, alteration proposals or structure plan alteration proposals; and

  • modified scheme”, in relation to a planning scheme—

    (a)

    which is a required plan, means a modified plan,

    (b)

    which consists of alteration proposals, means modified proposals,

    (c)

    which consists of structure plan alteration proposals, means modified structure plan proposals.

Default powersE+W

13(1)This paragraph applies where—E+W

(a)a new planning authority have been given approval or permission under paragraph 12(2) or (5);

(b)the Secretary of State has required that proposals for a modified plan or modified proposals or modified structure plan proposals be submitted to him; or

(c)a new planning authority have prepared, but have not adopted, a modified plan, modified proposals or modified structure plan proposals.

(2)Where this paragraph applies—

(a)if at any time the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the new planning authority are not taking the steps necessary to enable them to submit or adopt the proposals for a modified plan or the modified proposals or modified structure plan proposals within a reasonable period, or

(b)in a case where a condition was imposed in the approval given under paragraph 12(2) for the submission of a copy of the plan or proposals within a specified period, if that copy has not been submitted within that period,

the Secretary of State may take such steps, which may include the alteration of any plan, as he thinks fit.

(3)The provisions of Chapter II of Part II of the planning Act shall, so far as applicable, apply with any necessary modifications in relation to the doing of anything under this paragraph by the Secretary of State and the thing so done.

(4)The new planning authority shall on demand repay to the Secretary of State so much of any expenses incurred by him in connection with the doing of anything which should have been done by them as he certifies to have been incurred by him in the performance of their functions.

Effect of adoption or approval of modified planE+W

14(1)Upon the adoption or approval of a modified plan for which the related required plan was previously the only required plan or the last of the required plans for the affected area—E+W

(a)any local plan which was continued in operation in relation to that area by paragraph 44(1) of Schedule 4 to the M52Planning and Compensation Act 1991 (a “saved local plan”), and

(b)any plan which was previously in force by virtue of Schedule 7 to the M53Town and Country Planning Act 1971 and Part III of Schedule 2 to the planning Act (an “old development plan”),

shall cease to have effect in relation to that area.

(2)If the Secretary of State so directs, any specified provisions of a saved local plan or of an old development plan shall continue in operation—

(a)for such period as may be specified or determined in accordance with the direction;

(b)in relation to the affected area or any specified part of the affected area to which the saved local plan or the old development plan relates.

(3)The Secretary of State may at any time revoke any direction given under sub-paragraph (2).

(4)Before giving or revoking any such direction the Secretary of State shall consult the new planning authority.

(5)Any provision of a saved local plan or old development plan in force for any area in Wales by virtue of a direction under this paragraph shall have effect subject to the provisions of any modified plan in force for that area.

(6)For the purposes of this paragraph, “specified” means specified in the direction given under sub-paragraph (2).

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Marginal Citations

Other plans to prevail over old development plans and saved local plansE+W

15(1)Where an old development plan is in force for any area in Wales, the provisions of—E+W

(a)any structure plan,

(b)any part of the unitary development plan, or

(c)any local plan,

in force in respect of that area shall, to the extent that they conflict with it, prevail over any provision of the old development plan for the purposes of Parts III, V, VI, VII, VIII and IX of the planning Act, the M54Planning (Listed Buildings and Conservation Areas) Act 1990 and the M55Planning (Hazardous Substances) Act 1990.

(2)Where a saved local plan is in force in respect of any area in Wales, the provisions of—

(a)any local plan, minerals local plan, or waste local plan,

(b)any part of a unitary development plan,

in force in that area shall, to the extent that they conflict with it, prevail for all purposes over any provision of the saved local plan.

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Marginal Citations

Local plans to prevail over structure plansE+W

16(1)The provisions of a local plan in force by virtue of paragraph 1 of Part IA of Schedule 2 to the planning Act (continuation of structure, local and old development plans) for any area in Wales prevail for all purposes over any conflicting provisions in the structure plan so in force for that area unless the local plan is one which—E+W

(a)before 1st April 1996 had been stated under section 35C of the planning Act not to be in general conformity with the structure plan; and

(b)has been neither altered nor replaced after the statement was supplied.

(2)Where, in relation to a modified plan in force for any area in Wales, the required plan was a local plan, the provisions of that modified plan prevail for all purposes over any conflicting provisions in the structure plan in force for that area.

Development plans for compensation purposesE+W

17(1)This paragraph applies where, in relation to any area in Wales, there is no local plan in force.E+W

(2)For any of the purposes of the M56Land Compensation Act 1961, the development plan or current development plan shall as respects that area be taken as being—

(a)if any part of the unitary development plan is in force for that area, that part of that plan; or

(b)if no part of such a plan is in force for that area, whichever of the structure plan and the old development plan (if any) in force for that area gives rise to those assumptions as to the grant of planning permission which are more favourable to the owner of the land in question.

(3)For any of the purposes of the Act of 1961, land situated in an area defined in the current development plan as an area of comprehensive development (“the defined area”) shall be taken to be situated in whichever of the following areas leads to such assumptions as are mentioned in sub-paragraph (2)(b)—

(a)any area which is wholly or partly within the defined area and is selected by the structure plan as an action area; and

(b)the area so defined in the old development plan.

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Marginal Citations

Revocation of old development planE+W

18The Secretary of State may, after consultation with a new planning authority, by order wholly or partly revoke an old development plan continued in force under paragraph 1 of Part IA of Schedule 2 to the planning Act in respect of the whole or any part of so much of the area to which it relates as is comprised in the area of the new planning authority.E+W

Temporary duty in relation to existing structure planE+W

19It is the duty of a local planning authority in Wales, when exercising their functions under section 70 of the planning Act (determination of applications for planning permission) in relation to an application for planning permission, to seek the achievement of the general objective of the structure plan (if any) for the time being in force in their area (or, where different structure plans apply in respect of different parts of their area, in that part of their area to which the application relates).E+W

Unitary development plan to prevail over other plansE+W

20Where a unitary development plan is operative in part, but has not become fully operative, in the area of a new planning authority, to the extent that they conflict with any provision of any—E+W

(a)structure plan,

(b)local plan,

(c)minerals local plan,

(d)waste local plan, or

(e)modified plan,

in force for that area or any part of it, the provisions of the unitary development plan shall prevail for the purposes of Parts III, V, VI, VII, VIII and IX of the planning Act and of the M57Planning (Listed Buildings and Conservation Areas) Act 1990 and the M58Planning (Hazardous Substances) Act 1990.

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Marginal Citations

Planning blight: structure plansE+W

21(1)Paragraph 1 of Schedule 13 to the planning Act (blighted land) shall apply with the omission of Notes (2), (5A) and (7) and as modified by sub-paragraphs (2) to (6).E+W

(2)References to a structure plan in force for the district in which land is situated are to be read as if they were references to a structure plan in force where that land is situated by virtue of Part IA of Schedule 2 to the planning Act.

(3)Note (1) to that paragraph shall apply as if—

(a)in paragraph (a), after “inspection” there were inserted “ before 1st April 1996 ” and at the end there were added “ and not withdrawn before that date ”;

(b)after that paragraph there were inserted—

(aa)modified structure plan proposals made available for inspection under that section as it is applied by virtue of Part III of Schedule 5 to the Local Government (Wales) Act 1994;;

(c)in paragraph (b), after “published” there were inserted “ either before 1st April 1996 ” and at the end there were added “ or after that date in accordance with regulations or a direction made by virtue of that Part of that Schedule ”.

(4)Note (3) to that paragraph shall apply as if, after paragraph (b), there were inserted— or

(c)copies of the unitary development plan for the area in which the land is situated have been made available under section 13(2)..

(5)Note (4) to that paragraph shall apply as if at the end there were added “ or paragraph 13 of Schedule 5 to the Local Government (Wales) Act 1994 ”.

