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Local Government (Wales) Act 1994

Status:

This is the original version (as it was originally enacted).

Transfer of other specific functions

22Transfer of other specific functions

(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.

23Fire services

(1)In section 4 of the [1947 c. 41.] Fire 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.

24Police

(1)In section 1(1) of the [1964 c. 48.] Police 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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