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

(The document as of February, 2008)

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

(b) as if any reference to a county were a reference to a principal area. "

33 In section 146 (transfer of securities on alteration of area etc.), after subsection (1) insert--

" (1A) In relation to Wales, subsection (1)(b) above shall have effect as if the reference to a county council were a reference to a principal council. "

34 In section 150(3) (expenses of community meetings where there is no community council), for "district" substitute "principal area".

35 In section 180(1) (local authorities and sanitary authorities for certain enactments relating to public health), after paragraph (d) insert--

" (e) for a Welsh county or county borough, be the county council or county borough council; " .

36 In section 181 (water and sewerage)--

(a) in subsection (1), add at the end "and for any principal area in Wales, be the principal council"; and

(b) in subsection (2), at the end add "except that for any area in Wales it shall be the principal council".

37 In section 187(3) (notices deterring public use of footpaths) after "district council" insert "or, where they are not the highway authority, a Welsh principal council".

38 In section 189(3) (town and village greens etc.)--

(a) in paragraph (c), after "district" insert "or Welsh principal area"; and

(b) in the words following that paragraph, after "district" insert "or (as the case may be) area".

39 In section 191 (ordnance survey)--

(a) in subsection (2), after "district council" insert "(or, in Wales, a principal council)";

(b) in subsection (4)(a), after "require" insert "(or, in Wales, the principal council)";

(d) in subsection (5), after "any" insert "preserved county or".

40 In section 195 (social services)--

(a) in subsection (2) after first "county" insert "in England"; and

(b) in subsection (3) omit "as amended by subsection (1) above".

41 (1) Section 204 (licensing) is amended as follows.

(2) In subsection (1)--

(a) for "districts" substitute "principal areas";

(b) for "district" substitute, in both places, "area";

(d) for "April 1, 1974" substitute "1st April 1996".

(3) In subsection (2), after "shall" insert "(except in relation to Wales)".

(4) In subsection (3), after "council" insert "or, in Wales, of the principal council".

42 Omit section 207 (public libraries and museums in Wales).

43 In section 213(1) (local licence duties), omit "and Wales" and at the end add "and, in Wales, be vested in the principal councils".

44 In section 214(1) (cemeteries and crematoria) after "councils of" insert "Welsh counties, county boroughs".

45 (1) Section 215 (maintenance of closed churchyard) is amended as follows.

(2) In subsection (2)(c) for "district" substitute "county or county borough".

(3) In subsection (3)--

(a) for first "district" substitute "district, Welsh county or (as the case may be) county borough"; and

(b) for "council of the district" substitute "local authority to whom the notice is given".

46 In section 225 (deposit of documents with proper officer of authority), in subsection (2) for "district council" substitute "principal council".

47 (1) Section 226 (custody of community documents) is amended as follows.

(2) In subsections (1) and (3)(c), for "district council" substitute "principal council".

(3) In subsection (4), after "if the area is in" insert "Wales or in".

(4) In subsection (5), omit "or community council" (in both places).

(5) At the end add--

" (6) Subsection (5) above shall also apply in relation to community councils but as if the functions conferred by it were functions of the principal council. "

48 In section 227 (provision of depositories for community documents), in both subsections (1) and (2), omit third "or community" and after "is situated" insert "or the council of the principal area in which the community is situated".

49 In section 235 (power of councils to make byelaws for good rule and government and suppression of nuisances), in subsection (1) after first "district" insert "the council of a principal area in Wales" and after second "district" insert "principal area".

50 In section 236 (procedure etc. for byelaws), in subsection (9), after "district council" insert "or in Wales of a principal council" and after subsection (10) insert--

" (10A) Subsection (10) above does not apply to a principal council in Wales. "

51 In section 245 (status of communities)--

(a) in subsections (6) to (9) omit "or community" (in each place);

(b) in subsection (6) omit "or a community meeting"; and

52 (1) Section 246 (powers, privileges and rights in relation to former cities and boroughs) is amended as follows.

(2) After subsection (2) insert--

" (2A) Any powers to appoint local officers of dignity exercisable immediately before 1st April 1996 in relation to any area by the council of a district in Wales by virtue of a charter granted under section 245 above shall, on and after that date, be exercisable in relation to that area by the council of the principal area in which, on that date, that area becomes comprised.

