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- Point in Time (20/03/1995)
- Original (As enacted)
Version Superseded: 01/04/1996
Point in time view as at 20/03/1995. This version of this schedule contains provisions that are not valid for this point in time.
Local Government (Wales) Act 1994, SCHEDULE 9 is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 22(3).
Valid from 01/04/1996
1E+W+SIn 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 ”.
Valid from 01/04/1996
2E+W+SIn 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 ”.
Valid from 01/04/1996
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—E+W
“(aa)in Wales, the county council or county borough council as respects all matters, without prejudice, however, to the exercise by a community council of any powers conferred upon such a council;”.
(2)In subsection (2) of section 1—
(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
(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”.
(3)In section 6 of that Act (union of districts, etc.), at the end add—
“(6)In relation to Wales, the proviso in subsection (2) of this section does not apply and subsection (4) of this section applies as if the words “and also the county council” and “or council” were omitted.”
(4)In section 267 of that Act (application to ships and boats), after subsection (2) insert—
“(2A)Subsection (2) of this section does not apply if the point on land which is nearest to the spot where the vessel is lying is in Wales.”
(5)In section 309 of that Act (expenses of joint boards), at the end add—
“(6)In subsection (5) of this section, the reference to a county council shall not include a reference to the council of a Welsh county or county borough.”
Valid from 01/04/1996
4In section 35 of the Rag Flock and Other Filling Materials Act 1951 (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;”.
Valid from 01/04/1996
5E+WIn 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.”
Valid from 01/04/1996
6E+WIn section 9(2) of the Scrap Metal Dealers Act 1964 (interpretation), in the definition of “local authority”, after “London borough” insert “ but, in relation to Wales, means the council of a county or county borough ”.
Valid from 01/04/1996
7E+W+SIn 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; ”.
Valid from 01/04/1996
8E+W+SIn 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—
“(aa)as respects Wales, the council of a county or county borough;”.
Valid from 01/04/1996
9E+W+SIn 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—
“(aa)in relation to Wales, a county council or a county borough council,”.
Valid from 01/04/1996
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 ”.E+W+S
(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—
“(6)In the application of this Part of this Act to Wales—
“collection authority” means a county council or county borough council; and
“disposal authority” means a county council or county borough council.”
(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—
“(aa)in Wales, the council of a county or a county borough;”.
(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—
“(aa)in Wales, the Secretary of State, a county council or a county borough council and, for the purposes of sections 91 to 93 of this Act, a sewerage undertaker; and”.
(5)In section 105(1) of that Act (general interpretation), after “county” insert, “county borough”.
Valid from 01/04/1996
11E+W+SIn 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 ”.
Valid from 01/04/1996
12E+W+SThe 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—
“(2)In the application of this Act in relation to Wales, any reference to a county shall be read as including a reference to a county borough and any reference to a county council shall be read as including a reference to a county borough council.”
Valid from 01/04/1996
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—E+W
“(aa)in Wales, a county council or county borough council,”;
and in subsection (4)(c), after “county councils” insert “ or county borough councils ”.
(2)In section 13 of that Act (regulations for control of certain diseases), in subsection (4)(a), after “county councils,” insert “ county borough councils, ”.
(3)In section 53 of that Act (interpretation of Part IV), in the definition of “canal”, after “county” insert “or county borough”.
(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”.
(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”.
Valid from 01/04/1996
14E+WIn 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 ”.
Valid from 01/04/1996
15(1)In section 18 of the Building Act 1984 (building over sewer etc.), after subsection (2) insert—E+W
“(2A)In subsection (2) above, the reference to the council of the district or borough shall be read, in relation to Wales, as a reference to the council of the county or county borough.”
(2)In section 87 of that Act (application of provisions to Crown property), after subsection (2) insert—
“(2A)Subsection (2) above shall apply in relation to property in Wales as if—
(a)in paragraph (a) the reference to a county included a reference to a county borough; and
(b)paragraph (b) were omitted.”
(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; ”.
Valid from 01/04/1996
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—E+W+S
“(1A)Subject to subsection (3)(a) and (b) below, the food authorities in Wales are, as respects each county or county borough, the council of that county or county borough.”
(2)In section 27(5) of that Act (appointment of public analysts), after “district” insert “ in England ”.
Prospective
F117(1)In section 4(11) of the Environmental Protection Act 1990 (which defines “local authority” for the purposes of Part I), in paragraph (b), at the beginning insert “in England” and after “Isles of Scilly;” insert—
“(bb)in Wales, a county council or county borough council;”.