(6)In Note (5) to that paragraph—

(a)the reference to a local plan is to be read as if it were a reference to—

(i)a local plan within the meaning of paragraph 4 of Part IA of Schedule 2 to the planning Act; or

(ii)a modified plan in force where that land is situated; and

(b)any reference to a district for which a local plan is in operation is to be read as if it were a reference to the area in which the plan mentioned in paragraph (a)(i) or (ii) is in force by virtue of Part IA of Schedule 2 to the planning Act.

Planning blight: local plans and modified plansE+W

22(1)Paragraph 2 of Schedule 13 to the planning Act (blighted land) shall apply as modified by sub-paragraphs (2) to (5).E+W

(2)Paragraph (a) shall apply as if for “for the district” there were substituted “ where the land is situated ”.

(3)Note (1) to that paragraph shall apply as if—

(a)for the words from “includes a reference” to “also” there were substituted “ is a reference to a local plan within the meaning of paragraph 4 of Part IA of Schedule 2 or a modified plan within the meaning of Part III of Schedule 5 to the Local Government (Wales) Act 1994, and, until copies of the unitary development plan for the area in which the land is situated have been made available under section 13(2), ”;

(b)in paragraph (a), after “proposals have” there were inserted “ before 1st April 1996 ”, and after “1991” there were inserted “ and not withdrawn before that date ”; and

(c)in paragraph (b)—

(i)after “published” there were inserted “ either before 1st April 1996 ”, and

(ii)at the end of that paragraph there were added “ or after that date in accordance with regulations or a direction made by virtue of Part III of Schedule 5 to the Local Government (Wales) Act 1994 ”.

(4)Note (3) to that paragraph shall apply as if, in paragraph (b), the words “the local planning authority decide to abandon” were omitted.

(5)Note (4) to that paragraph shall apply as if, at the end, there were added “or paragraph 13 of Schedule 5 to the Local Government (Wales) Act 1994”.

Regulations and directionsE+W

23(1)The Secretary of State may by regulations make provision corresponding to any provision which he could previously have made by regulations under any provision of Chapter II of Part II of the planning Act.E+W

(2)The Secretary of State may by regulations provide for—

(a)any regulations made or directions given under any provision of that Chapter and previously in force to continue to apply for such period as may be prescribed; and

(b)any regulations made under sub-paragraph (1) or applied under paragraph (a) or by or under any other provision of this Schedule to apply in relation to—

(i)modified plans, modified proposals or, as the case may be, modified structure plan proposals, or

(ii)the preparation of any such plan or proposals,

subject to such modifications (if any) as may be prescribed.

(3)The Secretary of State may by a direction given under this paragraph make provision corresponding to any provision which he could previously have made by a direction given under any provision of Chapter II of Part II of the planning Act.

(4)Any power exercisable by virtue of sub-paragraph (1) or (3) to make regulations or give a direction in relation to required plans, proposals for the alteration or replacement of a required plan or structure plan, or the preparation of any such plan or proposals, shall be exercisable, with the necessary modifications, in relation to—

(a)modified plans, modified proposals or, as the case may be, modified structure plan proposals, or

(b)the preparation of any such plan or proposals.

Section 20(4).

SCHEDULE 6E+W Minor and Consequential Amendments: Planning

over 03/04/1995

Part IE+W The 1972 Act: National Parks and Countryside Functions

Prospective

1In section 184 of the 1972 Act (National Park and countryside functions), for subsection (1) substitute—

(1)The functions conferred on a local planning authority by or under the National Parks and Access to the M59Countryside Act 1949 and the M60Countryside Act 1968 shall—

(a)as respects England elsewhere than in the metropolitan counties, Greater London and the Isles of Scilly, be exercisable in accordance with the following provisions of this section; and

(b)as respects Wales, be exercisable in accordance with subsections (6) to (8) below.

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Marginal Citations

2Schedule 17 to the 1972 Act is amended as provided in paragraphs 3 to 14.

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Commencement Information

I24Sch. 6 para. 2 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6))

3In paragraph 2 (functions which may be conferred on joint board), after “National Park” insert “ in England ”.

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Commencement Information

I25Sch. 6 para. 3 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6))

4In paragraph 4 (functions which may be conferred on joint and special planning boards), for “1 or 3” substitute “ 1, 3 or 3A ”.

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Commencement Information

I26Sch. 6 para. 4 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6))

Prospective

5In paragraph 6 (functions not to be discharged by National Park Committees), in paragraph (a), at the beginning insert “ in the case of a council or councils for a planning area or areas in England, ”.

Prospective

6In paragraph 9 (discharge of functions by district planning authority), after “A National Park Committee” insert “ for a National Park in England ”.

Prospective

7In paragraph 12A(1) (district council members for National Park Committees), after “a National Park” insert “ in England ”.

Prospective

8In paragraph 13 (modification of section 101), in paragraphs (b) and (c), after “county” insert “ , county borough ” (in both places).

Prospective

9In paragraph 14(b) (members of National Park Committees), after “county” insert “ , county borough ”.

Prospective

10In paragraph 19, after “Countryside Commission and” insert “ , in the case of a National Park in England, ”.

11In paragraph 20 (functions to which Part I of that Schedule applies), after “county council” insert “ , county borough council ”.

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Commencement Information

I27Sch. 6 para. 11 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6))

12In paragraph 21A (planning areas), at the end add “ but, in relation to Wales, means a county or county borough ”.

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Commencement Information

I28Sch. 6 para. 12 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6))

over 01/04/1996

13After paragraph 35 (application of section 61 of National Parks and Access to the Countryside Act 1949) insert—

In relation to Wales, paragraph 35 above has effect as if—

(a)for “1974” there were substituted “1996”;

(b)for “and the county council” there were substituted “and the principal council”.

over 01/04/1996

14In paragraph 37 (identification of local planning authority), after “in relation to land” insert “ in England ”.E+W

Part IIE+W Other Enactments

over 01/04/1996

The National Parks and Access to the Countryside Act 1949 (c. 97)E+W

15(1)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 ”.E+W

(2)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—

(2)The reference in subsection (1) of this section to the county planning authority is to be read, in relation to Wales, as a reference to the local planning authority.

(3)In Schedule 1 to that Act (orders designating National Parks and other orders)—

(a)in paragraph 1(3)(a), for “area of every county planning authority whose area” substitute “ every county or county borough which ”;

(b)in paragraph 2(5), after “county planning authority” insert “ or, in Wales, the local planning authority ”.

over 01/04/1996

The Local Government, Planning and Land Act 1980 (c. 65)E+W

16(1)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 ”.E+W

(2)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 ”.

over 01/04/1996

The Acquisition of Land Act 1981 (c. 67)E+W

17(1)In section 17 of the Acquisition of Land Act 1981 (special parliamentary procedure for purposes of acquisition of local authority and statutory undertakers’ land)—E+W

(a)in subsection (3), after “Planning Board,” insert “ a Welsh planning board, ”; and

(b)in subsection (4), after the definition of “statutory undertakers” add—

  • a Welsh planning board” means a board constituted under—

    (a)

    section 2(1B) of the M61Town and Country Planning Act 1990; or

    (b)

    paragraph 3A of Schedule 17 to the M62Local Government Act 1972.

(2)In paragraph 4 of Schedule 3 to that Act (acquisition of new rights over special kinds of land)—

(a)in sub-paragraph (3), after “Planning Board,” insert “ a Welsh planning board, ”; and

(b)in sub-paragraph (4), after the definition of “statutory undertakers” add—

  • a Welsh planning board” means a board constituted under—

    (a)

    section 2(1B) of the Town and Country Planning Act 1990; or

    (b)

    paragraph 3A of Schedule 17 to the Local Government Act 1972.

