UKPGA-1994-19 — Local Government (Wales) Act 1994

preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I

Local Government Areas in Wales

s. 1 — The local government areas.

s. 1(1)

For section 20 of the Local Government Act 1972 (“the 1972 Act”) substitute—

s. 1(2)

Schedule 1 substitutes new Parts I, II and III in Schedule 4 to the 1972 Act.

s. 1(3)

Schedule 2 provides for the application of certain enactments in relation to the preserved counties.

s. 1(4)

Section 270(1) of the 1972 Act (definitions) is amended as follows.

s. 1(5)

In the definition of “local authority” for “or community council” substitute “ council but, in relation to Wales, means a county council, county borough council or community council; ”.

s. 1(6)

In the definition of “local government area”, for paragraph (b), substitute—.

s. 1(7)

After the definition of “prescribed” insert—.

s. 1(8)

In the definition of “principal area” insert at the end “ but, in relation to Wales, means a county or county borough. ”

s. 2 — Constitution of new principal councils in Wales.

For section 21 of the 1972 Act substitute—

s. 3 — Establishment of new principal councils.

Schedule 3 makes provision (by substituting a new Schedule for Schedule 5 to the 1972 Act) with respect to the establishment of the new principal councils, on a date in 1995 to be fixed by the Secretary of State, and the election of their members.

s. 4 — Elections of councillors.

s. 4(1)

For section 25(2) of the 1972 Act (electoral divisions) substitute—

s. 4(2)

For section 26 of the 1972 Act substitute—

s. 5 — Change of status from county to county borough.

For section 245A of the 1972 Act substitute—

s. 6 — Review of electoral arrangements for new principal areas.

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s. 7 — Rules to be observed in considering electoral arrangements.

s. 7(1)

Schedule 11 to the 1972 Act (rules to be observed in considering electoral arrangements) shall be amended as follows.

s. 7(2)

In paragraph 1 (rules for counties)—

s. 7(2)(a)

in sub-paragraph (1), at the end add “ but does not apply in relation to any county in Wales ”; and

s. 7(2)(b)

in sub-paragraph (2)(c) and (d), omit “or community”, in each place.

s. 7(3)

After paragraph 1 insert—

s. 7(4)

In paragraph 4, after “Commissions” insert “ by a Welsh principal council ”.

s. 8 — Community meetings and continuation of community councils.

For section 27 of the 1972 Act substitute—

s. 9 — Establishment, dissolution and grouping etc. of community councils.

For section 28 of the 1972 Act substitute—

s. 10 — Community councils for groups of communities.

For section 29 of the 1972 Act substitute—

s. 11 — Community councils for groups of communities: dissolution.

After section 29 of the 1972 Act, insert—

s. 12 — Community councils: supplemental provisions.

s. 12(1)

After section 29A of the 1972 Act, insert—

s. 12(2)

For sub-paragraphs (2) and (3) of paragraph 30 of Schedule 12 to the 1972 Act substitute—

s. 13 — Constitution and powers of community councils.

For section 33 of the 1972 Act substitute—

s. 14 — Consultation with community councils.

After section 33 of the 1972 Act insert—

s. 15 — Elections of community councillors.

In section 35 of the 1972 Act (community councillors), for subsection (2) substitute—

s. 16 — Community having the status of a town.

After section 245A of the 1972 Act insert—

PART II

Functions

s. 17 — General provision for transfer of functions.

s. 17(1)

This section has effect for the purpose of adapting relevant legislative provisions and in particular for the purpose of providing for the exercise of functions conferred by such provisions.

s. 17(2)

A provision is a “relevant legislative provision” for the purposes of this section if it is a provision of—

s. 17(2)(a)

any public general Act passed before, or during the same Session as, this Act; or

s. 17(2)(b)

an instrument which—

s. 17(2)(b)(i)

was made before the passing of this Act, under a public general Act; and

s. 17(2)(b)(ii)

is of a legislative character but is not in the nature of a local enactment.

s. 17(3)

This section has effect subject to any provision made by, or by any instrument under, this Act and is not to be taken as affecting any provision so made.

s. 17(4)

In any relevant legislative provision—shall be construed, in relation to Wales, as a reference to a new principal area.

s. 17(4)(a)

any reference to an area which is the area of a county council or the area of a district council, and

s. 17(4)(b)

any reference which is to be construed as a reference to such an area,

s. 17(5)

In any relevant legislative provision—shall be construed, in relation to Wales, as a reference to the council of a new principal area.

s. 17(5)(a)

any reference to the council of a county or district, and

s. 17(5)(b)

any reference which is to be construed as such,

s. 17(6)

Where, in relation to any relevant legislative provision, any question arises as to which new principal area is the appropriate new principal area for the purposes of that provision, that question shall be determined by order made by the Secretary of State.

s. 17(7)

Where any relevant legislative provision is by virtue of this section to be construed in accordance with subsection (4) or (5)—

s. 17(7)(a)

it shall be so construed subject to any modifications necessary to give full effect to the provision; and

s. 17(7)(b)

the Secretary of State may by order make such amendments or other modifications of the provision as he considers necessary or expedient in consequence of any provision made by or under this Act.

s. 18 — New principal councils to be local planning authorities in Wales.

s. 18(1)

In this Act references to the planning Act are references to the Town and Country Planning Act 1990.

s. 18(2)

Section 1 of the planning Act (local planning authorities) is amended as follows.

s. 18(3)

After subsection (1), insert—

s. 18(4)

After subsection (4), insert—

s. 18(5)

At the end of the section add—

s. 18(6)

In subsection (3), omit the words “and in Wales” and in subsection (5)—

s. 18(6)(a)

in paragraph (a), for “subsections (1) to (4) have” substitute “ this section has ”; and

s. 18(6)(b)

in paragraph (b), for “(1) and (2)” substitute “ (1) to (2) ”.

s. 18(7)

Schedule 4 inserts a new Schedule 1A in the planning Act.

s. 19 — Joint and special planning boards in Wales.

s. 19(1)

In section 2 of the planning Act (joint planning boards), after subsection (1) insert—

s. 19(2)

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s. 19(3)

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s. 19(4)

In section 2 of the planning Act—

s. 19(4)(a)

in subsection (1), omit the words “(in this Act referred to as a “joint planning board”)”;

s. 19(4)(b)

in subsection (2), for the words “such an order” substitute “ an order under subsection (1) or (1B) ”;

s. 19(4)(c)

in subsection (3), after “county” insert “ or county borough ” (in both places); and

s. 19(4)(d)

in subsection (4), after “(1)” insert “ or (1B) ”.

s. 20 — Unitary development plans and National Parks.

s. 20(1)

After section 10 of the planning Act (application of Chapter I), insert—

s. 20(2)

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s. 20(3)

Schedule 5 shall have effect—

s. 20(3)(a)

Part I making minor and consequential amendments to Part II of the planning Act,

s. 20(3)(b)

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s. 20(3)(c)

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s. 20(4)

Schedule 6 shall have effect—

s. 20(4)(a)

Part I making minor and consequential amendments to the 1972 Act in relation to National Parks and countryside functions, and

s. 20(4)(b)

Part II making minor and consequential amendments to enactments concerned with planning.

s. 21 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 22 — Transfer of other specific functions.

s. 22(1)

Schedule 7 makes provision for the transfer to the new principal councils of functions in relation to highways, road traffic and transport.

s. 22(2)

Schedule 8 makes provision for the transfer to the new principal councils of functions in relation to housing.

s. 22(3)

Schedule 9 makes provision for the transfer to the new principal councils of functions in relation to public health and related matters.

s. 22(4)

Schedule 10 makes provision for the transfer to the new principal councils of functions in relation to social services.

s. 22(5)

Schedule 11 makes provision for the transfer to the new principal councils of functions in relation to water, land drainage and coast protection.

s. 22(6)

Each of the Schedules referred to in this section includes minor and consequential amendments of other enactments.

s. 23 — Fire services.

s. 23(1)

In section 4 of the Fire Services Act 1947 (fire authorities), after second “county” insert “ or, in Wales, of every county or county borough ”.

s. 23(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.

s. 23(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—

s. 23(3)(a)

the constitution of an authority as the fire authority for the combined area constituted by the scheme, and

s. 23(3)(b)

the performance by that authority of any functions necessary for bringing the scheme into full operation on that date.

s. 23(4)

Where the Secretary of State proposes to make such a combination scheme—

s. 23(4)(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—

s. 23(4)(a)(i)

any existing fire authority whose area lies wholly or partly within the proposed combined area; and

s. 23(4)(a)(ii)

each of the new principal councils concerned; and

s. 23(4)(b)

the requirement in that subsection with respect to public local inquiries shall not apply if—

s. 23(4)(b)(i)

the proposed scheme relates only to new principal areas; and

s. 23(4)(b)(ii)

the notice is given before 1st April 1996.

s. 23(5)

Any such notice shall specify a period for making representations with respect to the proposed scheme.

s. 23(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.

s. 24 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 25 — Provision of services by one new principal council for another.

s. 25(1)

Any new principal council (“the contracting council”) may enter into an agreement with another such council (“the supplying council”) for the provision by the supplying council of services which the contracting council require for the purpose of, or in connection with, the discharge of any of their functions.

s. 25(2)

Any agreement under subsection (1) (a “service agency agreement”) may be made on such terms as to payment or otherwise as the parties consider appropriate.

s. 25(3)

Subsection (1) is subject to—

s. 25(3)(a)

the provisions made by or under this Act;

s. 25(3)(b)

any other enactment which provides for specific functions of a local authority to be discharged only by that authority;

s. 25(3)(c)

any other enactment which imposes requirements which must be satisfied before a local authority may enter into any agreement of the kind provided for by subsection (1) including, in particular, the provisions of—

s. 25(3)(c)(i)

Part III of the Local Government, Planning and Land Act 1980 (restrictions on use by local authorities of direct labour organisations); and

s. 25(3)(c)(ii)

Part I of the Local Government Act 1988 (local authorities to undertake certain activities only if they can do so competitively).

s. 25(4)

The power conferred by subsection (1) shall be exercisable subject to such regulations (if any) as the Secretary of State sees fit to make for the purposes of this section.

s. 25(5)

Any such regulations may, in particular, make provision—

s. 25(5)(a)

excluding prescribed matters from those which may be the subject of a service agency agreement;

s. 25(5)(b)

restricting (whether by reference to one or more areas or otherwise) the councils with which a principal council may make a service agency agreement;

s. 25(5)(c)

restricting the area or areas with respect to which the supplying council may provide services under a service agency agreement.

s. 25(6)

As respects the exercise of any of their other statutory powers, anything which falls to be done by the supplying council under a service agency agreement shall be treated as one of their statutory functions.

s. 25(7)

The provisions of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) do not affect, and are not affected by, the powers conferred on new principal councils by this section.

s. 25(8)

In section 1(4) of that Act (authorities to which Act applies), for “any county” substitute “ any county, county borough ”.

s. 25(9)

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s. 26 — Service delivery plans.

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PART III

Decentralisation and Joint Working

s. 27 — Decentralisation schemes: preparation.

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s. 28 — Decentralisation schemes: approval and implementation.

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s. 29 — Area committees: safeguards.

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s. 30 — Area committees: membership etc.

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s. 31 — Sub-committees of area committees.

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s. 32 — Provision of information to Secretary of State.

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s. 33 — Joint working arrangements.

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s. 34 — Joint authorities.

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PART IV

Finance

s. 35 — Council tax, rating and the community charge.

s. 35(1)

The new principal councils shall be billing authorities in relation to the financial year beginning on 1st April 1996 and in relation to subsequent financial years.

s. 35(2)

In this section “billing authority” means an authority which is a billing authority for the purposes of—

s. 35(2)(a)

Part I of the Local Government Finance Act 1992 (council tax); and

s. 35(2)(b)

Part III of the Local Government Finance Act 1988 (non-domestic rating).

s. 35(3)

In the period before 1st April 1996, the old authorities concerned shall continue to exercise their functions as billing authorities in respect of matters arising in connection with financial years before the financial year beginning on that date.

s. 35(4)

After 31st March 1996, the new principal councils shall have the same functions in relation to council tax, rating (including non-domestic rating) and the community charge as the old authorities would have had—if the old authorities had not been abolished.

s. 35(4)(a)

in connection with those matters, and

s. 35(4)(b)

in relation to any financial year beginning before 1996,

s. 35(5)

For section 1(2) of the Act of 1992 substitute—

s. 35(6)

In section 39(1) of the Act of 1992 (precepting authorities), in paragraph (a) at the end add “in England”.

s. 36 — Valuation lists for Welsh billing authorities.

After section 22 of the Local Government Finance Act 1992, insert—

s. 37 — Local non-domestic rating lists for Welsh billing authorities.

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s. 38 — Council funds for new principal councils.

s. 38(1)

Each new principal council shall establish, and then maintain, a fund to be known as their council fund.

s. 38(2)

Any sums received by a new principal council shall be paid into their council fund.

s. 38(3)

All payments by a new principal council shall be made out of their council fund.

s. 38(4)

Subsections (2) and (3) do not apply in relation to any sums to be paid into, or payments to be made out of, a trust fund.

s. 38(5)

Section 101(1)(b) of the 1972 Act (delegation) shall not apply as regards the functions of a new principal council in relation to their council fund.

s. 38(6)

Each new principal council shall keep accounts of sums paid into, and of payments made out of, their council fund.

s. 38(7)

Any account kept only in respect of the general expenses of a new principal council shall be known as their general account and any account kept only in respect of any class of their special expenses shall be known as a special account.

s. 38(8)

The Secretary of State may make regulations—

s. 38(8)(a)

requiring assets of a prescribed description which fall within a council fund to be held in a separate fund within the council fund;

s. 38(8)(b)

requiring any fund (other than a trust fund) of a prescribed description which is established by a new principal council to be maintained as a separate fund within their council fund.

s. 38(9)

The Secretary of State may by regulations make provision with respect to the liability of new principal councils to make payments from their council funds in respect of precepts issued under Chapter IV of Part I of the Local Government Finance Act 1992.

s. 38(9A)

The National Assembly for Wales may by regulations make provision for the sharing among a new principal council and major precepting authorities, in accordance with rules specified in the regulations, of an amount equal to all or part of any deduction that, in accordance with provision under paragraph 4(4A) of Schedule 8 to the Local Government Finance Act 1988 (local retention of rates), falls to be made in calculating the council’s non-domestic rating contribution for a financial year.

s. 38(10)

Regulations under subsection (9) or (9A) may, in particular, include provision—

s. 38(10)(a)

that anything falling to be paid must be paid—

s. 38(10)(a)(i)

within a prescribed period; and

s. 38(10)(a)(ii)

in instalments of such amounts, and at such times, as are determined by the billing authority in accordance with prescribed rules;

s. 38(10)(b)

that the billing authority must inform any precepting authorities when instalments will be paid and how they are to be calculated;

s. 38(10)(c)

that if an instalment is not paid to a precepting authority in accordance with the regulations, it is to be entitled to interest on the amount of the instalment;

s. 38(10)(d)

as to the circumstances in which the billing authority is to be treated as having discharged the liability mentioned in subsection (9) or any liability arising under subsection (9A);

s. 38(10)(e)

as to the recovery (by deduction or otherwise) of any excess amount paid by the billing authority to any precepting authority in purported discharge of the liability mentioned in subsection (9) or any liability arising under subsection (9A).

s. 38(11)

Schedule 12 makes minor and consequential amendments with respect to funds.

s. 38(12)

In subsection (9A) “major precepting authority” has the meaning given by section 39(1) of the Local Government Finance Act 1992.

PART V

Residuary matters and staff

s. 39 — The Residuary Body for Wales or Corff Gweddilliol Cymru.

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s. 40 — The Staff Commission for Wales or Comisiwn Staff Cymru.

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s. 41 — Continuity of employment in certain cases of voluntary transfer.

s. 41(1)

This section applies to a person (“the employee”) who at any time ceases to be employed by an old authority if—

s. 41(1)(a)

the termination of his employment is attributable to any provision made by or under this Act;

s. 41(1)(b)

he is subsequently employed by another person; and

s. 41(1)(c)

by virtue of section 138 of the Employment Rights Act 1996 (renewal or re-engagement) that subsequent employment precludes his receiving any redundancy payment under Part XI of that Act with respect to his terminated employment.

s. 41(2)

Chapter I of Part XIV of the Employment Rights Act 1996 (computation of period of employment for the purposes of that Act) shall have effect as if it provided—

s. 41(2)(a)

for the period of the employee’s employment by the old authority to count as a period of employment with his new employer; and

s. 41(2)(b)

for the change of employer not to break the continuity of the period of his employment.

s. 41(3)

For the purposes of any provision of the employee’s contract of employment with his new employer which depends on his length of service with that employer, the period of his employment with the old authority shall count as a period of employment with his new employer.

s. 42 — Transfers of staff.

s. 42(1)

This section applies to any person (“a designated employee”) who, immediately before 1st April 1996 was employed by an abolished body under a contract of employment which would have continued but for the abolition of that body and who is designated, or falls within a class or description of person designated, for the purposes of this section by an order made, at any time, by the Secretary of State.

s. 42(2)

The contract of employment between a designated employee and the abolished body concerned shall not be terminated by the abolition of the body but shall have effect from 1st April 1996 as if originally made between him and such new employer as may be specified by the relevant designation order under this section.

s. 42(3)

Such an order may specify as the new employer a new principal council ....

s. 42(4)

Without prejudice to subsection (2)—

s. 42(4)(a)

all the rights, powers, duties and liabilities of the abolished body under, or in connection with, the contract shall by virtue of this section be transferred on 1st April 1996 to the new employer; and

s. 42(4)(b)

anything done before 1st April 1996 by or in relation to the abolished body in respect of the contract or the designated employee shall be deemed from that date to have been done by or in relation to the new employer.

s. 42(5)

Nothing in this section affects any right of a designated employee to terminate his contract of employment if a substantial change is made in his working conditions, to his detriment, but no such right shall arise by reason only of the change of employer effected by this section.

s. 42(6)

A class or description of person may be specified by an order under subsection (1) by reference to such list or other document or documents as may be identified in accordance with the order.

s. 42(7)

In this section “abolished body” means an old authority or any joint board which ceases to exist as a result of section 59.

s. 43 — Compensation for loss of office or diminution of emoluments.

s. 43(1)

Where any person—compensation in respect of any such loss or diminution suffered by him shall be paid only in accordance with regulations made under section 24 of the Superannuation Act 1972.

s. 43(1)(a)

is, at any time after the passing of this Act, in the service of an old authority or a new principal council, and

s. 43(1)(b)

suffers loss of employment or diminution of emoluments which is attributable to any provision made by or under this Act,

s. 43(2)

Accordingly, none of the bodies mentioned in subsection (1) shall pay any such compensation under any other statutory provision, by virtue of any provision in a contract or otherwise.

s. 43(3)

Subsections (1) and (2) do not preclude the making of any payment to which a person is entitled by virtue of contractual rights acquired by him before 1st December 1993.

s. 43(4)

No compensation shall be payable under regulations made under the Superannuation Act 1972, to or in respect of a person to whom subsection (1) applies, in respect of any loss or diminution attributable to the termination of a late contract on or before 1st April 1996.

s. 43(5)

In subsection (4)—“late contract” means a contract which is made after 30th November 1993 and provides for the employment of the person concerned for a fixed term extending beyond 31st March 1996; and“loss or diminution” means loss or diminution of a kind mentioned in subsection (1).

s. 43(6)

For the purpose of determining under section 138 or 141 of the Employment Rights Act 1996—there shall be treated as forming part of the remuneration payable under the new contract any compensation to which that person is or, if he accepted the offer, would be entitled in accordance with this section.

s. 43(6)(a)

whether the provisions of a new contract offered to a person employed by any such body as is mentioned in subsection (1) differ from the corresponding provisions of his previous contract, and

s. 43(6)(b)

whether employment under the new contract is suitable in relation to that person,

s. 43(7)

Subject to subsection (6), nothing in this section shall be taken to affect any entitlement to a redundancy payment under Part XI of the Employment Rights Act 1996 or to any payment by virtue of any provision of the Superannuation Act 1972 other than section 24 of that Act.

s. 44 — Redundancy payments.

s. 44(1)

In determining the effect of any provision of—in relation to a person whose contract of employment is terminated as a result of this Act, it shall be assumed that he was dismissed by the old authority concerned by reason of redundancy immediately before 1st April 1996 and that his dismissal was proposed by the authority.

s. 44(1)(a)

Part IX, X or XI of the Employment Rights Act 1996, or

s. 44(1)(b)

Chapter II of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992,

s. 44(2)

For the purposes of this section—

s. 44(2)(a)

a person’s contract of employment is terminated as a result of this Act if—

s. 44(2)(a)(i)

immediately before 1st April 1996 he was in the service of an old authority under a contract of employment which would have continued in force if that authority had not been abolished; and

s. 44(2)(a)(ii)

his contract of employment is not transferred to a new principal council ...; and

s. 44(2)(b)

a contract of employment is transferred—

s. 44(2)(b)(i)

to a new principal council, if it is treated by any provision made by this Act, or by or under any other enactment, as continued in force with that council on 1st April 1996; ...

s. 44(2)(b)(ii)

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s. 44(3)

The new principal council to whom an old authority’s liability as respects any redundancy payment under Part VI of the Act of 1978 is transferred under this Act shall be treated as the employer of the person concerned for the purposes of sections 164, 165, 170 and 179 of the Employment Rights Act 1996 (ancillary provisions about redundancy payments).

s. 44(4)

As respects any such redundancy payment, references to the relevant date in sections 155, 156, 162 and 164 of the Employment Rights Act 1996, and in Schedule 4 to that Act, shall be construed as references to 31st March 1996.

s. 45 — Other compensation payments.

s. 45(1)

This section applies where any contract of employment made before 1st December 1993 is terminated as a result of this Act.

s. 45(2)

Subsection (2) of section 44 applies for the purposes of this section as it applies for the purposes of that section.

s. 45(3)

If the contract—the employee shall be treated as having been entitled, immediately before 1st April 1996, to receive from the old authority an amount equal to the damages which he would have been entitled to recover from that authority if they had not been abolished but had dismissed him immediately before that date.

s. 45(3)(a)

provided for the employee’s employment for a fixed term extending beyond 31st March 1996, but

s. 45(3)(b)

did not provide for the earlier termination of the contract by the authority concerned,

s. 45(4)

If the contract (whether or not for a fixed term) provided for its termination by the old authority on payment of compensation for loss of employment, the employee shall be treated as having been entitled, immediately before 1st April 1996, to receive from the old authority an amount equal to the compensation which he would have been entitled to receive from that authority if they had not been abolished but had terminated the contract immediately before that date.

s. 45(5)

In subsection (4) “compensation for loss of employment” does not include any payment to be made under the contract in lieu of notice.

s. 45(6)

Where the amount of compensation payable under a contract differs according to the reasons for termination of the contract, the amount payable by virtue of subsection (4) shall be determined on the assumption that the contract was terminated by reason of redundancy within the meaning of the Employment Protection (Consolidation) Act 1978.

s. 45(7)

The Secretary of State may by regulations exclude the operation of this section in prescribed circumstances (and, in particular, in cases of engagement by new principal councils).

