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Local Government (Wales) Act 1994 (c. 19)(The document as of February, 2008) Page 14 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 (10) In Schedule 12 to that Act (procedure in connection with marine nature reserve orders), in paragraph 9(1), in the definition of "area", at the end add "or Welsh county or county borough". (11) In Schedule 14 to that Act (applications for certain orders under Part III), in paragraph 5(1), in the definition of "local authority", omit "or community" and at the end of that definition add "but, in relation to Wales, means a community council". (12) In Schedule 15 to that Act (procedure in connection with certain orders under Part III), in paragraph 13(2), in the definition of "local authority" omit "or community" and at the end of that definition add "but, in relation to Wales, means a community council". The Civil Aviation Act 1982 (c. 16)66 (1) In section 79 of the Civil Aviation Act 1982 (grants towards cost of sound-proofing buildings), in subsection (7), omit "and Wales". (2) In section 105(1) of that Act (interpretation), in paragraph (a) of the definition of "local authority" omit "and Wales" and, after that paragraph, insert-- " (aa) in relation to Wales, means a county council or a county borough council; " . The Aviation Security Act 1982 (c. 36)67 In section 30 of the Aviation Security Act 1982 (supplementary orders), in subsection (3)(c), after "a county" insert "in England". The Representation of the People Act 1983 (c. 2)68 (1) In section 8 of the Representation of the People Act 1983 (registration officers), in subsection (2) omit "and Wales" and after subsection (2) insert-- " (2A) In Wales, the council of every county or county borough shall appoint an officer of the council to be registration officer for any constituency or part of a constituency coterminous with or situated in the area of the council. " (2) In section 18(2) of that Act (polling districts), omit "and Wales" and after "borough" insert ", and in Wales it is the duty of the council of each county or county borough,". (3) In section 24(1) of that Act (returning officers), in paragraphs (a), (b) and (c) after "constituency" insert, in each case, "in England" and insert the following paragraphs in the appropriate places-- " (aa) in the case of a county constituency in Wales which is coterminous with or wholly contained in a preserved county as defined by section 64 of the Local Government (Wales) Act 1994, the sheriff of the county; " ; " (bb) in the case of a borough constituency in Wales which is coterminous with or wholly contained in a county or county borough, the chairman of the county or county borough council; " ; " (cc) in the case of any other constituency in Wales, such sheriff or chairman of a county or county borough council as may be designated in an order by the Secretary of State so made; " . (4) In section 28(1) of that Act (discharge of returning officer's functions), in paragraph (a) after "constituency" insert "in England" and after that paragraph insert-- " (aa) in the case of a constituency in Wales for which the chairman of a county or county borough council is returning officer by virtue of that section, by the registration officer appointed by that council; " . (5) In section 28(5) of that Act (power of acting returning officer to appoint deputies), after "and a" insert "Welsh county council or county borough council or a". (6) In section 31 of that Act (polling districts and stations at local government elections), in subsection (1) after "county councillors" insert "in England" and after that subsection insert-- " (1A) For elections of county or county borough councillors in Wales, the county or county borough council may divide an electoral division into polling districts and may alter any polling district. " (7) In section 35 of that Act (returning officers for local elections), in subsection (1) omit "and Wales" and "or communities" and after that subsection insert-- " (1A) In Wales the council of every county or county borough shall appoint-- (a) an officer of the council to be the returning officer for elections of councillors of the county or county borough; and (b) an officer of the council to be the returning officer for elections of councillors of communities within the county or county borough. " (8) In section 36 of that Act (local elections), in subsection (3) omit "or community" in both places in paragraph (b) and after that subsection insert-- " (3AB) Where the polls at-- (a) the ordinary election of councillors for any electoral division of a Welsh county or county borough or an election to fill a casual vacancy occurring in the office of such a councillor, and (b) the ordinary election of community councillors for any community or an election to fill a casual vacancy occurring in the office of such a councillor, are to be taken on the same day and the elections are for related electoral areas, the polls at those elections shall be taken together. " (9) In section 36(4) of that Act (payment of expenses), after "county" insert "a county borough". (10) In section 36 of that Act, in subsection (5) omit "or community", in both places, and "or the community" and after that subsection insert-- " (5A) All the expenditure properly incurred by a returning officer in relation to the holding of an election of a community councillor shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the county or county borough in which the community is situated ("the principal council"), exceed that scale, be paid by the principal council; and if the principal council so require, any expenditure so incurred shall be repaid to them by the community council. " (11) In section 39 of that Act (void local elections)-- (a) in subsections (4) and (6)(a), after "district council" insert, in each case, "or Welsh county or county borough council"; and (b) in subsection (6)(b), omit "district". (12) In section 52(4) of that Act (discharge of registration duties), in paragraph (a) omit "and Wales" and for second "and" substitute-- " (aa) in Wales, of a county or county borough council, and " . (13) In section 69(2) of that Act (location of offices of election agents and sub-agents), in paragraphs (a) and (b), in each case for "or in a London borough or district" substitute "or in a Welsh county or county borough, or London borough or district,". (14) In section 82(4) of that Act (persons before whom declaration as to expenses may be made), in paragraph (a), after "county council" insert ", a county borough council". (15) In section 159 of that Act (candidate reported guilty of corrupt or illegal practice), in the definition of "corporate office" in subsection (3) after "county" insert ", county borough". (16) In section 203(1) of that Act (interpretation)-- (a) in the definition of "local authority", after "county council," insert "a county borough council,"; and (b) in the definition of "local government area", after "county," insert "county borough,". (17) In Schedule 1 to that Act (parliamentary election rules), in paragraph 10(2)(c) after "district" insert "or Welsh county or county borough". (18) In Schedule 2 to that Act (provisions which may be contained in regulations as to registration etc.), in paragraph 1(1) after "district" insert ", Welsh county or county borough". (19) In Schedule 3 to that Act (form of return and declaration), in the first passage in brackets in each form (which provides for an alternative in relation to a local government election), after "county of" insert "county borough of". (20) In Schedule 5 to that Act (use of certain rooms for parliamentary election meetings), in paragraph 3(1) after "council" insert "and every Welsh county and county borough council". The Licensing (Occasional Permissions) Act 1983 (c. 24)69 In section 1(5) of the Licensing (Occasional Permissions) Act 1983 (restriction on occasional permissions), for "district in Wales or Monmouthshire" substitute "locality". The Value Added Tax Act 1983 (c. 55)70 In section 20 of the Value Added Tax Act 1983 (refunds of tax to local authorities and other bodies), in subsection (6) after "county," insert "county borough,". The Pastoral Measure 1983 (No. 1)71 In section 87 of the Pastoral Measure 1983 (general interpretation), in the definition of "local planning authority" in subsection (1), after "(a)" insert "in England". The Telecommunications Act 1984 (c. 12)72 In section 97 of the Telecommunications Act 1984 (contributions by local authorities towards provision of facilities), in subsection (3)-- (a) in paragraph (a) omit "and Wales", after "City of London" insert "or" and omit "or a community council"; and (b) after that paragraph insert-- " (aa) in relation to Wales, means a county council, a county borough council or a community council; " . The Cinemas Act 1985 (c. 13)73 In section 21 of the Cinemas Act 1985 (interpretation), in subsection (1), in the definition of "local authority", in paragraph (a) omit "and Wales" and after that paragraph insert-- " (aa) in Wales, a county council or a county borough council; " . The Representation of the People Act 1985 (c. 50)74 (1) In the Representation of the People Act 1985, in sections 6(2A)(c) (absent vote at elections for an indefinite period) and 9(5)(c) (voting as proxy) after "county" insert, in each case, "or county borough". (2) In section 21 of that Act (insufficient nominations at ordinary elections of community councils), in subsection (2)(b)-- (a) after "district council" insert "or, in the case of a community council, the county council or county borough council"; and (b) omit "of district council". The Weights and Measures Act 1985 (c. 72)75 In section 69 of the Weights and Measures Act 1985 (local weights and measures authorities), in subsection (2), at the end add "and for each county borough shall be the county borough council". The Health Service Joint Consultative Committees (Access to Information) Act 1986 (c. 24)76 In section 1 of the Health Service Joint Consultative Committees (Access to Information) Act 1986 (interpretation), in subsection (1), in the definition of "local authority", after "county council," insert "a county