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

(The document as of February, 2008)

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24 The Residuary Body shall be included among the authorities or bodies to which the following enactments apply--

(a) section 11 of the Trustee Investments Act 1961 (c. 62) (local authority investment schemes);

(b) section 28(5)(a) of the Leasehold Reform Act 1967 (c. 88) (retention or resumption of land required for public purposes);

(d) section 3(1) of the Employers' Liability (Compulsory Insurance) Act 1969 (c. 57) (employers exempted from insurance); and

(e) section 5(2) of the Rent (Agriculture) Act 1976 (c. 80) (statutory tenancies).

25 The Residuary Body shall be included among the bodies specified in--

(a) section 99(4) (directions to dispose of land) of and Schedule 16 (bodies to whom Part X applies) to the Local Government, Planning and Land Act 1980 (c. 65);

(b) section 58(1) of the Landlord and Tenant Act 1987 (c. 31) (exempt landlords and resident landlords);

(d) section 144(2)(a) of the Road Traffic Act 1988 (c. 52) (third party insurance or security: exceptions).

26 The Residuary Body shall be treated as a local authority for the purposes of the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970.

27 Paragraph 64A of Schedule 2 to the [1971 c. 56.] Pensions (Increase) Act 1971 (official pensions) shall have effect as if the reference to a residuary body established by the [1985 c. 51.] Local Government Act 1985 included a reference to the Residuary Body.

28 After paragraph (h) of section 14 of the [1977 c. 42.] Rent Act 1977 (landlord's interest belonging to local authority etc.) insert--

" (i) The Residuary Body for Wales (Corff Gweddilliol Cymru); " .

29 In section 33(9) of the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982 (enforceability of certain covenants relating to land)--

(a) in paragraph (a), after "the London Residuary Body" insert "the Residuary Body for Wales (Corff Gweddilliol Cymru)"; and

(b) in paragraph (b), after "Greater London," insert "in relation to the Residuary Body for Wales (Corff Gweddilliol Cymru) means Wales".

30 Paragraph 1 of Schedule 1 to the [1987 c. 37.] Access to Personal Files Act 1987 shall have effect as if the reference to a Housing Act local authority in the table included a reference to the Residuary Body.

31 In Part I of Schedule 1 to the [1988 c. 50.] Housing Act 1988 (tenancies which cannot be assured tenancies), after paragraph 12(1)(g) insert--

" (gg) The Residuary Body for Wales (Corff Gweddilliol Cymru); " .

32 In subsection (12) of section 252 of the planning Act (procedure for the making of orders under Part X), in the definition of "local authority", after "Housing Act 1988" insert ", the Residuary Body for Wales (Corff Gweddilliol Cymru)".

33 In section 19(3) of the [1992 c. 14.] Local Government Finance Act 1992 (exclusion of Crown exemption in certain cases), at the end add--

" (g) The Residuary Body for Wales (Corff Gweddilliol Cymru). "

SCHEDULE 14 [Section 40(4).] The Staff Commission for Wales: Comisiwn Staff Cymru

Membership

1 (1) The Commission shall consist of not less than 4 and not more than 7 members, at least one of whom shall be Welsh-speaking.

(2) The members shall be appointed by the Secretary of State.

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

(4) Subject to the provisions of this paragraph, each member shall hold and vacate office in accordance with the terms of his appointment.

(5) A person who ceases to be a member shall be eligible for re-appointment.

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

(7) The Secretary of State may remove a member from office if he is satisfied that the member--

(a) is unable or unfit to carry out the functions of a member; or

(b) has not complied with the terms of his appointment.

(8) A person shall cease to be chairman of the Commission--

(a) if he resigns by notice in writing to the Secretary of State; or

(b) if he ceases to be a member of the Commission.

Remuneration, pensions etc.

2 (1) The Commission shall pay to its members such remuneration and allowances (if any) as the Secretary of State may determine.

(2) The Commission shall--

(a) pay such pensions, allowances or gratuities to or in respect of any persons who have been or are its members as the Secretary of State may determine;

(b) make such payments as the Secretary of State may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons.

(3) If, when any member ceases to hold office, the Secretary of State determines that there are special circumstances which make it right that that member should receive compensation, the Commission shall pay to him by way of compensation such sum 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.

Staff

3 (1) The Commission shall appoint a person to act as its secretary and may appoint such other staff as it may determine.

(2) The consent of the Secretary of State is required for the appointment of any person as secretary to the Commission.

(3) The terms and conditions of appointment of any person under this paragraph shall be determined by the Commission with the consent of the Secretary of State.