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Marginal Citations

The Litter Act 1983 (c. 35)E+W+S

Prospective

18In section 10 of the Litter Act 1983 (interpretation), in the definition of “Park board”—

(a)after “1972;” at the end of paragraph (a), insert—

(aa)in the case of a National Park in Wales, a joint planning board constituted under section 2(1B) of the Town and Country Planning Act 1990 for an area which comprises or includes the whole or any part of the area of that Park;;

(b)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 ”.

over 01/04/1996

The Housing Act 1985 (c. 68)E+W

19In section 573 of the Housing Act 1985 (meaning of “public sector authority”), in subsection (1), after “the Lake District Special Planning Board” insert—E+W

a Welsh planning board,

and, after that subsection, insert—

(1A)For the purposes of subsection (1), “a Welsh planning board” means a board constituted under—

(a)section 2(1B) of the Town and Country Planning Act 1990; or

(b)paragraph 3A of Schedule 17 to the Local Government Act 1972.

over 01/04/1996

The Local Government Act 1988 (c. 9)E+W+S

20In Schedule 2 to the Local Government Act 1988 (public authorities for the purposes of public supply or works contracts), after “The Peak Park Joint Planning Board” insert—E+W+S

A joint planning board constituted under section 2(1B) of the M63Town and Country Planning Act 1990.

A special planning board constituted under paragraph 3A of Schedule 17 to the M64Local Government Act 1972.

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Marginal Citations

over 03/04/1995

The Local Government Finance Act 1988 (c. 41)E+W

21In 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—E+W

(7)For the purposes of this section—

(a)a Welsh joint planning board constituted under section 2(1B) of the Town and Country Planning Act 1990; and

(b)a special planning board constituted under paragraph 3A of Schedule 17 to the Local Government Act 1972,

shall be treated as a levying body with respect to which regulations may be made under subsection (2) above.

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Commencement Information

I29Sch. 6 para. 21 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6))

over 01/04/1996

The Electricity Act 1989 (c. 29)E+W+S

22In 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—E+W+S

(aa)in relation to Wales, means a local planning authority;.

The Local Government and Housing Act 1989 (c. 42)E+W+S

over 03/04/1995

23(1)In section 21(1) of the Local Government and Housing Act 1989 (interpretation of Part I), in paragraph (m), for “1 or paragraph 3” substitute “ 1, 3 or 3A ” and at the end add “ or under section 2(1B) of the Town and Country Planning Act 1990 ”.

(2)In section 39(1) of that Act (application of Part IV), in paragraph (h), for “1 or paragraph 3” substitute “ 1, 3 or 3A ” and at the end add “ or under section 2(1B) of the Town and Country Planning Act 1990 ”.

(3)In section 67(3) of that Act (local authorities for the purposes of Part V), in paragraph (o), for “1 or paragraph 3” substitute “ 1, 3 or 3A ” and at the end add “ or under section 2(1B) of the Town and Country Planning Act 1990 ”.

(4)In section 152(2) of that Act (relevant authorities for the purposes of imposing certain charges), in paragraph (k), for “1 or paragraph 3” substitute “ 1, 3 or 3A ” and after “1972” add “ or under section 2(1B) of the Town and Country Planning Act 1990 ”.

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Commencement Information

I30Sch. 6 para. 23 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6))

over 03/04/1995

The Town and Country Planning Act 1990 (c. 8)E+W

24(1)In section 4 of the planning Act (National Parks)—

(a)in subsections (1) and (2), after “National Park” insert “ in England ” (in each place); and

(b)in subsection (3)—

(i)after “section 2” insert “ , a special planning board is constituted under paragraph 3A of Schedule 17 to the M65Local Government Act 1972 ”; and

(ii)for “Schedule 17 to the Local Government Act 1972” substitute “ that Schedule ”.

(2)In section 110(2) of that Act (registration of compensation for depreciation), after “district” insert “ , Welsh county, county borough ”.

(3)In section 137(2) of that Act (service of purchase notice), after “district” insert “ , Welsh county, county borough ”.

(4)In section 140(2) of that Act (notice to be given by Secretary of State where purchase notice referred to him), in paragraph (c)—

(a)at the beginning, insert “ in England ”, and

(b)after “to that board;” insert—

(cc)in Wales, to the local planning authority, where it is a joint planning board;.

(5)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 ”.

(6)In section 226 of that Act (compulsory acquisition of land for development and other planning purposes), in subsection (6)—

(a)in paragraph (a), after first “county” insert “ in England ”; and

(b)in paragraph (b), after “the district;” insert—

(bb)if the land is in Wales, consult with the council of the county or county borough;,

and, in subsection (8), after “counties,” insert “ county boroughs, ”.

(7)In section 227(1) of that Act (acquisition of land by agreement), after “county,” insert “ county borough, ”.

(8)In section 231(1) of that Act (power of Secretary of State to require acquisition or development of land), after “county,” insert “ county borough, ”.

(9)In section 247(3)(b) of that Act (highways affected by development: orders by Secretary of State), after “county council,” insert “ county borough council, ”.

(10)In section 252 of that Act (procedure for making of orders under Part X), in subsection (12), in the definition of “local authority”—

(a)after “county,” insert “ county borough, ”; and

(b)after first “parish” insert “ , community ”.

(11)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, ”.

(12)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, ”.

(13)In section 336 of that Act (interpretation), in subsection (1)—

(a)in the definition of “authority possessing compulsory purchase powers”, after “or county council” insert “ or county borough council ”;

(b)in the definition of “development plan”, for “27” substitute “ 27, 27A ”; and

(c)in the definition of “mineral planning authority”, for “1(4)” substitute “ 1 ”.

(14)After section 336(1) of that Act insert—

(1A)In this Act—

(a)any reference to a county (other than one to a county planning authority) shall be construed, in relation to Wales, as including a reference to a county borough;

(b)any reference to a county council shall be construed, in relation to Wales, as including a reference to a county borough council; and

(c)section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

(15)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”.

(16)In paragraph 3 of Schedule 13 to that Act (blighted land), for “for the district in which it” substitute “ where the land ”.

(17)In paragraph 1 of Schedule 14 to that Act (procedure for footpaths and bridleways orders)—

(a)in sub-paragraph (2)(b)(ii), after first “rural parish” insert “ or community ”; and

(b)in sub-paragraph (3), in the definition of “council”, after “county council,” insert “ a county borough council, ”.

(18)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) ”.

(19)In paragraph 4 of Schedule 17 to that Act (enactments exempted from section 333(6)), after “a county council” insert “ , county borough council ”.

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Commencement Information

I31Sch. 6 para. 24 partly in force; Sch. 6 para. 24 not in force at Royal Assent see s. 66; Sch. 6 para. 24(1)(b) in force at 3.4.1995 by S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6)); Sch. 6 para. 24(10)(b)(17)(a) in force at 1.10.1995 by S.I. 1995/2490, art. 4(1), Sch. 2 (subject to art. 4(2)(3)); Sch. 6 para. 24(2)-(10)(a)(11)-(16)(17)(b)(18)(19) in force at 1.4.1996 by S.I. 1996/396, art. 3, Sch. 1

Marginal Citations

over 01/04/1996

The Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)E+W

25(1)In section 2 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (publication of lists)—E+W

(a)in subsection (1), after “any district” insert “ , Welsh county, county borough, ”, omit “and” at the end of paragraph (a), and at the end of that subsection add and

(c)in the case of a Welsh county or county borough—

(i)with the county council or (as the case may be) the county borough council; and

(ii)with the local planning authority, if different from that council., and

(b)in subsection (3)(a), after “district” insert “ , Welsh county, county borough, ”.

(2)In section 3 of that Act (temporary listing: building preservation notices), in subsection (1), for “, other than” substitute “ in Wales, or to a local planning authority in England who are not ”.

(3)In section 32(1) of that Act (purchase notice on refusal or conditional grant of listed building consent), after “district” insert “ , Welsh county, county borough, ”.