PART VI

Transitional Provisions

s. 46 — Committees of existing councils for consideration of certain matters.

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s. 47 — Old and new principal areas with the same name.

s. 47(1)

Where a local government area established by this Act (“the new area”) has the same name as a local government area (“the old area”) in existence at any time before the commencement of section 1(1), references in any enactment passed before this Act to the old area by name are not to be read as references to the new area.

s. 47(2)

This section is subject to any provision to the contrary made by or under this Act.

s. 48 — Groups of communities.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 49 — Charities.

s. 49(1)

Where, immediately before the commencement of this section, any property is held exclusively for charitable purposes by any of the old authorities, as sole trustee, that property shall vest on the same trusts in the appropriate council.

s. 49(2)

Where, immediately before the commencement of this section, any power with respect to a charity was vested in the proper officer of an old authority or in the holder of any other office of an old authority that power shall vest in the corresponding officer of the appropriate council.

s. 49(3)

Where, immediately before the commencement of this section, an old authority or any officer of an old authority is included among the charity trustees of a charity, those trustees shall include instead the appropriate council or (as the case may be) the corresponding officer of that council.

s. 49(4)

Where subsection (1) applies and the property in question is held for the benefit of—the appropriate council is the new principal council whose area comprises the whole, or the greater part, of the specified area.

s. 49(4)(a)

a specified area,

s. 49(4)(b)

the inhabitants of a specified area, or

s. 49(4)(c)

any particular class or body of persons in a specified area,

s. 49(5)

In any other case falling within this section, the appropriate council is the new principal council whose area comprises the whole, or the greater part, of the area of the old authority in question.

s. 49(6)

The Secretary of State may by order make provision with respect to any of the matters dealt with by this section, either in substitution for the provision made by this section or by way of supplementing or modifying that provision, and either generally or in relation to prescribed cases or classes of case.

s. 49(7)

Nothing in this section—

s. 49(7)(a)

affects any power of Her Majesty, the court or any other person to alter the trusts of any charity; or

s. 49(7)(b)

applies in a case to which section 50 applies.

s. 49(8)

In this section “charity”, “charitable purposes”, “charity trustees”, “court” and “trusts” have the same meaning as in the Charities Act 1993.

s. 50 — Welsh Church funds.

s. 50(1)

The Secretary of State shall by order designate such new principal councils in relation to such areas in Wales as he considers appropriate for the purposes of this section.

s. 50(2)

Any property which, immediately before the commencement of this section, is vested in an old authority and is required to be applied in accordance with a scheme shall be vested in such designated new principal council as the Secretary of State may by order specify.

s. 50(3)

Where, by virtue of this section, property is vested in a designated council whose designated area does not comprise the whole of the area of the old authority in question, the designated council shall transfer an apportioned part of the property to any other designated council whose designated area includes part of the area of the old authority.

s. 50(4)

The terms of any apportionment made for the purposes of subsection (3)—

s. 50(4)(a)

shall be agreed between the designated councils concerned, or

s. 50(4)(b)

if they fail to agree, shall be determined by arbitration before a single arbitrator appointed—

s. 50(4)(b)(i)

by agreement between those councils, or

s. 50(4)(b)(ii)

if they fail to agree, by the Secretary of State.

s. 50(5)

The vesting or transfer of any property by virtue of this section shall not affect—

s. 50(5)(a)

the application of the property in accordance with the scheme which is applicable to it immediately before the commencement of this section, or

s. 50(5)(b)

the amendment or revocation of any scheme by a further scheme.

s. 50(6)

In this section—“designated” means designated by order under subsection (1); and“scheme” means a scheme under section 19 of the Welsh Church Act 1914 (application of Welsh Church funds for charitable or eleemosynary purposes).

s. 51 — Control of disposals and contracts.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 52 — Application of Part I of the Local Government Act 1988 during transitional period.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 53 — Continuity of exercise of functions.

s. 53(1)

The abolition of the old authorities shall not affect the validity of anything done by any of those authorities before their abolition.

s. 53(2)

Anything which at 1st April 1996 is in the process of being done by or in relation to an old authority in the exercise of, or in connection with, any relevant functions may be continued by or in relation to the authority (“the successor authority”) by which those functions become exercisable or, as the case may be, become exercisable in respect of the area in question.

s. 53(3)

Where immediately before 1st April 1996 any relevant functions exercisable by an old authority are exercisable concurrently by another such authority, or by other such authorities in respect of their respective areas, subsection (2) shall have effect as if those functions had by virtue of this Act become functions of that other authority or of those other authorities in respect of their respective areas.

s. 53(4)

Anything done by or in relation to an old authority before 1st April 1996 in the exercise of or in connection with any relevant functions shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the successor authority.

s. 53(5)

Subsection (4) applies in particular to—

s. 53(5)(a)

any decision, determination, declaration, designation, agreement or instrument made by an old authority;

s. 53(5)(b)

any regulations or byelaws made by an old authority;

s. 53(5)(c)

any licence, permission, consent, approval, authorisation, exemption, dispensation or relaxation granted by or to an old authority;

s. 53(5)(d)

any notice, direction or certificate given by or to an old authority;

s. 53(5)(e)

any application, request, proposal or objection made by or to an old authority;

s. 53(5)(f)

any condition or requirement imposed by or on an old authority;

s. 53(5)(g)

any fee paid by or to an old authority;

s. 53(5)(h)

any appeal allowed by or in favour of or against an old authority;

s. 53(5)(i)

any proceedings instituted by or against an old authority.

s. 53(6)

Any reference in this section to anything done by or in relation to an old authority includes a reference to anything which by virtue of any enactment is treated as having been done by or in relation to that authority.

s. 53(7)

Any reference (however framed) to an old authority in any document constituting, or relating to, anything to which the provisions of this section apply shall, so far as is required for giving effect to those provisions, be construed as a reference to the successor authority.

s. 53(8)

The provisions of this section are without prejudice to any provision made by or under this Act in relation to any particular functions and shall not be construed as continuing in force any contract of employment made by any of the old authorities.

s. 53(9)

The Secretary of State may, in relation to any particular functions, by order exclude, modify or supplement any of the provisions of this section or make such other transitional provision as he thinks necessary or expedient.

s. 53(10)

In this section “relevant functions” means statutory functions which by virtue of any provision made by or under this Act become functions of another authority, or of other authorities in respect of their respective areas.

s. 54 — Consequential and supplementary provision.

s. 54(1)

The Secretary of State may by order make such incidental, consequential, transitional or supplemental provision as he thinks necessary or expedient—

s. 54(1)(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

s. 54(1)(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.

s. 54(2)

An order under subsection (1) may, in particular, make provision—

s. 54(2)(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;

s. 54(2)(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;

s. 54(2)(c)

for the transfer of property, rights or liabilities, and of related functions, from an abolished body ... to a new principal council or other public body ...;

s. 54(2)(d)

for the management or custody of transferred property (whether real or personal);

s. 54(2)(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;

s. 54(2)(f)

for making savings, or additional savings, from the effect of any repeal made by this Act;

s. 54(2)(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—

s. 54(2)(g)(i)

any authority affected by this Act; or

s. 54(2)(g)(ii)

any group of bodies which includes such an authority;

s. 54(2)(h)

dissolving any body corporate established by any Act passed, or any instrument made, before 1st April 1996;

s. 54(2)(i)

with respect to the functions or jurisdiction of any public body or of—and the costs and expenses of such public bodies and persons.

s. 54(2)(i)(i)

any coroner, lord-lieutenant, lieutenant or high sheriff; or

s. 54(2)(i)(ii)

any other officers (including police officers) within the area of any local authority affected by any provision of or made under this Act,

s. 54(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.

s. 54(4)

Any transfer made in accordance with any provision made by virtue of subsection (2)(c)—

s. 54(4)(a)

may be made subject to terms, including financial terms; and

s. 54(4)(b)

may impose new rights or liabilities in respect of the property transferred.

s. 54(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.

s. 54(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.

s. 54(7)

No other provision of this Act shall be taken to restrict the powers conferred by this section.

s. 55 — Magistrates’ courts, justices of the peace etc.

s. 55(1)

The Lord Chancellor may , after consulting the Lord Chief Justice, by order make, with respect to any matters mentioned in subsection (2), such incidental, consequential, transitional or supplemental provision as the Lord Chancellor thinks necessary or expedient, after consulting the Lord Chief Justice, in consequence of any of the provisions of this Act.

s. 55(2)

The matters are—

s. 55(2)(a)

the functions or areas of jurisdiction of any justice of the peace, . . . or magistrates' court. . .; and

s. 55(2)(b)

local justice areas.

s. 55(3)

The Lord Chancellor may , after consulting the Lord Chief Justice, by order alter, in such manner as appears to the Lord Chancellor to be expedient, after consulting the Lord Chief Justice, in connection with the alteration in any local government area made by this Act, any of the local justice areas in Wales.

s. 55(4)

Any order under this section may, in particular—

s. 55(4)(a)

make provision with respect to the costs and expenses of any persons with respect to whom provision is made by the order;

s. 55(4)(b)

apply (with or without modifications) or amend or repeal or revoke (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.

s. 55(5)

Subsections (5) and (7) of section 54 apply in relation to this section as they apply in relation to that section.

s. 55(6)

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

s. 56 — Transitional agreements as to property and finance.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 57 — Local Acts and instruments.

s. 57(1)

Any local statutory provision to which this section applies and which is not continued in force by any other provision of this Act shall continue to apply on and after 1st April 1996 to the area, things or persons to which or to whom it applies before that date, but subject to the modifications made by subsections (3) to (5) and to any other necessary modifications.

s. 57(2)

The continuation by subsection (1) of an instrument made under any enactment shall not be taken to affect any power to vary or revoke the instrument which is exercisable apart from that subsection.

s. 57(3)

Subsection (1) has effect subject to the provisions of—

s. 57(3)(a)

this Act;

s. 57(3)(b)

any Act passed after this Act but before 1st April 1996; and

s. 57(3)(c)

any order made under section 54 or 55 or this section.

s. 57(4)

Any local statutory provision to which this section applies and which relates to functions exercisable by an old authority of any description, by virtue of any public general enactment, shall have effect as if for any reference to the authority by whom the functions are exercisable immediately before 1st April 1996 or to their area there were substituted a reference to—

s. 57(4)(a)

the authority by whom those functions are exercisable on and after that date; or

s. 57(4)(b)

(as the case may be) to so much of the area of the latter authority as comprises the area of the former authority or any part of that area.

s. 57(5)

In any local statutory provision to which this section applies but which does not fall within subsection (4), for any reference to the area of an old authority or to an old authority there shall be substituted a reference to so much of the new principal area as comprises the area of the old authority or any part thereof or, as the case may be, the council of that new principal area.

s. 57(6)

Subsections (4) and (5) have effect subject to any provision to the contrary made by, or by any instrument made under, this Act.

s. 57(7)

The Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of any provision of this section where it would otherwise conflict with any provision of the order.

s. 57(8)

This section applies to any local statutory provision which is in force in Wales immediately before 1st April 1996 and is not expressly repealed or revoked by this Act.

s. 57(9)

In this section “local statutory provision” means a provision of—

s. 57(9)(a)

a local Act (including an Act confirming a provisional order);

s. 57(9)(b)

a public general Act passed with respect only to the whole or part of a local government area in Wales as it existed immediately before the passing of this Act;

s. 57(9)(c)

an instrument made under any such local or public general Act; or

s. 57(9)(d)

an instrument in the nature of a local enactment made under any other Act.

s. 58 — Modification etc. of local Acts and instruments.

s. 58(1)

This section applies where any local statutory provision (“the relevant provision”) is—

s. 58(1)(a)

continued in force in any area by section 57, or

s. 58(1)(b)

amended or modified in its application to any area by an order under section 54 or 55 (a “modifying order”).

s. 58(2)

The Secretary of State may by order or (as the case may be) the modifying order may—

s. 58(2)(a)

extend the relevant provision throughout the new principal area in which it is continued in force;

s. 58(2)(b)

provide that the relevant provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;

s. 58(2)(c)

make such modifications of any such enactment as will secure that the enactment and the relevant provision will operate harmoniously in that area;

s. 58(2)(d)

repeal or revoke any local statutory provision to which this section applies and which appears to the Minister to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom the relevant provision applies;

s. 58(2)(e)

transfer to any authority appearing to the Minister to be appropriate any functions of an old authority under any local statutory provision to which this section applies which are not to become functions of some other authority under any provision of this Act (except section 54, 55, 57 or this section) or under any other instrument made under this Act;

s. 58(2)(f)

without prejudice to paragraph (e), make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Minister to be expedient.

s. 58(3)

An order under this section which extends the area for which any local statutory provision is in force shall be provisional only.

s. 58(4)

In this section “the Minister” means—

s. 58(4)(a)

in relation to an order made by the Secretary of State under subsection (2), the Secretary of State; and

s. 58(4)(b)

in relation to a modifying order containing provision made by virtue of subsection (2) of this section, the Minister making that order.

s. 59 — Existing joint boards and committees and port health districts.

s. 59(1)

Where an existing joint board was constituted by or under any enactment for exercising functions for any area (including any united district), the board shall continue in existence on and after 1st April 1996 and to exercise for that area the same functions as before that date (to the exclusion of new principal councils).

s. 59(2)

In subsection (1)—“joint board” means a joint board every constituent member of which is a local authority in Wales; and“area” does not include a port health district.

s. 59(3)

Subsection (1) does not apply to a joint board constituted for an area which on 1st April 1996 will be wholly within the area of a single new principal council if the board was constituted for the purpose of exercising functions which on and after that date would (apart from the existence of the board) be exercisable by that council.

s. 59(4)

Subsection (3) applies whether or not the board has additional functions which, apart from this section, would not be exercisable by the new principal council.

s. 59(5)

In a case to which subsection (3) applies—

s. 59(5)(a)

the functions of the board shall on 1st April 1996 become functions of the new principal council; and

s. 59(5)(b)

the joint board shall cease to exist on that date.

s. 59(6)

This subsection applies where—

s. 59(6)(a)

a port health district was constituted by an order under any enactment relating to public health; and

s. 59(6)(b)

a local authority or joint board, every constituent member of which is a local authority, is the port health authority for that district.

s. 59(7)

Where subsection (6) applies, the district shall continue to exist as a port health district on and after 1st April 1996.

s. 59(8)

Where, on 1st April 1996, a single new principal council will become the riparian authority in relation to a port health district continued in existence by subsection (7)—

s. 59(8)(a)

that authority shall, on that date, become the port health authority for that district; and

s. 59(8)(b)

any existing joint board constituted for that district shall cease to exist.

s. 59(9)

Where, on 1st April 1996, two or more new principal councils will become riparian authorities in relation to a port health district continued in existence by subsection (7), the port health authority for the district shall be—

s. 59(9)(a)

the existing port health authority, if that authority is a joint board; and

s. 59(9)(b)

the new principal council whose area comprises or abuts on the greater part of the district, in any other case.

s. 59(10)

Any question as to which new principal council’s area comprises or abuts on the greater part of a port health district shall be determined by the Secretary of State.

s. 59(11)

This subsection applies to any existing joint committee constituted under any enactment for the purpose of exercising functions for an area which on 1st April 1996 will lie within the areas of two or more new principal councils by whom those functions would apart from this subsection become exercisable on that date.

s. 59(12)

A joint committee to which subsection (11) applies—

s. 59(12)(a)

shall continue to exist on and after 1st April 1996 as if duly appointed by or in connection with those new principal councils; and

s. 59(12)(b)

shall exercise those functions for the area for which the committee exercised them before that date.

s. 59(13)

Nothing in subsection (12) is to be taken as preventing new principal councils from making different arrangements for the discharge of functions.

s. 59(14)

The continuation in existence of any area or body by this section does not prejudice any power conferred by any enactment to amend or revoke the order constituting the area or body or the power to make provision with respect to the body conferred by section 54.

s. 59(15)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 59(16)

The following provisions shall have effect for the construction of references to a local statutory provision to which section 57 applies—

s. 59(16)(a)

any reference to an existing joint board which ceases to exist by virtue of this section, or any reference which is to be construed as such a reference, shall be construed as a reference to the new principal council by whom the functions of that board will become exercisable by virtue of this section;

s. 59(16)(b)

any reference to a united district or other area the existing joint board for which ceases to exist by virtue of subsection (3), or any reference which is to be construed as such a reference, shall be construed as a reference to so much of the area of the new principal council by whom the functions formerly exercisable by the existing joint board become exercisable on 1st April 1996, as comprises the united district or other area for which the board acted; and

s. 59(16)(c)

any reference to an existing local authority whose functions as port health authority become exercisable on 1st April 1996 by virtue of this section by a new principal council, or any reference which is to be construed as such a reference, shall be construed as a reference to that council.

s. 59(17)

In this section “existing” means existing immediately before 1st April 1996.

s. 59(18)

This section has effect subject to any provision made by or under this Act.

