SCHEDULE 1TRANSFER OF PARTICULAR PROPERTIES
Paragraph (3) of article 10, and paragraph (6) in so far as it applies thereto, shall apply to any question whether any property is historic or ceremonial property
(1) | (2) | (3) |
|---|---|---|
Transferor authority | Property | Transferee authority |
The council of the urban district of Gelligaer | Historic and ceremonial property, and in particular the insignia and plate, of the urban district | The Community Council of Gelligaer |
The corporation of any borough for the whole of the area of which charter trustees are constituted | Historic and ceremonial property other than land and buildings, and in particular the charters, insignia and plate, of the borough | The charter trustees |
The council of the rural district of Ceiriog | The water undertaking of the council other than any land, buildings or works in the area for water supply purposes of the Severn-Trent Water Authority | The Welsh National Water Development Authority |
Any land, buildings or works of the water undertaking in the area for water supply purposes of the Severn-Trent Water Authority | The Severn-Trent Water Authority | |
The county council of Anglesey, the corporation or council of any borough or the council of any urban district or rural district other than Ceiriog | Any water undertaking of the transferor authority, other than any land, buildings or works in England | The Welsh National Water Development Authority |
SCHEDULE 2TRANSFER OF SPECIFIED CLASSES OF PROPERTY, ETC
1
In the following table—
a
“county matters” and “district matters”, in relation to any transferor authority, mean —
i
in the case of property, property (not being excepted property) held for the purposes of functions not exercisable on and after 1st April 1974 by an authority of the relevant class in relation to the transferor authority but so exercisable by the authority specified in respect of the matters transferred in column (4) of the table in this Schedule;
ii
in the case of liabilities, liabilities incurred in relation to such functions;
iii
in the case of contracts, deeds, bonds, agreements and other instruments, and notices, such instruments subsisting and notices given in relation to such functions;
iv
in the case of actions and proceedings and causes of action or proceeding, such actions and proceedings pending or causes existing in relation to such functions;
but if specified as such matters in relation to any area include only such matters being local matters in respect of such area;
b
“community matters”, in relation to any transferor authority, means —
i
in the case of property—
a
property held for the purposes of functions not exercisable on and after 1st April 1974 by county or district councils; and
b
parish property within the meaning of the Local Government Act 1933, the proceeds of sale of such property and any securities in which such proceeds have been invested;
ii
in the case of liabilities, liabilities incurred in relation to such functions or parish property;
iii
in the case of contracts, deeds, bonds, agreements and other instruments, and notices, such instruments subsisting and notices given in relation to such functions or parish property;
iv
in the case of actions and proceedings and causes of action or proceeding, such actions and proceedings pending or causes existing in relation to such functions or parish property;
but if specified as such matters in relation to any area includes only such matters being local matters in respect of such area;
c
“police matters”, “port health matters” and “sewerage and sewage disposal matters” mean —
i
in the case of property, property held for the purposes of the relevant functions;
ii
in the case of liabilities, liabilities incurred in relation to such functions;
iii
in the case of contracts, deeds, bonds, agreements and other instruments, and notices, such instruments subsisting and notices given in relation to such functions; and
iv
in the case of actions and proceedings and causes of action or proceeding, such actions and proceedings pending or causes existing in relation to such functions,
but if specified as such matters in relation to any area include only such matters being local matters in respect of such area, and for the purposes of the foregoing definitions “the relevant functions” means —
(i) in the case of police matters, functions exercisable for police purposes, including the purposes of section 81 of the Road Traffic Regulation Act 1967;
(ii) in the case of port health matters, functions exercisable by the transferor authority as port health authority;
(iii) in the case of sewerage and sewage disposal matters, functions exercisable for the purposes of sewerage and sewage disposal;
d
“local matters”, in relation to any area, means —
i
in the case of property—
a
subject to the provision of paragraph 3, sited property situated in; and
b
other property held exclusively in respect of,
the area;
ii
in the case of liabilities, liabilities incurred exclusively in respect of the area;
iii
in the case of contracts, deeds, bonds, agreements and other instruments, and notices, such instruments subsisting and notices given exclusively in respect of the area;
iv
in the case of actions and proceedings and causes of action or proceeding, such actions and proceedings pending or causes existing exclusively in respect of the area.