(2)In section 30 of that Act (authorities for purposes of Part II), for [F2subsection (2)(f)] substitute—
“(f)for any county or county borough in Wales, the council of the county or county borough;”.
(3)In subsection (3) of section 30, in paragraph (a) omit “and Wales” and after paragraph (b) insert—
“(bb)for any county or county borough in Wales, the council of the county or county borough;”.
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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—
“(bb)in Wales, a county council or county borough council;”.
(6)In section 86 of that Act (preliminary provisions relating to litter), in subsection (2), after paragraph (a) insert—
“(aa)a county borough council,”.
(7)In subsection (9)(b) of section 86, at the beginning insert “in England” and after “district;” insert—
“(bb)in Wales, the council of the county or county borough;”.
(8)In section 88 of that Act (fixed penalty notices for leaving litter), in subsection (9)—
(a)in paragraph (a), for “a county” substitute “ an English county ”; and
(b)in paragraph (b), immediately before “county council” insert “ English ”.
(9)In that Act, in each of—
(a)section 90(3) (litter control areas),
(b)section 92(1) (summary proceedings by litter authorities), and
(c)section 95(1) (public registers),
for “a” immediately before “county council” substitute “ an English ”, and immediately before each of “regional” and “joint” insert “ a ”.
(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 ”.
(11)In section 99(5) of that Act (provisions relating to abandoned trolleys), in paragraph (d), after “Isles of Scilly;” insert—
“(dd)in Wales, the council of a county or county borough;”.
[F4(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—
“(bb)in Wales, a county council or county borough council;”.]
(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 ”.
Textual Amendments
F1Sch. 9 para. 17 partly in force; Sch. 9 para. 17 not in force at Royal Assent see s. 66; Sch. 9 para. 17(1) in force for certain purposes, Sch. 9 para. 17(2)(3)(5)-(13) in force at 1.4.1996 by S.I. 1996/396, art. 3, Sch. 1
F2Words in Sch. 9 para. 17(2) substituted (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 231 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F3Sch. 9 para. 17(4) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xxxv)
F4Sch. 9 para. 17(12) repealed (prosp.) by 1995 c. 25, ss. 120(3), 125(3), Sch. 24 (with ss. 7(6), 115, 117)
17(1)In section 4(11) of the Environmental Protection Act 1990 (which defines “local authority” for the purposes of Part I), in paragraph (b), at the beginning insert “in England” and after “Isles of Scilly;” insert—
“(bb)in Wales, a county council or county borough council;”.
(2)In section 30 of that Act (authorities for purposes of Part II), for each of subsections (1)(f) and (2)(f) substitute—
“(f)for any county or county borough in Wales, the council of the county or county borough;”.
(3)In subsection (3) of section 30, in paragraph (a) omit “and Wales” and after paragraph (b) insert—
“(bb)for any county or county borough in Wales, the council of the county or county borough;”.
(4)In section 50(5)(a) of that Act (consultation in relation to waste disposal plans), omit sub-paragraph (iii).
(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—
“(bb)in Wales, a county council or county borough council;”.
(6)In section 86 of that Act (preliminary provisions relating to litter), in subsection (2), after paragraph (a) insert—
“(aa)a county borough council,”.
(7)In subsection (9)(b) of section 86, at the beginning insert “in England” and after “district;” insert—
“(bb)in Wales, the council of the county or county borough;”.
(8)In section 88 of that Act (fixed penalty notices for leaving litter), in subsection (9)—
(a)in paragraph (a), for “a county” substitute “ an English county ”; and
(b)in paragraph (b), immediately before “county council” insert “ English ”.
(9)In that Act, in each of—
(a)section 90(3) (litter control areas),
(b)section 92(1) (summary proceedings by litter authorities), and
(c)section 95(1) (public registers),
for “a” immediately before “county council” substitute “ an English ”, and immediately before each of “regional” and “joint” insert “ a ”.
(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 ”.
(11)In section 99(5) of that Act (provisions relating to abandoned trolleys), in paragraph (d), after “Isles of Scilly;” insert—
“(dd)in Wales, the council of a county or county borough;”.
(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—
“(bb)in Wales, a county council or county borough council;”.
(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 ”.
Valid from 01/04/1996
18E+W+SIn 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—
“(aa)in Wales, the council of a county or county borough;”.
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