(2B) Where on 1st April 1996 that area becomes comprised partly in each of two or more principal areas, those powers shall be exercised on and after that date by such of the councils of those principal areas as may be agreed between them, or, in default of agreement, as the Secretary of State may designate. "

(3) In subsection (6), after first "subject to" insert "subsection (2A) above,".

53 In section 247 (transfer of armorial bearings from old to new authorities), at the end add--

" (3) Subsections (1) and (2) above also apply in relation to new principal councils in Wales and authorities which ceased to exist as a result of the Local Government (Wales) Act 1994 but as if the reference to April 1, 1974 were a reference to 1st April 1996. "

54 In section 248 (freemen and inhabitants of pre-1974 boroughs), at the end add--

" (6) This section shall have effect in relation to Wales as if--

(a) in subsections (2) and (3) the references to the relevant district council were references to the relevant principal council; and

(b) in subsection (2) the reference to the council of the district were a reference to the council of the principal area. "

55 In section 249 (honorary aldermen and freemen), after subsection (6) insert--

" (7) A principal council in Wales may, by such a resolution as is required by subsection (5) above, admit to be honorary freemen of the county or county borough persons of distinction and persons who have, in the opinion of the council, rendered eminent services to the county or county borough.

(8) The admission of a person to be an honorary freeman under subsection (7) above shall not confer on him any such rights as are referred to in section 248(4) above.

(9) A principal council in Wales shall, in relation to any person on whom they have conferred the title of honorary alderman or whom they have admitted to be an honorary freeman, have the same powers as are conferred by subsection (6) above. "

56 In section 255(1) (transfer of officers), for "27, 28 or 29" substitute "28, 29 or 29A".

57 In section 270(1) (interpretation), in the definition of "new", after "Act" add "including one established by virtue of any provision of the Local Government (Wales) Act 1994".

58 In Schedule 4 (local government areas in Wales), omit Part IV.

59 In Schedule 8 (constitution and proceedings of the Welsh Commission), in paragraph 8--

(a) at the end of paragraph (b) add ", and"; and

(b) omit paragraph (d) and the word "and" immediately before it.

60 Omit Schedule 10 (initial reviews in Wales).

61 In Schedule 11 (rules to be observed in considering electoral arrangements), in paragraph 3(2)(b) and (c), omit the words "or community" (in each place).

62 In paragraph 35 (1) of Schedule 12 (minutes of proceedings of community meeting), for "district" substitute "principal area".

63 In paragraph 28 of Schedule 14 (consent of highway authority required in connection with functions relating to clocks, drinking fountains etc.) after "district council" insert "or, where they are not the highway authority, the council of a Welsh principal area".

64 In paragraph 55 of Schedule 16 (applications for certificates of appropriate alternative development)--

(a) in sub-paragraph (1), for "Elsewhere" substitute "In England, elsewhere"; and

(b) in sub-paragraph (2), after "National Park" insert "in England but".

65 (1) Schedule 26 (cemeteries and crematoria) is amended as follows.

(2) In paragraph 4, in paragraph (a) omit "or communities" in both places, and after paragraph (a) insert--

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

(3) In paragraph 7, after "district council" insert "or Welsh principal council" and after second "district" insert "or Welsh principal area".

(4) In paragraph 8, after "district council" insert "or Welsh principal council" and after second "district" insert "or (as the case may be) principal area".

(5) In paragraph 11, in sub-paragraph (1) omit "or community" and after that sub-paragraph insert--

" (1A) Subject to the provisions of any order made under section 214(3) above, a Welsh principal council may make byelaws with respect to the management of any cemetery provided by them and a community council may adopt for any cemetery provided by them any byelaws made under this paragraph by the principal council and duly confirmed. "

66 In paragraph 20 of Schedule 29 (certificates under Schedule 3 to the Gas Act 1965), after sub-paragraph (2) insert--

" (3) Sub-paragraph (2) above does not apply in relation to Wales. "

SCHEDULE 16 [Section 66(6).] Other Consequential Amendments

The Burial Act 1859 (c. 1)

1 In section 1 of the Burial Act 1859 (failure to comply with Order in Council) after "City of London" insert "or Welsh county council or county borough council".