PART VII

Miscellaneous and Supplemental

s. 60 — Records.

s. 60(1)

Each new principal council shall make and maintain a scheme setting out their arrangements for the proper care, preservation and management of their records.

s. 60(2)

Each scheme shall include details of any relevant shared arrangements which the council concerned have made.

s. 60(3)

The council by whom a scheme has been made shall keep the scheme under review and, where they consider that it should be modified, make such adjustments to it as they consider appropriate.

s. 60(4)

Before making, or modifying, their scheme a new principal council shall consult the Secretary of State and have regard to any advice that he may give.

s. 60(5)

Where the records of a new principal council relate to the area, or part of the area, of another such council, that other council shall have the right—

s. 60(5)(a)

to inspect those records at all reasonable times (without payment of any fee); and

s. 60(5)(b)

to take copies of any of them, in such manner as carries no risk of damage.

s. 60(6)

The right conferred by subsection (5) is subject to any shared arrangements which affect the records concerned.

s. 60(7)

In this section—“documents” includes records, of whatever form and in whatever medium, which convey or are capable of conveying information;“records”, in relation to a council, means any documents which—belong to the council or of which they have custody; and have been retained for reference and research purposes or because of their likely historical interest; and“shared arrangements”, in relation to a council, means any arrangements which the council have made with any other authority under section 25 of this Act or section 101 of the 1972 Act (arrangements for the discharge of functions by other local authorities).

s. 61 — Lieutenancies.

s. 61(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 61(2)

Her Majesty may by Order in Council make such amendments in section 1 of, and Schedule 1 to, the Lieutenancies Act 1997, with respect to the area for which any lord-lieutenant or lieutenant may be appointed, as Her Majesty considers appropriate in the light of the changes made by or under this Act with respect to the areas of local authorities in Wales.

s. 61(3)

Any such Order may make such incidental, consequential, transitional or supplemental provision (including provision amending the Lieutenancies Act 1997 or any other enactment) as appears to Her Majesty to be necessary or expedient.

s. 61(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 61(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 61(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 62 — Sheriffs.

s. 62(1)

In section 3 of the Sheriffs Act 1887 (annual appointment of sheriff) at the end add—

s. 62(2)

Her Majesty may by Order in Council make such amendments in section 3 of the Act of 1887, with respect to the area for which any sheriff may be appointed, as Her Majesty considers appropriate in the light of the changes made by this Act with respect to the areas of local authorities in Wales.

s. 62(3)

Any such Order may make such incidental, consequential, transitional or supplemental provision (including provision amending the Act of 1887 or any other enactment) as appears to Her Majesty to be necessary or expedient.

s. 62(4)

In section 6 of the Act of 1887 (nomination and appointment of sheriffs), after subsection (3) insert—

s. 63 — Regulations, orders and directions.

s. 63(1)

Any power to make regulations or orders conferred on the Secretary of State , the National Assembly for Wales or the Lord Chancellor by this Act shall be exercisable by statutory instrument.

s. 63(2)

Any such instrument, other than one made by the Assembly or under a provision mentioned in subsection (4), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 63(3)

No order shall be made under section 34 unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

s. 63(4)

The provisions mentioned in subsection (2) are—

s. 63(4)(a)

sections 17(6), 34, 39(1), 49(6), 53(9) and 66(3);

s. 63(4)(b)

paragraph 18 of Schedule 5;

s. 63(4)(c)

paragraph 1(3) of Schedule 13; and

s. 63(4)(d)

paragraphs 12 and 18 of Schedule 17.

s. 63(5)

Any regulations or order made under this Act may—

s. 63(5)(a)

make such supplemental, incidental, consequential or transitional or saving provision as the person making the regulations or order considers appropriate; and

s. 63(5)(b)

make different provision for different cases or classes of case or for different localities.

s. 63(6)

Any power of the Secretary of State to give a direction under this Act shall—

s. 63(6)(a)

include power to make different provision for different cases, including different provision for different localities and for different bodies; and

s. 63(6)(b)

shall be exercised in writing.

s. 64 — Interpretation.

s. 64(1)

In this Act—“the 1972 Act” means the Local Government Act 1972;“the Commission” means the Staff Commission for Wales or Comisiwn Staff Cymru;...“financial year” means the period of twelve months beginning with 1st April;“new”, in relation to any area or authority, means an area or authority established by or under this Act;“old authority” means an authority which ceases to exist as a result of this Act;“the planning Act” means the Town and Country Planning Act 1990;“prescribed” means prescribed by an order or by regulations made by the Secretary of State;“preserved county” means any county created by the 1972 Act as a county in Wales, as that county stood immediately before the passing of this Act but subject to any provision of this Act, or made under the 1972 Act, redrawing its boundaries;...

s. 64(2)

A county borough established by this Act shall not be treated as a borough for the purposes of any Act passed before 1st April 1974.

s. 64(3)

Subject to the provisions of this section, this Act and the 1972 Act shall be construed as one.

s. 64(4)

Subject to any provision to the contrary, in any amendment of an enactment made by or under this Act “Wales” has the same meaning as in section 269 of the 1972 Act.

s. 65 — Expenses.

s. 65(1)

There shall be defrayed out of money provided by Parliament—

s. 65(1)(a)

any expenses incurred by any Minister of the Crown under this Act; and

s. 65(1)(b)

any increase attributable to the provisions of this Act in the sums payable out of money so provided under any other enactment.

s. 65(2)

Any sums received by the Secretary of State under a provision of this Act shall be paid into the Consolidated Fund.

s. 66 — Short title, commencement, extent etc.

s. 66(1)

This Act may be cited as the Local Government (Wales) Act 1994.

s. 66(2)

The following provisions of this Act—shall come into force on the passing of this Act.

s. 66(2)(a)

sections 1(1), (2) and (7), 3, 6, 7, 39, 40, 43, 46, 47, 48, 54, 55, 63 and 64,

s. 66(2)(b)

Schedules 1, 3, 13 and 14 and paragraphs 1, 4, 6 and 9 of Schedule 17, and

s. 66(2)(c)

subsections (1) to (4) and (9) of this section,

s. 66(3)

The other provisions of this Act shall come into force on such day as the Secretary of State may by order appoint.

s. 66(4)

Different days may be appointed by an order under subsection (3) for different purposes and different provisions.

s. 66(5)

Schedule 15 makes minor and consequential amendments of the 1972 Act.

s. 66(6)

Schedule 16 makes certain miscellaneous consequential amendments.

s. 66(7)

Schedule 17 contains transitional provisions and savings.

s. 66(8)

The repeals set out in Schedule 18, which include repeals of certain enactments which are spent, shall have effect.

s. 66(9)

This Act does not extend to Scotland or Northern Ireland except that any amendment or repeal of another enactment by this Act has the same extent as the enactment amended or repealed.

Sch 1

The New Principal Areas

Sch 1 para 1

For Part I of Schedule 4 to the 1972 Act substitute—

Sch 1 para 2

For Part II of Schedule 4 to the 1972 Act substitute—

Sch 1 para 3

For Part III of Schedule 4 to the 1972 Act substitute—

Sch 2

Provisions Applying to Preserved Counties

Sch 2 para 1

The provisions of section 19 of the Defence Act 1842 (valuing of premises in default of agreement) shall be subsection (1) of that section and at the end add—

Sch 2 para 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 2 para 3

The provisions of section 10 of the Sea Fisheries (Shellfish) Act 1967 (jurisdiction in relation to fishery) shall be subsection (1) of that section and at the end add—

Sch 2 para 4

In section 54 of the 1972 Act (proposals for changes in local government areas in Wales), after subsection (1) insert—

Sch 2 para 5

For section 56(1) of the 1972 Act (power of Secretary of State to direct holding of reviews), substitute—

Sch 2 para 6

At the end of section 219 of the 1972 Act (sheriffs and under-sheriffs), after subsection (8) add—

Sch 2 para 7

At the end of section 224 of the 1972 Act (arrangements by principal councils for custody of documents) add—

Sch 2 para 8

For section 269 of the 1972 Act (meaning of “England” and “Wales”) substitute—

Sch 2 para 9

In Schedule 1 to the Interpretation Act 1978 (words and expressions defined) for the definition of “Wales” substitute—

Sch 2 para 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 2 para 11

Sch 2 para 11(1)

In section 1 of the Magistrates’ Courts Act 1980 (issue of summons to accused or warrant for his arrest), in subsection (8) after “county” insert “ in England, any preserved county in Wales ”.

Sch 2 para 11(2)

In section 2 of that Act (jurisdiction to deal with charges), in subsections (1) and (3) after first “county” insert “ in England, a preserved county in Wales ” and after second “county” insert “ , the preserved county ”.

Sch 2 para 11(3)

In section 3 of that Act (offences committed on boundaries etc.), in subsection (4) after “county” insert “ in England, any preserved county in Wales ”.

Sch 2 para 11(4)

In section 150(1) of that Act (interpretation), after the definition of “prescribed” insert—.

Sch 2 para 12

Sch 2 para 12(1)

The provisions of section 177 of the Representation of the People Act 1983 (local election offence punishable summarily) shall be subsection (1) of that section and at the end add—

Sch 2 para 12(2)

In Schedule 1 to that Act (parliamentary election rules), in the Appendix, in the entry relating to the form of the certificate to be endorsed on the writ, insert the following—

Sch 2 para 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 3

Establishment of New Principal Councils

Paragraph

The following is substituted for Schedule 5 to the 1972 Act—

Sch 4

Exercise of Planning Functions in Wales

Paragraph

After Schedule 1 to the planning Act insert the following Schedule—

Sch 5

Unitary Development Plans in Wales

Sch 5

Minor and Consequential Amendments

Sch 5 para 1

Part II of the planning Act is amended as provided in this Part of this Schedule.

Sch 5 para 2

In section 12 (preparation of unitary development plan), at the end add—

Sch 5 para 3

In sections 15 and 18 (adoption of unitary development plan by local planning authority, and calling in of unitary development plan for approval by Secretary of State), in subsection (3) in each case, after “unitary development plan” insert “ for an area in England ”.

Sch 5 para 4

After section 23 (joint unitary development plans), insert the following sections—

Sch 5 para 5

In section 26 (regulations and directions), after subsection (3) insert—

Sch 5 para 6

After section 27 insert the following section—

Sch 5 para 7

For section 29 (application of Chapter II to non-metropolitan areas), substitute—

Sch 5

Commencement of Unitary Development Plans

Sch 5 para 8

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Sch 5

Transitional Provisions

Sch 5 para 9

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Sch 5 para 10

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Sch 5 para 11

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Sch 5 para 12

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Sch 5 para 13

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Sch 5 para 14

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Sch 5 para 15

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Sch 5 para 16

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Sch 5 para 17

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Sch 5 para 18

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Sch 5 para 19

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Sch 5 para 20

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Sch 5 para 21

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Sch 5 para 22

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Sch 5 para 23

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Sch 6

Minor and Consequential Amendments: Planning

Sch 6

The 1972 Act: National Parks and Countryside Functions

Sch 6 para 1

In section 184 of the 1972 Act (National Park and countryside functions), for subsection (1) substitute—

Sch 6 para 2

Schedule 17 to the 1972 Act is amended as provided in paragraphs 13 and 14.

Sch 6 para 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 6 para 4

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Sch 6 para 5

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Sch 6 para 6

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Sch 6 para 7

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Sch 6 para 8

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Sch 6 para 9

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Sch 6 para 10

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Sch 6 para 11

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Sch 6 para 12

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Sch 6 para 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 6 para 14

In paragraph 37 (identification of local planning authority), after “in relation to land” insert “ in England ”.

Sch 6

Other Enactments

Sch 6 para 15

Sch 6 para 15(1)

In section 57 of the National Parks and Access to the Countryside Act 1949 (penalty for displaying on footpaths notices deterring public use), in subsection (3), after “district” insert “ or, where they are not the highway authority, the council of the Welsh county or county borough ”.

Sch 6 para 15(2)

The provisions of section 69 of that Act (suspension of public access to avoid exceptional risk of fire) shall be subsection (1) of that section and at the end of that section add—

Sch 6 para 15(3)

In Schedule 1 to that Act (orders designating National Parks and other orders)—

Sch 6 para 15(3)(a)

in paragraph 1(3)(a), for “area of every county planning authority whose area” substitute “ every county or county borough which ”;

Sch 6 para 15(3)(b)

in paragraph 2(5), after “county planning authority” insert “ or, in Wales, the local planning authority ”.

Sch 6 para 16

Sch 6 para 16(1)

In section 148 of the Local Government, Planning and Land Act 1980 (planning control), in subsection (4) for “References” substitute “ Except in relation to land in Wales, references ”.

Sch 6 para 16(2)

In Schedule 28 to that Act (powers of urban development corporations), in paragraph 11(2)(i), after “district planning authority” insert “ or, in Wales, the local planning authority ”.

Sch 6 para 17

Sch 6 para 17(1)

In section 17 of the Acquisition of Land Act 1981 (special parliamentary procedure for purposes of acquisition of local authority and statutory undertakers’ land)—

Sch 6 para 17(1)(a)

in subsection (3), after “Planning Board,” insert “ a Welsh planning board, ”; and

Sch 6 para 17(1)(b)

in subsection (4), after the definition of “statutory undertakers” add—

Sch 6 para 17(2)

In paragraph 4 of Schedule 3 to that Act (acquisition of new rights over special kinds of land)—

Sch 6 para 17(2)(a)

in sub-paragraph (3), after “Planning Board,” insert “ a Welsh planning board, ”; and

Sch 6 para 17(2)(b)

in sub-paragraph (4), after the definition of “statutory undertakers” add—

Sch 6 para 18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 6 para 19

In section 573 of the Housing Act 1985 (meaning of “public sector authority”), in subsection (1), after “the Lake District Special Planning Board” insert—and, after that subsection, insert—

Sch 6 para 20

In Schedule 2 to the Local Government Act 1988 (public authorities for the purposes of public supply or works contracts), after “The Peak Park Joint Planning Board” insert—

Sch 6 para 21

In Section 74 of the Local Government Finance Act 1988 (power of Secretary of State to make regulations authorising a levying body to issue a levy) at the end add—

Sch 6 para 22

In Schedule 8 to the Electricity Act 1989 (consents for generating stations and overhead lines), in paragraph 2(6), in paragraph (a) omit “and Wales” and after that paragraph insert—.

Sch 6 para 23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 6 para 24

Sch 6 para 24(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 6 para 24(2)

In section 110(2) of that Act (registration of compensation for depreciation), after “district” insert “ , Welsh county, county borough ”.

Sch 6 para 24(3)

In section 137(2) of that Act (service of purchase notice), after “district” insert “ , Welsh county, county borough ”.

Sch 6 para 24(4)

In section 140(2) of that Act (notice to be given by Secretary of State where purchase notice referred to him), in paragraph (c)—

Sch 6 para 24(4)(a)

at the beginning, insert “ in England ”, and

Sch 6 para 24(4)(b)

after “to that board;” insert—.

Sch 6 para 24(5)

In section 188(1) of that Act (register of enforcement and stop notices), after “planning authority” insert “ , every local planning authority for an area in Wales ”.

Sch 6 para 24(6)

In section 226 of that Act (compulsory acquisition of land for development and other planning purposes), in subsection (6)—and, in subsection (8), after “counties,” insert “ county boroughs, ”.

Sch 6 para 24(6)(a)

in paragraph (a), after first “county” insert “ in England ”; and

Sch 6 para 24(6)(b)

in paragraph (b), after “the district;” insert—,

Sch 6 para 24(7)

In section 227(1) of that Act (acquisition of land by agreement), after “county,” insert “ county borough, ”.

Sch 6 para 24(8)

In section 231(1) of that Act (power of Secretary of State to require acquisition or development of land), after “county,” insert “ county borough, ”.

Sch 6 para 24(9)

In section 247(3)(b) of that Act (highways affected by development: orders by Secretary of State), after “county council,” insert “ county borough council, ”.

Sch 6 para 24(10)

In section 252 of that Act (procedure for making of orders under Part X), in subsection (12), in the definition of “local authority”—

Sch 6 para 24(10)(a)

after “county,” insert “ county borough, ”; and

Sch 6 para 24(10)(b)

after first “parish” insert “ , community ”.

Sch 6 para 24(11)

In section 253(4) of that Act (procedure in relation to orders for stopping up or diversion of highways in anticipation of planning permission), after “county,” insert “ county borough, ”.

Sch 6 para 24(12)

In section 307(1) of that Act (assistance for acquisition of property where objection made to blight notice in certain cases), after “county,” insert “ county borough, ”.

Sch 6 para 24(13)

In section 336 of that Act (interpretation), in subsection (1)—

Sch 6 para 24(13)(a)

in the definition of “authority possessing compulsory purchase powers”, after “or county council” insert “ or county borough council ”;

Sch 6 para 24(13)(b)

in the definition of “development plan”, for “27” substitute “ 27, 27A ”; and

Sch 6 para 24(13)(c)

in the definition of “mineral planning authority”, for “1(4)” substitute “ 1 ”.

Sch 6 para 24(14)

After section 336(1) of that Act insert—

Sch 6 para 24(15)

In paragraph 8 of Schedule 1 to that Act (local planning authorities: distribution of functions), in sub-paragraphs (1) and (2)(a), omit “or community”.

Sch 6 para 24(16)

In paragraph 3 of Schedule 13 to that Act (blighted land), for “for the district in which it” substitute “ where the land ”.

Sch 6 para 24(17)

In paragraph 1 of Schedule 14 to that Act (procedure for footpaths and bridleways orders)—

Sch 6 para 24(17)(a)

in sub-paragraph (2)(b)(ii), after first “rural parish” insert “ or community ”; and

Sch 6 para 24(17)(b)

in sub-paragraph (3), in the definition of “council”, after “county council,” insert “ a county borough council, ”.

Sch 6 para 24(18)

In Part I of Schedule 16 to that Act (provisions referred to in sections 314 to 319 of that Act), for “Section 1(1), (2), (3) and (5)” substitute “ Section 1(1) to (3), (5) and (6) ”.

Sch 6 para 24(19)

In paragraph 4 of Schedule 17 to that Act (enactments exempted from section 333(6)), after “a county council” insert “ , county borough council ”.

Sch 6 para 25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 6 para 26

Sch 6 para 26(1)

In section 1 of the Planning (Hazardous Substances) Act 1990 (hazardous substances authorities: general), after “district” insert “ , Welsh county, county borough ”.

Sch 6 para 26(2)

In section 3(1) of that Act (hazardous substances authorities: other special cases), after “non-metropolitan county” insert “ in England ”.

Sch 6 para 27

In Schedule 3 to the Planning (Consequential Provisions) Act 1990 (transitional provisions and savings), in paragraph 8(1), after “district planning authority” insert “ or, in Wales, the local planning authority ”.

Sch 6 para 28

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Sch 6 para 29

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Sch 7

Highways, Road Traffic and Transport

Sch 7

Highways

Sch 7 para 1

Sch 7 para 1(1)

Section 1 of the Highways Act 1980 (which makes general provision for determining the highway authority) is amended as follows.

Sch 7 para 1(2)

After subsection (3) insert—

Sch 7 para 1(3)

After subsection (4) add—

Sch 7 para 2

Sch 7 para 2(1)

Section 6 of that Act (delegation etc. of functions with respect to trunk roads) is amended as follows.

Sch 7 para 2(2)

After subsection (1A) of that section insert—.

Sch 7 para 2(3)

In subsection (6) of that section—

Sch 7 para 2(3)(a)

after “the county council” insert “ (the “responsible council”) ”;

Sch 7 para 2(3)(b)

after first “district council” insert “ or Welsh council (the “contracting council”) ”; and

Sch 7 para 2(3)(c)

for “district” in the second place in which it occurs substitute “ contracting ”.

Sch 7 para 2(4)

In subsection (6A) of that section, for “district council” substitute “ contracting council ” and after paragraph (b) insert—

Sch 7 para 3

In section 8(4) of that Act (restrictions on certain agreements between local highway authorities)—

Sch 7 para 3(a)

after first “county” insert “ (other than one in Wales) ”;

Sch 7 para 3(b)

after “another county” insert “ or county borough ”;

Sch 7 para 3(c)

for “the counties” substitute “ their areas ”;

Sch 7 para 3(d)

after “or of a county” insert “ or county borough ”; and

Sch 7 para 3(e)

after “the other county” insert “ or, as the case may be, county borough ”.

Sch 7 para 4

In section 36(7) of that Act (highways maintainable at public expense), after “the council of a county” insert “ in England ”.

Sch 7 para 5

In section 47(3) of that Act (procedure for applications with regard to unnecessary highways), after “relating to any highway” insert “ in England ”.

Sch 7 para 6

In section 67 of that Act (guard-rails in private streets), in subsection (5), at the end add “but, in relation to a street in Wales, means a Welsh council”.

Sch 7 para 7

In section 69 of that Act (subways), in subsection (3) at the end add “or, in the case of a road in Wales, as if the Welsh council in whose area it is situated were the highway authority for it”.

Sch 7 para 8

In section 79 of that Act (prevention of obstruction at corners), after subsection (3) insert—

Sch 7 para 9

In section 100 of that Act (drainage of highways), after subsection (6) insert—

Sch 7 para 10

In section 114 of that Act (provision of public conveniences), after subsection (2) insert—

Sch 7 para 11

In section 116(3) of that Act (notice of application to stop up or divert highway), after paragraph (a) insert—; and after “by the district council” insert “ or Welsh council ”.

Sch 7 para 12

In section 120 of that Act (exercise of powers under sections 118 to 119A), in subsection (2)(a), for “the” immediately before “other council” substitute “ any ”.

Sch 7 para 13

In section 151 of that Act (prevention of soil etc. being washed on to street), after subsection (1) insert—

Sch 7 para 14

In section 154 of that Act (overhanging and dangerous trees etc.), after subsection (1) insert—

Sch 7 para 15

In section 166 of that Act (forecourt abutting on streets), in subsection (5), after “Middle Temple,” insert “ a Welsh council ”.

Sch 7 para 16

In section 185 of that Act (power to install refuse or storage bins in streets), in subsection (1)(a), for “also” substitute “ if different ”.

Sch 7 para 17

In section 204(2) of that Act (advance payments code), at the end add—

Sch 7 para 18

Sch 7 para 18(1)

Section 205 of that Act (street works in private streets), is amended as follows.

Sch 7 para 18(2)

After subsection (4) insert—

Sch 7 para 18(3)

At the end of subsection (5) add—

Sch 7 para 19

In section 210 of that Act (power to amend specification, apportionment, etc), at the end of subsection (2) insert “ and, in the case of any part of a street in Wales, the Welsh council for the county or county borough in which it is situated, if different from the street works authority in whose area it is treated as situated. ”

Sch 7 para 20

In section 219 of that Act, (exceptions to application of advance payments code), after subsection (4) insert—

Sch 7 para 21

In section 220 of that Act (determination of payments under advance payments code), in subsection (1), after first “subsection (2)” insert “ or (2A) ”, after “district council” insert “ or Welsh council ” and for second “subsection (2)” substitute “subsections (2) and (2A)” and, after subsection (2), insert—

Sch 7 para 22

In section 223 of that Act (determination to cease to have effect when plans not proceeded with), at the end add—

Sch 7 para 23

In section 232 of that Act (power to treat as a private street land designated by development plan), in subsection (9), for “27” substitute “ 27, 27A ”.

Sch 7 para 24

In section 264 of that Act (vesting of drains etc. of certain roads), at the end insert—

Sch 7 para 25

After section 272(5) of that Act (advances for purposes of works under section 96) insert—

Sch 7 para 26

In section 287 of that Act (power to erect barriers in streets in cases of emergency etc.), in subsection (6), at the end add “but, in relation to Wales, means a Welsh council”.

Sch 7 para 27

Sch 7 para 27(1)

Section 329 of that Act (further provision as to interpretation) is amended as follows.

Sch 7 para 27(2)

In subsection (1)—

Sch 7 para 27(2)(a)

in the definition of “local authority”, at the end add “but, in relation to Wales, means a Welsh council”; and

Sch 7 para 27(2)(b)

at the end add—

Sch 7 para 27(3)

After subsection (2) insert—

Sch 7 para 27(4)

After subsection (3) of that section insert—

Sch 7 para 28

In Schedule 9 to that Act (improvement lines and building lines), after paragraph 2 insert—

Sch 7 para 29

In Schedule 12 to that Act (provisions as to orders under section 116 of that Act), in paragraph 1(d) after “district council” insert “ if the highway is a classified road in a Welsh county or county borough and the council of that county or county borough is not the highway authority, to the council of that county or county borough ”.

