Local Government (Wales) Act 1994 (c. 19)

(The document as of February, 2008)

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" (5) Subsection (2) above has effect in relation to Wales with the omission of "other than the council of a non-metropolitan district". "

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

(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".

(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".

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

(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".

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

(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".

(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".

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

Part III Coast Protection

The Coast Protection Act 1949 (c. 74)

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)".

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

(a) in subsection (1), omit "or Wales";

(b) in subsection (4), omit "or Wales";

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

(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".

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

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

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

SCHEDULE 12 [Section 38(11).] Funds

The 1972 Act

1 In section 148 of the 1972 Act (principal councils' funds and accounts) at the end add--

" (6) This section does not apply in relation to a Welsh county council or county borough council. "

The Local Government Finance Act 1988 (c. 41)

2 After section 89 of the Local Government Finance Act 1988 insert--

" 89A Principal councils in Wales

This Part does not apply to a Welsh county council or county borough council (for whom provision as to the establishment of a council fund is made by section 38 of the Local Government (Wales) Act 1994). "

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

" (aa) a county borough council, " .

The Local Government Finance Act 1992 (c. 14)

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

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

(3) After subsection (3) insert--

" (3A) In the case of any billing authority in Wales, subsection (3)(a) above does not require the estimation of sums payable into their council fund in respect of council tax or non-domestic rates. "

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

(5) After subsection (8) insert--

" (8A) Subsections (2)(e), (3)(b), (7)(a)(ii) and (8) above do not apply in relation to a Welsh county council or county borough council.

(8B) Subsection (5) above shall have effect in relation to a Welsh county council or county borough council as if for paragraphs (a) and (b) there were substituted--

" (a) payments which must be met from a trust fund;

(b) payments to be made to the Secretary of State under paragraph 5 of Schedule 8 to the 1988 Act or regulations made under paragraph 5(15) of that Schedule;

(c) payments to be made in respect of the amount of any precept issued by a major precepting authority under Part I of this Act (but not payments to be so made in respect of interest on such an amount); and

(d) payments to be made to another person in repaying, under regulations under the 1988 Act or Part I of this Act, excess receipts by way of non-domestic rates or council tax. " "

(6) In subsection (9)(b), for "(8)" substitute "(8B)".

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

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

(3) At the end of subsection (3), insert--

" This subsection does not apply in relation to a Welsh county council or county borough council. "

6 In section 35 of that Act (definition of "special items"), at the end add--

" (4) Subsection (2) above shall have effect in relation to a Welsh county council or county borough council as if for paragraphs (b) and (c) there were substituted--

" (b) any expenses incurred by a billing authority and arising in connection with property which it holds in trust for a part of its area are its special expenses;

(c) any expenses incurred by a billing authority which relate to a part of its area and which are of the same kind as expenses which--

(i) relate to another part of its area; and

(ii) are to be met out of property held in trust for that part;

are its special expenses; " .

(5) Expenses of a billing authority are not to be treated as its special expenses for the purposes of subsection (1) above if they are expenses of meeting a levy issued to it by, or anticipated by it from--

(a) a Welsh joint planning board constituted under section 2(1B) of the [1990 c. 8.] Town and Country Planning Act 1990 for a united district which comprises or includes the whole or part of the area of a National Park; or

(b) a special planning board constituted under paragraph 3A of Schedule 17 to the [1972 c. 70.] Local Government Act 1972. "

7 In sections 37 and 60 of that Act (substitute calculations), in each case in subsection (5)(a), after "general fund" insert "or (as the case may be) council fund".

8 In section 62 of that Act (failure to make substitute calculations), at the end add--

" (5) Subsection (2) above does not apply in relation to a Welsh county council or county borough council. "

SCHEDULE 13 [Section 39] The Residuary Body for Wales: Corff Gweddilliol Cymru

Membership

1 (1) The Residuary Body shall consist of not less than 4 nor more than 7 members appointed by the Secretary of State.

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

(3) The Secretary of State may by order alter either of the numbers in sub-paragraph (1).

Status

2 The Residuary Body and its members and staff are not Crown servants and are not to be regarded as acting on behalf of the Crown.

Tenure of office of members

3 (1) Every member of the Residuary Body shall hold and vacate office in accordance with the terms of his appointment but subject to the following provisions of this paragraph.

