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Local Government (Wales) Act 1994

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Version Superseded: 01/10/1998

Status:

Point in time view as at 11/09/1998.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Local Government (Wales) Act 1994. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Section 66(6).

SCHEDULE 16U.K. Other Consequential Amendments

The Burial Act 1859 (c. 1)U.K.

1U.K.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 ”.

The Game Licences Act 1860 (c. 90)U.K.

2U.K.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.

The Explosives Act 1875 (c. 17)U.K.

3U.K.In subsection (3) of section 67 of the Explosives Act 1875 (definition of local authority), after “a county” insert “ or county borough ”.

The Finance Act 1908 (c. 16)U.K.

4U.K.In section 6 of the Finance Act 1908 (collection by local authorities of duties on game licences)—

(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

(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 ”.

The Commons Act 1908 (c. 44)E+W

5E+WIn 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 ”.

The Welsh Church Act 1914 (c. 91)U.K.

6U.K.In section 19 of the Welsh Church Act 1914 (application of residue of property)—

(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

(b)in subsection (1)(b), after “county” insert “ or county borough ”.

The Law of Property Act 1925 (c. 20)E+W

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 ”.

(2)In section 194 of that Act (restrictions on inclosure of commons)—

(a)in subsection (2), after second “county” insert “ or county borough ”; and

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

The Education Act 1944 (c. 31)E+W

F18E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Requisitioned Land and War Works Act 1945 (c. 43)E+W

9E+WIn 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 ”.

The Fire Services Act 1947 (c. 41)U.K.

10(1)In section 8 of the Fire Services Act 1947 (constitution and powers of iffre authorities constituted under combination schemes)—U.K.

(a)in subsection (3), after “counties” insert “ or, in Wales, counties or county boroughs ”; and

(b)in subsection (4), after “county” insert “ or, in Wales, of a county or county borough ”.

(2)In section 9 of that Act (amendment and revocation of combination schemes)—

(a)in subsection (2)(a), after “counties” insert “ or, in Wales, counties or county boroughs ”; and

(b)in subsection (4), after “county” insert “ or, in Wales, of any county or county borough ”.

(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 ”.

The Shops Act 1950 (c. 28)U.K.

Prospective

11In section 73 of the Shops Act 1950 (local authorities), in subsection (1), after “the borough;” insert “ as respects any county or county borough in Wales, the council of that area; ”.

The Registration Service Act 1953 (c. 37)E+W

12E+WIn 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 ”.

Commencement Information

I1Sch. 16 para. 12 in force at 1.10.1995, see s. 66 and S.I. 1995/2490, art. 5(1), Sch. 3 (subject to art. 5(2)-(6))

The Trading Representations (Disabled Persons) Act 1958 (c. 49)E+W+S

13In section 1(5) of the Trading Representations (Disabled Persons) Act 1958 (definition of “local authority” for purposes of registration of sellers of certain goods), after “means” insert “ , in relation to England, ” and after “City of London,” insert “ in relation to Wales, the council of a county or county borough, ”.

The Opencast Coal Act 1958 (c. 69)E+W+S

14E+W+SIn 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—

(ia)in Wales, the county council or county borough council, and any community council.

The Weeds Act 1959 (c. 54)E+W+S

15E+W+SIn section 5 of the Weeds Act 1959 (exercise of powers by local authority), after “county” insert “ , county borough ” (in both places).

The Caravan Sites and Control of Development Act 1960 (c. 62)E+W+S

16(1)In section 23 of the Caravan Sites and Control of Development Act 1960 (power to prohibit caravans on commons), at the end add—E+W+S

(9)This section and the Second Schedule to this Act shall apply in relation to land in Wales as if for every reference to a district council or to the district council (however expressed), or which falls to be construed as such a reference, there were substituted a reference to a Welsh county council or county borough council or (as the case may be) the Welsh county council or county borough council.

(2)In section 24(8) of that Act (local authorities who have power to provide sites for caravans), after “county” insert “ in England ” and omit “constituted under section four of the Act of 1947”.

(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 ”.

The Land Compensation Act 1961 (c. 33)E+W

17E+WIn 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 ”.

The Factories Act 1961 (c. 34)E+W+S

18E+W+SIn section 176 of the Factories Act 1961 (general interpretation), after subsection (8) insert—

(8A)In the application of this Act in relation to Wales—

(a)any reference to a district council shall be construed as a reference to a county council or (as the case may be) county borough council; and

(b)any reference to the district of a district council shall be construed as a reference to a county or county borough.

The Trustee Investments Act 1961 (c. 62)U.K.

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, ”.U.K.

(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, ”.

The Local Government (Records) Act 1962 (c. 56)E+W

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, ”.E+W

(2)In section 8(1) of that Act (interpretation), in the definition of “local authority”, after “county,” insert “ county borough, ”.

The Pipe-lines Act 1962 (c. 58)E+W+S

21E+W+SIn 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, ”.

The Licensing Act 1964 (c. 26)E+W

22(1)In section 58(1)(a) of the Licensing Act 1964 (meaning of “local authority”), after “district,” insert “ or, in Wales, the council of the county or county borough, ”.

(2)In section 66 of that Act (Sunday closing in Wales)—

(a)in subsection (1), for “district” substitute “ county or county borough ”;

(b)omit subsection (2);

(c)in subsection (3), for the first and third “district” substitute “ county or county borough ” (in each case), and for the second and fourth “district” substitute “ county or, as the case may be, county borough ” (in each case);

(d)in subsection (4)—

(i)for “district council” substitute “ county council or, as the case may be, county borough council ”;

(ii)for “district”, in every other case, substitute “ county or county borough ”; and

(iii)for “1975” substitute “ 1996 ”;

(e)in subsection (5), for “districts” substitute “ counties and county boroughs ”; and

(f)in subsection (7), for “district council” substitute “ county council or county borough council ” and for second “district” substitute “ county or county borough ”.