The Game Licences Act 1860 (c. 90)

2 In section 14 of the Game Licences Act 1860 (obligations of persons licensed to deal in game) the words "from the justices of the peace" shall cease to have effect.

The Explosives Act 1875 (c. 17)

3 In subsection (3) of section 67 of the Explosives Act 1875 (definition of local authority), after "a county" insert "or county borough".

The Finance Act 1908 (c. 16)

4 In section 6 of the Finance Act 1908 (collection by local authorities of duties on game licences)--

(a) in subsection (1), omit "and Wales" and at the end add "and in Wales be vested in the councils of counties and county boroughs"; and

(b) in subsection (2), omit "district" and after "1st April 1974" add "or, in relation to Wales, to a council having power to levy those duties after 1st April 1996".

The Commons Act 1908 (c. 44)

5 In section 1 of the Commons Act 1908 (power of making regulations as to the turning out of entire animals on commons), in subsection (3), after "county" insert ", county borough".

The Welsh Church Act 1914 (c. 91)

6 In section 19 of the Welsh Church Act 1914 (application of residue of property)--

(a) in subsection (1)(a), for the words from "The property" to "council either" substitute "Property vested in a Welsh county council or county borough council by virtue of a designation made under section 50 of the Local Government (Wales) Act 1994 shall be applied, in accordance with one or more schemes made by a Welsh county council or county borough council either"; and

(b) in subsection (1)(b), after "county" insert "or county borough".

The Law of Property Act 1925 (c. 20)

7 (1) In section 193 of the Law of Property Act 1925 (rights of the public over commons and waste lands), in subsection (1)(d)(ii), after "county" insert ", county borough".

(2) In section 194 of that Act (restrictions on inclosure of commons)--

(a) in subsection (2), after second "county" insert "or county borough"; and

(b) in subsection (3)(b), after "county" insert ", county borough".

The Education Act 1944 (c. 31)

8 In section 54 of the Education Act 1944 (power to ensure cleanliness), at the end add--

" (9) Subsection (4) above has effect in relation to Wales as if the words from "and where" to the end were omitted. "

The Requisitioned Land and War Works Act 1945 (c. 43)

9 In section 59(1) of the Requisitioned Land and War Works Act 1945, in the definition of "local authority" at the end add "but in relation to Wales means a county or county borough".

The Fire Services Act 1947 (c. 41)

10 (1) In section 8 of the Fire Services Act 1947 (constitution and powers of fire authorities constituted under combination schemes)--

(a) in subsection (3), after "counties" insert "or, in Wales, counties or county boroughs"; and

(b) in subsection (4), after "county" insert "or, in Wales, of a county or county borough".

(2) In section 9 of that Act (amendment and revocation of combination schemes)--

(a) in subsection (2)(a), after "counties" insert "or, in Wales, counties or county boroughs"; and

(b) in subsection (4), after "county" insert "or, in Wales, of any county or county borough".

(3) In section 11 of that Act (adaptation of local Acts relating to fire services), in subsection (1), after "county" insert "or, in Wales, the county or county borough".

The Shops Act 1950 (c. 28)

11 In section 73 of the Shops Act 1950 (local authorities), in subsection (1), after "the borough;" insert "as respects any county or county borough in Wales, the council of that area;".

The Registration Service Act 1953 (c. 37)

12 In section 21 of the Registration Service Act 1953 (interpretation), in subsection (2)(b), at the end add "and any reference to a non-metropolitan county includes a reference to a county borough".

The Trading Representations (Disabled Persons) Act 1958 (c. 49)

13 In section 1(5) of the Trading Representations (Disabled Persons) Act 1958 (definition of "local authority" for purposes of registration of sellers of certain goods), after "means" insert ", in relation to England," and after "City of London," insert "in relation to Wales, the council of a county or county borough,".

The Opencast Coal Act 1958 (c. 69)

14 In section 15A of the Opencast Coal Act 1958 (suspension of public rights of way), in subsection (5)(a), in sub-paragraph (i) omit "and Wales" and "or community", and after "meeting;" insert--

" (ia) in Wales, the county council or county borough council, and any community council " .

The Weeds Act 1959 (c. 54)

15 In section 5 of the Weeds Act 1959 (exercise of powers by local authority), after "county" insert ", county borough" (in both places).