(2) Any member may resign his office by notice in writing to the Secretary of State.

(3) The Secretary of State may remove a member from office if that member--

(a) has become bankrupt or made an arrangement with his creditors;

(b) is incapacitated by physical or mental illness;

(c) has been absent from meetings of the Residuary Body for a period of three months otherwise than for a reason approved by it; or

(d) is, in the opinion of the Secretary of State, otherwise unable or unfit to discharge the functions of a member.

(4) A person shall cease to be chairman of the Residuary Body if he--

(a) resigns as such by notice in writing to the Secretary of State; or

(b) ceases to be a member of the Residuary Body.

Remuneration etc. of members

4 (1) The Residuary Body shall pay to each member such remuneration and allowances (if any) as the Secretary of State may determine.

(2) The Residuary Body shall pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities, to or in respect of such members as the Secretary of State may determine.

(3) Where a person ceases to be a member otherwise than on the expiration of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Residuary Body shall pay as compensation to that person such amount as the Secretary of State may determine.

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

House of Commons and Northern Ireland Assembly disqualification

5 In Part III of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 and Part III of Schedule 1 to the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices) insert, at the appropriate place--

" Any member of the Residuary Body for Wales (Corff Gweddilliol Cymru) in receipt of remuneration. "

Proceedings

6 (1) Subject to the provisions of this paragraph and paragraph 12(1), the Residuary Body shall regulate its own proceedings.

(2) The validity of any proceedings of the Residuary Body shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members.

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

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

Application of seal and proof of instruments

7 (1) The application of the seal of the Residuary Body shall be authenticated by the signature of any member of the Residuary Body, or of its staff, who has been authorised by the Residuary Body, whether generally or specially, for the purpose.

(2) Any document purporting to be a document duly executed under the seal of the Residuary Body shall be received in evidence and shall, unless the contrary is proved, be deemed to have been so executed.

Access to documents

8 (1) Any person authorised in that behalf by the Residuary Body shall be entitled on producing, if so required, evidence of his authority--

(a) at all reasonable times to inspect and make copies of any document belonging to or under the control of any authority or body whose staff, assets, rights or liabilities are affected by any provision made by or under this Act ; and

(b) to require copies of any such documents to be delivered to him.

(2) In this paragraph "document" includes any record of information and, where the record is not in legible form, the rights conferred by sub-paragraph (1) 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.

(3) References in this paragraph to copies of a document include references to copies of any part of it.

Giving of advice to Secretary of State

9 The Residuary Body--

(a) may from time to time give such advice to the Secretary of State with respect to the exercise by him of his powers under section 54(2)(c) as it considers appropriate; and

(b) shall give to the Secretary of State advice on such matters connected with the exercise of those powers as he may specify.

Reports and information

10 (1) The Residuary Body shall--

(a) publish an annual report on the discharge of its functions;

(b) send a copy of every such report to the Secretary of State; and

(2) The Secretary of State shall lay before each House of Parliament a copy of any report sent to him under sub-paragraph (1).

(3) For the purposes of sub-paragraph (1)(c), the Residuary Body shall--

(a) permit any person authorised by the Secretary of State to inspect and make copies of--

(i) any part of the accounts of the Residuary Body; or

(ii) any document in the possession of the Residuary Body, or any part of such a document; and

(b) provide such explanation of the accounts or document as that person or the Secretary of State may require.

(4) In this paragraph "document" has the same meaning as in paragraph 8.

Acquisitions and disposals

11 (1) On 1st April 1996 all property, rights and liabilities of the old authorities, in respect of which provision is not otherwise made by or under this Act as to vesting, shall, by virtue of this paragraph, vest in the Residuary Body.

(2) This paragraph shall not be construed--

(a) as continuing in force any contract of employment made by an old authority, or

(b) as imposing any liability on the Residuary Body in respect of the termination of any such contract by the abolition of an old authority,

but the rights and liabilities to which this paragraph applies shall include any rights and liabilities attributable to anything done or omitted under or in respect of such a contract before 1st April 1996 except any liability to make a payment which is prohibited by section 43(2).

(3) The Residuary Body may, with the consent of the Secretary of State, acquire by agreement any land or additional land required by it for carrying out its functions.