(4)In section 34(2) of that Act (procedure on reference of listed building purchase notice to Secretary of State), in paragraph (c)—

(a)at the beginning insert “ in England ”; and

(b)after “to that board;” insert—

(cc)in Wales, to the local planning authority, where it is a joint planning board;.

(5)In section 46(5) of that Act (issue of listed building enforcement notice by the Secretary of State), after “an area” insert “ in England ”.

(6)In section 47(7) of that Act (compulsory acquisition of listed building in need of repair), in paragraph (a) of the definition of “the appropriate authority”, after “county” insert “ , county borough ”.

(7)In section 52(1) of that Act (acquisition of land by agreement), after “county,” insert “ county borough, ”.

(8)In section 57(7) of that Act (local authorities who may contribute to preservation of listed buildings etc.), in paragraph (a), after “county,” insert “ county borough, ”.

(9)In section 79(3) of that Act (local authorities for purposes of town scheme agreements), after paragraph (a) insert—

(aa)a county borough council;.

(10)In Schedule 4 to that Act (further provisions as to exercise of functions by different authorities), the provisions of paragraph 1 shall be sub-paragraph (1) of that paragraph, and at the end of that paragraph add—

(2)This Schedule shall apply in relation to Wales as if—

(a)paragraphs 2 to 5 were omitted;

(b)in paragraph 7, each reference to a district planning authority (or which is to be construed as such a reference) were a reference to the local planning authority.

over 01/04/1996

The Planning (Hazardous Substances) Act 1990 (c. 10)E+W

26(1)In section 1 of the Planning (Hazardous Substances) Act 1990 (hazardous substances authorities: general), after “district” insert “ , Welsh county, county borough ”.E+W

(2)In section 3(1) of that Act (hazardous substances authorities: other special cases), after “non-metropolitan county” insert “ in England ”.

over 01/04/1996

The Planning (Consequential Provisions) Act 1990 (c. 11)E+W

27In 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 ”.E+W

The Environmental Protection Act 1990 (c. 43)E+W+S

Prospective

28In section 88 of the Environmental Protection Act 1990 (fixed penalty notices for leaving litter), in subsection (10), in the definition of “Park board”, omit “or” immediately before paragraph (b) and at the end add—

(c)a joint planning board constituted under section 2(1B) of the M66Town and Country Planning Act 1990; or

(d)a special planning board constituted under paragraph 3A of Schedule 17 to the M67Local Government Act 1972;.

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Marginal Citations

The Local Government (Overseas Assistance) Act 1993 (c. 25)E+W+S

Prospective

29In section 1(10) of the M68Local Government (Overseas Assistance) Act 1993 (certain bodies on which powers are conferred by the Act), in paragraph (g), for “1 or 3” substitute “ 1, 3 or 3A ” and at the end add “or under section 2(1B) of the Town and Country Planning Act 1990”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

over 03/04/1995

Section 22(1).

SCHEDULE 7E+W+S+N.I. Highways, Road Traffic and Transport

Part IE+W+S Highways

The Highways Act 1980 (c. 66)E+W

1(1)Section 1 of the Highways Act 1980 (which makes general provision for determining the highway authority) is amended as follows.E+W

(2)After subsection (3) insert—

(3A)In Wales the council of a county or county borough are the highway authority for all highways in the county or, as the case may be, the county borough, whether or not maintainable at the public expense, which are not highways for which the Minister is the highway authority under subsection (1) above.

(3)After subsection (4) add—

(5)Subsection (3A) above is subject to any provision of this Act, or of any order made under this or any other Act, by virtue of which a council other than the Welsh council for the area in which the highway is situated are the highway authority.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32Sch. 7 Pt. I para. 1 wholly in force at 1.4.1996; Sch. 7 Pt. I para. 1 not in force at Royal Assent see s. 66; Sch. 7 Pt. I para. 1 in force at 3.4.1995 for certain purposes by S.I. 1995/852, art. 4(1), Sch. 2 (subject to art. 4(2)-(6)); Sch. 7 Pt. I para. 1 in force at 1.4.1996 by S.I. 1996/396, art. 3, Sch. 1

over 01/04/1996

2(1)Section 6 of that Act (delegation etc. of functions with respect to trunk roads) is amended as follows.E+W

(2)After subsection (1A) of that section insert—

(1B)The Minister shall not delegate functions to a council under subsection (1) above with respect to a trunk road or land outside their area but in Wales except after consultation with the Welsh council in whose area it is situated; and subsection (1A) does not apply in relation to a trunk road or land in Wales..

(3)In subsection (6) of that section—

(a)after “the county council” insert “ (the “responsible council”) ”;

(b)after first “district council” insert “ or Welsh council (the “contracting council”) ”; and

(c)for “district” in the second place in which it occurs substitute “ contracting ”.

(4)In subsection (6A) of that section, for “district council” substitute “ contracting council ” and after paragraph (b) insert—

(c)with respect to a trunk road or land in Wales but outside the area—

(i)of the responsible council; and

(ii)of the contracting council,

except after consultation with the Welsh council in whose area the trunk road or land is situated.

over 01/04/1996

3In section 8(4) of that Act (restrictions on certain agreements between local highway authorities)—E+W

(a)after first “county” insert “ (other than one in Wales) ”;

(b)after “another county” insert “ or county borough ”;

(c)for “the counties” substitute “ their areas ”;

(d)after “or of a county” insert “ or county borough ”; and

(e)after “the other county” insert “ or, as the case may be, county borough ”.

over 01/04/1996

4In section 36(7) of that Act (highways maintainable at public expense), after “the council of a county” insert “ in England ”.E+W

over 01/04/1996

5In section 47(3) of that Act (procedure for applications with regard to unnecessary highways), after “relating to any highway” insert “ in England ”.E+W

over 01/04/1996

6In 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”.E+W

over 01/04/1996

7In 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”.E+W

over 01/04/1996

8In section 79 of that Act (prevention of obstruction at corners), after subsection (3) insert—E+W

(3A)In relation to any land in Wales—

(a)subsection (3) above does not apply; but

(b)if the Minister is the highway authority, he shall not serve a notice restraining the erection of any building on the land except with the consent of the Welsh council in whose area the land is situated.

over 01/04/1996

9In section 100 of that Act (drainage of highways), after subsection (6) insert—E+W

(6A)In subsection (6) above, “the district council” shall be read, in relation to Wales, as “the Welsh council”.

(6B)Where the highway authority are a Welsh council—

(a)subsection (6) above does not apply; but

(b)before exercising any powers under sections 158, 159, 163, 165 and 168 of the M69Water Industry Act 1991 by virtue of subsection (5) above, they shall give notice of their intention to do so—

(i)to the sewerage undertaker; and

(ii)where they propose to exercise those powers outside their county or county borough, to the Welsh council or, as the case may be, the district council

within whose area the powers are proposed to be exercised.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

over 01/04/1996

10In section 114 of that Act (provision of public conveniences), after subsection (2) insert—E+W

(2A)In subsection (2) above, the reference to the council of the district in which the conveniences will be situated shall be read in relation to Wales as a reference to the Welsh council in whose area the conveniences will be situated.