Sch 7 para 30

In section 8(4)(b) of the Conwy Tunnel (Supplementary Powers) Act 1983 (provisions supplementary to section 7), for “the Aberconwy Borough Council” substitute “ the Aberconwy and Colwyn County Borough Council ”.

Sch 7 para 31

In section 1(11) of the Level Crossings Act 1983 (interpretation), in the definition of “local authority”—

Sch 7 para 31(a)

omit “and Wales”, and

Sch 7 para 31(b)

after “City of London” insert “, in relation to Wales, means any council of a county or county borough”.

Sch 7 para 32

Sch 7 para 32(1)

In section 94 of the New Roads and Street Works Act 1991 (power of street authority or district council to undertake street works), after subsection (1) insert—

Sch 7 para 32(2)

In paragraph 2 of Schedule 2 to that Act (procedure in connection with toll orders), in sub-paragraph (3), after “City of London” insert “ but, in relation to Wales, means a county council or county borough council ”.

Sch 7 para 33

Sch 7 para 33(1)

In section 39(1) of the Severn Bridges Act 1992 (interpretation), in the definition of “local authority”, at the end insert “ but, in relation to Wales, means a county council or a county borough council ”.

Sch 7 para 33(2)

In paragraph 8 of Schedule 2 to that Act (correction of deposited plans), in sub-paragraph (3), for “Monmouth Borough Council” substitute “ Monmouthshire County Council ”.

Sch 7 para 33(3)

In of Schedule 3 to that Act (other highway works)—

Sch 7 para 33(3)(a)

in paragraph 6(4)(b), for “Gwent County Council” substitute “ Monmouthshire County Council ”; and

Sch 7 para 33(3)(b)

in paragraph 8(3), omit “Gwent County Council”.

Sch 7 para 34

Sch 7 para 34(1)

In section 11 of the Transport and Works Act 1992 (inquiries and hearings), in subsection (4), after “the Council of the Isles of Scilly” insert “ , a county borough council, ”.

Sch 7 para 34(2)

In section 14 of that Act (publicity for making or refusal of orders), in subsection (7), at the end insert “ but are, in relation to Wales, county councils and county borough councils ”.

Sch 7 para 34(3)

In section 48 of that Act (footpaths and bridleways over railways), in subsection (8), in the definition of “local authority” after “City of London” insert “ , a county borough council, ”.

Sch 7

Road Traffic and Transport

Sch 7 para 35

In section 159 of the Transport Act 1968 (interpretation), at the end add—

Sch 7 para 36

In section 82 of the Public Passenger Vehicles Act 1981 (general interpretation provisions), at the end add—

Sch 7 para 37

In section 35 of the Transport Act 1981 (charges for licensing of cabs and cab drivers), after subsection (3) insert—

Sch 7 para 38

Sch 7 para 38(1)

In section 39 of the Road Traffic Regulation Act 1984 (supplementary provisions as to exercise of powers under sections 32 to 35 in England or Wales), in subsection (4), omit “a district council in Wales proposes to make an order under section 32 or 35 of this Act, or”, and after subsection (7) insert—

Sch 7 para 38(2)

In section 44 of that Act (control of off-street parking outside Greater London)—

Sch 7 para 38(2)(a)

in subsection (1)(a), for “Welsh counties” substitute “ Welsh counties or county boroughs, by the county council or (as the case may be) county borough council ”; and

Sch 7 para 38(2)(b)

in subsection (3)(b) omit “and counties in Wales”.

Sch 7 para 38(3)

In section 45(7) of that Act (definition of “local authority” for purposes of sections making provision for parking on highways)—

Sch 7 para 38(3)(a)

in paragraph (b), for the words “or of a district” substitute “ or county borough ”; and

Sch 7 para 38(3)(b)

omit “in England and Scotland” and the words from “and in Wales” to the end.

Sch 7 para 38(4)

In section 49 of that Act (supplementary provisions as to designation orders and designated parking places), omit subsection (3).

Sch 7 para 38(5)

Omit section 54 of that Act (designation orders in Wales).

Sch 7 para 38(6)

In section 55 of that Act (financial provisions relating to designation orders)—

Sch 7 para 38(6)(a)

in subsections (2) and (4)(a) after “general fund” insert “ or, in Wales, council fund ”; and

Sch 7 para 38(6)(b)

omit subsection (6).

Sch 7 para 38(7)

In section 59 of that Act (consents for, and provisions as to use of, parking places under section 57(1)(b)), in subsection (2), in paragraph (b) omit “or community” and after that subsection insert—

Sch 7 para 38(8)

In section 100 of that Act (interim disposal of vehicles removed under section 99), in subsection (5), in paragraph (b) of the definition of “local authority”, for “or of a district” substitute “ or county borough ”.

Sch 7 para 38(9)

In section 125(4) of that Act (boundary roads), omit the words from “or, in relation to” to the end.

Sch 7 para 38(10)

In section 142 of that Act (interpretation), after subsection (1) insert—

Sch 7 para 38(11)

In Schedule 9 to that Act (special provisions as to certain orders)—

Sch 7 para 38(11)(a)

omit paragraph 11;

Sch 7 para 38(11)(b)

in paragraph 24, for “sections 39 and 54” substitute “ section 39 ”; and

Sch 7 para 38(11)(c)

in paragraph 27(2), omit “54(5)”.

Sch 7 para 39

Sch 7 para 39(1)

In section 63(4) of the Transport Act 1985 (functions of local councils with respect to passenger transport outside passenger transport areas), omit “and Wales”.

Sch 7 para 39(2)

In section 64(1) of that Act (consultation and publicity with respect to policies as to services), omit “and Wales”.

Sch 7 para 39(3)

In section 66(1) of that Act (exclusions of powers of certain councils to run bus undertakings) for “and Wales” substitute “ a county council or county borough council in Wales ”.

Sch 7 para 39(4)

Section 81 of that Act (provision, maintenance and operation of bus stations) is amended as provided in subsections (5) to (7).

Sch 7 para 39(5)

After subsection (2) insert—

Sch 7 para 39(6)

After subsection (5) of that section insert—

Sch 7 para 39(7)

In subsection (6) of that section, for “(3) or (5)” substitute “ (3), (5) or (5A) ”.

Sch 7 para 39(8)

In section 87 of that Act (interpretation of Part IV), at the end add—

Sch 7 para 39(9)

In section 105 of that Act (travel concessions on services provided by local authorities), after subsection (2) insert—

Sch 7 para 39(10)

In section 137 of that Act (general interpretation), after subsection (2) insert—

Sch 7 para 40

Sch 7 para 40(1)

In section 192 of the Road Traffic Act 1988 (general interpretation of Act), after subsection (1) insert—

Sch 7 para 40(2)

In paragraph 1(b) of Schedule 2 to that Act (deferred tests of condition of vehicles)—

Sch 7 para 40(2)(a)

omit “and Wales”; and

Sch 7 para 40(2)(b)

after “Greater London” insert “ in such county or county borough in Wales ”.

Sch 7 para 41

Sch 7 para 41(1)

Section 4 of the Road Traffic Offenders Act 1988 (offences for which local authorities in England and Wales may institute proceedings) is amended as follows.

Sch 7 para 41(2)

In subsection (5)—

Sch 7 para 41(2)(a)

for “or district” substitute “ or county borough ”; and

Sch 7 para 41(2)(b)

omit the words from “except, in Wales,” to the end.

Sch 7 para 41(3)

After subsection (7) add—

Sch 7 para 42

In section 47 of the Road Traffic Act 1991 (applications for licences to drive hackney carriages etc.), after subsection (2) add—

Sch 7 para 43

In Schedule 3 to the Road Traffic Act 1991 (permitted and special parking areas outside London)—

Sch 7 para 43(a)

in paragraphs 1(1)(a) and 2(1)(a), omit “and Wales”;

Sch 7 para 43(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 7 para 43(c)

omit paragraphs 1(1)(e) (except the word “or” immediately before paragraph (f)) and (2) and 2(2).

Sch 8

Housing

Sch 8 para 1

Sch 8 para 1(1)

In section 28 of the Leasehold Reform Act (retention or resumption of land required for public purposes), after subsection (6) insert—

Sch 8 para 1(2)

In Schedule 4A to that Act (exclusion of certain shared ownership leases), in paragraph 2(2)(a), after “county,” insert “ county borough, ”.

Sch 8 para 2

In section 5 of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or to local authority, etc.), in subsection (3)(a), after “county” insert “ , county borough ”.

Sch 8 para 3

Sch 8 para 3(1)

In section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority, etc.), in paragraph (a), after “county” insert “ or county borough ”.

Sch 8 para 3(2)

In section 62 of that Act (registration areas for registration of rents), in paragraph (a), after “counties” insert“ and county boroughs ”.

Sch 8 para 3(3)

In section 83 of that Act (local authorities for Part V), in paragraph (a), after “question,” insert—.

Sch 8 para 3(4)

In section 124(8) of that Act (which defines “local authority” for the purposes of that section), at the end add “ or, in Wales, the council of a county or county borough ”.

Sch 8 para 3(5)

In section 149 of that Act (powers of local authorities for the purposes of giving information), in subsection (2), after paragraph (a) insert—.

Sch 8 para 4

Sch 8 para 4(1)

In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences), in subsection (8)(a), after “county,” insert “ county borough, ”.

Sch 8 para 4(2)

In section 6 of that Act (prosecution of offences), after paragraph (a) insert—.

Sch 8 para 5

and, in subsection (3), after “county,” insert “ county borough, ”.

Sch 8 para 5(1)

In section 1 of the Housing Act 1985 (local housing authorities), after “City of London” insert “ a Welsh county council or county borough council ”.

Sch 8 para 5(2)

In section 2(1) of that Act (the district of a local housing authority), after “City of London” insert “ the Welsh county or county borough, ”.

Sch 8 para 5(3)

In section 4 of that Act (other descriptions of authority), in paragraph (e), after “county,” insert “ county borough, ”.

Sch 8 para 5(4)

In section 14 of that Act (exercise of powers by authority outside district), in subsection (2), in paragraph (b), after “outside that county” insert “ but in England ” and after that subsection insert—;

Sch 8 para 5(5)

In section 16(2) of that Act (exercise outside Greater London of powers of authorities in London), after “district” insert “ or, in Wales, of the county or county borough ”.

Sch 8 para 5(6)

In section 28 of that Act (reserve powers to provide housing accommodation), in subsection (1), after “councils” insert “ in England ”.

Sch 8 para 5(7)

In sections 105(6)(b) and 106(3)(b) of that Act (consultation on matters of housing management and information about housing allocation), after “district” insert “ , Welsh county or county borough ” in each place.

Sch 8 para 6

Sch 8 para 6(1)

In section 34 of the Housing Associations Act 1985 (provision of land by county councils), in subsection (1), after “wishes to erect houses” insert “ in England ”.

Sch 8 para 6(2)

In section 106(1) of that Act (minor definitions: general), in the definition of “local authority”, after “county,” insert “ county borough, ”.

Sch 8 para 7

In section 38 of the Landlord and Tenant Act 1985 (minor definitions), in the definition of “local authority” after “county” insert “ county borough ”.

Sch 8 para 8

In section 58 of the Landlord and Tenant Act 1987 (exempt landlords and resident landlords), in subsection (1)(a) after “county” insert “ , county borough ”.

Sch 8 para 9

Sch 8 para 9(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8 para 9(2)

In Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies), in paragraph 12(2)(a) (local authority tenancies etc.), after “county,” insert “ county borough, ”.

Sch 8 para 10

Sch 8 para 10(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8 para 10(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8 para 10(3)

In section 172 of that Act (transfer of new town housing stock)—

Sch 8 para 10(3)(a)

in subsections (2)(a) and (7)(c), after “district council” insert “ or Welsh county council or county borough council ” in both places; and

Sch 8 para 10(3)(b)

in subsection (2)(a), for second “district” substitute “ area ”.

Sch 8 para 11

In section 15A of the Social Security Administration Act 1992 (payment out of benefit of sums in respect of mortgage interest etc.), in subsection (3)(d), after “county council,” insert “ county borough council, ”.

Sch 9

Public Health

Sch 9 para 1

In section 9 of the Celluloid and Cinematograph Film Act 1922 (definitions), in the definition of “local authority”, after “of a county” insert “ or county borough ”.

Sch 9 para 2

In section 2(1)(c) of the Petroleum (Consolidation) Act 1928 (local authorities empowered to grant petroleum-spirit licences outside Greater London), after “county council” insert “ or county borough council ”.

Sch 9 para 3

Sch 9 para 3(1)

In section 1 of the Public Health Act 1936 (local authorities), in paragraph (a) of subsection (1), at the beginning insert “ except in Wales, ” and omit “or community”, and after that paragraph insert—.

Sch 9 para 3(2)

In subsection (2) of section 1—

Sch 9 para 3(2)(a)

in the definition of “district”, at the end add “ and, in relation to a local authority in Wales, means a county or (as the case may be) county borough ”; and

Sch 9 para 3(2)(b)

in the definition of “local authority”, at the end add “but, in relation to Wales, means the council of a county or county borough”.

Sch 9 para 3(3)

In section 6 of that Act (union of districts, etc.), at the end add—

Sch 9 para 3(4)

In section 267 of that Act (application to ships and boats), after subsection (2) insert—

Sch 9 para 3(5)

In section 309 of that Act (expenses of joint boards), at the end add—

Sch 9 para 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 9 para 5

In section 2 of the Nurses Agencies Act 1957 (licensing of agencies), at the end of subsection (1) add “but, in relation to a county or county borough in Wales, means the council of that county or county borough.”

Sch 9 para 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 9 para 7

In section 6(4) of the Riding Establishments Act 1964 (interpretation), in the definition of “local authority”, after “City of London;” insert “ in Wales means the council of a county or county borough; ”.

Sch 9 para 8

In section 43(1) of the Fire Precautions Act 1971 (interpretation), in the definition of “local authority”, in paragraph (a) omit “and Wales” and after that paragraph insert—.

Sch 9 para 9

In section 53(1) of the Health and Safety at Work etc. Act 1974 (general interpretation of Part I), in the definition of “local authority”, in paragraph (a) omit “and Wales” and after that paragraph insert—.

Sch 9 para 10

Sch 9 para 10(1)

In section 22 of the Control of Pollution Act 1974 (street cleaning etc), in subsection (4), in the definition of “local authority”, after “City of London” insert “ but, in relation to Wales, means the council of a county or county borough ”.

Sch 9 para 10(2)

In section 30 of that Act (interpretation etc. of Part I), in subsection (1), after “following subsection” insert “ and to subsection (6) below ”, and at the end add—

Sch 9 para 10(3)

In section 73(1) of that Act (interpretation of Part III), in paragraph (a) of the definition of “local authority” omit “and Wales” and after “Middle Temple;” insert—.

Sch 9 para 10(4)

In section 98 of that Act (interpretation of Part V), in paragraph (a) of the definition of “relevant authority” omit “and Wales” and at the end of that paragraph insert—.

Sch 9 para 10(5)

In section 105(1) of that Act (general interpretation), after “county” insert, “county borough”.

Sch 9 para 11

In section 11(1) of the Refuse Disposal (Amenity) Act 1978 (interpretation), in paragraph (c) of the definition of “local authority”, for “district council” substitute “ county council or county borough council ”.

Sch 9 para 12

The provisions of section 10 of the Litter Act 1983 (interpretation) shall be subsection (1) of that section, and at the end of that section add—

Sch 9 para 13

and in subsection (4)(c), after “county councils” insert “ or county borough councils ”.

Sch 9 para 13(1)

In section 1 of the Public Health (Control of Disease) Act 1984 (authorities administering the Act), in subsection (1), after paragraph (a) insert—;

Sch 9 para 13(2)

In section 13 of that Act (regulations for control of certain diseases), in subsection (4)(a), after “county councils,” insert “ county borough councils, ”.

Sch 9 para 13(3)

In section 53 of that Act (interpretation of Part IV), in the definition of “canal”, after “county” insert “or county borough”.

Sch 9 para 13(4)

In section 64 of that Act (restriction on right to prosecute), in subsection (2)(a), after “district council” insert “Welsh county council, county borough council”.

Sch 9 para 13(5)

In section 74 of that Act (general interpretation), in the definition of “district”, at the end add “and, in relation to a local authority in Wales, means a county or county borough”.

Sch 9 para 14

In section 61 of the Food Act 1984 (interpretation for Part III), in the definition of “local authority”, after “parish” insert “ council but, in relation to Wales, means a county council, county borough council ”.

Sch 9 para 15

Sch 9 para 15(1)

In section 18 of the Building Act 1984 (building over sewer etc.), after subsection (2) insert—

Sch 9 para 15(2)

In section 87 of that Act (application of provisions to Crown property), after subsection (2) insert—

Sch 9 para 15(3)

In section 126 of that Act (general interpretation), in the definition of “local authority”, after “Isles of Scilly” insert “ but, in relation to Wales, means the council of a county or county borough; ”.

Sch 9 para 16

Sch 9 para 16(1)

In section 5 of the Food Safety Act 1990 (definition of food authority), in subsection (1) omit “and Wales”, and after that subsection insert—

Sch 9 para 16(2)

In section 27(5) of that Act (appointment of public analysts), after “district” insert “ in England ”.

Sch 9 para 17

Sch 9 para 17(1)

In section 4(11) of the Environmental Protection Act 1990 (which defines “local authority” for the purposes of Part I), . . . after “Isles of Scilly;” insert—.

Sch 9 para 17(2)

In section 30 of that Act (authorities for purposes of Part II), for subsection (2)(f) substitute—.

Sch 9 para 17(3)

In subsection (3) of section 30, in paragraph (a) omit “and Wales” and after paragraph (b) insert—.

Sch 9 para 17(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 9 para 17(5)

In section 79(7) of that Act (miscellaneous definitions for purposes of Part III), in paragraph (b) of the definition of “local authority”, at the beginning insert “ in England ” and after “council;” insert—.

Sch 9 para 17(6)

In section 86 of that Act (preliminary provisions relating to litter), in subsection (2), after paragraph (a) insert—.

Sch 9 para 17(7)

In subsection (9)(b) of section 86, at the beginning insert “in England” and after “district;” insert—.

Sch 9 para 17(8)

In section 88 of that Act (fixed penalty notices for leaving litter), in subsection (9)—

Sch 9 para 17(8)(a)

in paragraph (a), for “a county” substitute “ an English county ”; and

Sch 9 para 17(8)(b)

in paragraph (b), immediately before “county council” insert “ English ”.

Sch 9 para 17(9)

In that Act, in each of—for “a” immediately before “county council” substitute “ an English ”, and immediately before each of “regional” and “joint” insert “ a ”.

Sch 9 para 17(9)(a)

section 90(3) (litter control areas),

Sch 9 para 17(9)(b)

section 92(1) (summary proceedings by litter authorities), and

Sch 9 para 17(9)(c)

section 95(1) (public registers),

Sch 9 para 17(10)

In section 93(1) of that Act (street litter control notices), for “a” immediately before “county council” substitute “ an English ”, and immediately before “regional” insert “ a ”.

Sch 9 para 17(11)

In section 99(5) of that Act (provisions relating to abandoned trolleys), in paragraph (d), after “Isles of Scilly;” insert—.

Sch 9 para 17(12)

In section 143 of that Act (public registers of land which may be contaminated), in subsection (6), in paragraph (b) of the definition of “local authority”, omit “and Wales” and after “council;” insert—.

Sch 9 para 17(13)

In section 149 of that Act (seizure of stray dogs), in subsection (11), in the definition of “local authority” omit “and Wales” and after “Isles of Scilly” insert “ in relation to Wales, means a county council or a county borough council ”.

Sch 9 para 18

In section 64(1) of the Clean Air Act 1993 (general provisions as to interpretation) in the definition of “local authority”, in paragraph (a) omit “and Wales” and after “Middle Temple” insert—.

Sch 10

Social Services

Sch 10 para 1

Sch 10 para 1(1)

Section 96 of the Children and Young Persons Act 1933 (provisions as to local authorities) is amended as follows.

Sch 10 para 1(2)

In subsection (1A), at the end add “but, in relation to Wales, shall be the councils of counties and county boroughs”.

Sch 10 para 1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 10 para 2

Sch 10 para 2(1)

In section 47 of the National Assistance Act 1948 (removal to suitable premises of persons in need of care and attention), in subsection (12), after “City of London” insert “ , in Wales the councils of counties and county boroughs ”.

Sch 10 para 2(2)

In section 64(1) of that Act (interpretation), in the definition of “local authority” at the end add “ but in relation to Wales means the council of a county or county borough ”.

Sch 10 para 3

In section 3 of the Disabled Persons (Employment) Act 1958 (provision of sheltered employment by local authorities), in subsection (5), omit “or Wales” and at the end add “ and in relation to Wales, the council of a county or county borough ”.

Sch 10 para 4

Sch 10 para 4(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 10 para 4(2)

In section 63 of that Act (interpretation), in subsection (1A), after “metropolitan counties),” insert “ of county boroughs, ”.

Sch 10 para 5

Sch 10 para 5(1)

In section 45 of the Health Services and Public Health Act 1968 (promotion, by local authorities, of the welfare of old people), in subsection (11), after “county, or of a” insert “ county borough, ”.