(3)In section 67 of that Act (Welsh Sunday polls)—

(a)in subsection (2)(a), for the first “district” substitute “ county or county borough ” and for “district councillors” substitute “ councillors of the county or (as the case may be) county borough ”;

(b)in subsection (3), for the first “district” substitute “ county or county borough ”, and for “district council” substitute (in both places) “ county council or (as the case may be) county borough council ”;

(c)in subsection (4), for “district” substitute “ county or county borough ”; and

(d)in subsection (5), for “district councillors” substitute “ councillors of the county or county borough ”.

(4)In section 98 of that Act (grounds for refusing applications for Part IV licences), in subsection (5)(a) after “district” insert “ or, in Wales, the council of the county or county borough ”.

(5)In section 180 of that Act (consent to grant of occasional licence), in subsection (1)(a), for “a district or part thereof” substitute “ any area ”.

(6)In Schedule 2 to that Act (applications for justices’ licences), in paragraph 5, in paragraph (a), after “licensed are” insert “ in England but ” and, after paragraph (a) insert—

(aa)if the premises to be licensed are in Wales, to the proper officer of the county council or county borough council; and.

(7)In Schedule 8 to that Act (Sunday polls in Wales), in paragraph 6—

(a)in sub-paragraph (1), omit the first “district”, for the second “district” substitute “ county or county borough ” and for the third “district” substitute “ county or (as the case may be) county borough ”;

(b)in sub-paragraph (2), for the first “district” substitute “ county or county borough ” and omit “district” in both other places;

(c)in sub-paragraph (3), omit the first “district” and for the second “district” substitute “ county or county borough ”;

(d)in sub-paragraph (4), for the first “district” substitute “ county or county borough ”, omit the second “district” and for “district council” substitute “ county council or (as the case may be) county borough council ”.

(8)In paragraph 7 of Schedule 8 to that Act—

(a)in sub-paragraph (1), for the first “district” substitute “ county or county borough ”, for the second “district” substitute “ county or (as the case may be) county borough ”, omit the third “district” and for “councillor for the district” substitute “ councillor of the county or (as the case may be) county borough ”; and

(b)in sub-paragraphs (2), (3) and (4) omit “district”.

(9)After paragraph 7 of Schedule 8 to that Act insert—

(7A)In paragraphs 6 and 7 above “returning officer”, in relation to a county or county borough, means the returning officer for elections of councillors of the county or county borough.

(10)In the Appendix to Schedule 8 to that Act—

(a)in form A, for “[district of]” substitute “ [county/county borough of] ”;

(b)in form B, for “[district of]”, substitute, in each place, “ [county/county borough of] ”;

(c)in form D, for “[ward of the district of]” substitute, in each place, “ [division of the county/county borough of] ” and for “said district” substitute “ said [county/county borough] ”; and

(d)in form E, for “[district of]” substitute, in each place, “ [county/county borough of] ”.

The Harbours Act 1964 (c. 40)E+W+S

23E+W+SIn Schedule 3 to the Harbours Act 1964 (procedure for making harbour orders), in paragraph 3(ba)—

(a)omit “and Wales” and “ or community ”; and

(b)after “parish council” insert “ , in Wales, a county council, a county borough council and a community council ”.

The Public Libraries and Museums Act 1964 (c. 75)E+W

24(1)Omit the following provisions from the Public Libraries and Museums Act 1964—E+W

(a)in section 4 (library authorities and areas), from “— (a)” to “(b)”, in subsection (2);

(b)in section 5 (joint boards), the proviso in subsection (3);

(c)section 6 (special provisions as to Welsh districts);

(d)in section 10 (default powers of Secretary of State), in subsection (2)—

(i)paragraph (a);

(ii)in paragraph (b), in sub-paragraph (i) the words “other than any council of a district in Wales” and sub-paragraph (ii);

(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”;

(f)section 21 (expenses of county councils in Wales).

(2)In section 4 of that Act, at the end add—

(3)In Wales, county councils and county borough councils shall, subject to section 5 below, be library authorities for the purposes of this Act.

(3)In section 25 of that Act (interpretation), after the definition of “library officer” insert—

  • local authority”, in relation to Wales, means a county council or county borough council;.

(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 ”.

The Gas Act 1965 (c. 36)E+W+S

25E+W+SIn 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, ”.

The Sea Fisheries Regulation Act 1966 (c. 38)E+W

26(1)In section 1 of the Sea Fisheries Regulation Act 1966 (sea fisheries districts and local fisheries committees), in subsection (1), for “county” substitute “ county, county borough ” (in both places).

(2)In section 2 of that Act (constitution of local fisheries committee), in subsection (1), for “county” substitute “ county, county borough ” (in both places).

(3)In section 3 of that Act (application by inhabitants in case of refusal by council), for “county” substitute “ county, county borough ” (in both places).

(4)In section 19 of that Act (contributions to river authority’s expenses), for “county” substitute “ county, county borough ”.

Commencement Information

I2Sch. 16 para. 26 in force at 1.10.1995, see s. 66 and S.I. 1995/2490, art. 5(1), Sch. 3 (subject to art. 5(2)-(6))

The Local Government Act 1966 (c. 42)E+W

27E+WIn section 41(1) of the Local Government Act 1966 (interpretation), in the definition of “local authority”, after “London borough” insert “ or county borough ”.

The Plant Health Act 1967 (c. 8)E+W+S

28E+W+SIn 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 ”.

The Private Places of Entertainment (Licensing) Act 1967 (c. 19)E+W

29In the table in Part I of the Schedule to the Private Places of Entertainment (Licensing) Act 1967 (adopting and licensing authorities) at the end add—

A Welsh county.The county council.The county council.
A county borough.The county borough council.The county borough council.

The Agriculture Act 1967 (c. 22)U.K.

30U.K.In section 75(2) of the Agriculture Act 1967 (interpretation), in the definition of “local authority”, omit “and Wales” and, immediately before “and, in Scotland”, insert “ in Wales, the council of a county or county borough ”.

The Slaughter of Poultry Act 1967 (c. 24)E+W+S

31E+W+SIn 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 ”.