(4) The Residuary Body--

(a) may dispose of any land held by it in such manner as it considers appropriate, and

(b) shall dispose of any land which is not required by it for the carrying out of its functions,

subject to the same restrictions as those imposed by section 123(2) and (2A) of the 1972 Act (disposal of land of principal councils) in the case of disposals by a principal council under section 123(1) of that Act and any other restrictions imposed by or under this Act.

Power of Secretary of State to give directions

12 (1) The Residuary Body shall exercise its functions subject to such directions as the Secretary of State may from time to time give to it.

(2) No transaction entered into by the Residuary Body in the exercise of its functions shall be invalid by reason only of a failure to comply with any direction given under this paragraph.

(3) The Secretary of State shall publish any directions given by him under this paragraph.

Application of receipts

13 (1) Any sum received by the Residuary Body (together with any accrued interest) which would be treated as a capital receipt for the purposes of section 58 of the [1989 c. 42.] Local Government and Housing Act 1989 if received by a local authority shall be paid--

(a) to such new principal council, or

(b) to such new principal councils, in such proportions,

as the Secretary of State may direct.

(2) Any sum received by a principal council under sub-paragraph (1) shall be treated as a capital receipt for the purposes of section 58 of the Act of 1989.

(3) Any direction under this paragraph may be given so as to operate generally in relation to all cases or descriptions of case or in relation to a particular case.

Funding

14 For the purposes of section 74 of the [1988 c. 41.] Local Government Finance Act 1988 (power to make regulations authorising a levying body to issue a levy) the Residuary Body shall be treated as a levying body with respect to which regulations may be made under subsection (2) of that section.

Accounts

15 (1) The Residuary Body shall--

(a) keep proper accounts;

(b) keep proper records in relation to the accounts; and

(2) The statement shall comply with any directions given by the Secretary of State with the consent of the Treasury, as to--

(a) the information to be contained in the statement;

(b) the manner in which the information is to be presented;

(3) Without prejudice to paragraph 12, the Secretary of State may give directions to the Residuary Body requiring it--

(a) to keep accounts in respect of such matters, and records relating to them, as may be specified in the directions, and

(b) to apply such methods and principles as may be so specified with respect to any accounts or records kept by the Residuary Body.

Audit

16 (1) The accounts of the Residuary Body shall be included among those which are required to be audited in accordance with Part III of the [1982 c. 32.] Local Government Finance Act 1982 and, subject to sub-paragraph (2), that Part shall accordingly have effect in relation to the Residuary Body and its accounts.

(2) Sections 15(1)(a), 17, 19, 20, 22, 23 and 24 of that Act shall not apply in relation to the Residuary Body or its accounts.

(3) At each audit of the accounts of the Residuary Body under Part III of the Act of 1982, any local government elector for any area to which the accounts to be audited relate may inspect those accounts and all books, deeds, contracts, bills, vouchers and receipts relating to them and make copies of all or any part of the accounts and those other documents.

(4) At the request of any such local government elector, the auditor shall give the elector, or any representative of the elector, an opportunity to question him about those accounts or to draw his attention to any matter on which he could make a report under section 15(3) of the Act of 1982.

(5) As soon as the audit of the accounts of the Residuary Body has been concluded, a copy of--

(a) any statement prepared for the accounting year in question under paragraph 15(1), and

(b) any report made by the auditor on the statement or on the accounts,

shall be sent by the Residuary Body to the Secretary of State.

(6) The Secretary of State shall lay a copy of the statement and report before each House of Parliament.

(7) Any person, on applying to the Residuary Body, shall be entitled--

(a) to inspect and make copies of any statement prepared by it under paragraph 15(1) and any report made by an auditor on the statement or on its accounts; and

(b) to be supplied with copies of any such statement or report on payment of such reasonable sum as the Residuary Body may determine.

(8) Any document which a person is entitled to inspect under sub-paragraph (3) or (7) may be inspected by him at all reasonable times and without payment.

Parliamentary supervision

17 The Residuary Body shall be included among the authorities to which the [1967 c. 13.] Parliamentary Commissioner Act 1967 applies.

Winding up

18 (1) Except as respects any of its functions for the discharge of which provision will be required, or is likely to be required, after the end of the transitional period, the Residuary Body 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.