Sch 10 para 5(2)

In section 64 of that Act (financial assistance to certain voluntary organisations), in subsection (3)(b), after “non-metropolitan county,” insert “ county borough, ”.

Sch 10 para 5(3)

In section 65 of that Act (which makes similar provision relating to financial assistance by local authorities), in subsection (3)(a), after “county, or of a” insert “ county borough, ”.

Sch 10 para 6

In section 70(1) of the Children and Young Persons Act 1969 (interpretation), in the definition of “local authority”, after “county or of a” insert “ county borough, ”.

Sch 10 para 7

In section 1 of the Local Authority Social Services Act 1970 (local authorities for the purposes of the Act), at the end add “ but, in relation to Wales, shall be the councils of counties and county boroughs ”.

Sch 10 para 8

In section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons), in subsection (8), omit “or Wales” and after “London borough” insert “ , the council of a Welsh county or county borough ”.

Sch 10 para 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 10 para 10

In Schedule 5 to the Supplementary Benefits Act 1976 (re-establishment courses and resettlement units)—

Sch 10 para 10(a)

in paragraph 2(2), after “counties” insert “ , of county boroughs ”; and

Sch 10 para 10(b)

in paragraph 4(2), after “county,” insert “ a county borough, ”.

Sch 10 para 11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 10 para 12

In Part II of Schedule 9 to the Health and Social Services and Social Security Adjudications Act 1983 (meals and recreation for old people)—

Sch 10 para 12(a)

in paragraphs 1 and 2, after “council” insert “ or Welsh county council or county borough council ” in each place; and

Sch 10 para 12(b)

in paragraph 3, after “district councils” insert “ or Welsh county councils or county borough councils ” in all places.

Sch 10 para 13

In section 105 of the Children Act 1989 (interpretation), in the definition of “local authority” in subsection (1), omit “and Wales” and after “City of London” insert “, in relation to Wales, the council of a county or a county borough”.

Sch 10 para 14

In section 46 of the National Health Service and Community Care Act 1990 (local authority plans for community care services), in subsection (3), in the definition of “local authority”, after “county,” insert “ a county borough, ”.

Sch 11

Water, Land Drainage and Coast Protection

Sch 11

Water

Sch 11 para 1

In section 2 of the Reservoirs Act 1975 (functions of local authorities), in subsection (1)—

Sch 11 para 1(a)

omit “and Wales”; and

Sch 11 para 1(b)

after “London boroughs” insert “ , in Wales, the councils of counties and county boroughs ”.

Sch 11 para 2

Sch 11 para 2(1)

In section 191 of the Water Industry Act 1991 (duties to make recreational facilities available when building reservoirs in Wales), in subsection (2)(b), for “district” substitute “ county or county borough ”.

Sch 11 para 2(2)

In section 219 of that Act (interpretation), in subsection (1), in the definition of “local authority”, at the end add “ but, in relation to Wales, means the council of a county or county borough ”.

Sch 11 para 3

Sch 11 para 3(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 11 para 3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 11 para 3(3)

In section 140 of that Act (appeals relating to contributions from internal drainage boards), in subsection (1)(b), after “county” insert “ , county borough ”.

Sch 11 para 3(4)

In section 167 of that Act (power to dispose of spoil in connection with flood defence works), in subsection (3), after “London borough” insert “ or Welsh county or county borough ”.

Sch 11 para 3(5)

In section 184 of that Act (duties to make recreational facilities available when building reservoirs in Wales), in subsection (2)(b), for “district” substitute “ county or county borough ”.

Sch 11 para 3(6)

In section 221 of that Act (general interpretation), in the definition of “local authority” in subsection (1), after “county,” insert “ county borough, ”.

Sch 11 para 3(7)

In Schedule 8 to that Act (proceedings on applications for drought orders), in the Table in paragraph 1(2), for “a county” in each place substitute “ an English county ”.

Sch 11 para 3(8)

In Schedule 14 to that Act (orders transferring main river functions to the Authority), in paragraph 2(2)(a), after “county council” insert “ , county borough council ”.

Sch 11 para 3(9)

In Schedule 15 to that Act (drainage charges), in paragraph 13(4), after “London borough” in each place insert “ or Welsh county or county borough ”.

Sch 11 para 3(10)

In Schedule 16 to that Act (schemes imposing special drainage charges)—

Sch 11 para 3(10)(a)

in paragraph 1(2)(a)(i), after “county,” insert “ county borough, ”; and

Sch 11 para 3(10)(b)

in paragraph 3(2)(a), after “county council” insert “ , county borough council ”.

Sch 11 para 3(11)

In Schedule 19 to that Act (orders conferring compulsory works powers), in paragraph 1(3)(a), for “a county” substitute “ an English county ”.

Sch 11

Land Drainage

Sch 11 para 4

Sch 11 para 4(1)

In section 10 of the Land Drainage Act 1991 (exercise of default powers by local authorities), in subsection (1), after “county,” insert “ county borough, ”.

Sch 11 para 4(2)

In section 14 of that Act (general drainage powers of boards and local authorities), in subsection (4)(b), for “a county” substitute “ an English county ”.

Sch 11 para 4(3)

In section 15 of that Act (disposal of spoil by boards and local authorities), in subsection (5), for “London borough,” substitute “ London borough or Welsh county or county borough, ”.

Sch 11 para 4(4)

In section 16 of that Act (exercise of local authority powers under sections 14 and 15), in subsection (1), for “subsection (3)” substitute “ subsections (3) and (3A) ”, in subsection (2), after “borough council” insert “ or Welsh county council or county borough council ”, and at the end add—

Sch 11 para 4(5)

In section 18 of that Act (drainage of small areas), after subsection (1) insert—

Sch 11 para 4(6)

In section 20 of that Act (arrangements with other persons for carrying out drainage works), at the end add—

Sch 11 para 4(7)

In section 55 of that Act (powers to borrow), in subsection (2), after “county” insert “ , county borough ”.

Sch 11 para 4(8)

In section 57 of that Act (contributions by the NRA to expenses of internal drainage boards), in subsection (4)(b), after “county” insert “ , county borough ”.

Sch 11 para 4(9)

In section 58 of that Act (allocation of NRA revenue for its functions as an internal drainage board), in subsection (4), after “county” insert “ , county borough ”.

Sch 11 para 4(10)

In section 62 of that Act (powers to acquire land), in subsection (2), after “London borough” insert “ or Welsh county or county borough ”.

Sch 11 para 4(11)

In section 66 of that Act (powers to make byelaws), in subsections (1) and (2), for “a county” in each place substitute “ an English county ”.

Sch 11 para 4(12)

In section 72 of that Act (interpretation), in the definition of “local authority” in subsection (1), after “county,” insert “ county borough, ”.

Sch 11 para 4(13)

In Schedule 2 to that Act (expenses and proceedings etc of internal drainage boards), in paragraphs 4(1)(b) and 5(1)(b), after “county” in each place insert “ , county borough ”.

Sch 11 para 4(14)

In Schedule 3 to that Act (procedure with respect to certain orders), in paragraph 2(2)(a), after “county council”, insert “ , county borough council ”.

Sch 11 para 4(15)

In Schedule 4 to that Act (schemes for small drainage works), in paragraph 3(2), after “county,” insert “ county borough, ”.

Sch 11

Coast Protection

Sch 11 para 5

Sch 11 para 5(1)

In section 2 of the Coast Protection Act 1949 (constitution of coast protection boards), in subsection (2)(a), after “county” insert “ (other than one in Wales) ”.

Sch 11 para 5(2)

In section 20 of that Act (contributions towards expenses of coast protection)—

Sch 11 para 5(2)(a)

in subsection (1), omit “or Wales”;

Sch 11 para 5(2)(b)

in subsection (4), omit “or Wales”;

Sch 11 para 5(2)(c)

in subsection (5), for “or Wales” substitute “ , the council of a county or county borough in Wales ”.

Sch 11 para 5(3)

In section 21 of that Act (grants), in subsection (1)(b), after “county” insert “ or county borough ”.

Sch 11 para 5(4)

In section 22 of that Act (incidental use of land acquired for coast protection), in subsection (2), for “or Wales” substitute “ , the council of a county or county borough in Wales ”.

Sch 11 para 5(5)

In section 45 of that Act (service of notices and other documents), in subsection (1)(b), after “county,” insert “ county borough, ”.

Sch 11 para 5(6)

In section 49 of that Act (interpretation), in the definition of “maritime district”, after second “district” insert “ or Welsh county or county borough ”.

Sch 11 para 5(7)

In Schedule 1 to that Act (orders), in paragraph 1(a), after “county,” insert “ county borough, ”.

Sch 12

Funds

Sch 12 para 1

In section 148 of the 1972 Act (principal councils’ funds and accounts) at the end add—

Sch 12 para 2

After section 89 of the Local Government Finance Act 1988 insert—

Sch 12 para 3

In section 111(2) of that Act (relevant authorities for purposes of provisions relating to financial administration) after paragraph (a) insert—.

Sch 12 para 4

Sch 12 para 4(1)

Section 32 of the Local Government Finance Act 1992 (calculation of budget requirement) is amended as follows.

Sch 12 para 4(2)

In subsection (3)(a), after “fund” insert “ or (as the case may be) council fund ”.

Sch 12 para 4(3)

After subsection (3) insert—

Sch 12 para 4(4)

In subsection (7)(a)(i), after “general fund” insert “ or (as the case may be) council fund ”.

Sch 12 para 4(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 12 para 4(6)

In subsection (9)(b), for “(8)” substitute “ (8B) ”.

Sch 12 para 5

Sch 12 para 5(1)

Section 33 of that Act (calculation of basic amount of council tax) is amended as follows.

Sch 12 para 5(2)

In subsection (1), after “general fund” insert “ or (as the case may be) council fund ”.

Sch 12 para 5(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 12 para 6

In section 35 of that Act (definition of “special items”), at the end add—

Sch 12 para 7

In sections 37 . . . of that Act (substitute calculations), . . . in subsection (5)(a), after “general fund” insert “ or (as the case may be) council fund ”.

Sch 12 para 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 13

The Residuary Body for Wales: Corff Gweddilliol Cymru

Sch 13 para 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 13 para 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 13 para 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 13 para 4

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Sch 13 para 5

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Sch 13 para 6

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Sch 13 para 7

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Sch 13 para 8

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Sch 13 para 9

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Sch 13 para 10

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Sch 13 para 11

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Sch 13 para 12

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Sch 13 para 13

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Sch 13 para 14

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Sch 13 para 15

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Sch 13 para 16

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Sch 13 para 17

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Sch 13 para 18

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Sch 13 para 19

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Sch 13 para 20

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Sch 13 para 21

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Sch 13 para 22

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Sch 13 para 23

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Sch 13 para 24

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Sch 13 para 25

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Sch 13 para 26

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Sch 13 para 27

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Sch 13 para 28

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Sch 13 para 29

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Sch 13 para 30

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Sch 13 para 31

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Sch 13 para 32

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Sch 13 para 33

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Sch 14

Sch 14 para 1

Sch 14 para 1(1)

The Commission shall consist of not less than 4 and not more than 7 members, at least one of whom shall be Welsh-speaking.

Sch 14 para 1(2)

The members shall be appointed by the Secretary of State.

Sch 14 para 1(3)

The Secretary of State shall appoint one of the members to be chairman.

Sch 14 para 1(4)

Subject to the provisions of this paragraph, each member shall hold and vacate office in accordance with the terms of his appointment.

Sch 14 para 1(5)

A person who ceases to be a member shall be eligible for re-appointment.

Sch 14 para 1(6)

A member may resign his office by notice in writing to the Secretary of State.

Sch 14 para 1(7)

The Secretary of State may remove a member from office if he is satisfied that the member—

Sch 14 para 1(7)(a)

is unable or unfit to carry out the functions of a member; or

Sch 14 para 1(7)(b)

has not complied with the terms of his appointment.

Sch 14 para 1(8)

A person shall cease to be chairman of the Commission—

Sch 14 para 1(8)(a)

if he resigns by notice in writing to the Secretary of State; or

Sch 14 para 1(8)(b)

if he ceases to be a member of the Commission.

Sch 14 para 2

Sch 14 para 2(1)

The Commission shall pay to its members such remuneration and allowances (if any) as the Secretary of State may determine.

Sch 14 para 2(2)

The Commission shall—

Sch 14 para 2(2)(a)

pay such pensions, allowances or gratuities to or in respect of any persons who have been or are its members as the Secretary of State may determine;

Sch 14 para 2(2)(b)

make such payments as the Secretary of State may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons.

Sch 14 para 2(3)

If, when any member ceases to hold office, the Secretary of State determines that there are special circumstances which make it right that that member should receive compensation, the Commission shall pay to him by way of compensation such sum as the Secretary of State may determine.

Sch 14 para 2(4)

The consent of the Treasury is required for any determination of the Secretary of State under this paragraph.

Sch 14 para 3

Sch 14 para 3(1)

The Commission shall appoint a person to act as its secretary and may appoint such other staff as it may determine.

Sch 14 para 3(2)

The consent of the Secretary of State is required for the appointment of any person as secretary to the Commission.

Sch 14 para 3(3)

The terms and conditions of appointment of any person under this paragraph shall be determined by the Commission with the consent of the Secretary of State.

Sch 14 para 3(4)

The Commission shall pay to its staff such remuneration, and such allowances, as the Secretary of State may determine.

Sch 14 para 3(5)

The Commission may—

Sch 14 para 3(5)(a)

pay such pensions, allowances or gratuities to or in respect of any persons who have been or are members of its staff as the Secretary of State may determine;

Sch 14 para 3(5)(b)

make such payments as the Secretary of State may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons.

Sch 14 para 3(6)

Any reference in sub-paragraph (5) to pensions, allowances or gratuities to or in respect of any persons includes a reference to payments by way of compensation to or in respect of any members of the Commission’s staff who suffer loss of office or employment or loss or diminution of emoluments.

Sch 14 para 3(7)

The consent of the Treasury is required for the giving of any consent under sub-paragraph (3) or for the making of any determination under sub-paragraph (4) or (5).

Sch 14 para 4

Sch 14 para 4(1)

Without prejudice to any powers exercisable apart from this paragraph, the Commission shall have power to do anything (whether or not involving the acquisition or disposal of any property or rights) which—

Sch 14 para 4(1)(a)

is calculated to facilitate the carrying out of any of its functions; or

Sch 14 para 4(1)(b)

is conducive or incidental to the carrying out of its functions.

Sch 14 para 4(2)

The Commission shall not by virtue of this paragraph have power to borrow money or to cause any local inquiry to be held.

Sch 14 para 4(3)

Where the Commission asks a public body to supply it with any information which it reasonably requires in connection with any of its functions, it shall be the duty of that body to supply the Commission with that information.

Sch 14 para 4(4)

The Secretary of State may give directions as to the exercise by the Commission of its powers under this paragraph.

Sch 14 para 5

Sch 14 para 5(1)

Subject to the following provisions of this Schedule, the Commission may regulate its own proceedings.

Sch 14 para 5(2)

The validity of any proceedings of the Commission shall not be affected by a vacancy amongst its members or by a defect in the appointment of a member, or by a contravention of paragraph 7.

Sch 14 para 6

Anything authorised or required by or under this Act to be done by the Commission may be done by—

Sch 14 para 6(a)

any member of the Commission, or of its staff, who has been authorised for the purpose, whether generally or specially, by the Commission; or

Sch 14 para 6(b)

any committee or sub-committee of the Commission which has been so authorised.

Sch 14 para 7

Sch 14 para 7(1)

A member who is directly or indirectly interested in any matter brought up for consideration at a meeting of the Commission shall disclose the nature of his interest to the meeting.

Sch 14 para 7(2)

Where such a disclosure is made, the member shall not take part in any deliberation or decision of the Commission with respect to that matter.

Sch 14 para 8

Sch 14 para 8(1)

The application of the seal of the Commission shall be authenticated by the signature of any member of the Commission, or of its staff, who has been authorised by the Commission, whether generally or specially, for the purpose.

Sch 14 para 8(2)

Any document purporting to be a document duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is shown, be deemed to have been so executed.

Sch 14 para 9

Sch 14 para 9(1)

The Secretary of State shall, in respect of each accounting year, pay to the Commission such amount as he may, with the consent of the Treasury, determine to be the amount required by the Commission for the discharge of its functions during that year.

Sch 14 para 9(2)

In this paragraph and paragraph 10 “accounting year” means the period beginning with the day on which the Commission is established and ending with the financial year current on that day, and each successive financial year.

Sch 14 para 10

Sch 14 para 10(1)

The Commission shall—

Sch 14 para 10(1)(a)

keep proper accounts and records in relation to the accounts; and

Sch 14 para 10(1)(b)

prepare in respect of each accounting year a statement of accounts in such form as the Secretary of State may, with the consent of the Treasury, direct.

Sch 14 para 10(2)

The accounts shall be audited by persons appointed for the purpose for each accounting year by the Secretary of State.

Sch 14 para 10(3)

A copy of any accounts audited under sub-paragraph (2) and of the report made on those accounts by the persons appointed to audit them shall be sent to the Secretary of State as soon as is reasonably practicable after the report is received by the Commission.

Sch 14 para 10(4)

The Secretary of State shall lay before each House of Parliament a copy of any accounts or report sent to him under this paragraph.

Sch 14 para 11

In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), insert at the appropriate place— “ The Staff Commission for Wales (Comisiwn Staff Cymru) ”.

Sch 14 para 12

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified for membership of the House of Commons) and in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified for membership of the Northern Ireland Assembly), insert at the appropriate place— “ The Staff Commission for Wales (Comisiwn Staff Cymru) ”.

Sch 14 para 13

Sch 14 para 13(1)

The Commission shall use its best endeavours to secure that its work is completed as soon as practicable and in any event by the end of the transitional period.

Sch 14 para 13(2)

In this paragraph “the transitional period” means the period of three years beginning with the commencement of section 40.

Sch 14 para 13(3)

Subject to sub-paragraph (4), the Commission shall be wound up at the end of the transitional period.

Sch 14 para 13(4)

The Secretary of State may by order provide for sub-paragraph (3) to have effect with the substitution for the transitional period of such longer period as may be specified in the order.

Sch 15

Minor and Consequential Amendments of the 1972 Act

Sch 15 para 1

The 1972 Act is amended as follows.

Sch 15 para 2

For section 22(4) (which makes provision with respect to the chairmen of principal councils), substitute—

Sch 15 para 3

After section 25, insert—

Sch 15 para 4

In section 30 (restriction on community applications during certain periods)—

Sch 15 para 4(a)

in subsection (1), omit paragraph (a) (including “or” at the end) and in paragraph (b), for “the county or district” substitute “ any area ”;

Sch 15 para 4(b)

omit subsection (2);

Sch 15 para 4(c)

in subsection (3), for “district” substitute “ principal ”;

Sch 15 para 4(d)

in subsection (4), for “subsections (1) and (2)” substitute “ subsection (1) ”, for “district” substitute “ area ”; and

Sch 15 para 4(e)

in subsection (5), for “or 29” substitute “ , 29 or 29A ”.

Sch 15 para 5

In section 31 (provisions supplementary to sections 27 to 29)—

Sch 15 para 5(a)

in subsection (1), for “27, 28 or 29” substitute “ 28, 29 or 29A ”; and

Sch 15 para 5(b)

for “district” substitute (in both places) “ principal ”.

Sch 15 para 6

For section 37 (establishment of new authorities in Wales), substitute—

Sch 15 para 7

Sch 15 para 7(1)

In section 54(1) (proposals for changes in local government areas in Wales), for “district” substitute “ principal ” and for paragraphs (b) and (c) substitute—.

Sch 15 para 7(2)

Before section 54(2) insert—

Sch 15 para 8

Sch 15 para 8(1)

In section 55(1) (review of local government areas in Wales), for “counties and districts” substitute “ principal areas ” and for “county or district” substitute “ principal area ”.

Sch 15 para 8(2)

In section 55(2)—

Sch 15 para 8(2)(a)

for the words from “Upon the completion” to “whole of their district” substitute “ It shall be the duty of each Welsh principal council to keep the whole of their area ”;

Sch 15 para 8(2)(b)

for “in their district” substitute “ in their area ”; and

Sch 15 para 8(2)(c)

for “the district council” substitute (in both places) “ the principal council ”.

Sch 15 para 8(3)

In section 55(3)—

Sch 15 para 8(3)(a)

for “any district” substitute “ any principal area ”;

Sch 15 para 8(3)(b)

for “that district or” substitute “ that principal area or ”;

Sch 15 para 8(3)(c)

for “the district council” substitute “ the principal council ”; and

Sch 15 para 8(3)(d)

for “that district for” substitute “ that principal area for ”.

Sch 15 para 8(4)

In section 55(4)—

Sch 15 para 8(4)(a)

for “one district” substitute “ one principal area ”; and

Sch 15 para 8(4)(b)

for “districts” substitute (in both places) “ principal areas ”.

Sch 15 para 8(5)

In section 55(5), for “district council” substitute “ principal council ”, in paragraph (a) omit “(other than a community which is co-extensive with a district)” and after paragraph (e) insert—.

Sch 15 para 9

Sch 15 para 9(1)

In section 56(2) (power of Secretary of State to direct holding of reviews)—

Sch 15 para 9(1)(a)

for “the council of a district” substitute “ a principal council ”; and

Sch 15 para 9(1)(b)

for “their district” substitute (in both places) “ their area ”.