(2B)Where the highway authority referred to in subsection (1) above are or, as the case may be, will be a Welsh council—

(a)subsection (2) above does not apply; but

(b)before providing any conveniences under subsection (1) above outside their county or county borough they shall give notice of their intention to do so to the Welsh council or, as the case may be, the district council in whose area the conveniences will be situated.

over 01/04/1996

11In section 116(3) of that Act (notice of application to stop up or divert highway), after paragraph (a) insert—E+W

(aa)if the highway is in Wales, the Welsh council for the area in which it is situated if they are not the highway authority for it; and;

and after “by the district council” insert “ or Welsh council ”.

over 01/04/1996

12In 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 ”.E+W

over 01/04/1996

13In section 151 of that Act (prevention of soil etc. being washed on to street), after subsection (1) insert—E+W

(1A)In relation to a street in Wales, the competent authorities for the purposes of this section are the highway authority for the street and, if different, the Welsh council in whose area the street is situated.

over 01/04/1996

14In section 154 of that Act (overhanging and dangerous trees etc.), after subsection (1) insert—E+W

(1A)In subsection (1)(a) above, any reference to a district includes a reference to a Welsh county or county borough.

over 01/04/1996

15In section 166 of that Act (forecourt abutting on streets), in subsection (5), after “Middle Temple,” insert “ a Welsh council ”.E+W

over 01/04/1996

16In section 185 of that Act (power to install refuse or storage bins in streets), in subsection (1)(a), for “also” substitute “ if different ”.E+W

over 01/04/1996

17In section 204(2) of that Act (advance payments code), at the end add—E+W

(3)The areas in which the advance payments code applies by virtue of subsection (2)(b) above shall be taken to include any area in Wales—

(a)which is, or is in, a county borough; and

(b)in which the code applied immediately before 1st April 1996 by virtue of that subsection.

over 01/04/1996

18(1)Section 205 of that Act (street works in private streets), is amended as follows.E+W

(2)After subsection (4) insert—

(4A)In the case of a street in Wales—

(a)subsection (4) above does not apply; but

(b)if the street works referred to in the resolution under subsection (1) above—

(i)are to be carried out in a part of the street which is treated as being in the area of a street works authority other than the local Welsh council for it; and

(ii)include the sewering of the street,

the proper officer of the council which are the street works authority shall, when preparing the specification required by subsection (3) above, consult the local Welsh council for it.

(3)At the end of subsection (5) add—

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.

(5A)For the purposes of this section, the local Welsh council for a street in Wales are the council of the county or county borough in which it is situated.

over 01/04/1996

19In 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. ”E+W

over 01/04/1996

20In section 219 of that Act, (exceptions to application of advance payments code), after subsection (4) insert—E+W

(4A)In subsection (4)(c) above, “district council” is to be read in relation to plans deposited on or after 1st April 1996 for a building to be erected in Wales as “Welsh council”.

over 01/04/1996

21In 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—E+W

(2A)Where any required plans which—

(a)are deposited with a Welsh council; and

(b)relate to the erection of a building in an area—

(i)in which the advance payments code is in force; but

(ii)which is treated as being within the area of a street works authority other than that Welsh council,

are passed, the Welsh council shall, in any case to which section 219 above may be applicable, within one week inform the street works authority of that event.

over 01/04/1996

22In section 223 of that Act (determination to cease to have effect when plans not proceeded with), at the end add—E+W

(7)In any case—

(a)to which this section may be applicable; and

(b)which relates to plans for the erection of a building in any part of a street in Wales which is treated as being in the area of a street works authority other than the Welsh council for the county or county borough in which it is situated,

the Welsh council shall within one week inform the street works authority of the happening of any event of a kind described in paragraphs (a) to (c) of subsection (6) above.

over 01/04/1996

23In 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 ”.E+W

over 01/04/1996

24In section 264 of that Act (vesting of drains etc. of certain roads), at the end insert—E+W

(4)Subsection (3)(a) above does not apply in Wales.

over 01/04/1996

25After section 272(5) of that Act (advances for purposes of works under section 96) insert—E+W

(5A)In relation to any work done in exercise of their powers under section 96 by a Welsh council in a highway within their area for which they are not the highway authority, subsection (5) above applies as though the reference to a district council were a reference to the Welsh council.

over 01/04/1996

26In 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”.E+W

over 01/10/1995

27(1)Section 329 of that Act (further provision as to interpretation) is amended as follows.E+W

(2)In subsection (1)—

(a)in the definition of “local authority”, at the end add “but, in relation to Wales, means a Welsh council”; and

(b)at the end add—

Welsh council” means the council of a Welsh county or county borough.

(3)After subsection (2) insert—

(2A)In this Act—

(a)any reference to a county shall be construed in relation to Wales as including a reference to a county borough;

(b)any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and

(c)section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

(4)After subsection (3) of that section insert—

(3A)In a case where two or more communities are grouped under a common community council, references in this Act to a community are to be construed as references to those communities.

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Commencement Information

I33Sch. 7 para. 27 wholly in force at 1.4.1996; Sch. 7 para. 27 not in force at Royal Assent see s. 66; Sch. 7 para. 27(4) in force at 1.10.1995 by S.I. 1995/2490, art. 4(1), Sch. 2 (subject to art. 4(2)(3)); Sch. 7 para. 27(1)-(3) in force at 1.4.1996 by S.I. 1996/396, art. 3, Sch. 1

over 01/04/1996

28In Schedule 9 to that Act (improvement lines and building lines), after paragraph 2 insert—E+W

2AParagraph 2 above does not apply in relation to a street or highway in Wales.

over 01/04/1996

29In 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 ”.E+W

over 01/04/1996

The Conwy Tunnel (Supplementary Powers) Act 1983 (c. 7)E+W+S+N.I.

30In 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 ”.E+W+S+N.I.

over 01/04/1996

The Level Crossings Act 1983 (c. 16)E+W+S

31In section 1(11) of the Level Crossings Act 1983 (interpretation), in the definition of “local authority”—E+W+S

(a)omit “and Wales”, and

(b)after “City of London” insert “, in relation to Wales, means any council of a county or county borough”.

over 01/04/1996

The New Roads and Street Works Act 1991 (c. 22)E+W

32(1)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—E+W

(1A)In subsection (1), the reference to a district council, is to be read, in relation to Wales, as a reference to a county council or a county borough council.

(2)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 ”.

over 01/04/1996

The Severn Bridges Act 1992 (c. 3)E+W+S+N.I.

33(1)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 ”.E+W+S+N.I.

(2)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 ”.

(3)In of Schedule 3 to that Act (other highway works)—

(a)in paragraph 6(4)(b), for “Gwent County Council” substitute “ Monmouthshire County Council ”; and

(b)in paragraph 8(3), omit “Gwent County Council”.

over 01/04/1996

The Transport and Works Act 1992 (c. 42)E+W+S

34(1)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, ”.E+W+S

(2)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 ”.

(3)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, ”.

over 01/04/1996

Part IIE+W Road Traffic and Transport

The Transport Act 1968 (c. 73)E+W+S

35In section 159 of the Transport Act 1968 (interpretation), at the end add—E+W+S

(3)In this Act—

(a)any reference to a county (other than one to a metropolitan county) shall be construed in relation to Wales as including a reference to a county borough;

(b)any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and

(c)section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

The Public Passenger Vehicles Act 1981 (c. 14)E+W+S

36In section 82 of the Public Passenger Vehicles Act 1981 (general interpretation provisions), at the end add—E+W+S

(3)In this Act—

(a)any reference to a county shall be construed in relation to Wales as including a reference to a county borough;

(b)any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and

(c)section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

The Transport Act 1981 (c. 56)E+W+S

37In section 35 of the Transport Act 1981 (charges for licensing of cabs and cab drivers), after subsection (3) insert—E+W+S

(3A)In subsection (3) above, references to a district council shall be read, in relation to Wales, as references to a county council or a county borough council.

The Road Traffic Regulation Act 1984 (c. 27)E+W+S

38(1)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—E+W+S

(7A)Subsection (7) above does not apply in Wales.

(2)In section 44 of that Act (control of off-street parking outside Greater London)—

(a)in subsection (1)(a), for “Welsh counties” substitute “ Welsh counties or county boroughs, by the county council or (as the case may be) county borough council ”; and

(b)in subsection (3)(b) omit “and counties in Wales”.

(3)In section 45(7) of that Act (definition of “local authority” for purposes of sections making provision for parking on highways)—

(a)in paragraph (b), for the words “or of a district” substitute “ or county borough ”; and

(b)omit “in England and Scotland” and the words from “and in Wales” to the end.