(2) In this paragraph "the transitional period" means the period of five years beginning with the establishment of the Residuary Body.

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

(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.

(5) The Residuary Body shall--

(a) not later than the end of the period of four years beginning with its establishment, or

(b) where it proposes to complete its work before the end of the transitional period, not later than one year before the proposed date of completion, or

(c) where under sub-paragraph (4) the transitional period is extended, not later than one year before the end of the extended period,

submit to the Secretary of State a scheme for winding it up and disposing of its remaining functions, property, rights and liabilities.

(6) The Residuary Body shall as respects--

(a) any of its functions for the discharge of which provision will be or is likely to be required after the end of the transitional period,

(b) any property held by it for the purposes of any such functions, and

make such arrangements as are practicable for their transfer to another body or bodies or submit proposals to the Secretary of State for effecting such transfers by orders made by him in that behalf.

(7) The Secretary of State may by order provide--

(a) for any such transfer or disposal as is mentioned in sub-paragraph (5) or (6), whether as proposed by the Residuary Body or as modified by the Secretary of State; and

(b) for giving effect (with or without modifications) to any scheme submitted to him under sub-paragraph (5).

(8) In making any supplemental or transitional provision in an order under sub-paragraph (7), the Secretary of State may include provision amending any enactment or any instrument made under any enactment.

Application of other enactments

19 The Residuary Body shall be treated as a local authority or (as the case may be) as a principal council for the purposes of the following provisions of the 1972 Act--

(a) section 111(1) and (3) (subsidiary powers);

(b) sections 112 to 115 and 117 to 119 (staff);

(d) section 140, 140A and 140C (insurance of members etc.);

(e) section 146 (transfer of securities);

(f) section 223 (appearance in legal proceedings);

(g) sections 224, 225 and 229 to 233 (documents); and

(h) section 239, so far as it relates to opposing a local or personal Bill in Parliament but without the procedural requirements in subsection (2).

20 The Residuary Body shall be treated as a local authority for the purposes of--

(a) the Landlord and Tenant Act 1954 (c. 56);

(b) the Caravan Sites and Control of Development Act 1960 (c. 62);

(d) section 13(7)(f) of the Employment Agencies Act 1973 (c. 35) (circumstances in which Act does not apply);

(e) section 28 of the Health and Safety at Work etc. Act 1974 (c. 37) (restrictions on disclosure of information);

(f) sections 30 (repayment of advances of remuneration), 38 (use of spare capacity) and 41 (resolutions, minutes, etc.) of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57);

(g) section 71 of the Race Relations Act 1976 (c. 74) (general statutory duty of local authorities);

(h) section 64 of the Justices of the Peace Act 1979 (c. 55) (disqualification in certain cases of justices who are members of local authorities);

(i) section 41 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (lost property etc.);

(j) paragraph 7 of Schedule 1 to the Stock Transfer Act 1982 (c. 41) (specified securities);

(k) section 60 of the County Courts Act 1984 (c. 28) (rights of audience);

(l) sections 84(5)(b) (agreements to indemnify certain lenders) and 85(4) (meaning of "relevant advance") of the Housing Associations Act 1985 (c. 69);

(m) sections 7 (transfer of local authority mortgages) and 9 (interpretation etc.) of the Local Government Act 1986 (c. 10); and

(n) section 157 of the Local Government and Housing Act 1989 (c. 42) (periodic payment of grants).

21 The Residuary Body shall be treated as a local authority for the purposes of the following provisions of the [1985 c. 68.] Housing Act 1985--

(a) sections 43 and 44 (consent required for certain disposals of houses);

(b) sections 45 to 51 (restrictions on recovery of service charges after disposal of house);

(d) sections 442 (so far as relates to agreements within subsection (1)(b)) and 443 (local authority contributions to mortgage costs); and

(e) Part XVI (assistance for owners of defective premises disposed of by local authorities and others).

22 The Residuary Body shall be treated as a housing authority for the purposes of sections 444, 452 and 453 of the Housing Act 1985 (provision in connection with local authority mortgages).

23 The Residuary Body shall be treated as a local authority for the purposes of the following provisions of the [1985 c. 70.] Landlord and Tenant Act 1985--

(a) section 14(4) (exclusion of implied repairing obligation);

(b) sections 18 to 30 (service charges); and

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