(4) The Commission shall pay to its staff such remuneration, and such allowances, as the Secretary of State may determine.

(5) The Commission may--

(a) pay such pensions, allowances or gratuities to or in respect of any persons who have been or are members of its staff as the Secretary of State may determine;

(b) make such payments as the Secretary of State may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons.

(6) Any reference in sub-paragraph (5) to pensions, allowances or gratuities to or in respect of any persons includes a reference to payments by way of compensation to or in respect of any members of the Commission's staff who suffer loss of office or employment or loss or diminution of emoluments.

(7) The consent of the Treasury is required for the giving of any consent under sub-paragraph (3) or for the making of any determination under sub-paragraph (4) or (5).

Incidental powers

4 (1) Without prejudice to any powers exercisable apart from this paragraph, the Commission shall have power to do anything (whether or not involving the acquisition or disposal of any property or rights) which--

(a) is calculated to facilitate the carrying out of any of its functions; or

(b) is conducive or incidental to the carrying out of its functions.

(2) The Commission shall not by virtue of this paragraph have power to borrow money or to cause any local inquiry to be held.

(3) Where the Commission asks a public body to supply it with any information which it reasonably requires in connection with any of its functions, it shall be the duty of that body to supply the Commission with that information.

(4) The Secretary of State may give directions as to the exercise by the Commission of its powers under this paragraph.

Proceedings

5 (1) Subject to the following provisions of this Schedule, the Commission may regulate its own proceedings.

(2) The validity of any proceedings of the Commission shall not be affected by a vacancy amongst its members or by a defect in the appointment of a member, or by a contravention of paragraph 7.

Delegation of powers

6 Anything authorised or required by or under this Act to be done by the Commission may be done by--

(a) any member of the Commission, or of its staff, who has been authorised for the purpose, whether generally or specially, by the Commission; or

(b) any committee or sub-committee of the Commission which has been so authorised.

Members' interests

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

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

Application of seal and proof of instruments

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

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

Finances of the Commission

9 (1) The Secretary of State shall, in respect of each accounting year, pay to the Commission such amount as he may, with the consent of the Treasury, determine to be the amount required by the Commission for the discharge of its functions during that year.

(2) In this paragraph and paragraph 10 "accounting year" means the period beginning with the day on which the Commission is established and ending with the financial year current on that day, and each successive financial year.

Accounts

10 (1) The Commission shall--

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

(b) prepare in respect of each accounting year a statement of accounts in such form as the Secretary of State may, with the consent of the Treasury, direct.

(2) The accounts shall be audited by persons appointed for the purpose for each accounting year by the Secretary of State.

(3) A copy of any accounts audited under sub-paragraph (2) and of the report made on those accounts by the persons appointed to audit them shall be sent to the Secretary of State as soon as is reasonably practicable after the report is received by the Commission.

(4) The Secretary of State shall lay before each House of Parliament a copy of any accounts or report sent to him under this paragraph.

The Parliamentary Commissioner

11 In the [1967 c. 13.] Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), insert at the appropriate place--

" The Staff Commission for Wales (Comisiwn Staff Cymru) " .

House of Commons and Northern Ireland Assembly disqualification

12 In Part II of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (bodies of which all members are disqualified for membership of the House of Commons) and in Part II of Schedule 1 to the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified for membership of the Northern Ireland Assembly), insert at the appropriate place--

" The Staff Commission for Wales (Comisiwn Staff Cymru) " .

Winding up

13 (1) The Commission 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 three years beginning with the commencement of section 40.

(3) Subject to sub-paragraph (4), the Commission 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.

SCHEDULE 15 [Section 66(5).] Minor and Consequential Amendments of the 1972 Act

1 The 1972 Act is amended as follows.

2 For section 22(4) (which makes provision with respect to the chairmen of principal councils), substitute--

" (4) The chairman of a principal council shall have precedence in the area of that council, but not so as to affect Her Majesty's prerogative prejudicially. "

3 After section 25, insert--

" 25A Title of chairman or vice-chairman of county borough council

(1) The chairman of a county borough council is entitled to the style of "mayor" or "maer".

(2) The vice-chairman of a county borough council is entitled to the style of "deputy mayor" or "dirprwy faer". "

4 In section 30 (restriction on community applications during certain periods)--

(a) in subsection (1), omit paragraph (a) (including "or" at the end) and in paragraph (b), for "the county or district" substitute "any area";

(b) omit subsection (2);

(d) in subsection (4), for "subsections (1) and (2)" substitute "subsection (1)", for "district" substitute "area"; and

(e) in subsection (5), for "or 29" substitute ", 29 or 29A".

