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Local Government (Wales) Act 1994

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Commencement Orders bringing legislation that affects this Act into force:

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)

C1S. 54 amended (19.9.1995) by 1995 c. 25, ss. 64(8), 125(2) (with ss. 7(6), 115, 117)

C2S. 54(6): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

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