The Caravan Sites and Control of Development Act 1960 (c. 62)

16 (1) In section 23 of the Caravan Sites and Control of Development Act 1960 (power to prohibit caravans on commons), at the end add--

" (9) This section and the Second Schedule to this Act shall apply in relation to land in Wales as if for every reference to a district council or to the district council (however expressed), or which falls to be construed as such a reference, there were substituted a reference to a Welsh county council or county borough council or (as the case may be) the Welsh county council or county borough council. "

(2) In section 24(8) of that Act (local authorities who have power to provide sites for caravans), after "county" insert "in England" and omit "constituted under section four of the Act of 1947".

(3) In section 29(1) of that Act (interpretation of Part I), in the definition of "local authority", at the end add "but, in relation to Wales, means the council of a Welsh county or county borough".

The Land Compensation Act 1961 (c. 33)

17 In section 39(1) of the Land Compensation Act 1961 (interpretation), in the definition of "authority possessing compulsory purchase powers" for "or county council" substitute ", county council or county borough council".

The Factories Act 1961 (c. 34)

18 In section 176 of the Factories Act 1961 (general interpretation), after subsection (8) insert--

" (8A) In the application of this Act in relation to Wales--

(a) any reference to a district council shall be construed as a reference to a county council or (as the case may be) county borough council; and

(b) any reference to the district of a district council shall be construed as a reference to a county or county borough. "

The Trustee Investments Act 1961 (c. 62)

19 (1) In section 11 of the Trustee Investments Act 1961 (local authority investment schemes), in subsection (4)(a), after "county," insert "a county borough,".

(2) In Part IV of Schedule 1 to that Act (manner of investment), in paragraph 4, in paragraph (a) of the definition of "local authority", after "county," insert "a county borough,".

The Local Government (Records) Act 1962 (c. 56)

20 (1) In section 2 of the Local Government (Records) Act 1962 (acquisition and deposit of records), in subsection (6) after "county," insert "county borough,".

(2) In section 8(1) of that Act (interpretation), in the definition of "local authority", after "county," insert "county borough,".

The Pipe-lines Act 1962 (c. 58)

21 In section 35 of the Pipe-lines Act 1962 (deposit of maps of pipe-lines with local authorities), in subsection (6), omit "and Wales" and after "City of London," insert "for the purpose of the application of this section to Wales, that expression means the council of a county or county borough,".

The Licensing Act 1964 (c. 26)

22 (1) In section 58(1)(a) of the Licensing Act 1964 (meaning of "local authority"), after "district," insert "or, in Wales, the council of the county or county borough,".

(2) In section 66 of that Act (Sunday closing in Wales)--

(a) in subsection (1), for "district" substitute "county or county borough";

(b) omit subsection (2);

(c) in subsection (3), for the first and third "district" substitute "county or county borough" (in each case), and for the second and fourth "district" substitute "county or, as the case may be, county borough" (in each case);

(d) in subsection (4)--

(i) for "district council" substitute "county council or, as the case may be, county borough council";

(ii) for "district", in every other case, substitute "county or county borough"; and

(iii) for "1975" substitute "1996";

(e) in subsection (5), for "districts" substitute "counties and county boroughs"; and

(f) in subsection (7), for "district council" substitute "county council or county borough council" and for second "district" substitute "county or county borough".

(3) In section 67 of that Act (Welsh Sunday polls)--

(a) in subsection (2)(a), for the first "district" substitute "county or county borough" and for "district councillors" substitute "councillors of the county or (as the case may be) county borough";

(b) in subsection (3), for the first "district" substitute "county or county borough", and for "district council" substitute (in both places) "county council or (as the case may be) county borough council";

(d) in subsection (5), for "district councillors" substitute "councillors of the county or county borough".

(4) In section 98 of that Act (grounds for refusing applications for Part IV licences), in subsection (5)(a) after "district" insert "or, in Wales, the council of the county or county borough".

(5) In section 180 of that Act (consent to grant of occasional licence), in subsection (1)(a), for "a district or part thereof" substitute "any area".

(6) In Schedule 2 to that Act (applications for justices' licences), in paragraph 5, in paragraph (a), after "licensed are" insert "in England but" and, after paragraph (a) insert--

" (aa) if the premises to be licensed are in Wales, to the proper officer of the county council or county borough council; and " .