2
In paragraph 1, “excepted property” means any property within article 20(1) which is not covered by the provision of article 20(2) and “exercisable” means exercisable otherwise than by virtue of section 101 or 110 of the Act.
3
a
In this Schedule “sited property” means —
i
land;
ii
buildings;
iii
fittings, furniture, equipment and stores supplied in respect of a voluntary school or a controlled community home;
iv
subject to the provision of article 6, lamps, lamp posts and other apparatus for public lighting.
b
The transferor authority may determine that any sited property shall, by reason of the fact that it is used wholly or mainly for an area other than the one in which it is situated, constitute local matters in respect of such other area.
c
If notice is given by any authority concerned that they are dissatisfied with any determination under sub-paragraph (b) or that a determination should have been made thereunder, the question of the area which is to be the relevant area in relation to any sited property in the application of this Schedule shall be determined by agreement between the authorities concerned or failing such agreement by the decision of a person agreed on by such authorities or in default of agreement appointed by the Secretary of State.
4
Article 12 has effect, within the meaning of items 2, 7, 8, 9, 11 and 12 in the table in this Schedule, in relation to any property, where before 1st April 1974, in respect of such property—
an agreement has been entered into under paragraph (3), (4) or (5) of that article;
a determination has been given under paragraph (7) of that article;
notice has been given under paragraph (3) of article 38
and in relation to any liabilities incurred, contracts, deeds, bonds, agreements and other instruments subsisting, notices given, actions and proceedings pending and causes of action or proceeding existing in relation to such property.
(1) | (2) | (3) | (4) |
|---|---|---|---|
Item No. | Transferor authority | Matters transferred | Transferee authority |
1 | The county council of any county | Property acquired by the county council in the exercise of their functions under the Rural Water Supplies and Sewerage Act 1944 or in making contributions to a county district council in respect of works of water supply or sewerage or sewage disposal, in any area | The water authority for sewerage and sewage disposal purposes for the area in which the area described in column (3) is situated |
2 | The county council of Brecon, Denbigh, Glamorgan, Merioneth or Monmouthshire | District matters in relation to any area of the county included in a new district | The council of the district in which the area is comprised |
Other local matters (not being police matters, matters as to which article 12 has effect or matters provided for in item 1) in relation to any area of the county included in a new county | The council of the county in which the area is comprised | ||
3 | The county council of Anglesey, Cardiganshire, Montgomeryshire or Radnorshire | District matters | The council of the district in which the area of the county is comprised |
4 | The county council of Caernarvon, Carmarthenshire, Flintshire or Pembroke | District matters in relation to any area of the county included in a new district | The council of the district in which the area is comprised |
5 | The county council of Brecon, Caernarvon, Carmarthenshire, Denbigh, Flintshire, Glamorgan, Merioneth, Monmouthshire or Pembroke | Land situated outside the county falling within the definition of district matters | The council of the district specified in respect of the county council in column (3) of Part I of Schedule 4 |
6 | The corporation or council of the county borough of Cardiff, Merthyr Tydfil, Newport or Swansea | County matters | The council of the county in which the area of the county borough is comprised |
7 | The council of the urban district of Gelligaer | County matters | The County Council of Mid Glamorgan |
Community matters in relation to any area of the urban district included in a community | The community council of the community | ||
Other local matters (not being sewerage or sewage disposal matters or matters as to which article 12 has effect) in relation to any area of the urban district included in a new district | The council of the district in which the area is comprised | ||
8 | The council of the urban district of Bedwellty | County matters in relation to any area of the urban district included in a new county | The council of the county in which the area is comprised |
Other local matters (not being sewerage or sewage disposal matters or matters as to which article 12 has effect) in relation to any area of the urban district included in a new district | The council of the district in which the area is comprised | ||
Land situated outside the urban district falling within the definition of county matters | The County Council of Gwent | ||