The Theatres Act 1968 (c. 54)E+W+S

32In section 18 of the Theatres Act 1968 (interpretation), in subsection (1), in paragraph (b) of the definition of “licensing authority” omit “and Wales” and at the end of that paragraph insert—

(bb)as respects premises in a county or county borough in Wales, the council of that area;.

The Medicines Act 1968 (c. 67)U.K.

33U.K.In section 108 of the Medicines Act 1968 (enforcement)—

(a)in subsection (8), after “county” insert “ or county borough ”; and

(b)in subsection (12)(a), after “district” insert “ , county borough ” (in both places).

The Mines and Quarries (Tips) Act 1969 (c. 10)E+W+S

34E+W+SIn 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—

(aa)in Wales, the council of a county or county borough,.

The Post Office Act 1969 (c. 48)E+W

35In section 86(1) of the Post Office Act 1969 (interpretation), in the definition of “local authority”, in paragraph (a) omit “and Wales” and after that paragraph insert—

(aa)in relation to Wales, means the council of a county or county borough;.

The Late Night Refreshment Houses Act 1969 (c. 53)E+W

36In section 2(2) of the Late Night Refreshment Houses Act 1969 (licensing authorities), after “are” insert “ , Welsh county councils and county borough councils ”.

The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)E+W+S

37E+W+SIn 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, ”.

The Agriculture Act 1970 (c. 40)U.K.

38(1)In section 38 of the Agriculture Act 1970 (smallholdings authorities), in paragraph (b) omit “and Wales” and after that paragraph insert—U.K.

(bb)the council of every county or county borough in Wales;.

(2)In section 48 of that Act (acquisition of land for purpose of smallholdings), in subsection (1), after “county” insert “ or county borough ”.

(3)In section 60 of that Act (cottage holdings), in subsection (1), after “county council” insert “ , a county borough council ”.

(4)In section 62 of that Act (provisions as to Wales), in subsection (1)(a), after “county” insert “ or county borough ”.

(5)In section 67 of that Act (enforcement authorities), in subsection (1) omit “and Wales” and after that subsection insert—

(1A)In Wales it shall be the duty of each county council and each county borough council to enforce this Part of this Act within its area..

The Poisons Act 1972 (c. 66)E+W+S

39E+W+SIn 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—

(aa)in relation to Wales, the council of a county or county borough,.

The Land Compensation Act 1973 (c. 26)E+W

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 ”.

(2)In section 19 of that Act (interpretation of Part I), in the definition of “the appropriate highway authority” in subsection (1)—

(a)in paragraph (a), after “1985” insert “ or the Local Government (Wales) Act 1994 ”; and

(b)in paragraph (b), after “that Act” insert “ either of those Acts ”.

(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 ”.

Commencement Information

I3Sch. 16 para. 40 partly in force; Sch. 16 para. 40 not in force at Royal Assent see s. 66; Sch. 16 para. 40(1)(2)(a)(3) in force at 1.4.1996 by S.I. 1996/396, art. 4, Sch. 2

The Employment Agencies Act 1973 (c. 35)E+W+S

41E+W+SIn 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, ”.

The Breeding of Dogs Act 1973 (c. 60)E+W+S

42E+W+SIn section 5(2) of the Breeding of Dogs Act 1973 (interpretation), in the definition of “local authority”, omit “and Wales”, and after “City of London” insert “ and in Wales the council of a county or county borough ”.

The Slaughterhouses Act 1974 (c. 3)E+W

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— and E+W

(d)as respects any county or county borough in Wales, the council of the county or county borough.

(2)In section 34 of that Act (interpretation of Part I), in the definition of “district”, at the end add— and, in relation to—

(a)a local authority who are the council of a Welsh county or county borough, and

(b)the officers of such an authority,

means that county or county borough; .

(3)In section 45 of that Act (interpretation of Part II)—

(a)after the definition of “contravention” insert—

  • district”, in relation to a local authority who are the council of a Welsh county or county borough, means that county or county borough;; and

(b)in the definition of “local authority”, after first “council” insert “ of a Welsh county or county borough or ”.

The Local Government Act 1974 (c. 7)E+W

44E+WIn 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 ”.

The Consumer Credit Act 1974 (c. 39)U.K.

45U.K.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, ”.

The Guard Dogs Act 1975 (c. 50)E+W+S

46E+W+SIn 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, ”.

The Safety of Sports Grounds Act 1975 (c. 52)E+W+S

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, ”E+W+S

(a)section 3(3) (applications for certificates);

(b)in section 4 (amendment etc of certificates), subsections (7) and (8);

(c)section 5(5)(d) (interested parties for purposes of appeals);

(d)section 10(8)(b) (copies of prohibition notices);

(e)section 10A(7)(d) (appeals against orders relating to prohibition notices); and

(f)section 11(c) (powers of entry and inspection).

(2)In section 17(1) of that Act (interpretation)—

(a)in the definition of “building authority”, in paragraph (a) omit “or in Wales,”; and

(b)in the definition of “local authority”, in paragraph (c) omit “or in Wales,” and, after that paragraph insert—

(cc)in Wales, the county council or county borough council;.

The Welsh Development Agency Act 1975 (c. 70)U.K.

48U.K.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 ”.

The Local Land Charges Act 1975 (c. 76)E+W

49E+WIn section 3(1) of the Local Land Charges Act 1975 (registering authorities), after paragraph (a) insert—

(aa)a Welsh county council;

(ab)a county borough council;.

The Lotteries and Amusements Act 1976 (c. 32)E+W+S

50(1)In section 23(1) of the Lotteries and Amusements Act 1976 (interpretation), in paragraph (b) of the definition of “local authority”, for “district” substitute “ county borough ”.

(2)In Schedule 1 to that Act (registration of societies), in paragraph 1(2)(b), for “district” substitute “ county council or county borough ”.

(3)In paragraph 1(2) of Schedule 3 to that Act (permits for commercial provision of amusements with prizes: interpretation), in paragraph (b) of the definition of “local authority”, for “district” substitute “ county council or county borough ”.

The Dangerous Wild Animals Act 1976 (c. 38)E+W+S

51E+W+SIn 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, ”.