(4)In section 49 of that Act (supplementary provisions as to designation orders and designated parking places), omit subsection (3).

(5)Omit section 54 of that Act (designation orders in Wales).

(6)In section 55 of that Act (financial provisions relating to designation orders)—

(a)in subsections (2) and (4)(a) after “general fund” insert “ or, in Wales, council fund ”; and

(b)omit subsection (6).

(7)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—

(2A)In subsection (2) above, paragraph (b) and the words which follow it do not apply in relation to Wales.

(8)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 ”.

(9)In section 125(4) of that Act (boundary roads), omit the words from “or, in relation to” to the end.

(10)In section 142 of that Act (interpretation), after subsection (1) insert—

(1A)In this Act—

(a)any reference to a county shall be construed in relation to Wales as including a reference to a county borough;

(b)any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and

(c)section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

(11)In Schedule 9 to that Act (special provisions as to certain orders)—

(a)omit paragraph 11;

(b)in paragraph 24, for “sections 39 and 54” substitute “ section 39 ”; and

(c)in paragraph 27(2), omit “54(5)”.

The Transport Act 1985 (c. 67)E+W+S

39(1)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”.E+W+S

(2)In section 64(1) of that Act (consultation and publicity with respect to policies as to services), omit “and Wales”.

(3)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 ”.

(4)Section 81 of that Act (provision, maintenance and operation of bus stations) is amended as provided in subsections (5) to (7).

(5)After subsection (2) insert—

(2A)Where, immediately before 1st April 1996, a council (the “former council”) had power, by virtue of subsection (2) above, to maintain, repair and operate a bus station and any associated facilities, that power is, on and after that date, exercisable—

(a)where the bus station and any such associated facilities—

(i)was or were, immediately before 1st April 1996, situated wholly within the area of the former council, and

(ii)is or are, on and after that date, situated wholly within a single Welsh county or county borough,

by the council of that county or county borough; and

(b)in any other case, by such Welsh county council or county borough council as the Secretary of State may by order designate.

(6)After subsection (5) of that section insert—

(5A)Any Welsh county council or county borough council by whom any power is exercisable in relation to a bus station and any associated facilities by virtue of subsection (2A) above shall have power—

(a)to make reasonable charges for the use of accommodation for public service vehicles at that bus station; and

(b)to make reasonable charges for the use of, or let on hire to any person, those facilities (if any).

(7)In subsection (6) of that section, for “(3) or (5)” substitute “ (3), (5) or (5A) ”.

(8)In section 87 of that Act (interpretation of Part IV), at the end add— and

(f)references to a district council shall be read, in relation to Wales, as references to a county council or county borough council, and references to a district shall be so read as references to a county or, as the case may be, county borough.

(9)In section 105 of that Act (travel concessions on services provided by local authorities), after subsection (2) insert—

(2A)In subsection (2) above, the reference to the general fund shall be read, in relation to Wales, as a reference to the council fund.

(10)In section 137 of that Act (general interpretation), after subsection (2) insert—

(2A)In this Act—

(a)any reference to a county shall be construed in relation to Wales as including a reference to a county borough;

(b)any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and

(c)section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

The Road Traffic Act 1988 (c. 52)E+W+S

40(1)In section 192 of the Road Traffic Act 1988 (general interpretation of Act), after subsection (1) insert—E+W+S

(1A)In this Act—

(a)any reference to a county shall be construed in relation to Wales as including a reference to a county borough; and

(b)section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

(2)In paragraph 1(b) of Schedule 2 to that Act (deferred tests of condition of vehicles)—

(a)omit “and Wales”; and

(b)after “Greater London” insert “ in such county or county borough in Wales ”.

The Road Traffic Offenders Act 1988 (c. 53)E+W+S

41(1)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.E+W+S

(2)In subsection (5)—

(a)for “or district” substitute “ or county borough ”; and

(b)omit the words from “except, in Wales,” to the end.

(3)After subsection (7) add—

(8)In relation to Wales, any reference in subsections (1) to (4) above to a county shall be read as including a reference to a county borough.

The Road Traffic Act 1991 (c. 40)E+W+S

42In section 47 of the Road Traffic Act 1991 (applications for licences to drive hackney carriages etc.), after subsection (2) add—E+W+S

(3)In subsection (2), the reference to a district council shall be read in relation to Wales as including a reference to a county council or county borough council.

43In Schedule 3 to the Road Traffic Act 1991 (permitted and special parking areas outside London)—

(a)in paragraphs 1(1)(a) and 2(1)(a), omit “and Wales”;

(b)after paragraphs 1(1)(a) and 2(1)(a) insert, in both places—

(aa)with respect to the whole, or any part, of their area, by a county council or county borough council in Wales;; and

(c)omit paragraphs 1(1)(e) (except the word “or” immediately before paragraph (f)) and (2) and 2(2).

over 01/10/1995

Section 22(2).

SCHEDULE 8E+W+S Housing

over 01/04/1996

The Leasehold Reform Act 1967 (c. 88)E+W

1(1)In section 28 of the Leasehold Reform Act (retention or resumption of land required for public purposes), after subsection (6) insert—E+W

(6A)In subsections (5) and (6) above, any reference to a county council shall be read, in relation to Wales, as including a reference to a county borough council.

(2)In Schedule 4A to that Act (exclusion of certain shared ownership leases), in paragraph 2(2)(a), after “county,” insert “ county borough, ”.

over 01/04/1996

The Rent (Agriculture) Act 1976 (c. 80)E+W

2In 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 ”.E+W

The Rent Act 1977 (c. 42)E+W

3(1)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 ”.

(2)In section 62 of that Act (registration areas for registration of rents), in paragraph (a), after “counties” insert “ and county boroughs ”.

(3)In section 83 of that Act (local authorities for Part V), in paragraph (a), after “question,” insert—

(aa)in a Welsh county or county borough, the council of the county or county borough in question,.

(4)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 ”.

(5)In section 149 of that Act (powers of local authorities for the purposes of giving information), in subsection (2), after paragraph (a) insert—

(aa)councils of Welsh counties and county boroughs;.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34Sch. 8 para. 3 wholly in force at 1.4.1996; Sch. 8 para. 3 not in force at Royal Assent see s. 66; Sch. 8 para. 3(2) in force at 1.10.1995 for certain purposes and 1.4.1996 otherwise by S.I. 1995/2490, art. 4(1), Sch. 2 (subject to art. 4(2)(3)); Sch. 8 para. 3(1)(3)-(5) in force at 1.4.1996 by S.I. 1996/396, art. 3, Sch. 1

over 01/04/1996

The Protection from Eviction Act 1977 (c. 43)E+W

4(1)In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences), in subsection (8)(a), after “county,” insert “ county borough, ”.E+W

(2)In section 6 of that Act (prosecution of offences), after paragraph (a) insert—

(aa)councils of Welsh counties and county boroughs;.

over 01/04/1996

The Housing Act 1985 (c. 68)E+W

5(1)In section 1 of the Housing Act 1985 (local housing authorities), after “City of London” insert “ a Welsh county council or county borough council ”.E+W

(2)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, ”.

(3)In section 4 of that Act (other descriptions of authority), in paragraph (e), after “county,” insert “ county borough, ”.

(4)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—

(2A)Where a Welsh county council or county borough council propose to exercise the power in England they shall before doing so give notice of their intention to the council of the county in which they propose to exercise the power, but failure to give notice does not invalidate the exercise of the power.;

and, in subsection (3), after “county,” insert “ county borough, ”.

(5)In section 16(2) of that Act (exercise outside Greater London of powers of authorities in London), after “district” insert “ or, in Wales, of the county or county borough ”.

(6)In section 28 of that Act (reserve powers to provide housing accommodation), in subsection (1), after “councils” insert “ in England ”.