9 | The council of the urban district of Caerphilly | County matters | The County Council of Mid Glamorgan |
Other local matters (not being sewerage or sewage disposal matters or matters as to which article 12 has effect) in relation to any area of the urban district included in a new district | The council of the district in which the area is comprised | ||
10 | The corporation or council of any non-county borough or the council of any urban district not included in items 7, 8 and 9 | County matters | The council of the county in which the area of the borough or urban district is comprised |
Where a community council is established for the area of the borough or urban district under section 27(3) or (4) of the Act, community matters and the historic and ceremonial property, and in particular the charters, insignia and plate, of the borough or district | The community council | ||
11 | The council of the rural district of Gwyrfai, Hawarden, Pontypool or Wrexham | County matters | The council of the county in which the area of the rural district is comprised |
Other local matters (not being sewerage or sewage disposal matters or matters as to which article 12 has effect) in relation to any area of the rural district included in a new district | The council of the district in which the area is comprised | ||
12 | The council of the rural district of Aled, Cardiff, Cowbridge, Crickhowell, Hiraethog, Magor and St Mellons, Neath or Vaynor and Penderyn | County matters in relation to any area of the rural district included in a new county | The council of the county in which the area is comprised |
Other local matters (not being sewerage or sewage disposal matters or matters as to which article 12 has effect) in relation to any area of the rural district included in a new district | The council of the district in which the area is comprised | ||
Land situated outside the rural district falling within the definition of county matters | The council of the county comprising the district whose council is specified in respect of the council of the rural district in column (2) of Part II of Schedule 4 | ||
13 | The council of any rural district not included in items 11 and 12 | County matters | The council of the county in which the area of the rural district is comprised |
14 | The corporation or council of any borough or the council of any urban district or rural district | (a) Rights acquired or liabilities incurred in relation to the cost of construction in any area of any public sewer or sewage disposal works constructed under powers other than the Public Health Act 1936 or enactments replaced by that Act prior to its declaration as a public sewer or sewage disposal works | The authority exercising such powers in that area on and after 1st April 1974 |
(b) Subject to (a), where the area of the borough, urban district or rural district is comprised in the area for sewerage and sewage disposal purposes of one water authority, sewerage and sewage disposal matters | The water authority | ||
(c) Subject to (a), where the area of the borough, urban district or rural district is comprised in the area for sewerage and sewage disposal purposes of two or more water authorities, sewerage and sewage disposal matters being local matters in relation to any area of the borough, urban district or rural district comprised in the area of a water authority | The water authority | ||
15 | The urban district council of Chepstow | Port health matters in respect of the Gloucester (Chepstow Division) Port Health District | The District Council of Monmouth |
SCHEDULE 3AGREEMENTS AS TO THE TRANSFER OF PROPERTY OTHER THAN LAND NOT TRANSFERRED BY ARTICLES 6 TO 11
PART I
(1) | (2) |
|---|---|
The county council of Brecon, Caernarvon, Carmarthenshire, Denbigh, Flintshire, Glamorgan, Merioneth, Monmouthshire or Pembroke | The councils of the districts in which any areas of the county are comprised |
The council of the urban district of Bedwellty or the rural district of Aled, Cardiff, Cowbridge, Crickhowell, Hiraethog, Magor and St Mellons, Neath or Vaynor and Penderyn | The councils of the counties in which any areas of the urban district or rural district are comprised |
The corporation or council of any borough, or the council of any urban district or rural district, which is comprised in the areas for sewerage and sewage disposal purposes of two or more water authorities | The water authorities |
PART II
(1) | (2) |
|---|---|
The county council of Brecon, Denbigh, Glamorgan, Merioneth or Monmouthshire | The councils of the counties in which any areas of the county are comprised |
The council of the urban district of Bedwellty, Caerphilly or Gelligaer, or the rural district of Aled, Cardiff, Cowbridge, Crickhowell, Gwyrfai, Hawarden, Hiraethog, Magor and St Mellons, Neath, Pontypool, Vaynor and Penderyn or Wrexham | The councils of the districts in which any areas of the urban or rural district are comprised |