Sch 15 para 9(2)

In section 56(3)—

Sch 15 para 9(2)(a)

for “any district” substitute “ any principal area ”;

Sch 15 para 9(2)(b)

for “that district” substitute (in both places) “ that principal area ”; and

Sch 15 para 9(2)(c)

for “the district council” substitute “ the principal council ”.

Sch 15 para 9(3)

In section 56(4), for “district” substitute (in both places) “ principal ”.

Sch 15 para 9(4)

In section 56(5)—

Sch 15 para 9(4)(a)

for “district” substitute “ principal ”; and

Sch 15 para 9(4)(b)

for “local government areas” substitute “ any areas ”.

Sch 15 para 10

Sch 15 para 10(1)

In section 57(2) (substantive changes in electoral arrangements)—

Sch 15 para 10(1)(a)

for “counties” substitute “ principal areas ”; and

Sch 15 para 10(1)(b)

for “Schedule 10 below” substitute “ section 64 of this Act (as substituted by the Local Government (Wales) Act 1994) ”.

Sch 15 para 10(2)

In section 57(4)—

Sch 15 para 10(2)(a)

for “the council of each district” substitute “ each principal council ”;

Sch 15 para 10(2)(b)

for “their district” substitute “ their area ”; and

Sch 15 para 10(2)(c)

for “district council” substitute (in both places) “ principal council ”.

Sch 15 para 10(3)

In section 57(5) to (7), for “district” substitute (in each place) “ principal ”.

Sch 15 para 11

Sch 15 para 11(1)

In section 58(1) (Commission’s reports and their implementation), for “district” substitute “ principal ”.

Sch 15 para 11(2)

In section 58, for subsection (4) substitute—

Sch 15 para 12

In section 59 (directions about reviews)—

Sch 15 para 12(a)

in subsection (1), for “the council of a district” substitute “ a principal council ”; and

Sch 15 para 12(b)

in subsection (2), omit “all or any class of”.

Sch 15 para 13

Sch 15 para 13(1)

Section 60 (procedure for reviews) is amended as follows.

Sch 15 para 13(2)

For “district” substitute (in each place) “ Welsh principal ”.

Sch 15 para 13(3)

In subsection (4)(b), for “any principal council” substitute “ the principal council and of any other principal council in Wales ”.

Sch 15 para 13(4)

In subsection (5) omit “or a district council”.

Sch 15 para 13(5)

After subsection (5) insert—

Sch 15 para 13(6)

In subsection (6), for “(5)” substitute “ (5A) ”.

Sch 15 para 14

In section 61 (local inquiries), for “district” substitute (in both places) “ Welsh principal ”.

Sch 15 para 15

In section 67 (consequential and transitional provisions relating to Part IV), omit subsection (5)(f).

Sch 15 para 16

In section 69 (variation and revocation of orders made under Part IV)—

Sch 15 para 16(a)

in subsections (2) and (3) for “district” substitute “ Welsh principal ”;

Sch 15 para 16(b)

in subsection (4), for first “district” substitute “ Welsh principal ” and omit second “district”; and

Sch 15 para 16(c)

in subsection (6), for “a county council” substitute “ any predecessor of a Welsh principal council ”, for “new district” substitute “ Welsh principal area ” and for “the district” substitute “ that area ”.

Sch 15 para 17

Sch 15 para 17(1)

In section 71(1) (modification of seaward boundaries), for “county” substitute (in each place) “ area ”.

Sch 15 para 17(2)

At the end of section 71 add—

Sch 15 para 18

In section 72(2) (accretions from the sea), omit “or community” (in both places) and after subsection (2) insert—

Sch 15 para 19

At the end of section 73 (alteration of local boundaries consequent on alteration of water-course) add—

Sch 15 para 20

Sch 15 para 20(1)

In section 74 (change of name of local authority area), in subsection (1), after “county” insert (in both places) “ , county borough ”.

Sch 15 para 20(2)

In section 74, after subsection (2) insert—

Sch 15 para 20(3)

In section 74(3) and (4), omit “or by virtue of a resolution under section 21(5) above”.

Sch 15 para 20(4)

In section 74(4), after “county” insert “ , county borough ”.

Sch 15 para 20(5)

At the end of section 74 add—

Sch 15 para 21

Sch 15 para 21(1)

In section 76 (change of name of community)—

Sch 15 para 21(1)(a)

in subsection (1), for “district” substitute “ principal area ”;

Sch 15 para 21(1)(b)

in subsections (2) and (3), omit “or by virtue of a resolution under section 33(2B) above”; and

Sch 15 para 21(1)(c)

in subsection (2), for “district” substitute (in both places) “ principal ”.

Sch 15 para 21(2)

At the end of section 76 add—

Sch 15 para 22

In section 78(2) (electoral arrangements), after “every” insert “ Welsh principal council and ”.

Sch 15 para 23

In section 83(1) (declaration of acceptance of offence) after “county” insert “ , county borough ”.

Sch 15 para 24

In section 91(1) (temporary appointment of members of community councils), after “district council” insert “ or Welsh principal council ”.

Sch 15 para 25

In section 97 (removal or exclusion of disability, etc.)—

Sch 15 para 25(a)

in subsection (1), for first “or” substitute “ council, the principal council, as respects a member of a ” and omit “district” in the second and third places; and

Sch 15 para 25(b)

in subsections (2) and (3), omit “district”.

Sch 15 para 26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 15 para 27

In section 103 (expenses of joint committees), in paragraph (a), for “or communities or groups of parishes or communities” substitute “ or groups of parishes ” and after “council” insert—.

Sch 15 para 28

In section 125 (compulsory acquisition of land on behalf of community council) at the end add—

Sch 15 para 29

In section 134(2) (use of schoolrooms etc. in community), in paragraph (c), for “county council or district council” substitute “ principal council ”.

Sch 15 para 30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 15 para 31

In section 140B (insurance of voluntary assistants of probation committees), at the end add—

Sch 15 para 32

In section 141 (research and collection of information), at the end add—

Sch 15 para 33

In section 146 (transfer of securities on alteration of area etc.), after subsection (1) insert—

Sch 15 para 34

In section 150(3) (expenses of community meetings where there is no community council), for “district” substitute “ principal area ”.

Sch 15 para 35

In section 180(1) (local authorities and sanitary authorities for certain enactments relating to public health), after paragraph (d) insert—.

Sch 15 para 36

In section 181 (water and sewerage)—

Sch 15 para 36(a)

in subsection (1), add at the end “ and for any principal area in Wales, be the principal council ”; and

Sch 15 para 36(b)

in subsection (2), at the end add “ except that for any area in Wales it shall be the principal council ”.

Sch 15 para 37

In section 187(3) (notices deterring public use of footpaths) after “district council” insert “ or, where they are not the highway authority, a Welsh principal council ”.

Sch 15 para 38

In section 189(3) (town and village greens etc.)—

Sch 15 para 38(a)

in paragraph (c), after “district” insert “ or Welsh principal area ”; and

Sch 15 para 38(b)

in the words following that paragraph, after “district” insert “ or (as the case may be) area ”.

Sch 15 para 39

In section 191 (ordnance survey)—

Sch 15 para 39(a)

in subsection (2), after “district council” insert “ (or, in Wales, a principal council) ”;

Sch 15 para 39(b)

in subsection (4)(a), after “require” insert “ (or, in Wales, the principal council) ”;

Sch 15 para 39(c)

in subsection (4)(b), after “require” insert “ (or, in Wales, the principal council) ”; and

Sch 15 para 39(d)

in subsection (5), after “any” insert “ preserved county or ”.

Sch 15 para 40

In section 195 (social services)—

Sch 15 para 40(a)

in subsection (2) after first “county” insert “ in England ”; and

Sch 15 para 40(b)

in subsection (3) omit “as amended by subsection (1) above”.

Sch 15 para 41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 15 para 42

Omit section 207 (public libraries and museums in Wales).

Sch 15 para 43

In section 213(1) (local licence duties), omit “and Wales” and at the end add “ and, in Wales, be vested in the principal councils ”.

Sch 15 para 44

In section 214(1) (cemeteries and crematoria) after “councils of” insert “ Welsh counties, county boroughs ”.

Sch 15 para 45

Sch 15 para 45(1)

Section 215 (maintenance of closed churchyard) is amended as follows.

Sch 15 para 45(2)

In subsection (2)(c) for “district” substitute “ county or county borough ”.

Sch 15 para 45(3)

In subsection (3)—

Sch 15 para 45(3)(a)

for first “district” substitute “ district, Welsh county or (as the case may be) county borough ”; and

Sch 15 para 45(3)(b)

for “council of the district” substitute “ local authority to whom the notice is given ”.

Sch 15 para 46

In section 225 (deposit of documents with proper officer of authority), in subsection (2) for “district council” substitute “ principal council ”.

Sch 15 para 47

Sch 15 para 47(1)

Section 226 (custody of community documents) is amended as follows.

Sch 15 para 47(2)

In subsections (1) and (3)(c), for “district council” substitute “ principal council ”.

Sch 15 para 47(3)

In subsection (4), after “if the area is in” insert “ Wales or in ”.

Sch 15 para 47(4)

In subsection (5), omit “or community council” (in both places).

Sch 15 para 47(5)

At the end add—

Sch 15 para 48

In section 227 (provision of depositories for community documents), in both subsections (1) and (2), omit third “or community” and after “is situated” insert “ or the council of the principal area in which the community is situated ”.

Sch 15 para 49

In section 235 (power of councils to make byelaws for good rule and government and suppression of nuisances), in subsection (1) after first “district” insert “ the council of a principal area in Wales ” and after second “district” insert “ principal area ”.

Sch 15 para 50

In section 236 (procedure etc. for byelaws), in subsection (9), after “district council” insert “ or in Wales of a principal council ” and after subsection (10) insert—

Sch 15 para 51

In section 245 (status of communities)—

Sch 15 para 51(a)

in subsections (6) to (9) omit “or community” (in each place);

Sch 15 para 51(b)

in subsection (6) omit “or a community meeting”; and

Sch 15 para 51(c)

in subsection (9) omit “or a community meeting in Wales”.

Sch 15 para 52

Sch 15 para 52(1)

Section 246 (powers, privileges and rights in relation to former cities and boroughs) is amended as follows.

Sch 15 para 52(2)

After subsection (2) insert—

Sch 15 para 52(3)

In subsection (6), after first “subject to” insert “ subsection (2A) above, ”.

Sch 15 para 53

In section 247 (transfer of armorial bearings from old to new authorities), at the end add—

Sch 15 para 54

In section 248 (freemen and inhabitants of pre-1974 boroughs), at the end add—

Sch 15 para 55

In section 249 (honorary aldermen and freemen), after subsection (6) insert—

Sch 15 para 56

In section 255(1) (transfer of officers), for “27, 28 or 29” substitute “ 28, 29 or 29A ”.

Sch 15 para 57

In section 270(1) (interpretation), in the definition of “new”, after “Act” add “ including one established by virtue of any provision of the Local Government (Wales) Act 1994 ”.

Sch 15 para 58

In Schedule 4 (local government areas in Wales), omit Part IV.

Sch 15 para 59

In Schedule 8 (constitution and proceedings of the Welsh Commission), in paragraph 8—

Sch 15 para 59(a)

at the end of paragraph (b) add “ , and ”; and

Sch 15 para 59(b)

omit paragraph (d) and the word “and” immediately before it.

Sch 15 para 60

Omit Schedule 10 (initial reviews in Wales).

Sch 15 para 61

In Schedule 11 (rules to be observed in considering electoral arrangements), in paragraph 3(2)(b) and (c), omit the words “or community” (in each place).

Sch 15 para 62

In paragraph 35 (1) of Schedule 12 (minutes of proceedings of community meeting), for “district” substitute “ principal area ”.

Sch 15 para 63

In paragraph 28 of Schedule 14 (consent of highway authority required in connection with functions relating to clocks, drinking fountains etc.) after “district council” insert “ or, where they are not the highway authority, the council of a Welsh principal area ”.

Sch 15 para 64

In paragraph 55 of Schedule 16 (applications for certificates of appropriate alternative development)—

Sch 15 para 64(a)

in sub-paragraph (1), for “Elsewhere” substitute “ In England, elsewhere ”; and

Sch 15 para 64(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 15 para 65

Sch 15 para 65(1)

Schedule 26 (cemeteries and crematoria) is amended as follows.

Sch 15 para 65(2)

In paragraph 4, in paragraph (a) omit “or communities” in both places, and after paragraph (a) insert—.

Sch 15 para 65(3)

In paragraph 7, after “district council” insert “ or Welsh principal council ” and after second “district” insert “ or Welsh principal area ”.

Sch 15 para 65(4)

In paragraph 8, after “district council” insert “ or Welsh principal council ” and after second “district” insert “ or (as the case may be) principal area ”.

Sch 15 para 65(5)

In paragraph 11, in sub-paragraph (1) omit “or community” and after that sub-paragraph insert—

Sch 15 para 66

In paragraph 20 of Schedule 29 (certificates under Schedule 3 to the Gas Act 1965), after sub-paragraph (2) insert—

Sch 16

Other Consequential Amendments

Sch 16 para 1

In section 1 of the Burial Act 1859 (failure to comply with Order in Council) after “City of London” insert “ or Welsh county council or county borough council ”.

Sch 16 para 2

In section 14 of the Game Licences Act 1860 (obligations of persons licensed to deal in game) the words “from the justices of the peace” shall cease to have effect.

Sch 16 para 3

In subsection (3) of section 67 of the Explosives Act 1875 (definition of local authority), after “a county” insert “ or county borough ”.

Sch 16 para 4

In section 6 of the Finance Act 1908 (collection by local authorities of duties on game licences)—

Sch 16 para 4(a)

in subsection (1), omit “and Wales” and at the end add “ and in Wales be vested in the councils of counties and county boroughs ”; and

Sch 16 para 4(b)

in subsection (2), omit “district” and after “1st April 1974” add “ or, in relation to Wales, to a council having power to levy those duties after 1st April 1996 ”.

Sch 16 para 5

In section 1 of the Commons Act 1908 (power of making regulations as to the turning out of entire animals on commons), in subsection (3), after “county” insert “ , county borough ”.

Sch 16 para 6

In section 19 of the Welsh Church Act 1914 (application of residue of property)—

Sch 16 para 6(a)

in subsection (1)(a), for the words from “The property” to “council either” substitute “ Property vested in a Welsh county council or county borough council by virtue of a designation made under section 50 of the Local Government (Wales) Act 1994 shall be applied, in accordance with one or more schemes made by a Welsh county council or county borough council either ”; and

Sch 16 para 6(b)

in subsection (1)(b), after “county” insert “ or county borough ”.

Sch 16 para 7

Sch 16 para 7(1)

In section 193 of the Law of Property Act 1925 (rights of the public over commons and waste lands), in subsection (1)(d)(ii), after “county” insert “ , county borough ”.

Sch 16 para 7(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 9

In section 59(1) of the Requisitioned Land and War Works Act 1945, in the definition of “local authority” at the end add “ but in relation to Wales means a county or county borough ”.

Sch 16 para 10

Sch 16 para 10(1)

In section 8 of the Fire Services Act 1947 (constitution and powers of iffre authorities constituted under combination schemes)—

Sch 16 para 10(1)(a)

in subsection (3), after “counties” insert “ or, in Wales, counties or county boroughs ”; and

Sch 16 para 10(1)(b)

in subsection (4), after “county” insert “ or, in Wales, of a county or county borough ”.

Sch 16 para 10(2)

In section 9 of that Act (amendment and revocation of combination schemes)—

Sch 16 para 10(2)(a)

in subsection (2)(a), after “counties” insert “ or, in Wales, counties or county boroughs ”; and

Sch 16 para 10(2)(b)

in subsection (4), after “county” insert “ or, in Wales, of any county or county borough ”.

Sch 16 para 10(3)

In section 11 of that Act (adaptation of local Acts relating to iffre services), in subsection (1), after “county” insert “ or, in Wales, the county or county borough ”.

Sch 16 para 11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 12

In section 21 of the Registration Service Act 1953 (interpretation), in subsection (2)(b), at the end add “ and any reference to a non-metropolitan county includes a reference to a county borough ”.

Sch 16 para 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 14

In section 15A of the Opencast Coal Act 1958 (suspension of public rights of way), in subsection (5)(a), in sub-paragraph (i) omit “and Wales” and “or community”, and after “meeting;” insert—.

Sch 16 para 15

In section 5 of the Weeds Act 1959 (exercise of powers by local authority), after “county” insert “ , county borough ” (in both places).

Sch 16 para 16

Sch 16 para 16(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 16(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 16(3)

In section 29(1) of that Act (interpretation of Part I), in the definition of “local authority”, at the end add “ but, in relation to Wales, means the council of a Welsh county or county borough ”.

Sch 16 para 17

In section 39(1) of the Land Compensation Act 1961 (interpretation), in the definition of “authority possessing compulsory purchase powers” for “or county council” substitute “ , county council or county borough council ”.

Sch 16 para 18

In section 176 of the Factories Act 1961 (general interpretation), after subsection (8) insert—

Sch 16 para 19

Sch 16 para 19(1)

In section 11 of the Trustee Investments Act 1961 (local authority investment schemes), in subsection (4)(a), after “county,” insert “ a county borough, ”.

Sch 16 para 19(2)

In Part IV of Schedule 1 to that Act (manner of investment), in paragraph 4, in paragraph (a) of the definition of “local authority”, after “county,” insert “ a county borough, ”.

Sch 16 para 20

Sch 16 para 20(1)

In section 2 of the Local Government (Records) Act 1962 (acquisition and deposit of records), in subsection (6) after “county,” insert “ county borough, ”.

Sch 16 para 20(2)

In section 8(1) of that Act (interpretation), in the definition of “local authority”, after “county,” insert “ county borough, ”.

Sch 16 para 21

In section 35 of the Pipe-lines Act 1962 (deposit of maps of pipe-lines with local authorities), in subsection (6), omit “and Wales” and after “City of London,” insert “ for the purpose of the application of this section to Wales, that expression means the council of a county or county borough, ”.

Sch 16 para 22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 23

In Schedule 3 to the Harbours Act 1964 (procedure for making harbour orders), in paragraph 3(ba)—

Sch 16 para 23(a)

omit “and Wales” and “ or community ”; and

Sch 16 para 23(b)

after “parish council” insert “ , in Wales, a county council, a county borough council and a community council ”.

Sch 16 para 24

Sch 16 para 24(1)

Omit the following provisions from the Public Libraries and Museums Act 1964—

Sch 16 para 24(1)(a)

in section 4 (library authorities and areas), from “— (a)” to “(b)”, in subsection (2);

Sch 16 para 24(1)(b)

in section 5 (joint boards), the proviso in subsection (3);

Sch 16 para 24(1)(c)

section 6 (special provisions as to Welsh districts);

Sch 16 para 24(1)(d)

in section 10 (default powers of Secretary of State), in subsection (2)—

Sch 16 para 24(1)(d)(i)

paragraph (a);

Sch 16 para 24(1)(d)(ii)

in paragraph (b), in sub-paragraph (i) the words “other than any council of a district in Wales” and sub-paragraph (ii);

Sch 16 para 24(1)(e)

in section 11 (supplemental provisions as to transfers of officers, assets and liabilities), in subsection (2) the words from “or (b)” to “library authority”;

Sch 16 para 24(1)(f)

section 21 (expenses of county councils in Wales).

Sch 16 para 24(2)

In section 4 of that Act, at the end add—

Sch 16 para 24(3)

In section 25 of that Act (interpretation), after the definition of “library officer” insert—.

Sch 16 para 24(4)

In Schedule 2 to that Act (management of funds for purchase of exhibits), in paragraphs 2 and 5 after “county fund” insert (in each place) “ council fund ”.

Sch 16 para 25

In section 28 of the Gas Act 1965 (interpretation of Part II), in the definition of “local authority” in subsection (1), omit “and Wales” and after “City of London,” insert “ in Wales, the council of a county or county borough, ”.

Sch 16 para 26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 27

In section 41(1) of the Local Government Act 1966 (interpretation), in the definition of “local authority”, after “London borough” insert “ or county borough ”.

Sch 16 para 28

In section 5 of the Plant Health Act 1967 (execution of Act by local authorities), in subsection (3), at the end add “ but, in relation to Wales, shall be the councils of counties and county boroughs ”.

Sch 16 para 29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 31

In section 8 of the Slaughter of Poultry Act 1967 (interpretation), in the definition of “local authority” in subsection (1), omit “and Wales” and, after “City of London” insert “ , as respects Wales, the council of a county or county borough ”.

Sch 16 para 32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 33

In section 108 of the Medicines Act 1968 (enforcement)—

Sch 16 para 33(a)

in subsection (8), after “county” insert “ or county borough ”; and

Sch 16 para 33(b)

in subsection (12)(a), after “district” insert “ , county borough ” (in both places).

Sch 16 para 34

In section 11(3) of the Mines and Quarries (Tips) Act 1969 (local authorities having functions under Part II of that Act), in paragraph (a), omit “and Wales” and after “Isles of Scilly” insert—.

Sch 16 para 35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 37

In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(b), for “or Wales” substitute “ the council of a county or county borough in Wales, ”.

Sch 16 para 38

Sch 16 para 38(1)

In section 38 of the Agriculture Act 1970 (smallholdings authorities), in paragraph (b) omit “and Wales” and after that paragraph insert—.