The Race Relations Act 1976 (c. 74)E+W+S

52E+W+SIn section 19A of the Race Relations Act 1976 (discrimination by planning authorities), in subsection (2)(a), after “county,” insert “ county borough, ”.

The Development of Rural Wales Act 1976 (c. 75)E+W+S

53(1)In section 1 of the Development of Rural Wales Act 1976 (establishment and general function of Development Board for Rural Wales)—

(a)in subsection (2), for “the county of Powys and the districts of Ceredigion and Meirionnydd” substitute “ the area for which it was so responsible immediately before 1st April 1996 ”; and

(b)in subsection (4), in paragraphs (a) and (b), for “and of each district” substitute “ or county borough ”.

(2)In section 34 of that Act (interpretation), in the definition of “local authority” in subsection (1), for “of a district” substitute “ or county borough ”.

(3)In paragraph 3(3)(a) of Schedule 1 to that Act (constitution etc of the Development Board for Rural Wales), for “and of each district” substitute “ or county borough ”.

(4)In Schedule 3 to that Act (the new towns code)—

(a)omit paragraph 1(6); and

(b)in paragraph 38(2)—

(i)in sub-paragraph (i), for “district planning authority in whose area the land is situated” substitute “ local planning authority ”; and

(ii)in sub-paragraph (ii), at the end add “if they are not the local planning authority”.

The European Parliamentary Elections Act 1978 (c. 10)U.K.

54(1)In paragraph 4 of Schedule 1 to the European Parliamentary Elections Act 1978 (returning officers etc.), in sub-paragraph (5)(a) omit “and Wales” and at the end insert—

(aa)in Wales, a county or county borough;.

(2)In paragraph 5A of Schedule 2 to that Act (local inquiries held by Boundary Commission), in sub-paragraph (4)(a) omit “and Wales” and after “district” insert—

(aa)in Wales, the council of a county or county borough;.

Commencement Information

I4Sch. 16 para. 54 wholly in force at 1.4.1996; Sch. 16 para. 54 not in force at Royal Assent see s. 66; Sch. 16 para. 54(2) in force at 1.1.1996 by S.I. 1995/3198, art. 6(1), Sch. 4 (subject to art. 6(2); Sch. 16 para. 54(1) in force at 1.4.1996 by S.I. 1996/396, art. 4, Sch. 2

The Inner Urban Areas Act 1978 (c. 50)E+W+S

55(1)In section 1 of the Inner Urban Areas Act 1978 (designation of districts by Secretary of State)—E+W+S

(a)in subsection (1), after “district” insert “ or Welsh county or county borough ”; and

(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 ”.

(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) ”.

(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—

(aa)as respects any such Welsh county or county borough, the council of that county or county borough;.

(4)After subsection (2) of that section, insert—

(2A)For the purposes of subsection (2) above, references to districts include references to Welsh counties and county boroughs.

(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 ”.

(6)In the Schedule to that Act (improvement areas), after paragraph 1(1), insert—

(1A)In the application of sub-paragraph (1) above in relation to Wales, the words “after consulting the other designated district authority,” shall not apply.

The Ancient Monuments and Archaeological Areas Act 1979 (c. 46)E+W+S

56(1)In section 8(2A) of the Ancient Monuments and Archaeological Areas Act 1979 (recovery of compensation on subsequent grant of scheduled monument consent), in paragraph (c), for “district” substitute “ county or county borough ”.E+W+S

(2)In section 35(5) of that Act (notice required of operations in areas of archaeological importance), in paragraph (a) omit “and Wales” and after that paragraph insert—

(aa)in the case of land in Wales, on the council of each county or county borough in which the site of the operations is wholly or partly situated;.

(3)In section 61(1) of that Act (interpretation), in the definition of “local authority”, in paragraph (a) omit “and Wales” and after “City of London;” insert—

(aa)in Wales, the council of a county or county borough;.

The Local Government, Planning and Land Act 1980 (c. 65)E+W

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—

(aa)a county borough council;.

(2)In section 4 of that Act (bodies which may be directed to publish information)—

(a)in subsection (4)(g), after “councils” insert “ or Welsh county councils or county borough councils ”; and

(b)in subsection (7), omit “district”.

(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—

(aa)in relation to Wales, a county council or county borough council or a police authority established under section 3 of the M1Police Act 1964;.

(4)In section 98 of that Act (disposal of land at direction of Secretary of State), in subsection (8A) after paragraph (a) insert—

(aa)a county borough council;.

(5)In section 99 of that Act (provisions supplementing section 98), in subsection (4) after paragraph (a) insert—

(aa)a county borough council;.

(6)In section 100 of that Act (interpretation of Part X), in subsection (1)(a) after “county council,” insert “ county borough council, ”.

Commencement Information

I5Sch. 16 para. 57 partly in force; Sch. 16 para. 57 not in force at Royal Assent see s. 66; Sch. 16 para. 57(1)-(5) in force at 3.4.1995 by S.I. 1995/852, art. 9(1), Sch. 5 (subject to art. 9(2)-(5))

Marginal Citations

58(1)Section 103 of that Act (functions of the Land Authority for Wales), is amended as follows.

(2)In subsection (2)(c), for “county and district councils in whose area the land is situated” substitute

(i)the council of any county or county borough in which the land, or any part of the land, is situated, and

(ii)the joint planning board (if any) for the area in which the land, or any part of the land, is situated,.

(3)For subsection (6), substitute—

(6)The council of a county or county borough in Wales which makes an assessment of land in its area which is, in its opinion, available and suitable for development may be assisted by the Authority in making that assessment.

(6A)A joint planning board in Wales which makes an assessment of land in its district which is, in its opinion, available and suitable for development may be assisted by the Authority in making that assessment.

(4)In subsection (7), for “or (6)” substitute “ (6) or (6A) ”.

(5)In subsection (8), for “or district council” substitute “ council, county borough council or joint planning board ” and after “the council” insert “ or board ”.

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—

(aa)(in the application of the section to Wales) the councils of counties and county boroughs;.