SCHEDULE 4RESIDUAL TRANSFER OF PROPERTY, ETC
PART I
(1) | (2) | (3) |
|---|---|---|
Transferor authority | Transferee county council | District specified for the purposes of item 5 of the table in Schedule 2 |
The county council of Brecon | The County Council of Powys | Brecknock |
The county council of Caernarvon | The County Council of Gwynedd | Arfon |
The county council of Carmarthenshire | The County Council of Dyfed | Llanelli |
The county council of Denbigh | The County Council of Clwyd | Wrexham Maelor |
The county council of Flintshire | The County Council of Clwyd | Alyn and Deeside |
The county council of Glamorgan | The County Council of Mid Glamorgan | Ogwr |
The county council of Merioneth | The County Council of Gwynedd | Meirionnydd |
The county council of Monmouthshire | The County Council of Gwent | Torfaen |
The county council of Pembroke | The County Council of Dyfed | Preseli |
PART II
(1) | (2) |
|---|---|
Transferor authority | Transferee authority |
The county council of Anglesey | The County Council of Gwynedd |
The county council of Cardiganshire | The County Council of Dyfed |
The county council of Montgomeryshire | The County Council of Powys |
The county council of Radnorshire | The County Council of Powys |
The corporation or council of the county borough of Cardiff, Merthyr Tydfil, Newport or Swansea | The council of the district in which the area of the county borough is comprised |
The council of the urban district of Bedwellty | The District Council of Islwyn |
The council of the urban district of Caerphilly | The District Council of Rhymney Valley |
The council of the urban district of Gelligaer | The District Council of Rhymney Valley |
The council of the rural district of Aled | The District Council of Colwyn |
The council of the rural district of Cardiff | The District Council of Vale of Glamorgan |
The council of the rural district of Cowbridge | The District Council of Vale of Glamorgan |
The council of the rural district of Crickhowell | The District Council of Brecknock |
The council of the rural district of Gwyrfai | The District Council of Arfon |
The council of the rural district of Hawarden | The District Council of Alyn and Deeside |
The council of the rural district of Hiraethog | The District Council of Colwyn |
The council of the rural district of Magor and St Mellons | The District Council of Newport |
The council of the rural district of Neath | The District Council of Neath |
The council of the rural district of Pontypool | The District Council of Monmouth |
The council of the rural district of Vaynor and Penderyn | The District Council of Brecknock |
The council of the rural district of Wrexham | The District Council of Wrexham Maelor |
The corporation or council of any non-county borough or the council of any urban or rural district not included in the preceding items | The council of the district in which the area of the borough, urban district or rural district is comprised |
Any separate parish council | The community council which replaces the parish council |
In any group of parishes, the common parish council and the parish meeting and representative body of every parish in the group | The community council which replaces the parish council |
The parish meeting and representative body of any parish not included in the last preceding item | The council of the district in which the area of the parish is comprised |
Any burial board, joint burial board or joint committee which ceases to exist by virtue of section 214(1) of the Act | The authority or authorities exercising the functions specified in paragraph 1 of Schedule 26 to the Act in relation to the cemeteries and crematoria of the board or committee |
Any joint board which ceases to exist by virtue of section 263(2)(b) of the Act | The authority in whom the functions of the board are vested by section 263(2)(a) of the Act |
Any joint board which ceases to exist by virtue of section 263(3) of the Act | The local authority which becomes the port health authority for the district of the board under the said section 263(3) |
The Dee and Clwyd, Glamorgan, Gwynedd, South West Wales, Usk or Wye River Authority | The Welsh National Water Development Authority |
Any joint board who are statutory water undertakers other than a joint water board within the meaning of the Water Act 1973 | The water authority within whose area for water supply purposes the limits of supply of the transferor authority are comprised |
Any joint sewerage board or joint committee of sewerage authorities | The water authority within whose area for sewerage and sewage disposal purposes the area of the transferor authority is comprised |
The local fisheries committee for the South Wales Sea Fisheries District | The committee as reconstituted |