Lieutenancies Act 1997

SCHEDULES

Section 1(4).

SCHEDULE 1 E+W+S Counties and areas for the purposes of the lieutenancies in Great Britain

Preliminary E+W+S

1 E+W+S The 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 E+W+S

2 E+W+S The 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 M1 Local Government Act 1972.

Marginal Citations

M1 1972. c. 70.

3 E+W+S The 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 Act	Local government areas
Bedfordshire	[F1 Bedford, Central Bedfordshire] and Luton
Buckinghamshire	Buckinghamshire and Milton Keynes
[F2 Cambridgeshire	Cambridgeshire and Peterborough]
[F2 Cheshire	[F3 Cheshire East, Cheshire West and Chester, and], Halton and Warrington]
[F4 Cumbria	Cumberland, Westmorland and Furness ]
Derbyshire	Derbyshire and Derby
[F2 Devon	Devon, Plymouth and Torbay]
Dorset	[F5 Bournemouth, Christchurch and Poole and Dorset]
Durham	Durham, 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 Yorkshire	The East Riding of Yorkshire and Kingston upon Hull (City of)
East Sussex	East Sussex and Brighton and Hove
[F2 Essex	Essex, Southend-on-Sea and Thurrock]
Gloucestershire	Gloucestershire and South Gloucestershire
Hampshire	Hampshire, Portsmouth and Southampton
[F2 Kent	Kent and the Medway Towns]
[F2 Lancashire	Lancashire, Blackburn and Blackpool]
Leicestershire	Leicestershire and Leicester
Lincolnshire	Lincolnshire, North Lincolnshire and North East Lincolnshire
[F6 Northamptonshire	North Northamptonshire and West Northamptonshire]
North Yorkshire	North 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
[F2 Nottinghamshire	Nottinghamshire and Nottingham]
[F2 Shropshire	Shropshire and The Wrekin]
Somerset	Somerset, Bath and North East Somerset and North Somerset.
Staffordshire	Staffordshire and Stoke-on-Trent
Wiltshire	Wiltshire and Thamesdown.

Textual Amendments

F1 Words in Sch. 1 para. 3 substituted (1.4.2009) by Local Government (Structural Changes) (Miscellaneous Amendments and Other Provision) Order 2009 (S.I. 2009/837), arts. 1, 10(a)

F2 Entries in Sch. 1 para. 3 inserted (E.W.) (1.4.1998) by S.I. 1997/1992, reg. 2

F3 Words in Sch. 1 para. 3 substituted (1.4.2009) by Local Government (Structural Changes) (Miscellaneous Amendments and Other Provision) Order 2009 (S.I. 2009/837), arts. 1, 10(b)

F4 Words in Sch. 1 para. 3 inserted (E.W.) (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 28

F5 Words in Sch. 1 para. 3 substituted (E.W.) (1.4.2019) by The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019 (S.I. 2019/615), arts. 1, 4

F6 Words in Sch. 1 para. 3 inserted (1.4.2021) by The Northamptonshire (Structural Changes) (Supplementary Provision and Amendment) Order 2021 (S.I. 2021/272), arts. 1, 2

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

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

Counties in Wales E+W+S

6 E+W+S The 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 M2 Local Government (Wales) Act 1994 (but subject to any redrawing of their boundaries by or under that Act or the M3 Local Government Act 1972).

Marginal Citations

M2 1994 c. 19.

M3 1972 c. 70.

Areas in Scotland E+W+S

7 E+W+S The 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.

8 E+W+S Her 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.

9 E+W+S Any 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 2 E+W+S Transitional and saving provisions

General E+W+S

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

2 E+W+S Anything 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.

3 E+W+S References (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.

4 E+W+S A 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.

5 E+W+S Any 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 E+W+S

6 E+W+S Nothing 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.

7 E+W+S The repeal by this Act of paragraphs 13(2) and 14(2) of Schedule 8 to the M4 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.

Marginal Citations

M4 1996 c. 14.

Old references to the lieutenant of a county E+W+S

8 E+W+S Any reference to a lieutenant of a county or Greater London—

(a) in any enactment passed before the end of the session in which the M5 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).

Marginal Citations

M5 1972 c. 70.

9 E+W+S Any reference to a lieutenant of a county in Scotland—

(a) in any enactment passed before the end of the session in which the M6 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.

Marginal Citations

M6 1973 c. 65.

Section 8(4).

SCHEDULE 3 U.K. Repeals

Chapter	Short title	Extent 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 E+W+S

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)
SI 1995/1748	= The Local Government Changes for England (Miscellaneous Provision) Regulations 1995.
SI 1996/2009	= The Local Government Changes for England (Sheriffs) Order 1996.

Provision of Bill	Derivation
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).
6	RFA80 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.
8	Drafting.
9(1),(2),(3)	Drafting.
(4)	RFA80 s.132; drafting.
Schedule 1
para. 1	Drafting.
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. 3	RFA80 s.130(1A); SA 1887 Sch.2A; SI 1995/1748 Regs.8,9; SI 1996/2009.
para. 4	RFA80 s.138(2),(3).
para. 5	RFA80 s.130(2)(b).
para. 6	RFA80 s.130(4); LGWA ss.61(1), 64(1) (“preserved county”).
para. 7	RFA80 ss.131(1A),(2),156(1) (“area”); LGSA Sch.13, para.116(2)(a).
para. 8	RFA80 s.131(1A)(a),(5); LGSA Sch.13, para.116(2)(a), (4).
para. 9	RFA80 s.131(1B); LGSA Sch.13, para.116(2)(a), (d).
Schedule 2	transitional and saving provisions
Schedule 3	repeals