(2)In section 162 of that Act (inner urban areas)—

(a)in subsection (5)—

(i)in paragraph (a) after “district” insert “ or Welsh county or county borough ”; and

(ii)in paragraph (b) after “district” insert “ or (as the case may be) Welsh county or county borough ”; and

(b)in subsection (6)(b), after “(a)” insert “ or (aa) ”.

(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—

(aa)(in the application of the sections to Wales) a county council or county borough council;.

(4)In section 185 of that Act (pleasure boat byelaws) in subsection (1) after “London” insert—

(iv)the council of a Welsh county or county borough,.

(5)In Schedule 16 to that Act (bodies to whom Part X applies), after paragraph 1 insert—

1AA county borough council..

(6)In Schedule 19 to that Act (public authorities who may seek advice from the Land Authority for Wales), in paragraph 1 after sub-paragraph (a) insert—

(aa)a county borough council,

(ab)a joint planning board in Wales,.

(7)In Schedule 20 to that Act (Land Authority for Wales: acquisition of land), after paragraph 4 insert—

4AWhere the compulsory purchase order was made by the Authority and the land is situated in the district of a joint planning board in Wales—

(a)a notice under section 12 shall also be served on the board,

(b)the board shall have a right to object in accordance with the notice,

(c)the references in section 13 to objections made by an owner, lessee or occupier shall also include references to an objection made by the board.

(8)In Schedule 21 to that Act (further functions of the Land Authority for Wales)—

(a)in paragraph 9(1), after “local authority” insert “ and joint planning board ”; and

(b)in paragraph 9(2) for “district council” substitute “ local planning authority ” and for “the council” substitute “ the local planning authority ”.

(9)In Schedule 32 to that Act (enterprise zones)—

(a)in paragraph 1(1) insert, after paragraph (a)—

(aa)the council of a Welsh county or county borough;

(b)in sub-paragraph (3) after the first “district” insert “ county, county borough ”; and

(c)in paragraph 2(2)(a)(ii) omit “or Wales” and after “situated” insert—

(iia)if the area for which the scheme is to be prepared is in Wales, adequate publicity is given to its provisions in the county or county borough in which the area is situated;.

The Disused Burial Grounds (Amendment) Act 1981 (c. 18)E+W

60E+WIn 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, ”.

The Animal Health Act 1981 (c. 22)E+W+S

61E+W+SIn section 50 of the Animal Health Act 1981 (local authorities), in subsection (2), after paragraph (b) insert—

(bb)as respects a county borough, the county borough council,.

The Zoo Licensing Act 1981 (c. 37)E+W+S

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—E+W+S

(aa)in Wales, the councils of counties and county boroughs;.

(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— or

(ii)if the part is situated in Wales, the local planning authority for the area in which it is situated;.

The New Towns Act 1981 (c. 64)E+W

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 ”.

(2)In section 7 of that Act (planning control), in subsection (3), immediately before “in a metropolitan county” insert “ in Wales or ”.

(3)In section 23 of that Act (extinguishment of public rights of way), in subsection (2)—

(a)in paragraph (i), after “authority” insert “ or, in the case of land in Wales, the local planning authority ”; and

(b)in paragraph (ii), at the beginning insert “ if different ”.

(4)In section 33 of that Act (new town may be united district for Public Health Acts), for “districts” substitute “ areas ”.

(5)In section 38 of that Act (local authorities and work for Commission), in subsection (1), after “a county” insert “ , county borough ”.

(6)In section 39 of that Act (power of development corporation to transfer undertakings), after subsection (2) insert—

(2A)Subsection (2) above shall have effect in relation to Wales as if for “and of every district” there were substituted or county borough.

(7)In section 41 of that Act (transfer of property to Commission and dissolution of corporation), after subsection (1) insert—

(1A)Subsection (1) above shall have effect in relation to Wales as if for “and of every district” there were substituted “or county borough”.

(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 ”.

(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 ”.

The Acquisition of Land Act 1981 (c. 67)E+W

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 ”.E+W

(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 ”.

The Wildlife and Countryside Act 1981 (c. 69)E+W+S

65(1)In section 3 of the Wildlife and Countryside Act 1981 (areas of special protection), in subsection (4), for “district” substitute “locality”.

(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—

(aa)in relation to Wales, a county council or county borough council;.

(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—

(aa)in relation to any area in Wales, the local planning authority;.

(4)In section 36 of that Act (marine nature reserves), in paragraph (a) of the definition of “local authority” in subsection (7), after “county council,” insert “a county borough council,”.

(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”.

(6)In section 52 of that Act (interpretation of Part II), in subsection (2) omit “and to Wales”.

(7)In section 57 of that Act (supplementary provisions as to definitive maps and statements), after subsection (5) insert—

(5A)Subsection (5) shall apply in relation to land in Wales as if “in each district comprised” were omitted.

(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, ”.

F2(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)In Schedule 12 to that Act (procedure in connection with marine nature reserve orders), in paragraph 9(1), in the definition of “area”, at the end add “ or Welsh county or county borough ”.

(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 ”.

(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 ”.

Textual Amendments

F2Sch. 16 para. 65(9) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

The Civil Aviation Act 1982 (c. 16)U.K.

66(1)In section 79 of the Civil Aviation Act 1982 (grants towards cost of sound-proofing buildings), in subsection (7), omit “and Wales”.E+W+S

(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—

(aa)in relation to Wales, means a county council or a county borough council;.

The Aviation Security Act 1982 (c. 36)U.K.

Prospective

67In section 30 of the Aviation Security Act 1982 (supplementary orders), in subsection (3)(c), after “a county” insert “ in England ”.

The Representation of the People Act 1983 (c. 2)U.K.

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—U.K.

(2A)In Wales, the council of every county or county borough shall appoint an officer of the council to be registration officer for any constituency or part of a constituency coterminous with or situated in the area of the council.

(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, ”.

