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Lieutenancies Act 1997

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 1(4).

SCHEDULE 1Counties and areas for the purposes of the lieutenancies in Great Britain

Preliminary

1The provisions of this Schedule identify the areas which constitute counties in England, counties in Wales or areas in Scotland for the purposes of the lieutenancies in Great Britain.

Counties in England

2The counties in England for the purposes of this Act are—

(a)Greater London (excluding the City of London);

(b)the areas which are to be regarded as counties for those purposes by virtue of paragraph 3; and

(c)any other areas in England which are counties for the purposes of the [1972. c. 70.] Local Government Act 1972.

3The local government areas (or parts of local government areas) described in each entry in the second column of the following Table shall be regarded for the purposes of this Act as one county to be known by the name specified in the first column.

Table

County for the purposes of this ActLocal government areas
BedfordshireBedfordshire and Luton
BuckinghamshireBuckinghamshire and Milton Keynes
DerbyshireDerbyshire and Derby
DorsetDorset, Bournemouth and Poole
DurhamDurham, Darlington, Hartlepool and so much of Stockton-on-Tees as lies north of the line for the time being of the centre of the River Tees
The East Riding of YorkshireThe East Riding of Yorkshire and Kingston upon Hull (City of)
East SussexEast Sussex and Brighton and Hove
GloucestershireGloucestershire and South Gloucestershire
HampshireHampshire, Portsmouth and Southampton
LeicestershireLeicestershire and Leicester
LincolnshireLincolnshire, North Lincolnshire and North East Lincolnshire
North YorkshireNorth Yorkshire, Middlesbrough, Redcar and Cleveland, York and so much of Stockton-on-Tees as lies south of the line for the time being of the centre of the River Tees
SomersetSomerset, Bath and North East Somerset and North Somerset.
StaffordshireStaffordshire and Stoke-on-Trent
WiltshireWiltshire and Thamesdown.

4The City of London shall be treated as a county for the purposes of sections 5 and 6.

5The Isles of Scilly shall be treated as part of the county of Cornwall for the purposes of this Act.

Counties in Wales

6The counties in Wales for the purposes of this Act are the preserved counties, that is to say, the counties in Wales as they stood immediately before the passing of the [1994 c. 19.] Local Government (Wales) Act 1994 (but subject to any redrawing of their boundaries by or under that Act or the [1972 c. 70.] Local Government Act 1972).

Areas in Scotland

7The areas in Scotland for the purposes of this Act are—

(a)the cities of Aberdeen, Dundee, Edinburgh and Glasgow; and

(b)the areas specified in an Order in Council under paragraph 8.

8Her Majesty may by Order in Council divide Scotland (apart from the cities of Aberdeen, Dundee, Edinburgh and Glasgow) into such areas for the purposes of this Act as She thinks fit.

9Any deputy lieutenant who, immediately before the date on which an Order in Council under paragraph 8 is made, holds office for an area affected by the Order shall (without prejudice to any power of removal or directing removal from any office) continue to hold office on and after that date as deputy lieutenant for the area in which he resides or for such other area as may be specified in the Order.

Section 8(3).

SCHEDULE 2Transitional and saving provisions

General

1The substitution of this Act for the enactments repealed or revoked by this Act does not affect the continuity of the law.

2Anything done (including subordinate legislation made) or having effect as done under a provision reproduced in this Act has effect as if done under the corresponding provision of this Act.

3References (express or implied) in this Act or any other enactment, instrument or document to a provision of this Act shall, so far as the context permits, be construed as including, in relation to times, circumstances and purposes before the commencement of this Act, a reference to corresponding earlier provisions.

4A reference (express or implied) in any enactment, instrument or document to a provision reproduced in this Act shall be construed, so far as is required for continuing its effect, as being or, as the case may require, including a reference to the corresponding provision of this Act.

5Any document made, served or issued on or after the commencement of this Act which contains a reference to any provision reproduced by this Act shall be construed, except so far as a contrary intention appears, as referring or, as the case may require, including a reference to the corresponding provision of this Act.

Continuation in office of current office-holders

6Nothing in this Act prevents the continuation in office of a lord-lieutenant, lieutenant or deputy lieutenant of a county or area who is in office immediately before the commencement of this Act.

This paragraph is without prejudice to any power of removal or directing removal from any office.

7The repeal by this Act of paragraphs 13(2) and 14(2) of Schedule 8 to the [1996 c. 14.] Reserve Forces Act 1980 does not affect the operation of any Order in Council or order having effect as made under either of those paragraphs in relation to any person to whom that paragraph applied immediately before the commencement of this Act.