(7) In Schedule 8 to that Act (Sunday polls in Wales), in paragraph 6--

(a) in sub-paragraph (1), omit the first "district", for the second "district" substitute "county or county borough" and for the third "district" substitute "county or (as the case may be) county borough";

(b) in sub-paragraph (2), for the first "district" substitute "county or county borough" and omit "district" in both other places;

(d) in sub-paragraph (4), for the first "district" substitute "county or county borough", omit the second "district" and for "district council" substitute "county council or (as the case may be) county borough council".

(8) In paragraph 7 of Schedule 8 to that Act--

(a) in sub-paragraph (1), for the first "district" substitute "county or county borough", for the second "district" substitute "county or (as the case may be) county borough", omit the third "district" and for "councillor for the district" substitute "councillor of the county or (as the case may be) county borough"; and

(b) in sub-paragraphs (2), (3) and (4) omit "district".

(9) After paragraph 7 of Schedule 8 to that Act insert--

" (7A) In paragraphs 6 and 7 above "returning officer", in relation to a county or county borough, means the returning officer for elections of councillors of the county or county borough. "

(10) In the Appendix to Schedule 8 to that Act--

(a) in form A, for "[district of]" substitute "[county/county borough of]";

(b) in form B, for "[district of]", substitute, in each place, "[county/county borough of]";

(c) in form D, for "[ward of the district of]" substitute, in each place, "[division of the county/county borough of]" and for "said district" substitute "said [county/county borough]"; and

(d) in form E, for "[district of]" substitute, in each place, "[county/county borough of]".

The Harbours Act 1964 (c. 40)

23 In Schedule 3 to the Harbours Act 1964 (procedure for making harbour orders), in paragraph 3(ba)--

(a) omit "and Wales" and "or community"; and

(b) after "parish council" insert ", in Wales, a county council, a county borough council and a community council".

The Public Libraries and Museums Act 1964 (c. 75)

24 (1) Omit the following provisions from the Public Libraries and Museums Act 1964--

(a) in section 4 (library authorities and areas), from "-- (a)" to "(b)", in subsection (2);

(b) in section 5 (joint boards), the proviso in subsection (3);

(d) in section 10 (default powers of Secretary of State), in subsection (2)--

(i) paragraph (a);

(ii) in paragraph (b), in sub-paragraph (i) the words "other than any council of a district in Wales" and sub-paragraph (ii);

(e) in section 11 (supplemental provisions as to transfers of officers, assets and liabilities), in subsection (2) the words from "or (b)" to "library authority";

(f) section 21 (expenses of county councils in Wales).

(2) In section 4 of that Act, at the end add--

" (3) In Wales, county councils and county borough councils shall, subject to section 5 below, be library authorities for the purposes of this Act. "

(3) In section 25 of that Act (interpretation), after the definition of "library officer" insert--

" "local authority", in relation to Wales, means a county council or county borough council; " .

(4) In Schedule 2 to that Act (management of funds for purchase of exhibits), in paragraphs 2 and 5 after "county fund" insert (in each place) "council fund".

The Gas Act 1965 (c. 36)

25 In section 28 of the Gas Act 1965 (interpretation of Part II), in the definition of "local authority" in subsection (1), omit "and Wales" and after "City of London," insert "in Wales, the council of a county or county borough,".

The Sea Fisheries Regulation Act 1966 (c. 38)

26 (1) In section 1 of the Sea Fisheries Regulation Act 1966 (sea fisheries districts and local fisheries committees), in subsection (1), for "county" substitute "county, county borough" (in both places).

(2) In section 2 of that Act (constitution of local fisheries committee), in subsection (1), for "county" substitute "county, county borough" (in both places).

(3) In section 3 of that Act (application by inhabitants in case of refusal by council), for "county" substitute "county, county borough" (in both places).

(4) In section 19 of that Act (contributions to river authority's expenses), for "county" substitute "county, county borough".

The Local Government Act 1966 (c. 42)

27 In section 41(1) of the Local Government Act 1966 (interpretation), in the definition of "local authority", after "London borough" insert "or county borough".

The Plant Health Act 1967 (c. 8)

28 In section 5 of the Plant Health Act 1967 (execution of Act by local authorities), in subsection (3), at the end add "but, in relation to Wales, shall be the councils of counties and county boroughs".

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