Sch 16 para 38(2)

In section 48 of that Act (acquisition of land for purpose of smallholdings), in subsection (1), after “county” insert “ or county borough ”.

Sch 16 para 38(3)

In section 60 of that Act (cottage holdings), in subsection (1), after “county council” insert “ , a county borough council ”.

Sch 16 para 38(4)

In section 62 of that Act (provisions as to Wales), in subsection (1)(a), after “county” insert “ or county borough ”.

Sch 16 para 38(5)

In section 67 of that Act (enforcement authorities), in subsection (1) omit “and Wales” and after that subsection insert—.

Sch 16 para 39

In section 11 of the Poisons Act 1972 (interpretation), in subsection (2) in paragraph (a) of the definition of “local authority” omit “and Wales” and after “City of London,” insert—.

Sch 16 para 40

Sch 16 para 40(1)

In section 8 of the Land Compensation Act 1973 (restrictions on compensation), in subsection (4), after “London borough” insert “ or Welsh county or county borough ”.

Sch 16 para 40(2)

In section 19 of that Act (interpretation of Part I), in the definition of “the appropriate highway authority” in subsection (1)—

Sch 16 para 40(2)(a)

in paragraph (a), after “1985” insert “ or the Local Government (Wales) Act 1994 ”; and

Sch 16 para 40(2)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 40(3)

In section 52 of that Act (right to advance payment of compensation), in subsection (8), after “London borough” insert “ or Welsh county or county borough ”.

Sch 16 para 41

In section 13 of the Employment Agencies Act 1973 (interpretation), in subsection (1), in the definition of “local authority”, omit “and Wales” and after “London borough council” insert “ and in relation to Wales, means a county council or a county borough council, ”.

Sch 16 para 42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 43

Sch 16 para 43(1)

In section 27 of the Slaughterhouses Act 1974 (local authorities for purposes of licensing slaughterhouses), omit “and” immediately before paragraph (c) and, in that paragraph, after first “district” insert “ in England ” and after second “district” add—

Sch 16 para 43(2)

In section 34 of that Act (interpretation of Part I), in the definition of “district”, at the end add—.

Sch 16 para 43(3)

In section 45 of that Act (interpretation of Part II)—

Sch 16 para 43(3)(a)

after the definition of “contravention” insert—; and

Sch 16 para 43(3)(b)

in the definition of “local authority”, after first “council” insert “ of a Welsh county or county borough or ”.

Sch 16 para 44

In section 34(1) of the Local Government Act 1974 (interpretation), in the definition of “local authority”, after “Broads Authority” insert “ a Welsh county council, a county borough council ”.

Sch 16 para 45

In section 189(1) of the Consumer Credit Act 1974 (interpretation), in the definition of “local authority” omit “and Wales” and after “Scilly,” insert “ in relation to Wales means a county council or a county borough council, ”.

Sch 16 para 46

In section 7 of the Guard Dogs Act 1975 (interpretation), in the definition of “local authority” omit “and Wales”, and after “City of London,” insert “ in relation to Wales, a county council or county borough council, ”.

Sch 16 para 47

Sch 16 para 47(1)

In the following provisions of the Safety of Sports Grounds Act 1975, after “where the local authority is in” insert (in each place) “ Wales, ”

Sch 16 para 47(1)(a)

section 3(3) (applications for certificates);

Sch 16 para 47(1)(b)

in section 4 (amendment etc of certificates), subsections (7) and (8);

Sch 16 para 47(1)(c)

section 5(5)(d) (interested parties for purposes of appeals);

Sch 16 para 47(1)(d)

section 10(8)(b) (copies of prohibition notices);

Sch 16 para 47(1)(e)

section 10A(7)(d) (appeals against orders relating to prohibition notices); and

Sch 16 para 47(1)(f)

section 11(c) (powers of entry and inspection).

Sch 16 para 47(2)

In section 17(1) of that Act (interpretation)—

Sch 16 para 47(2)(a)

in the definition of “building authority”, in paragraph (a) omit “or in Wales,”; and

Sch 16 para 47(2)(b)

in the definition of “local authority”, in paragraph (c) omit “or in Wales,” and, after that paragraph insert—.

Sch 16 para 48

In section 16 of the Welsh Development Agency Act 1975 (derelict land), in paragraph (a) of the definition of “local authority” in subsection (9), for “district” substitute “ county borough ”.

Sch 16 para 49

In section 3(1) of the Local Land Charges Act 1975 (registering authorities), after paragraph (a) insert—.

Sch 16 para 50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 51

In section 7 of the Dangerous Wild Animals Act 1976 (interpretation), in subsection (4), in the definition of “local authority”, omit “and Wales” and after “City of London,” insert “ in relation to Wales, a county council or county borough council, ”.

Sch 16 para 52

In section 19A of the Race Relations Act 1976 (discrimination by planning authorities), in subsection (2)(a), after “county,” insert “ county borough, ”.

Sch 16 para 53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 55

Sch 16 para 55(1)

In section 1 of the Inner Urban Areas Act 1978 (designation of districts by Secretary of State)—

Sch 16 para 55(1)(a)

in subsection (1), after “district” insert “ or Welsh county or county borough ”; and

Sch 16 para 55(1)(b)

in subsection (2), at the end add “ but, in relation to a designated district which is a Welsh county or county borough, means the council of that county or county borough ”.

Sch 16 para 55(2)

In section 2 of that Act (loans for acquisition of or works on land), in subsection (1)(a), after “within the designated district or” insert “ (except where the land is in Wales) ”.

Sch 16 para 55(3)

In section 7 of that Act (power to enter into arrangements), in subsection (1), after “district” in the first and last places where it occurs insert “ or Welsh county or county borough ” (in each place), and, in paragraph (a), at the beginning insert “ as respects any such district, ”, and after “both;” insert—.

Sch 16 para 55(4)

After subsection (2) of that section, insert—

Sch 16 para 55(5)

In section 17 of that Act (interpretation), in the definition of “designated district” in subsection (1), after “any district” insert “ or Welsh county or county borough ”.

Sch 16 para 55(6)

In the Schedule to that Act (improvement areas), after paragraph 1(1), insert—

Sch 16 para 56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 57

Sch 16 para 57(1)

In section 2 of the Local Government, Planning and Land Act 1980 (duty of authorities to publish information), in subsection (1) after paragraph (a) insert—.

Sch 16 para 57(2)

In section 4 of that Act (bodies which may be directed to publish information)—

Sch 16 para 57(2)(a)

in subsection (4)(g), after “councils” insert “ or Welsh county councils or county borough councils ”; and

Sch 16 para 57(2)(b)

in subsection (7), omit “district”.

Sch 16 para 57(3)

In section 20(1) of that Act (interpretation of Part III), in the definition of “local authority”, in paragraph (a) omit “and Wales” and after that paragraph insert—.

Sch 16 para 57(4)

In section 98 of that Act (disposal of land at direction of Secretary of State), in subsection (8A) after paragraph (a) insert—.

Sch 16 para 57(5)

In section 99 of that Act (provisions supplementing section 98), in subsection (4) after paragraph (a) insert—.

Sch 16 para 57(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 59

Sch 16 para 59(1)

In section 116 of that Act (assessment of development land), in subsection (4), in paragraph (a) omit “and Wales” and after that paragraph insert—.

Sch 16 para 59(2)

In section 162 of that Act (inner urban areas)—

Sch 16 para 59(2)(a)

in subsection (5)—

Sch 16 para 59(2)(a)(i)

in paragraph (a) after “district” insert “ or Welsh county or county borough ”; and

Sch 16 para 59(2)(a)(ii)

in paragraph (b) after “district” insert “ or (as the case may be) Welsh county or county borough ”; and

Sch 16 para 59(2)(b)

in subsection (6)(b), after “(a)” insert “ or (aa) ”.

Sch 16 para 59(3)

In section 165 of that Act (power to transfer undertaking), in subsection (9) in paragraph (a) omit “and Wales” and after that paragraph insert—.

Sch 16 para 59(4)

In section 185 of that Act (pleasure boat byelaws) in subsection (1) after “London” insert—.

Sch 16 para 59(5)

In Schedule 16 to that Act (bodies to whom Part X applies), after paragraph 1 insert—.

Sch 16 para 59(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 59(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 59(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 59(9)

In Schedule 32 to that Act (enterprise zones)—

Sch 16 para 59(9)(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 59(9)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 59(9)(c)

in paragraph 2(2)(a)(ii) omit “or Wales” ....

Sch 16 para 60

In the Schedule to the Disused Burial Grounds (Amendment) Act 1981 (disposal of human remains and tombstones, monuments or other memorials), in paragraph 10(1)(a), after “district,” insert “ or Welsh county or county borough, ”.

Sch 16 para 61

In section 50 of the Animal Health Act 1981 (local authorities), in subsection (2), after paragraph (b) insert—.

Sch 16 para 62

Sch 16 para 62(1)

In section 1 of the Zoo Licensing Act 1981 (licensing of zoos by local authorities), in subsection (3), in paragraph (a) omit “and Wales” and after that paragraph insert—.

Sch 16 para 62(2)

In section 3(2) of that Act (persons whose representations are to be taken into account in consideration of applications for licences), in paragraph (e), after “the licence” insert “ — (i) ” and at the end of that paragraph insert—.

Sch 16 para 63

Sch 16 para 63(1)

In section 2 of the New Towns Act 1981 (reduction of designated areas), in subsection (1)(b), after “district council” insert “ or, in the case of land in Wales, any county council or county borough council ”.

Sch 16 para 63(2)

In section 7 of that Act (planning control), in subsection (3), immediately before “in a metropolitan county” insert “ in Wales or ”.

Sch 16 para 63(3)

In section 23 of that Act (extinguishment of public rights of way), in subsection (2)—

Sch 16 para 63(3)(a)

in paragraph (i), after “authority” insert “ or, in the case of land in Wales, the local planning authority ”; and

Sch 16 para 63(3)(b)

in paragraph (ii), at the beginning insert “ if different ”.

Sch 16 para 63(4)

In section 33 of that Act (new town may be united district for Public Health Acts), for “districts” substitute “ areas ”.

Sch 16 para 63(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 63(6)

In section 39 of that Act (power of development corporation to transfer undertakings), after subsection (2) insert—

Sch 16 para 63(7)

In section 41 of that Act (transfer of property to Commission and dissolution of corporation), after subsection (1) insert—

Sch 16 para 63(8)

In section 77 of that Act (regulations and orders), in subsection (4)(a)(ii), after “county planning authority” insert “ or, where the order is one designating an area in Wales, by the local planning authority ”.

Sch 16 para 63(9)

In Schedule 1 to that Act (procedure for designating area of new town), in paragraph 2(3), after “district” insert “ or, in the case of land in Wales, every county or county borough ”.

Sch 16 para 64

Sch 16 para 64(1)

In section 17 of the Acquisition of Land Act 1981 (local authorities for purposes of orders subject to special parliamentary procedure), in subsection (4), in paragraph (b) of the definition of “local authority”, for “district” substitute “ county borough ”.

Sch 16 para 64(2)

In paragraph 4 of Schedule 3 to that Act (acquisition of new rights over special kinds of land), in sub-paragraph (4), in paragraph (b) of the definition of “local authority”, for “district” substitute “ county borough ”.

Sch 16 para 65

Sch 16 para 65(1)

In section 3 of the Wildlife and Countryside Act 1981 (areas of special protection), in subsection (4), for “district” substitute “locality”.

Sch 16 para 65(2)

In section 27(1) of that Act (interpretation of Part I), in paragraph (a) of the definition of “local authority”, omit “and Wales” and after that paragraph insert—.

Sch 16 para 65(3)

In section 34 of that Act (limestone pavement orders), in paragraph (a) of the definition of “the relevant authority” in subsection (6), after “non-metropolitan county” insert “in England”, and after that paragraph insert—.

Sch 16 para 65(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 65(5)

In section 39(5) of that Act (relevant authorities for purposes of management agreements with owners and occupiers of land), after “land” in paragraph (a), insert “in England”.

Sch 16 para 65(6)

In section 52 of that Act (interpretation of Part II), in subsection (2) omit “and to Wales”.

Sch 16 para 65(7)

In section 57 of that Act (supplementary provisions as to definitive maps and statements), after subsection (5) insert—

Sch 16 para 65(8)

In section 66(1) of that Act (interpretation of Part III), in the definition of “surveying authority”, after “county council,” insert “ county borough council, ”.

Sch 16 para 65(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 65(10)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 65(11)

In Schedule 14 to that Act (applications for certain orders under Part III), in paragraph 5(1), in the definition of “local authority”, omit “or community” and at the end of that definition add “ but, in relation to Wales, means a community council ”.

Sch 16 para 65(12)

In Schedule 15 to that Act (procedure in connection with certain orders under Part III), in paragraph 13(2), in the definition of “local authority” omit “or community” and at the end of that definition add “ but, in relation to Wales, means a community council ”.

Sch 16 para 66

Sch 16 para 66(1)

In section 79 of the Civil Aviation Act 1982 (grants towards cost of sound-proofing buildings), in subsection (7), omit “and Wales”.

Sch 16 para 66(2)

In section 105(1) of that Act (interpretation), in paragraph (a) of the definition of “local authority” omit “and Wales” and, after that paragraph, insert—.

Sch 16 para 67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 68

Sch 16 para 68(1)

In section 8 of the Representation of the People Act 1983 (registration officers), in subsection (2) omit “and Wales” and after subsection (2) insert—

Sch 16 para 68(2)

In section 18(2) of that Act (polling districts), omit “and Wales” and after “borough” insert “ , and in Wales it is the duty of the council of each county or county borough, ”.

Sch 16 para 68(3)

In section 24(1) of that Act (returning officers), in paragraphs (a), (b) and (c) after “constituency” insert, in each case, “ in England ” and insert the following paragraphs in the appropriate places—;;.

Sch 16 para 68(4)

In section 28(1) of that Act (discharge of returning officer’s functions), in paragraph (a) after “constituency” insert “ in England ” and after that paragraph insert—.

Sch 16 para 68(5)

In section 28(5) of that Act (power of acting returning officer to appoint deputies), after “and a” insert “ Welsh county council or county borough council or a ”.

Sch 16 para 68(6)

In section 31 of that Act (polling districts and stations at local government elections), in subsection (1) after “county councillors” insert “in England” and after that subsection insert—

Sch 16 para 68(7)

In section 35 of that Act (returning officers for local elections), in subsection (1) omit “and Wales” and “or communities” and after that subsection insert—

Sch 16 para 68(8)

In section 36 of that Act (local elections), in subsection (3) omit “or community” in both places in paragraph (b) ...

Sch 16 para 68(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 68(10)

In section 36 of that Act, in subsection (5) omit “or community”, in both places, and “or the community” ...

Sch 16 para 68(11)

In section 39 of that Act (void local elections)—

Sch 16 para 68(11)(a)

in subsections (4) and (6)(a), after “district council” insert, in each case, “ or Welsh county or county borough council ”; and

Sch 16 para 68(11)(b)

in subsection (6)(b), omit “district”.

Sch 16 para 68(12)

In section 52(4) of that Act (discharge of registration duties), in paragraph (a) omit “and Wales” and for second “and” substitute—.

Sch 16 para 68(13)

In section 69(2) of that Act (location of offices of election agents and sub-agents), in paragraphs (a) and (b), in each case for “or in a London borough or district” substitute “ or in a Welsh county or county borough, or London borough or district, ”.

Sch 16 para 68(14)

In section 82(4) of that Act (persons before whom declaration as to expenses may be made), in paragraph (a), after “county council” insert “ , a county borough council ”.

Sch 16 para 68(15)

In section 159 of that Act (candidate reported guilty of corrupt or illegal practice), in the definition of “corporate office” in subsection (3) after “county” insert “ , county borough ”.

Sch 16 para 68(16)

In section 203(1) of that Act (interpretation)—

Sch 16 para 68(16)(a)

in the definition of “local authority”, after “county council,” insert “ a county borough council, ”; and

Sch 16 para 68(16)(b)

in the definition of “local government area”, after “county,” insert “ county borough, ”.

Sch 16 para 68(17)

In Schedule 1 to that Act (parliamentary election rules), in paragraph 10(2)(c) after “district” insert “ or Welsh county or county borough ”.

Sch 16 para 68(18)

In Schedule 2 to that Act (provisions which may be contained in regulations as to registration etc.), in paragraph 1(1) after “district” insert “ , Welsh county or county borough ”.

Sch 16 para 68(19)

In Schedule 3 to that Act (form of return and declaration), in the first passage in brackets in each form (which provides for an alternative in relation to a local government election), after “county of” insert “ county borough of ”.

Sch 16 para 68(20)

In Schedule 5 to that Act (use of certain rooms for parliamentary election meetings), in paragraph 3(1) after “council” insert “ and every Welsh county and county borough council ”.

Sch 16 para 69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 70

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 71

In section 87 of the Pastoral Measure 1983 (general interpretation), in the definition of “local planning authority” in subsection (1), after “(a)” insert “ in England ”.

Sch 16 para 72

In section 97 of the Telecommunications Act 1984 (contributions by local authorities towards provision of facilities), in subsection (3)—

Sch 16 para 72(a)

in paragraph (a) omit “and Wales”, after “City of London” insert “or” and omit “or a community council”; and

Sch 16 para 72(b)

after that paragraph insert—.

Sch 16 para 73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 74

Sch 16 para 74(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 74(2)

In section 21 of that Act (insufficient nominations at ordinary elections of community councils), in subsection (2)(b)—

Sch 16 para 74(2)(a)

after “district council” insert “ or, in the case of a community council, the county council or county borough council ”; and

Sch 16 para 74(2)(b)

omit “of district council”.

Sch 16 para 75

In section 69 of the Weights and Measures Act 1985 (local weights and measures authorities), in subsection (2), at the end add “ and for each county borough shall be the county borough council ”.

Sch 16 para 76

In section 1 of the Health Service Joint Consultative Committees (Access to Information) Act 1986 (interpretation), in subsection (1), in the definition of “local authority”, after “county council,” insert “ a county borough council, ”.

Sch 16 para 77

In section 12 of the Airports Act 1986 (interpretation of Part II), in the definition of “principal council” in subsection (1), in paragraph (a) omit “and Wales”, and after that paragraph insert—.

Sch 16 para 78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 79

In Schedule 8 to the Building Societies Act 1986 (powers to provide services) in paragraph 8 of Part IV, in the definition of “local authority in Great Britain”, in paragraph (a) omit “and Wales” and “or community” and after that paragraph insert—.

Sch 16 para 80

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 81

Sch 16 para 81(1)

In the following provisions of the Fire Safety and Safety of Places of Sport Act 1987, after “where the local authority is in” insert (in each place) “ Wales, ”

Sch 16 para 81(1)(a)

section 28(10) (copies of applications for safety certifcates);

Sch 16 para 81(1)(b)

in section 29 (amendment, cancellation etc of certifcates), subsections (7) and (8);

Sch 16 para 81(1)(c)

section 30(8)(d) (interested parties for purposes of appeals); and

Sch 16 para 81(1)(d)

section 35(c) (powers of entry and inspection).

Sch 16 para 81(2)

In section 41 of that Act (interpretation), in paragraph (a) of the definition of “building authority” and paragraph (c) of the definition of “local authority” omit “or in Wales,” and after paragraph (c) of the definition of “local authority” insert—.

Sch 16 para 82

Sch 16 para 82(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 82(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 82(3)

In section 2 of that Act (qualifcations for appointment as coroner), in subsection (3), after first “county” insert “ in England ”, and after subsection (2) insert—

Sch 16 para 82(4)

In section 4 of that Act (coroners’ districts), in subsections (2) and (4), after first “county” in each case insert “ in England ”, and in subsection (5)(a), after “administrative area” insert “ in England ”.

Sch 16 para 82(5)

After section 4 of that Act insert—

Sch 16 para 82(6)

In section 22 of that Act (removal of body for post mortem examination), in the definition of “local authority” in subsection (6), for “district or London borough” substitute “ district, London borough or Welsh principal area ”.

Sch 16 para 82(7)

In section 27 of that Act (coroner’s accounts), in subsection (3)(b), after “county council” insert “ in England ” and after “fund;” insert—.

Sch 16 para 82(8)

In section 27(4) of that Act, for the words from “district consisting of” to “districts or boroughs” substitute—.

Sch 16 para 82(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 82(10)

In section 35(1) of that Act (interpretation), in the definition of “administrative area”, after “means” insert “ Wales, ” and after “county” insert “ in England ”, and after the definition of “relevant council” insert—.

Sch 16 para 83

In section 235 of the Education Reform Act 1988 (interpretation), in subsection (1), in the definition of “local authority”, after “county council,” insert “ a county borough council, ”.

Sch 16 para 84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 85

In section 88(2) of the Local Government Finance Act 1988 (councils to whom transport grants may be paid), after paragraph (a) insert—.

Sch 16 para 86

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 87

In section 13 of the Football Spectators Act 1989 (licensing authority’s powers in relation to safety at football grounds), in subsection (3) after “is in” insert “ Wales, ”.

Sch 16 para 88

In section 39 of the Local Government and Housing Act 1989 (revenue accounts and capital finance of local authorities), in subsection (1), after paragraph (a) insert—.

Sch 16 para 89

In Part I of Schedule 2 to the Broadcasting Act 1990 (restrictions on the holding of licences), in paragraph 1(1), in the definition of “local authority”, in paragraph (a) omit “and Wales” and after “Scilly;” insert—.