Old references to the lieutenant of a county

8Any reference to a lieutenant of a county or Greater London—

(a)in any enactment passed before the end of the session in which the [1972 c. 70.] Local Government Act 1972 was passed, or

(b)in any instrument made before 26th October 1972 (the date of the passing of that Act),

shall continue to be construed as a reference to the lord-lieutenant of a county or of Greater London (as the case may be).

9Any reference to a lieutenant of a county in Scotland—

(a)in any enactment passed before the end of the session in which the [1973 c. 65.] Local Government (Scotland) Act 1973 was passed, or

(b)in any instrument made before 25th October 1973 (the date of the passing of that Act),

shall continue to be construed as a reference to the lord-lieutenant holding office for an area in Scotland.

Section 8(4).

SCHEDULE 3Repeals

ChapterShort titleExtent of repeal
1964 c. 42.Administration of Justice Act 1964.In section 26, the word “lieutenants”.
1980 c. 9.Reserve Forces Act 1980.Sections 130 to 137.
In section 138, subsection (1), in subsection (2), the words “the lieutenancies and” and from “and so” to the end, and subsections (3) to (5).
In section 156(1), the definition of “area”.
In Schedule 8, paragraphs 13 and 14.
1994 c. 19.Local Government (Wales) Act 1994.Section 61(1) and (5).
1994 c. 39.Local Government etc. (Scotland) Act 1994.In Schedule 13, paragraph 116.
1996 c. 14.Reserve Forces Act 1996.Section 121.
Schedule 6.

TABLE OF DERIVATIONS

Note: The following abbreviations are used in this Table:—

SA 1887

=

The Sheriffs Act 1887

RFA80

=

The Reserve Forces Act 1980 (c. 9)

LGWA

=

The Local Government (Wales) Act 1994 (c. 19)

LGSA

=

The Local Government etc. (Scotland) Act 1994 (c. 39)

RFA96

=

The Reserve Forces Act 1996 (c. 14)

=

The Local Government Changes for England (Miscellaneous Provision) Regulations 1995.

=

The Local Government Changes for England (Sheriffs) Order 1996.

Provision of BillDerivation
1(1)RFA80 ss.130(1)(a),131(1)(a); LGSA Sch.13, para.116(2)(a).
(2)RFA80 s.131(2); LGSA Sch.13, para.116(2)(b).
(3)RFA80 ss.130(1)(b),131(1)(b),(2); LGSA Sch.13, para.116(2)(a).
(4)Drafting.
2(1)RFA80 s.133(1).
(2)RFA80 s.133(2); drafting.
(3)RFA80 s.133(2)(b).
(4)RFA80 s.133(3).
(5)RFA80 s.133(4).
(6)RFA80 s.133(4), 136; RFA96 Sch.6, para.2(b).
(7)RFA80 s.133(5); RFA96 Sch.6, para. 2(c).
3(1)RFA80 s.135(1).
(2)RFA80 s.135(1B); RFA96 Sch.6, para.3.
(3)RFA80 ss.135(1A),136; RFA96 Sch.6, para.3.
(4)RFA80 s.135(1),(2); drafting.
4(1),(2)RFA80 s.134.
5(1), (2)RFA80 s.137(2).
6RFA80 s.137(1); RFA96 Sch.6, para.5.
7(1)RFA80 s.138(1); drafting.
(2)RFA80 s.138(2), (3).
(3)RFA80 s.138(2), (4).
(4)RFA80 s.138(5).
(5)Administration of Justice Act 1964 (c. 42) s.26.
8Drafting.
9(1),(2),(3)Drafting.
(4)RFA80 s.132; drafting.
Schedule 1
para. 1Drafting.
para. 2(a)RFA80 s.130(1), (2)(a).
(b), (c)RFA80 s.130(1A); SA 1887 s.38 (“county”); SI 1995/1748 Regs.8,9.
para. 3RFA80 s.130(1A); SA 1887 Sch.2A; SI 1995/1748 Regs.8,9; SI 1996/2009.
para. 4RFA80 s.138(2),(3).
para. 5RFA80 s.130(2)(b).
para. 6RFA80 s.130(4); LGWA ss.61(1), 64(1) (“preserved county”).
para. 7RFA80 ss.131(1A),(2),156(1) (“area”); LGSA Sch.13, para.116(2)(a).
para. 8RFA80 s.131(1A)(a),(5); LGSA Sch.13, para.116(2)(a), (4).
para. 9RFA80 s.131(1B); LGSA Sch.13, para.116(2)(a), (d).
Schedule 2transitional and saving provisions
Schedule 3repeals

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