5 In section 31 (provisions supplementary to sections 27 to 29)--

(a) in subsection (1), for "27, 28 or 29" substitute "28, 29 or 29A"; and

(b) for "district" substitute (in both places) "principal".

6 For section 37 (establishment of new authorities in Wales), substitute--

" 37 Establishment of principal councils in Wales

Schedule 5 to this Act shall have effect with respect to the establishment of principal councils in Wales and connected matters. "

7 (1) In section 54(1) (proposals for changes in local government areas in Wales), for "district" substitute "principal" and for paragraphs (b) and (c) substitute--

" (b) the constitution of a new local government area by--

(i) amalgamating two or more principal areas or two or more communities;

(ii) aggregating parts of principal areas or parts of communities; or

(iii) separating part of a principal area or part of a community;

(cc) the abolition of a community and its distribution among other areas of the like description; " .

(2) Before section 54(2) insert--

" (1B) Where the Welsh Commission make proposals for the constitution of a new principal area, those proposals shall specify whether the new area should be a county or a county borough. "

8 (1) In section 55(1) (review of local government areas in Wales), for "counties and districts" substitute "principal areas" and for "county or district" substitute "principal area".

(2) In section 55(2)--

(a) for the words from "Upon the completion" to "whole of their district" substitute "It shall be the duty of each Welsh principal council to keep the whole of their area";

(b) for "in their district" substitute "in their area"; and

(3) In section 55(3)--

(a) for "any district" substitute "any principal area";

(b) for "that district or" substitute "that principal area or";

(d) for "that district for" substitute "that principal area for".

(4) In section 55(4)--

(a) for "one district" substitute "one principal area"; and

(b) for "districts" substitute (in both places) "principal areas".

(5) In section 55(5), for "district council" substitute "principal council", in paragraph (a) omit "(other than a community which is co-extensive with a district)" and after paragraph (e) insert--

" (f) the alteration of the boundaries of any preserved county; " .

9 (1) In section 56(2) (power of Secretary of State to direct holding of reviews)--

(a) for "the council of a district" substitute "a principal council"; and

(b) for "their district" substitute (in both places) "their area".

(2) In section 56(3)--

(a) for "any district" substitute "any principal area";

(b) for "that district" substitute (in both places) "that principal area"; and

(3) In section 56(4), for "district" substitute (in both places) "principal".

(4) In section 56(5)--

(a) for "district" substitute "principal"; and

(b) for "local government areas" substitute "any areas".

10 (1) In section 57(2) (substantive changes in electoral arrangements)--

(a) for "counties" substitute "principal areas"; and

(b) for "Schedule 10 below" substitute "section 64 of this Act (as substituted by the Local Government (Wales) Act 1994)".

(2) In section 57(4)--

(a) for "the council of each district" substitute "each principal council";

(b) for "their district" substitute "their area"; and

(3) In section 57(5) to (7), for "district" substitute (in each place) "principal".

11 (1) In section 58(1) (Commission's reports and their implementation), for "district" substitute "principal".

(2) In section 58, for subsection (4) substitute--

" (4) Any statutory instrument containing an order under this section which--

(a) alters the area of a principal council,

(b) alters the area of a preserved county, or

shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

12 In section 59 (directions about reviews)--

(a) in subsection (1), for "the council of a district" substitute "a principal council"; and

(b) in subsection (2), omit "all or any class of".

13 (1) Section 60 (procedure for reviews) is amended as follows.

(2) For "district" substitute (in each place) "Welsh principal".

(3) In subsection (4)(b), for "any principal council" substitute "the principal council and of any other principal council in Wales".

(4) In subsection (5) omit "or a district council".

(5) After subsection (5) insert--

" (5A) Where a Welsh principal council make a report, proposals or recommendations under this Part of this Act they shall--

(a) make copies of the report, proposals or recommendations available for inspection at their offices for the period mentioned in subsection (5)(b) above;

(b) take the steps mentioned in subsection (5)(a); and

(c) comply with the requirements of subsection (5)(b) above in relation to any other principal council in Wales whose area may be affected by the report, proposals or recommendations. "

(6) In subsection (6), for "(5)" substitute "(5A)".

14 In section 61 (local inquiries), for "district" substitute (in both places) "Welsh principal".

15 In section 67 (consequential and transitional provisions relating to Part IV), omit subsection (5)(f).

16 In section 69 (variation and revocation of orders made under Part IV)--

(a) in subsections (2) and (3) for "district" substitute "Welsh principal";

(b) in subsection (4), for first "district" substitute "Welsh principal" and omit second "district"; and

(c) in subsection (6), for "a county council" substitute "any predecessor of a Welsh principal council", for "new district" substitute "Welsh principal area" and for "the district" substitute "that area".