Sch 16 para 90

Sch 16 para 90(1)

In section 1(1) of the Caldey Island Act 1990—

Sch 16 para 90(1)(a)

for “(in” substitute “ are in ”; and

Sch 16 para 90(1)(b)

omit the closing bracket after “ “Caldey”” and the rest of the subsection.

Sch 16 para 90(2)

The following provisions shall be omitted from that Act—

Sch 16 para 90(2)(a)

section 1(2)(a);

Sch 16 para 90(2)(b)

in section 1(3), the words “and district”;

Sch 16 para 90(2)(c)

section 1(4);

Sch 16 para 90(2)(d)

section 2;

Sch 16 para 90(2)(e)

section 4(1)(a); and

Sch 16 para 90(2)(f)

section 4(2).

Sch 16 para 91

In section 47 of the Coal Mining Subsidence Act 1991 (notices to local authorities), in subsection (6), in paragraph (a) omit “and Wales” and after “county;” insert—.

Sch 16 para 92

In section 11 of the Deer Act 1991 (licensed game dealers to keep records), in the definition of “authorised officer” in subsection (9), after “council of a” insert “ Welsh county or county borough, ”.

Sch 16 para 93

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 94

In section 191 of the Social Security Administration Act 1992 (interpretation), in the definition of “local authority”, in paragraph (a), omit “and Wales” and after “Scilly;” insert—.

Sch 16 para 95

In section 90 of the Further and Higher Education Act 1992 (interpretation), in subsection (1), in the definition of “local authority”, after “county council,” insert “ a county borough council, ”.

Sch 16 para 96

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 97

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Sch 16 para 98

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 99

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 100

In section 21 of the Judicial Pensions and Retirement Act 1993 (pensions payable to judicial officers etc. by local authorities), in subsection (4), in the definition of “local authority”, after “county council,” insert “ county borough council, ”.

Sch 16 para 101

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 102

In section 47(1) of the Radioactive Substances Act 1993 (general interpretation provisions), in the definition of “local authority”—

Sch 16 para 102(a)

in paragraph (a) omit “and Wales”; and

Sch 16 para 102(b)

after paragraph (a) insert—.

Sch 16 para 103

In section 1(9) of the Local Government (Overseas Assistance) Act 1993 (definition of “local authority”), in paragraph (a), for “and” substitute “ , the council of a county or county borough in ”.

Sch 16 para 104

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 105

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 106

Sch 16 para 106(1)

In section 6 of the Welsh Language Act 1993 (meaning of “public body”), in subsection (1)(a), after first “council” insert “ county borough council, ”.

Sch 16 para 106(2)

In section 25 of that Act (powers to give Welsh names to statutory bodies), for subsection (3) substitute—

Sch 16 para 107

In section 151 of the Railways Act 1993 (general interpretation), in subsection (1), in the definition of “local authority”, after “county council,” insert “ county borough council, ”.

Sch 16 para 108

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 109

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Sch 17

Savings and Transitional Provisions

Sch 17

Savings

Sch 17 para 1

The provisions of section 20 of the 1972 Act in force immediately before the passing of this Act shall continue to have effect in relation to the administration of local government in Wales before 1st April 1996.

Sch 17 para 2

Any privileges or rights belonging immediately before 1st April 1996 to the inhabitants of any area in Wales by virtue of—shall belong on and after that date to the inhabitants of that area.

Sch 17 para 2(a)

section 246(1) of the 1972 Act (saving for privileges and rights of citizens and burgesses); or

Sch 17 para 2(b)

any provision made under subsection (2)(b) of that section by a charter granted under section 245 of the 1972 Act (grant of borough status);

Sch 17 para 3

Any person who, immediately before 1st April 1996, is an honorary alderman by reference to his past membership of an old authority—

Sch 17 para 3(a)

shall continue to have that status even though the old authority has ceased to exist as a result of this Act; but

Sch 17 para 3(b)

shall not, while serving as a councillor of any new principal council in Wales, be entitled to be addressed as alderman or to attend or take part in any civic ceremonies of that council as an alderman.

Sch 17 para 4

Subject to any provision made under section 54 which amends or modifies the Agricultural Wages Act 1948, “county” shall, in relation to Wales, have the same meaning for the purposes of that Act as it had for those purposes immediately before the passing of this Act.

Sch 17 para 5

Sch 17 para 5(1)

The area of any district in Wales which, immediately before 1st April 1996, was a designated district for the purposes of the Inner Urban Areas Act 1978 by virtue of an order under section 1(1) of that Act shall, subject to any further provision made by or under that Act, continue to be a designated district for those purposes.

Sch 17 para 5(2)

The designated district authority in relation to any such designated district which comprises or falls wholly within a new principal area shall be the council of that area.

Sch 17 para 5(3)

Where any such designated district falls partly within the areas of two or more new principal councils, each of those councils shall be the designated district authority in relation to the part of the designated district that falls within their area.

Sch 17 para 6

Where this Act, or any provision made under this Act, amends (whether by substituting a new definition for an existing definition or otherwise) any reference to any kind of local government area or any kind of local authority (in an enactment which has effect in England), the amendment shall not be taken to affect the operation of any provision of, or made under, the Local Government Act 1992 in relation to the enactment so amended.

Sch 17

Transitional Provisions

Sch 17 para 7

Sch 17 para 7(1)

Section 26(3) of the 1972 Act (as substituted by section 4 of this Act) shall not apply in relation to the ordinary election of councillors of the new principal councils which takes place in 1995.

Sch 17 para 7(2)

The councillors elected at that election shall assume office immediately.

Sch 17 para 7(3)

The term of office of every such councillor shall extend until he retires in accordance with section 26(3)(a) of the 1972 Act.

Sch 17 para 8

Sch 17 para 8(1)

Any ordinary election of community councillors otherwise due to take place in May 1995 shall take place on the same day as the ordinary election in that year of councillors for the new principal area in which the community is situated.

Sch 17 para 8(2)

Any such councillor who otherwise would ordinarily have retired on 8th May 1995 shall (unless he resigns his office or it otherwise becomes vacant) hold office until the fourth day after the day on which the election of community councillors in 1995 takes place.

Sch 17 para 8(3)

The term of office of every councillor elected at that election shall extend until he retires in accordance with section 35(2B)(a) of the 1972 Act.

Sch 17 para 9

During the period beginning with the passing of this Act and ending with 1st April 1996, an order under section 29(1) of the 1972 Act (before the commencement of section 10) may be made only if all the communities concerned—

Sch 17 para 9(a)

were, immediately before the passing of this Act, situated within the same district; and

Sch 17 para 9(b)

will, after that date, be situated within the area of a single principal council.

Sch 17 para 10

For the purposes of section 117 of the 1972 Act (disclosure by officers of interests in contracts), any contract which—shall be treated as a contract entered into by the new principal council.

Sch 17 para 10(a)

was entered into by an old authority, and

Sch 17 para 10(b)

to which any of the new principal councils becomes a party by virtue of this Act,

Sch 17 para 11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 17 para 12

Sch 17 para 12(1)

For the purposes of this paragraph, the Secretary of State shall by order designate such of the new principal councils as he considers appropriate.

Sch 17 para 12(2)

Each designated council shall be designated with respect to one or more old authorities.

Sch 17 para 12(3)

Each designated council shall, in relation to the accounts for any period ending before 1st April 1996 of each old authority with respect to which they are designated, discharge—

Sch 17 para 12(3)(a)

any functions under regulations in force under the Audit Commission Act 1998 which would have fallen to be discharged on or after that date by that old authority or any of its officers; and

Sch 17 para 12(3)(b)

any functions under those regulations which fell to be so discharged before that date but which have not been discharged.

Sch 17 para 12(4)

As respects anything falling to be done on or after 1st April 1996 in relation to those accounts, the provisions of the Act of 1998 shall have effect as if they were accounts of the designated council but—

Sch 17 para 12(4)(a)

the documents to which an auditor has the right of access under section 6(1) of that Act shall include any documents relating to the old authority concerned which are in the possession of any of the new principal councils ...; and

Sch 17 para 12(4)(b)

the persons who may be required to give information or an explanation under section 6(4) or 48(1) of that Act shall include any person who was an officer or member of the authority concerned at any time during the period to which the accounts relate.

Sch 17 para 12(5)

Any requirement under section 28 of the Act of 1998 in respect of a claim, return or account of an old authority, and any consent under section 49(1)(a) of that Act in respect of information relating to such an authority, may, on or after 1st April 1996, be made or given by the appropriate designated council.

Sch 17 para 12(6)

Any designated council—

Sch 17 para 12(6)(a)

shall have a right of access at all reasonable times to all such documents—which appear to the council to be needed for the purpose of discharging functions under this paragraph; and

Sch 17 para 12(6)(a)(i)

as are in the possession, or under the control, of an old authority, or

Sch 17 para 12(6)(a)(ii)

as are mentioned in sub-paragraph (4)(a),

Sch 17 para 12(6)(b)

may require—to give to the council any such information or explanation as they think necessary for that purpose.

Sch 17 para 12(6)(b)(i)

any such person as is mentioned in sub-paragraph (4)(b), or

Sch 17 para 12(6)(b)(ii)

any person who is or has been an officer or member of that or any other new principal council,

Sch 17 para 12(7)

It shall be the duty of every new principal council to take such steps, after 1st April 1996, as may reasonably be required of them by a designated council to enable the accounts of an old authority to be closed.

Sch 17 para 12(8)

Any person who without reasonable excuse fails to comply with any requirement under sub-paragraph (6) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Sch 17 para 12(9)

In sub-paragraph (4) “document” includes any record of information and, where the record is not in legible form, the rights conferred by that sub-paragraph and sub-paragraph (6) include the right to require the information to be made available in legible form for inspection or copying and to require copies of it in that form to be delivered.

Sch 17 para 12(10)

In this paragraph “designated council” means a council designated under sub-paragraph (1).

Sch 17 para 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 17 para 14

Sch 17 para 14(1)

This paragraph applies where an old authority have, by virtue of paragraph 5 of Schedule 17 to the 1972 Act, made arrangements which, immediately before 1st April 1996, are in force for the discharge of any of their functions through a National Park Committee.

Sch 17 para 14(2)

The abolition of the old authority shall not affect the validity of anything done by the National Park Committee before the abolition of the authority.

Sch 17 para 14(3)

Anything which, on 1st April 1996, is in the process of being done by or in relation to an old authority in the exercise of, or in connection with, any functions discharged through a National Park Committee may be continued by or in relation to the successor authority.

Sch 17 para 14(4)

For the purposes of this paragraph “successor authority” means—

Sch 17 para 14(4)(a)

where a joint or special planning board is established for the area of the National Park in question, that board; and

Sch 17 para 14(4)(b)

in any other case, the local planning authority by whom the functions become exercisable (acting through a National Park Committee).

Sch 17 para 15

Sch 17 para 15(1)

This paragraph applies where, immediately before 1st April 1996—

Sch 17 para 15(1)(a)

a planning obligation is in force, in relation to any land in Wales, under section 106 of the planning Act (planning obligations: general) or any provision in any earlier enactment from which that provision was derived; and

Sch 17 para 15(1)(b)

the enforcing authority are the county planning authority or the district planning authority for the area in which the land is situated.

Sch 17 para 15(2)

On and after 1st April 1996 the enforcing authority shall be the new planning authority and—

Sch 17 para 15(2)(a)

the provision in the instrument by which the planning obligation was entered into identifying the enforcing authority in accordance with section 106(9)(d) shall be read as if it instead so identified the new planning authority, and

Sch 17 para 15(2)(b)

section 106 shall have effect accordingly.

Sch 17 para 15(3)

In this paragraph—“enforcing authority” means the authority by whom the obligation is enforceable;“new planning authority” means—the local planning authority who are a county council, county borough council, joint planning board or special planning board in whose area that land becomes situated on 1st April 1996; but where a part of the land becomes situated in the area of each of two or more such authorities, such of those authorities as they may agree between them, or, in default of agreement, as may be determined by the Secretary of State.

Sch 17 para 15(4)

This paragraph has effect in relation to planning obligations entered into under section 299A of the planning Act (Crown planning obligations) as it has effect in relation to planning obligations entered into under section 106 of that Act, but as if for references to section 106, and to subsection (9)(d) of that section, there were substituted references to section 299A of that Act, and to subsection (2)(d) of section 299A, respectively.

Sch 17 para 16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 17 para 17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 17 para 18

Sch 17 para 18(1)

This paragraph applies where a bridge in Wales carries a highway for which the Secretary of State is not the highway authority.

Sch 17 para 18(2)

If—the highway authority for the highway carried by the bridge and the approaches to it is such one of the councils of those new principal areas as may be agreed between them before such a day as the Secretary of State may by order appoint or, in default of such agreement, as may be determined by him.

Sch 17 para 18(2)(a)

part of the bridge is situated in one new principal area and part in another; and

Sch 17 para 18(2)(b)

the highway authority for the bridge is not otherwise determined under or by virtue of any provision of this Act,

Sch 17 para 18(3)

Where the Secretary of State has made a determination under sub-paragraph (2) the determination—

Sch 17 para 18(3)(a)

may be varied at the request of the council of either of the new principal areas concerned; and

Sch 17 para 18(3)(b)

shall be varied to give effect to any request made jointly to the Secretary of State by those councils.

Sch 17 para 18(4)

Any such variation shall take effect on the 1st April falling not less than 3 months, and not more than 15 months, after the date on which the determination is varied.

Sch 17 para 18(5)

For the purposes of sub-paragraph (2), the approaches to a bridge consist of so much of the highway or highways on either side of the bridge as is situated within 100 yards of either end of the bridge.

Sch 17 para 19

Sch 17 para 19(1)

An order under section 188 of the Highways Act 1980 (new street orders) or under any enactment from which that section was derived made in relation to a highway in Wales before the date on which section 81 of the Planning and Compensation Act 1991 came into force shall have effect from 1st April 1996 as if made by the new principal council in whose area, on that date, the highway becomes situated.

Sch 17 para 19(2)

The new principal council shall have all the powers of a local authority exercisable under Part X of the Act of 1980 in respect of such an order.

Sch 17 para 20

Sch 17 para 20(1)

This paragraph applies where, immediately before 1st April 1996, the authority or one of the authorities concerned in establishing a scheme under section 93 of the Transport Act 1985 (travel concession schemes) were a district or county council in Wales.

Sch 17 para 20(2)

Section 93 of that Act shall have effect on and after 1st April 1996 as if any new principal council who are a relevant council had been concerned in establishing the scheme.

Sch 17 para 20(3)

For the purposes of sub-paragraph (2), a council are a relevant council in relation to a scheme if the area which is the principal area (for the purposes of section 93 of that Act) or any part of that area is situated in the area of that council.

Sch 17 para 20(4)

This paragraph is subject to the power of the Secretary of State under section 54 to make such alternative or supplementary provision as he thinks necessary in relation to a scheme under section 93 of the Act of 1985.

Sch 17 para 20(5)

For the purposes of sections 93 to 102 of the Act of 1985—shall not be treated as a variation of the scheme.

Sch 17 para 20(5)(a)

the substitution of a new principal council as the authority or one of the authorities responsible for administering a scheme; and

Sch 17 para 20(5)(b)

any alteration to the scheme made by the Secretary of State in exercise of his power under section 54,

Sch 17 para 21

Sch 17 para 21(1)

The Secretary of State may, in a report made by him in relation to the financial year beginning in 1996 and any Welsh county council or county borough council, specify a notional amount for the purposes of this paragraph.

Sch 17 para 21(2)

Any such report—

Sch 17 para 21(2)(a)

shall contain such explanation as the Secretary of State considers desirable of the calculation by him of the notional amount;

Sch 17 para 21(2)(b)

shall be laid before the House of Commons;

Sch 17 para 21(2)(c)

may relate to two or more authorities; and

Sch 17 para 21(2)(d)

may be amended by a subsequent report under this paragraph.

Sch 17 para 21(3)

If any such report is approved by resolution of the House of Commons, the Secretary of State may designate any authority to whom the report relates if in his opinion, taking any excess in the amount calculated by the authority as their budget requirement for the financial year beginning in 1996 over the notional amount as representing an increase, that increase is excessive.

Sch 17 para 21(4)

The Secretary of State may by order make such provision as he considers appropriate for the purpose of supplementing this paragraph.

Sch 17 para 21(5)

Subject to any such order, the provisions of Chapter V of Part I of the Local Government Finance Act 1992 (limitation of council tax and precepts) shall have effect in relation to a designation under this paragraph as they have effect in relation to a designation under section 54(1)(b) of that Act.

Sch 17 para 22

Sch 17 para 22(1)

Nothing in this Act shall be taken to affect any person’s status as a freeman or honorary freeman, or the right of any person to be admitted as a freeman of any place.

Sch 17 para 22(2)

Services rendered to an old authority, the area of which becomes wholly or partly included in a new principal area, shall be treated for the purposes of section 249 of the 1972 Act (honorary aldermen and freemen) as services rendered to the council of the new principal area.

Sch 17 para 23

Sch 17 para 23(1)

Any person who, immediately before 1st April 1996, is a coroner assigned to a particular coroner’s district in Wales (“an existing coroner”) shall, on and after that date, be deemed to have been duly appointed for that district.

Sch 17 para 23(2)

Nothing in this Act affects the validity of anything done before 1st April 1996 by an existing coroner.

Sch 17 para 23(3)

Anything done before 1st April 1996 by or in relation to an existing coroner shall, on and after that date, be deemed to have been done by or in relation to the coroner appointed for the coroner’s district in question.

Sch 17 para 23(4)

Any person who, immediately before 1st April 1996 is a deputy coroner or assistant deputy coroner in relation to a particular coroner’s district shall, on that date, be deemed to have been duly appointed as the deputy or assistant deputy of the coroner for that district.

Sch 17 para 23(5)

No order may be made under section 4A of the Coroners Act 1988 so as to have effect before 1st April 1996.

Sch 17 para 23(6)

Any person who, on or after 1st October 1995, ceases to be a councillor for a county in Wales which ceases to exist on 1st April 1996 (“the old county”) shall, for six months after he ceases to be such a councillor, be disqualified for being a coroner for any district which, or any part of which, falls within the area of the old county.

Sch 18

Repeals

The new areas and their councils

Electoral arrangements

Communities and their councils

General

Planning

Education

Transfer of other specific functions

Services

Decentralisation schemes

Joint working

Counties

County boroughs

The preserved counties

The Defence Act 1842 (c. 94)

The Licensing Act 1964 (c. 26)

The Sea Fisheries (Shellfish) Act 1967 (c. 83)

The Local Government Act 1972 (c. 70)

The Interpretation Act 1978 (c. 30)

The Justices of the Peace Act 1979 (c. 55)

The Magistrates’ Courts Act 1980 (c. 43)

The Representation of the People Act 1983 (c. 2)

The Parliamentary Constituencies Act 1986 (c. 56)

Introductory

Application in relation to National Parks

Interpretation

Preparation of modified schemes

Default powers

Effect of adoption or approval of modified plan

Other plans to prevail over old development plans and saved local plans

Local plans to prevail over structure plans

Development plans for compensation purposes

Revocation of old development plan

Temporary duty in relation to existing structure plan

Unitary development plan to prevail over other plans

Planning blight: structure plans

Planning blight: local plans and modified plans

Regulations and directions

The National Parks and Access to the Countryside Act 1949 (c. 97)

The Local Government, Planning and Land Act 1980 (c. 65)

The Acquisition of Land Act 1981 (c. 67)

The Litter Act 1983 (c. 35)

The Housing Act 1985 (c. 68)

The Local Government Act 1988 (c. 9)

The Local Government Finance Act 1988 (c. 41)

The Electricity Act 1989 (c. 29)

The Local Government and Housing Act 1989 (c. 42)

The Town and Country Planning Act 1990 (c. 8)

...

The Planning (Hazardous Substances) Act 1990 (c. 10)

The Planning (Consequential Provisions) Act 1990 (c. 11)

The Environmental Protection Act 1990 (c. 43)

The Local Government (Overseas Assistance) Act 1993 (c. 25)

The Highways Act 1980 (c. 66)

The Conwy Tunnel (Supplementary Powers) Act 1983 (c. 7)

The Level Crossings Act 1983 (c. 16)

The New Roads and Street Works Act 1991 (c. 22)

The Severn Bridges Act 1992 (c. 3)

The Transport and Works Act 1992 (c. 42)

The Transport Act 1968 (c. 73)

The Public Passenger Vehicles Act 1981 (c. 14)

The Transport Act 1981 (c. 56)

The Road Traffic Regulation Act 1984 (c. 27)

The Transport Act 1985 (c. 67)

The Road Traffic Act 1988 (c. 52)

The Road Traffic Offenders Act 1988 (c. 53)

The Road Traffic Act 1991 (c. 40)

The Leasehold Reform Act 1967 (c. 88)

The Rent (Agriculture) Act 1976 (c. 80)

The Rent Act 1977 (c. 42)

The Protection from Eviction Act 1977 (c. 43)

The Housing Act 1985 (c. 68)

The Housing Associations Act 1985 (c. 69)

The Landlord and Tenant Act 1985 (c. 70)

The Landlord and Tenant Act 1987 (c. 31)

The Housing Act 1988 (c. 50)

The Local Government and Housing Act 1989 (c. 42)

The Social Security Administration Act 1992 (c. 5)

The Celluloid and Cinematograph Film Act 1922 (c. 35)

The Petroleum (Consolidation) Act 1928 (c. 32)

The Public Health Act 1936 (c. 49)