Local Government (Wales) Act 1994

Section 1(3).

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

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

1 The provisions of section 19 of the Defence Act 1842 (valuing of premises in default of agreement) shall be subsection (1) of that section and at the end add— 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).”

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

2 F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Annotations:

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)

F1 Sch. 2 para. 2 repealed (24.11.2005) by Licensing Act 2003 (c. 17 ), ss. 199, 201, {Sch. 7} (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with transitional provisions in art. 3)

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

3 The provisions of section 10 of the Sea Fisheries (Shellfish) Act 1967 (jurisdiction in relation to fishery) shall be subsection (1) of that section and at the end add— 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

4 In 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.”

Annotations:

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

I1 Sch. 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))

5 For 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.”

Annotations:

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

I2 Sch. 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))

6 At 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.”

7 At 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.”

8 For 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.”

Annotations:

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

I3 Sch. 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))

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

9 In 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 M1 Local 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).”

Annotations:

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

I4 Sch. 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

M1 1972 c. 70.

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

F2 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Annotations:

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)

F2 Sch. 2 para. 10 repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)

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;”.

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).”

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

13 In 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).”

Annotations:

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

I5 Sch. 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))