17 (1) In section 71(1) (modification of seaward boundaries), for "county" substitute (in each place) "area".

(2) At the end of section 71 add--

" (6) In subsection (1) above, "area" (except in "area of the sea") means any local government area in Wales and any preserved county.

(7) No order may be made under this section extending any area into England. "

18 In section 72(2) (accretions from the sea), omit "or community" (in both places) and after subsection (2) insert--

" (2A) Every accretion from the sea or part of the sea-shore which is annexed to and incorporated with a community under this section shall be annexed to and incorporated with the principal area and the preserved county in which that community is situated. "

19 At the end of section 73 (alteration of local boundaries consequent on alteration of water-course) add--

" (4) For the purposes of this section a preserved county is an area of local government. "

20 (1) In section 74 (change of name of local authority area), in subsection (1), after "county" insert (in both places) ", county borough".

(2) In section 74, after subsection (2) insert--

" (2A) Where a Welsh principal area which has, by charter or other grant or incorporation order, been granted the status of a county borough, city or royal borough subsequently changes the name of the council in pursuance of this section, the charter or other grant or incorporation order shall have effect as if the new name were substituted for the old. "

(3) In section 74(3) and (4), omit "or by virtue of a resolution under section 21(5) above".

(4) In section 74(4), after "county" insert ", county borough".

(5) At the end of section 74 add--

" (6) The name of a Welsh principal area shall not be changed under this section before 1st October 1996 except with the consent of the Secretary of State.

(7) If the name of a Welsh principal area is changed under this section, and there are generally accepted alternative English and Welsh forms of that name, or alternative English and Welsh names, both forms of the new name or (as the case may be) both names shall be published. "

21 (1) In section 76 (change of name of community)--

(a) in subsection (1), for "district" substitute "principal area";

(b) in subsections (2) and (3), omit "or by virtue of a resolution under section 33(2B) above"; and

(2) At the end of section 76 add--

" (4) If the name of any community is changed under this section, and there are generally accepted alternative English and Welsh forms of that name, or alternative English and Welsh names, both forms of the new name or (as the case may be) both names shall be published. "

22 In section 78(2) (electoral arrangements), after "every" insert "Welsh principal council and".

23 In section 83(1) (declaration of acceptance of office) after "county" insert ", county borough".

24 In section 91(1) (temporary appointment of members of community councils), after "district council" insert "or Welsh principal council".

25 In section 97 (removal or exclusion of disability, etc.)--

(a) in subsection (1), for first "or" substitute "council, the principal council, as respects a member of a" and omit "district" in the second and third places; and

(b) in subsections (2) and (3), omit "district".

26 (1) Section 101 (arrangements for discharge of functions) is amended as follows.

(2) After subsection (7) insert--

" (7A) Subsection (7) above does not apply to arrangements as between principal councils in Wales. "

(3) After subsection (10) insert--

" (10A) In determining what arrangements to make for the discharge of any functions, a principal council in Wales may act as if paragraph (f) were omitted from subsection (9) above. "

27 In section 103 (expenses of joint committees), in paragraph (a), for "or communities or groups of parishes or communities" substitute "or groups of parishes" and after "council" insert--

" (aa) in any case in which those authorities are the councils of communities or groups of communities situated in the same principal area, by the council of that area; " .

28 In section 125 (compulsory acquisition of land on behalf of community council) at the end add--

" (8) In relation to Wales--

(a) references in this section to a district council are to be read as references to a principal council; and

(b) references to a district are to be read as references to a principal area. "

29 In section 134(2) (use of schoolrooms etc. in community), in paragraph (c), for "county council or district council" substitute "principal council".

30 In section 137 (power of local authorities to incur expenditure for certain purposes not otherwise authorised), after subsection (4B) insert--

" (4C) In relation to Wales, subsection (4AA) above shall have effect with the following substituted for paragraphs (a) and (b)--

" (a) the sum appropriate to a principal council is £3.80; " . "

31 In section 140B (insurance of voluntary assistants of probation committees), at the end add--

" (3) In relation to Wales--

(a) subsections (1) and (2)(a) above shall have effect as if they referred to a principal council; and

(b) subsection (2)(a) above shall have effect as if it referred to the area of the principal council. "

32 In section 141 (research and collection of information), at the end add--

" (3) This section shall have effect in relation to Wales--

(a) as if any reference to a council were a reference to a principal council; and

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