The Local Government (Wales) Act 1994 (Commencement No. 3) Order 1995

8.—(1) In relation to the commencement of paragraph 68(6) of Schedule 16 to the 1994 Act, the power contained in section 31(1A) of the 1983 Act for the division of an electoral division into polling districts shall, for the 1995 ordinary elections, be exercisable by the existing council which appointed the returning officer for the area in question(1).

(2) In relation to the commencement of paragraph 68(8) of Schedule 16 to the 1994 Act, the references in section 36(3AB) of the 1983 Act to elections to fill casual vacancies shall not apply in respect of casual vacancies occurring prior to 1st April 1996.

(3) In relation to the commencement of paragraph 68(16) of Schedule 16 to the 1994 Act—

(a) the provision in section 36(6) of the 1983 Act whereby a council for a local government area other than a community may be required to advance expenses in relation to an election shall, for the 1995 ordinary elections, apply to the existing council which appointed the returning officer for the area in question;

(b) the reference in regulation 96(2) of the Representation of the People Regulations 1986(2) to the proper officer of the local authority for which the election was held shall, in relation to the 1995 ordinary elections, be construed as a reference to the person who is deemed to be the proper officer of that authority under paragraph 4 of Schedule 5 to the 1972 Act(3) and any documents held by a person in accordance with this provision shall be transferred by him to the custody of the proper officer of the new principal council upon the appointment of that officer;

(c) the references in Parts IV and V of Schedule 2 to the Local Elections (Principal Areas) Rules 1986(4) to the proper officer of the council for which the election is held shall, in relation to the 1995 ordinary elections and until such officer is duly appointed, be construed as references to the person who is deemed to be the proper officer of that council under paragraph 4 of Schedule 5 to the 1972 Act, and any documents held by a person in accordance with this provision shall be transferred by him to the custody of the proper officer of the new principal council upon the appointment of that officer.

(4) In relation to the commencement of section 17 of the 1994 Act, the provision in paragraph (1) of rule 4 in Schedule 2 to the Local Elections (Principal Areas) Rules 1986, whereby nomination papers are to be delivered at the offices of the council of the district in which the electoral area wholly or mainly lies shall, for the 1995 ordinary elections, be construed as requiring such nomination papers to be delivered at the offices of the existing council which nominated the returning officer for the new principal area.

(1)

See S.I. 1995/151: the Returning Officers (Principal Areas: Wales) Order 1995 which designates certain existing councils to appoint returning officers for the 1995 ordinary elections of councillors for the new principal areas.

(2)

Regulation 96(2) was amended by S.I. 1990/520: the Representation of the People (Amendment) Regulations 1990.

(3)

Schedule 5 to the 1972 Act was substituted by Section 3 of, and Schedule 3 to, the 1994 Act.

(4)

Rule 46 in Part V was amended by S.I. 1990/158; the Local Elections (Principal Areas) (Amendment) Rules 1990.