(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—

(aa)in the case of a county constituency in Wales which is coterminous with or wholly contained in a preserved county as defined by section 64 of the Local Government (Wales) Act 1994, the sheriff of the county;;

(bb)in the case of a borough constituency in Wales which is coterminous with or wholly contained in a county or county borough, the chairman of the county or county borough council;;

(cc)in the case of any other constituency in Wales, such sheriff or chairman of a county or county borough council as may be designated in an order by the Secretary of State so made;.

(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—

(aa)in the case of a constituency in Wales for which the chairman of a county or county borough council is returning officer by virtue of that section, by the registration officer appointed by that council;.

(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 ”.

(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—

(1A)For elections of county or county borough councillors in Wales, the county or county borough council may divide an electoral division into polling districts and may alter any polling district.

(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—

(1A)In Wales the council of every county or county borough shall appoint—

(a)an officer of the council to be the returning officer for elections of councillors of the county or county borough; and

(b)an officer of the council to be the returning officer for elections of councillors of communities within the county or county borough.

(8)In section 36 of that Act (local elections), in subsection (3) omit “or community” in both places in paragraph (b) and after that subsection insert—

(3AB)Where the polls at—

(a)the ordinary election of councillors for any electoral division of a Welsh county or county borough or an election to fill a casual vacancy occurring in the office of such a councillor, and

(b)the ordinary election of community councillors for any community or an election to fill a casual vacancy occurring in the office of such a councillor,

are to be taken on the same day and the elections are for related electoral areas, the polls at those elections shall be taken together.

(9)In section 36(4) of that Act (payment of expenses), after “county” insert “ a county borough ”.

(10)In section 36 of that Act, in subsection (5) omit “or community”, in both places, and “or the community” and after that subsection insert—

(5A)All the expenditure properly incurred by a returning officer in relation to the holding of an election of a community councillor shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the county or county borough in which the community is situated (“the principal council”), exceed that scale, be paid by the principal council; and if the principal council so require, any expenditure so incurred shall be repaid to them by the community council.

(11)In section 39 of that Act (void local elections)—

(a)in subsections (4) and (6)(a), after “district council” insert, in each case, “ or Welsh county or county borough council ”; and

(b)in subsection (6)(b), omit “district”.

(12)In section 52(4) of that Act (discharge of registration duties), in paragraph (a) omit “and Wales” and for second “and” substitute—

(aa)in Wales, of a county or county borough council, and.

(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, ”.

(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 ”.

(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 ”.

(16)In section 203(1) of that Act (interpretation)—

(a)in the definition of “local authority”, after “county council,” insert “ a county borough council, ”; and

(b)in the definition of “local government area”, after “county,” insert “ county borough, ”.

(17)In Schedule 1 to that Act (parliamentary election rules), in paragraph 10(2)(c) after “district” insert “ or Welsh county or county borough ”.

(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 ”.

(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 ”.

(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 ”.

Commencement Information

I6Sch. 16 para. 68 wholly in force at 1.4.1996; Sch. 16 para. 68 not in force at Royal Assent see s. 66; Sch. 16 para. 68(6)(8)(9)(13)-(16)(19) in force at 20.3.1995, and Sch. 16 para. 68(7) in force at 20.3.1995 for certain purposes by S.I. 1995/546, art. 3, Sch. (subject to arts. 4-8 (as amended by S.I. 1995/851)); Sch. 16 para. 68(7) in force at 1.4. 1996 insofar as not already in force and Sch. 16 para. 68(1)-(5)(10)-(12)(17)(18)(20) in force at 1.4.1996 by S.I. 1996/396, art. 4, Sch. 2

The Licensing (Occasional Permissions) Act 1983 (c. 24)E+W

69In section 1(5) of the Licensing (Occasional Permissions) Act 1983 (restriction on occasional permissions), for “district in Wales or Monmouthshire” substitute “ locality ”.

The Value Added Tax Act 1983 (c. 55)U.K.

Prospective

70In section 20 of the Value Added Tax Act 1983 (refunds of tax to local authorities and other bodies), in subsection (6) after “county,” insert “ county borough, ”.

The Pastoral Measure 1983 (No. 1)E

71EIn section 87 of the Pastoral Measure 1983 (general interpretation), in the definition of “local planning authority” in subsection (1), after “(a)” insert “ in England ”.

The Telecommunications Act 1984 (c. 12)U.K.

72In section 97 of the Telecommunications Act 1984 (contributions by local authorities towards provision of facilities), in subsection (3)—

(a)in paragraph (a) omit “and Wales”, after “City of London” insert “or” and omit “or a community council”; and

(b)after that paragraph insert—

(aa)in relation to Wales, means a county council, a county borough council or a community council;.

The Cinemas Act 1985 (c. 13)E+W+S

73In section 21 of the Cinemas Act 1985 (interpretation), in subsection (1), in the definition of “local authority”, in paragraph (a) omit “and Wales” and after that paragraph insert—

(aa)in Wales, a county council or a county borough council;.

The Representation of the People Act 1985 (c. 50)U.K.

74(1)In the Representation of the People Act 1985, in sections 6(2A)(c) (absent vote at elections for an indefinite period) and 9(5)(c) (voting as proxy) after “county” insert, in each case, “ or county borough ”.

(2)In section 21 of that Act (insufficient nominations at ordinary elections of community councils), in subsection (2)(b)—

(a)after “district council” insert “ or, in the case of a community council, the county council or county borough council ”; and

(b)omit “of district council”.

The Weights and Measures Act 1985 (c. 72)E+W+S

75E+W+SIn 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 ”.

The Health Service Joint Consultative Committees (Access to Information) Act 1986 (c. 24)E+W

76E+WIn 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, ”.

The Airports Act 1986 (c. 31)E+W+S

77E+W+SIn 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—

(aa)in relation to Wales, means the council of a county or of a county borough;.

The Gas Act 1986 (c. 44)E+W+S

F378E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Building Societies Act 1986 (c. 53)U.K.

79U.K.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—

(aa)in Wales, a county council, a county borough council and a community council;.

The Parliamentary Constituencies Act 1986 (c. 56)U.K.

80U.K.In section 6(4)(a) of the Parliamentary Constituencies Act 1986 (local inquiries), after “county” insert “ county borough ”.

