The Residuary Body for Wales (Miscellaneous Provisions) Order 1995

Statutory Instruments

1995 No. 102

LOCAL GOVERNMENT, ENGLAND AND WALES

The Residuary Body for Wales (Miscellaneous Provisions) Order 1995

Made

18th January 1995

Laid before Parliament

20th January 1995

Coming into force

1st February 1995

The Secretary of State for Wales, in exercise of the powers conferred on him by sections 54(1) and (2)(e) and 63(5) of the Local Government (Wales) Act 1994(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

1.  This Order may be cited as the Residuary Body for Wales (Miscellaneous Provisions) Order 1995 and shall come into force on 1st February 1995.

2.  In this Order—

“the Residuary Body” means the Residuary Body for Wales or Corff Gweddilliol Cymru established under section 39 of the Local Government (Wales) Act 1994(2)

3.  Section 1(8) of the Local Government Act 1992(3) shall have effect as if the Residuary Body were included therein as a body which is not a relevant body for the purposes of sections 1 to 3 of that Act.

4.  The Residuary Body shall be treated as a local authority for the purposes of section 842A of the Income and Corporation Taxes Act 1988(4)

5.—(1) The Local Authorities (Capital Finance) Regulations 1990(5) ( “the 1990 Regulations”) shall apply to the Residuary Body as if all its provisions were omitted except for the following provisions:—

Regulation 1	(Citation, commencement and interpretation);
Regulation 2(1), (2), (3), (5), (6), (7) and (8)	(Expenditure to be expenditure for capital purposes);
Regulation 5	(Interpretation (Credit arrangements));
Regulation 6	(Leases and contracts which are not credit arrangements);
Regulation 7	(Initial and subsequent cost of leases);
Regulation 8	(Variation of credit arrangements);
Regulation 22	(Excluded credit arrangements);
Regulation 27	(Interpretation of Part IV of the Local Government and Housing Act 1989(6)).

(2) Regulation 27 of the 1990 Regulations shall have effect in relation to the Residuary Body as if in paragraph (1) after sub-paragraph (e) there were inserted the following sub-paragraph–

“(f) paragraph 11(1) of Schedule 13 to the Local Government (Wales) Act 1994, or an Order made under section 54 of that Act.”.

Signed by authority of the Secretary of State for Wales.

Gwilym Jones

Parliamentary Under Secretary of State Welsh Office

18th January 1995

Explanatory Note

(This note is not part of the Order)

Part I of the Local Government Act 1992 provides, amongst other things, for the publication by certain bodies of information as to standards of performance. Article 3 of this Order modifies the application of sections 1 to 3 of that Act by treating the Residuary Body for Wales as a body to which those sections do not apply.

Article 4 of the Order has effect to treat the Residuary Body as a local authority for the purposes of section 842A of the Income and Corporation Taxes Act 1988.

Article 5 of the Order applies certain provisions of the Local Authorities (Capital Finance) Regulations 1990 to the Residuary Body.

(1)

1994 c. 19.

(2)

The day appointed for the establishment of the Residuary Body for Wales (Corff Gweddilliol Cymru) is 1st February 1995 by virtue of the Residuary Body for Wales (Appointed Day) Order 1995 (S.I. 1995/103 (c.5)).

(3)

1992 c. 19.

(4)

1988 c. 1.

(5)

S.I. 1990/432; relevant amending instruments are S.I. 1991/500, 1992/1618, 1992/3257 and 1993/3054. By virtue of the Residuary Body for Wales (Capital Finance) Regulations 1995 (S.I. 1995/101), the Residuary Body is prescribed as a local authority for the purposes of Part IV of the Local Government and Housing Act 1989 (c. 42) as modified. S.I. 1990/432 therefore applies to the body, subject to the provisions of Article 5.

(6)

1989 c. 42.