(7)In sections 105(6)(b) and 106(3)(b) of that Act (consultation on matters of housing management and information about housing allocation), after “district” insert “ , Welsh county or county borough ” in each place.

over 01/04/1996

The Housing Associations Act 1985 (c. 69)E+W

6(1)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 ”.E+W

(2)In section 106(1) of that Act (minor definitions: general), in the definition of “local authority”, after “county,” insert “ county borough, ”.

over 01/04/1996

The Landlord and Tenant Act 1985 (c. 70)E+W

7In section 38 of the Landlord and Tenant Act 1985 (minor definitions), in the definition of “local authority” after “county” insert “ county borough ”.E+W

over 01/04/1996

The Landlord and Tenant Act 1987 (c. 31)E+W

8In section 58 of the Landlord and Tenant Act 1987 (exempt landlords and resident landlords), in subsection (1)(a) after “county” insert “ , county borough ”.E+W

over 01/04/1996

The Housing Act 1988 (c. 50)E+W

9(1)In section 66(4) of the Housing Act 1988 (planning control), in paragraph (a), immediately before “Greater London” insert “ Wales, ”.E+W

(2)In Schedule 1 to that Act (tenancies which cannot be assured tenancies), in paragraph 12(2)(a) (local authority tenancies etc.), after “county,” insert “ county borough, ”.

over 01/04/1996

The Local Government and Housing Act 1989 (c. 42)E+W

10(1)In section 114 of the Local Government and Housing Act 1989 (approval of applications to provide certain facilities for the disabled), in subsection (1), for “the local housing authority” substitute “ a local housing authority in England ”.

(2)In section 127(3) of that Act (ineligibility for certain bodies as assisted participants in group repair scheme), in paragraph (a) after “county,” insert “ county borough, ”.

(3)In section 172 of that Act (transfer of new town housing stock)—

(a)in subsections (2)(a) and (7)(c), after “district council” insert “ or Welsh county council or county borough council ” in both places; and

(b)in subsection (2)(a), for second “district” substitute “ area ”.

over 01/04/1996

The Social Security Administration Act 1992 (c. 5)E+W+S

11In 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, ”.E+W+S

Section 22(3).

SCHEDULE 9E+W+S Public Health

over 01/04/1996

The Celluloid and Cinematograph Film Act 1922 (c. 35)E+W+S

1In 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 ”.E+W+S

over 01/04/1996

The Petroleum (Consolidation) Act 1928 (c. 32)E+W+S

2In 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 ”.E+W+S

over 01/04/1996

The Public Health Act 1936 (c. 49)E+W

3(1)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—E+W

(aa)in Wales, the county council or county borough council as respects all matters, without prejudice, however, to the exercise by a community council of any powers conferred upon such a council;.

(2)In subsection (2) of section 1—

(a)in the definition of “district”, at the end add “ and, in relation to a local authority in Wales, means a county or (as the case may be) county borough ”; and

(b)in the definition of “local authority”, at the end add “but, in relation to Wales, means the council of a county or county borough”.

(3)In section 6 of that Act (union of districts, etc.), at the end add—

(6)In relation to Wales, the proviso in subsection (2) of this section does not apply and subsection (4) of this section applies as if the words “and also the county council” and “or council” were omitted.

(4)In section 267 of that Act (application to ships and boats), after subsection (2) insert—

(2A)Subsection (2) of this section does not apply if the point on land which is nearest to the spot where the vessel is lying is in Wales.

(5)In section 309 of that Act (expenses of joint boards), at the end add—

(6)In subsection (5) of this section, the reference to a county council shall not include a reference to the council of a Welsh county or county borough.

over 01/04/1996

The Rag Flock and Other Filling Materials Act 1951 (c. 63)E+W+S

4In section 35 of the Rag Flock and Other Filling Materials Act 1951 (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;”.

over 01/04/1996

The Nurses Agencies Act 1957 (c. 16)E+W

5In 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.”E+W

over 01/04/1996

The Scrap Metal Dealers Act 1964 (c. 69)E+W

6In section 9(2) of the Scrap Metal Dealers Act 1964 (interpretation), in the definition of “local authority”, after “London borough” insert “ but, in relation to Wales, means the council of a county or county borough ”.E+W

over 01/04/1996

The Riding Establishments Act 1964 (c. 70)E+W+S

7In 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; ”.E+W+S

over 01/04/1996

The Fire Precautions Act 1971 (c. 40)E+W+S

8In 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—E+W+S

(aa)as respects Wales, the council of a county or county borough;.

over 01/04/1996

The Health and Safety at Work etc. Act 1974 (c. 37)E+W+S

9In 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—E+W+S

(aa)in relation to Wales, a county council or a county borough council,.

over 01/04/1996

The Control of Pollution Act 1974 (c. 40)E+W+S

10(1)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 ”.E+W+S

(2)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—

(6)In the application of this Part of this Act to Wales—

  • collection authority” means a county council or county borough council; and

  • disposal authority” means a county council or county borough council.

(3)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—

(aa)in Wales, the council of a county or a county borough;.

(4)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—

(aa)in Wales, the Secretary of State, a county council or a county borough council and, for the purposes of sections 91 to 93 of this Act, a sewerage undertaker; and.

(5)In section 105(1) of that Act (general interpretation), after “county” insert, “county borough”.

over 01/04/1996

The Refuse Disposal (Amenity) Act 1978 (c. 3)E+W+S

11In 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 ”.E+W+S

over 01/04/1996

The Litter Act 1983 (c. 35)E+W+S

12The 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—E+W+S

(2)In the application of this Act in relation to Wales, any reference to a county shall be read as including a reference to a county borough and any reference to a county council shall be read as including a reference to a county borough council.

over 01/04/1996

The Public Health (Control of Disease) Act 1984 (c. 22)E+W

13(1)In section 1 of the Public Health (Control of Disease) Act 1984 (authorities administering the Act), in subsection (1), after paragraph (a) insert—E+W

(aa)in Wales, a county council or county borough council,;

and in subsection (4)(c), after “county councils” insert “ or county borough councils ”.

(2)In section 13 of that Act (regulations for control of certain diseases), in subsection (4)(a), after “county councils,” insert “ county borough councils, ”.

(3)In section 53 of that Act (interpretation of Part IV), in the definition of “canal”, after “county” insert “or county borough”.

(4)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”.

(5)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”.

over 01/04/1996

The Food Act 1984 (c. 30)E+W

14In 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 ”.E+W

over 01/04/1996

The Building Act 1984 (c. 55)E+W

15(1)In section 18 of the Building Act 1984 (building over sewer etc.), after subsection (2) insert—E+W

(2A)In subsection (2) above, the reference to the council of the district or borough shall be read, in relation to Wales, as a reference to the council of the county or county borough.

(2)In section 87 of that Act (application of provisions to Crown property), after subsection (2) insert—

(2A)Subsection (2) above shall apply in relation to property in Wales as if—

(a)in paragraph (a) the reference to a county included a reference to a county borough; and

(b)paragraph (b) were omitted.

(3)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; ”.

over 01/04/1996

The Food Safety Act 1990 (c. 16)E+W+S

16(1)In section 5 of the Food Safety Act 1990 (definition of food authority), in subsection (1) omit “and Wales”, and after that subsection insert—E+W+S

(1A)Subject to subsection (3)(a) and (b) below, the food authorities in Wales are, as respects each county or county borough, the council of that county or county borough.

(2)In section 27(5) of that Act (appointment of public analysts), after “district” insert “ in England ”.

The Environmental Protection Act 1990 (c. 43)E+W

Prospective

F117(1)In section 4(11) of the Environmental Protection Act 1990 (which defines “local authority” for the purposes of Part I), in paragraph (b), at the beginning insert “in England” and after “Isles of Scilly;” insert—

(bb)in Wales, a county council or county borough council;.