The Fire Safety and Safety of Places of Sport Act 1987 (c. 27)E+W+S

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, ”E+W+S

(a)section 28(10) (copies of applications for safety certifcates);

(b)in section 29 (amendment, cancellation etc of certifcates), subsections (7) and (8);

(c)section 30(8)(d) (interested parties for purposes of appeals); and

(d)section 35(c) (powers of entry and inspection).

(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—

(cc)in Wales, the county council or county borough council;.

The Coroners Act 1988 (c. 13)E+W

82F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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—

(2A)A person shall, so long as he is a councillor of a Welsh principal area, and for six months after he ceases to be one, be disqualified for being a coroner for a coroner’s district which, or any part of which, falls within that area.

(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 ”.

(5)After section 4 of that Act insert—

4A Coroners’ districts: Wales.

(1)The Secretary of State may by order divide, amalgamate or otherwise alter—

(a)any coroner’s district for the time being existing in Wales; or

(b)any such coroners’ districts.

(2)Before making any order under subsection (1) above, the Secretary of State shall consult the councils and coroners appearing to him to be affected by the order and such other persons as he thinks appropriate.

(3)The Secretary of State may, in relation to any area in Wales (the “review area”), direct the council or councils for each Welsh principal area which, or any part of which, falls within the review area to consider any of the following questions—

(a)whether any alteration should be made in a boundary between coroners’ districts which falls within the review area;

(b)whether a new coroner’s district should be created for the whole or any part of the review area;

(c)whether a coroner’s district which falls wholly within the review area should be abolished.

(4)The council or councils to whom such a direction is given shall submit their conclusions to the Secretary of State, together with a statement of their reasons for reaching those conclusions.

(5)In making an order under subsection (1) above in a case where he has given a direction under subsection (3) above, the Secretary of State shall have regard to any proposals made to him under subsection (4) above.

(6)Where the Secretary of State intends to give effect to any such proposals without modification, subsection (2) above shall not require him to consult the council or councils who made those proposals.

(7)An order made under subsection (1) above may make such incidental, consequential, transitional or supplemental provision as appears to the Secretary of State to be appropriate.

(8)Except as provided by this Act, a coroner appointed for any coroner’s district in Wales—

(a)shall for all purposes be regarded as a coroner for the whole of Wales; and

(b)shall have the same jurisdiction, rights, powers and authorities throughout Wales as if he had been appointed as coroner for the whole of Wales.

(9)The power to make orders under this section shall be exercisable by statutory instrument.

(10)Any such statutory instrument shall be laid before each House of Parliament after being made.

(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 ”.

(7)In section 27 of that Act (coroner’s accounts), in subsection (3)(b), after “county council” insert “ in England ” and after “fund;” insert—

(bb)in the case of the council of a Welsh principal area, out of the council fund;.

(8)In section 27(4) of that Act, for the words from “district consisting of” to “districts or boroughs” substitute— district—

(a)consisting of two or more metropolitan districts or London boroughs, or

(b)which lies partly in each of two or more Welsh principal areas,

the expenses of the councils of those districts, boroughs or areas .

F4(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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—

Welsh principal area” means Welsh county or county borough.

Textual Amendments

Commencement Information

I7Sch. 16 para. 82 wholly in force at 1.4.1996; Sch. 16 para. 82 not in force at Royal Assent see s. 66; Sch. 16 para. 82(5) in force for certain purposes at 3.4.1995 by S.I. 1995/852, art. 9(1), Sch. 5 (subject to art. 9(2)-(5)); Sch. 16 para. 82(1)-(3) in force at 3.4.1995 for certain purposes and 1.4.1996 otherwise by S.I. 1995/852, art. 9(1), Sch. 5 (subject to art. 9(2)-(5)); Sch. 16 para. 82(4) in force at 3.4.1995 by S.I. 1995/852, art. 9(1), Sch. 5 (subject to art. 9(2)-(5)); Sch. 16 para. 82(5) in force at 3.4.1995 for certain purposes by S.I. 1995/852, art. 9(1), Sch. 5 (subject to art. 9(2)-(5)); Sch. 16 para. 82(6)-(10) at 1.4.1996 by S.I. 1996/396, art. 4, Sch. 2 (which Sch. 16 para. 82(9) is repealed (1.4.1996) by S.I. 1996/655, reg. 3)

The Education Reform Act 1988 (c. 40)E+W+S

83E+W+SIn 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, ”.

The Local Government Finance Act 1988 (c. 41)E+W

84E+WIn section 55 of the Local Government Finance Act 1988 (alteration of lists), in subsection (7A)(a) after “41(6B)” insert “ or 41A(10) ”.

Commencement Information

I8Sch. 16 para. 84 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 9, Sch. 5 (subject to art. 9(2)-(5))

85E+WIn section 88(2) of that Act (councils to whom transport grants may be paid), after paragraph (a) insert—

(aa)a county borough council,.

Commencement Information

I9Sch. 16 para. 85 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 9, Sch. 5 (subject to art. 9(2)-(5))

86E+WIn Schedule 9 to that Act (non-domestic rating: administration), in paragraph 8(2)(a) after “41(6B)” insert “ or 41A(10) ”.

Commencement Information

I10Sch. 16 para. 86 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 9, Sch. 5 (subject to art. 9(2)-(5))

The Football Spectators Act 1989 (c. 37)E+W

87E+WIn 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, ”.

The Local Government and Housing Act 1989 (c. 42)E+W

88In 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—

(bb)a county borough council;.

Commencement Information

I11Sch. 16 para. 88 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 9, Sch. 5 (subject to art. 9(2)-(5))

The Broadcasting Act 1990 (c. 42)U.K.

89U.K.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—

(aa)in relation to Wales, means a county council or county borough council;.

The Caldey Island Act 1990 (c. 44)U.K.

90(1)In section 1(1) of the Caldey Island Act 1990—U.K.

(a)for “(in” substitute “ are in ”; and

(b)omit the closing bracket after “ “Caldey”” and the rest of the subsection.

(2)The following provisions shall be omitted from that Act—

(a)section 1(2)(a);

(b)in section 1(3), the words “and district”;

(c)section 1(4);

(d)section 2;

(e)section 4(1)(a); and

(f)section 4(2).

The Coal Mining Subsidence Act 1991 (c. 45)E+W+S

91E+W+SIn 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—

(aa)in relation to Wales, the council of a county or county borough;.

The Deer Act 1991 (c. 54)E+W

92E+WIn 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, ”.

The Social Security Contributions and Benefits Act 1992 (c. 4)U.K.

Prospective

93In section 58 of the Social Security Contributions and Benefits Act 1992 (incapacity for work: work as councillor to be disregarded), in subsection (4)(a), after “county” insert “ or county borough ”.

The Social Security Administration Act 1992 (c. 5)E+W+S

94E+W+SIn 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—

(aa)in relation to Wales, the council of a county or county borough;.

The Further and Higher Education Act 1992 (c. 13)E+W

95E+WIn 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, ”.

The Local Government Finance Act 1992 (c. 14)E+W

96In section 24 of the Local Government Finance Act 1992 (alteration of lists), in subsection (9)(b) after “22(8)” insert “ or 22A(10) ”.

Commencement Information

I12Sch. 16 para. 96 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 9(1), Sch. 5 (subject to art. 9(2)-(5))

97In section 28 of that Act (information about lists), in subsection (2)(a) after “22(8)” insert “ or 22A(10) ”.

Commencement Information

I13Sch. 16 para. 97 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 9(1), Sch. 5 (subject to art. 9(2)-(5))

98In section 54 of that Act (power to designate authorities for purposes of limiting council tax and precepts), in subsection (2), after “subsection (3)” insert “ or (3A) ”, in subsection (3), after “classes” insert “ , in relation to England, ” and after subsection (3) insert—

(3A)The classes, in relation to Wales, are—

(a)county councils and county borough councils; and

(b)police authorities established under section 3 of the M2Police Act 1964..

Commencement Information

I14Sch. 16 para. 98 in force at 1.10.1995, see s. 66 and S.I. 1995/2490, art. 5(1), Sch. 3 (subject to art. 5(2)-(6))

Marginal Citations

The Charities Act 1992 (c. 41)E+W

99In section 65 of the Charities Act 1992 (interpretation of Part III), in the definition of “local authority” in subsection (4), after “council of a” insert “ Welsh county or county borough, of a ”.

The Judicial Pensions and Retirement Act 1993 (c. 8)E+W

100E+WIn 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, ”.

The Charities Act 1993 (c. 10)E+W

101(1)In section 76 of the Charities Act 1993 (local authority’s index of local charities), in subsection (1), after “county” insert “ or county borough ”.E+W

(2)In section 77 of that Act (reviews of local charities by local authority), in subsection (1), after “county” insert “ or county borough ”, and after subsection (4) insert—

(4A)Subsection (4) above does not apply in relation to Wales.

(3)In section 78(1) of that Act (co-operation between charities and local authorities), in the definition of “local council”—

(a)after “means” insert “ , in relation to England, ”;

(b)for “parish or (in Wales) community” substitute “ or parish ”; and

(c)at the end add “ and, in relation to Wales, the council of a county, county borough or community ”.

(4)In section 79 of that Act (parochial charities), in subsection (7), in paragraphs (b) and (c), for “district council” substitute “ council of the county or (as the case may be) county borough ” (in each place).

(5)In Schedule 3 to that Act (enlargement of areas of local charities), after paragraph 3, insert—

3A. A Welsh county or county boroughAny area comprising that county or county borough.

(6)In paragraph 4 of Schedule 3 to that Act, in paragraph (iv) in column 2, at the end add “ or in any adjacent Welsh county or county borough ” and after that paragraph insert—

4A. Any area in a Welsh county or county borough

(i) Any area in the county or county borough;

(ii) the county or county borough;

(iii) any area comprising the county or county borough;

(iv) any area partly in the county or county borough and partly in any adjacent Welsh county or county borough or in any adjacent district.

The Radioactive Substances Act 1993 (c. 12)U.K.

102U.K.In section 47(1) of the Radioactive Substances Act 1993 (general interpretation provisions), in the definition of “local authority”—

(a)in paragraph (a) omit “and Wales”; and

(b)after paragraph (a) insert—

(aa)in Wales, the council of a county or county borough;.

The Local Government (Overseas Assistance) Act 1993 (c. 25)E+W+S

103E+W+SIn 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 ”.

The Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)E+W+S

104In section 161 of the Leasehold Reform, Housing and Urban Development Act 1993 (vesting of land by order in Urban Regeneration Agency), in subsection (7), in the definition of “local authority”, after “county council,” insert “ a county borough council, ”.

The Education Act 1993 (c. 35)E+W

F5105E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Welsh Language Act 1993 (c. 38)U.K.

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, ”.U.K.

(2)In section 25 of that Act (powers to give Welsh names to statutory bodies), for subsection (3) substitute—

(3)Subsection (1) above does not apply in relation to a name conferred on any area or local authority by the M3Local Government Act 1972.

Commencement Information

I15Sch. 16 para. 106 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 9(1), Sch. 5 (subject to art. 9(2)-(5))

Marginal Citations

The Railways Act 1993 (c. 43)U.K.

107U.K.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, ”.

The Health Service Commissioners Act 1993 (c. 46)U.K.

108In section 19 of the Health Service Commissioners Act 1993 (interpretation), in paragraph (a) of the definition of “local authority” omit “and Wales” and after that paragraph insert—

(aa)in relation to Wales, a county council or county borough council,.

The Probation Service Act 1993 (c. 47)E+W

109(1)Section 29 of the Probation Service Act 1993 (responsible authorities) is amended as follows.

(2)In subsection (1)(a), after second “probation area” insert—

(aa)for any probation area in Wales, any county or county borough in whose area is situated the whole, or any part of, the probation area;.

(3)In subsection (2) after “county” insert “ the council of a county borough ”.

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