(2)In section 30 of that Act (authorities for purposes of Part II), for [F2subsection (2)(f)] substitute—

(f)for any county or county borough in Wales, the council of the county or county borough;.

(3)In subsection (3) of section 30, in paragraph (a) omit “and Wales” and after paragraph (b) insert—

(bb)for any county or county borough in Wales, the council of the county or county borough;.

F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)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—

(bb)in Wales, a county council or county borough council;.

(6)In section 86 of that Act (preliminary provisions relating to litter), in subsection (2), after paragraph (a) insert—

(aa)a county borough council,.

(7)In subsection (9)(b) of section 86, at the beginning insert “in England” and after “district;” insert—

(bb)in Wales, the council of the county or county borough;.

(8)In section 88 of that Act (fixed penalty notices for leaving litter), in subsection (9)—

(a)in paragraph (a), for “a county” substitute “ an English county ”; and

(b)in paragraph (b), immediately before “county council” insert “ English ”.

(9)In that Act, in each of—

(a)section 90(3) (litter control areas),

(b)section 92(1) (summary proceedings by litter authorities), and

(c)section 95(1) (public registers),

for “a” immediately before “county council” substitute “ an English ”, and immediately before each of “regional” and “joint” insert “ a ”.

(10)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 ”.

(11)In section 99(5) of that Act (provisions relating to abandoned trolleys), in paragraph (d), after “Isles of Scilly;” insert—

(dd)in Wales, the council of a county or county borough;.

[F4(12)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—

(bb)in Wales, a county council or county borough council;.]

(13)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 ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Sch. 9 para. 17 partly in force; Sch. 9 para. 17 not in force at Royal Assent see s. 66; Sch. 9 para. 17(1) in force for certain purposes, Sch. 9 para. 17(2)(3)(5)-(13) in force at 1.4.1996 by S.I. 1996/396, art. 3, Sch. 1

17(1)In section 4(11) of the Environmental Protection Act 1990 (which defines “local authority” for the purposes of Part I), in paragraph (b), at the beginning insert “in England” and after “Isles of Scilly;” insert—

(bb)in Wales, a county council or county borough council;.

(2)In section 30 of that Act (authorities for purposes of Part II), for each of subsections (1)(f) and (2)(f) substitute—

(f)for any county or county borough in Wales, the council of the county or county borough;.

(3)In subsection (3) of section 30, in paragraph (a) omit “and Wales” and after paragraph (b) insert—

(bb)for any county or county borough in Wales, the council of the county or county borough;.

(4)In section 50(5)(a) of that Act (consultation in relation to waste disposal plans), omit sub-paragraph (iii).

(5)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—

(bb)in Wales, a county council or county borough council;.

(6)In section 86 of that Act (preliminary provisions relating to litter), in subsection (2), after paragraph (a) insert—

(aa)a county borough council,.

(7)In subsection (9)(b) of section 86, at the beginning insert “in England” and after “district;” insert—

(bb)in Wales, the council of the county or county borough;.

(8)In section 88 of that Act (fixed penalty notices for leaving litter), in subsection (9)—

(a)in paragraph (a), for “a county” substitute “ an English county ”; and

(b)in paragraph (b), immediately before “county council” insert “ English ”.

(9)In that Act, in each of—

(a)section 90(3) (litter control areas),

(b)section 92(1) (summary proceedings by litter authorities), and

(c)section 95(1) (public registers),

for “a” immediately before “county council” substitute “ an English ”, and immediately before each of “regional” and “joint” insert “ a ”.

(10)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 ”.

(11)In section 99(5) of that Act (provisions relating to abandoned trolleys), in paragraph (d), after “Isles of Scilly;” insert—

(dd)in Wales, the council of a county or county borough;.

(12)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—

(bb)in Wales, a county council or county borough council;.

(13)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 ”.

over 01/04/1996

The Clean Air Act 1993 (c. 11)E+W+S

18In 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—E+W+S

(aa)in Wales, the council of a county or county borough;.

Section 22(4).

SCHEDULE 10E+W+S+N.I. Social Services

over 01/04/1996

The Children and Young Persons Act 1933 (c. 12)E+W

1(1)Section 96 of the Children and Young Persons Act 1933 (provisions as to local authorities) is amended as follows.

(2)In subsection (1A), at the end add “but, in relation to Wales, shall be the councils of counties and county boroughs”.

(3)After subsection (4) insert—

(4A)Subsection (4) above does not apply in relation to the council of any Welsh county or county borough.

over 01/04/1996

The National Assistance Act 1948 (c. 29)E+W+S

2(1)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 ”.E+W+S

(2)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 ”.

over 01/04/1996

The Disabled Persons (Employment) Act 1958 (c. 33)E+W+S

3In 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 ”.E+W+S

over 01/04/1996

The Children and Young Persons Act 1963 (c. 37)E+W+S

4(1)In section 56 of the Children and Young Persons Act 1963 (prosecution of certain offences), after subsection (1) insert—

(1A)Subsection (1) above shall have effect in relation to Wales as if the reference to a county were a reference to a Welsh county or county borough.

(2)In section 63 of that Act (interpretation), in subsection (1A), after “metropolitan counties),” insert “ of county boroughs, ”.

over 01/04/1996

The Health Services and Public Health Act 1968 (c. 46)E+W+S

5(1)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, ”.E+W+S

(2)In section 64 of that Act (financial assistance to certain voluntary organisations), in subsection (3)(b), after “non-metropolitan county,” insert “ county borough, ”.

(3)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, ”.

over 01/04/1996

The Children and Young Persons Act 1969 (c. 54)E+W

6In 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, ”.E+W

over 01/04/1996

The Local Authority Social Services Act 1970 (c. 42)E+W

7In 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 ”.E+W

over 01/04/1996

The Chronically Sick and Disabled Persons Act 1970 (c. 44)E+W+S

8In 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 ”.E+W+S

over 01/04/1996

The Adoption Act 1976 (c. 36)E+W

9In section 72(1) of the Adoption Act 1976 (interpretation), 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 ”.

over 01/04/1996

The Supplementary Benefits Act 1976 (c. 71)E+W+S

10In Schedule 5 to the Supplementary Benefits Act 1976 (re-establishment courses and resettlement units)—E+W+S

(a)in paragraph 2(2), after “counties” insert “ , of county boroughs ”; and

(b)in paragraph 4(2), after “county,” insert “ a county borough, ”.

The National Health Service Act 1977 (c. 49)E+W

Prospective

11(1)In section 22 of the National Health Service Act 1977 (co-operation between health authorities and local authorities), in the Table, in column 2 of the entry relating to an Area or District Health Authority in Wales, after “county” insert “ or county borough ” and after first “district” insert “ in England ”.

(2)In section 28A of that Act (power to make payments towards expenditure on community services), in subsection (2)(b), after “district council,” insert “ or to a Welsh county council or county borough council, ”.

(3)In section 128(1) of that Act (interpretation)—

(a)in the definition of “local authority”, after “county council,” insert “ a county borough council, ”; and

(b)in the definition of “local social services authority”, after “county,” insert “ of a county borough ”.

(4)In Schedule 7 to that Act (Community Health Councils), in paragraph 7, in the definition of “local authority”, for “of a county or district mentioned in section 20(3) of that Act (which relates to Wales)” substitute “ the council of a Welsh county or county borough ”.

over 01/04/1996

The Health and Social Services and Social Security Adjudications Act 1983 (c. 41)E+W+S

12In Part II of Schedule 9 to the Health and Social Services and Social Security Adjudications Act 1983 (meals and recreation for old people)—E+W+S

(a)in paragraphs 1 and 2, after “council” insert “ or Welsh county council or county borough council ” in each place; and

(b)in paragraph 3, after “district councils” insert “ or Welsh county councils or county borough councils ” in all places.

over 01/04/1996

The Children Act 1989 (c. 41)E+W+S

13In 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”.E+W+S

over 03/04/1995