borough council,". The Airports Act 1986 (c. 31)77 In section 12 of the Airports Act 1986 (interpretation of Part II), in the definition of"principal council" in subsection (1), in paragraph (a) omit "and Wales", and after that paragraph insert-- " (aa) in relation to Wales, means the council of a county or of a county borough; " . The Gas Act 1986 (c. 44)78 In paragraph 5 of Schedule 7 to the Gas Act 1986 (modifications of the Pipe-lines Act 1962), in sub-paragraph (5), in the definition of "local authority", in paragraph (a) omit "and Wales" and after "City of London;" insert-- " (aa) in Wales, the council of a county or county borough; " . The Building Societies Act 1986 (c. 53)79 In Schedule 8 to the Building Societies Act 1986 (powers to provide services) in paragraph 8 of Part IV, in the definition of "local authority in Great Britain", in paragraph (a) omit "and Wales" and "or community" and after that paragraph insert-- " (aa) in Wales, a county council, a county borough council and a community council; " . The Parliamentary Constituencies Act 1986 (c. 56)80 In section 6(4)(a) of the Parliamentary Constituencies Act 1986 (local inquiries), after "county" insert "county borough". The Fire Safety and Safety of Places of Sport Act 1987 (c. 27)81 (1) In the following provisions of the Fire Safety and Safety of Places of Sport Act 1987, after "where the local authority is in" insert (in each place) "Wales,"-- (a) section 28(10) (copies of applications for safety certificates); (b) in section 29 (amendment, cancellation etc of certificates), subsections (7) and (8); (c) section 30(8)(d) (interested parties for purposes of appeals); and (d) section 35(c) (powers of entry and inspection). (2) In section 41 of that Act (interpretation), in paragraph (a) of the definition of "building authority" and paragraph (c) of the definition of "local authority" omit "or in Wales," and after paragraph (c) of the definition of "local authority" insert-- " (cc) in Wales, the county council or county borough council; " . The Coroners Act 1988 (c. 13)82 (1) In section 1 of the Coroners Act 1988 (appointment of coroners)-- (a) in subsection (1)-- (i) for "county or Greater London" substitute "county, Greater London or Wales"; (ii) after first "non-metropolitan county" insert "in England"; and (iii) in paragraph (c), after first "county" insert "in England"; and (b) in subsection (2), after second "(b)" insert "or (bb)". (2) In section 1 of that Act, after subsection (1)(b) insert-- " (ba) in the case of a coroner's district consisting of or included in a Welsh principal area, the council of that area; (bb) in the case of a coroner's district lying partly in each of two or more Welsh principal areas, such one of the councils of those areas as may be designated by an order made by the Secretary of State by statutory instrument; " . (3) In section 2 of that Act (qualifications for appointment as coroner), in subsection (3), after first "county" insert "in England", and after subsection (2) insert-- " (2A) A person shall, so long as he is a councillor of a Welsh principal area, and for six months after he ceases to be one, be disqualified for being a coroner for a coroner's district which, or any part of which, falls within that area. " (4) In section 4 of that Act (coroners' districts), in subsections (2) and (4), after first "county" in each case insert "in England", and in subsection (5)(a), after "administrative area" insert "in England". (5) After section 4 of that Act insert-- " 4A Coroners' districts: Wales(1) The Secretary of State may by order divide, amalgamate or otherwise alter-- (a) any coroner's district for the time being existing in Wales; or (b) any such coroners' districts. (2) Before making any order under subsection (1) above, the Secretary of State shall consult the councils and coroners appearing to him to be affected by the order and such other persons as he thinks appropriate. (3) The Secretary of State may, in relation to any area in Wales (the "review area"), direct the council or councils for each Welsh principal area which, or any part of which, falls within the review area to consider any of the following questions-- (a) whether any alteration should be made in a boundary between coroners' districts which falls within the review area; (b) whether a new coroner's district should be created for the whole or any part of the review area; (c) whether a coroner's district which falls wholly within the review area should be abolished. (4) The council or councils to whom such a direction is given shall submit their conclusions to the Secretary of State, together with a statement of their reasons for reaching those conclusions. (5) In making an order under subsection (1) above in a case where he has given a direction under subsection (3) above, the Secretary of State shall have regard to any proposals made to him under subsection (4) above. (6) Where the Secretary of State intends to give effect to any such proposals without modification, subsection (2) above shall not require him to consult the council or councils who made those proposals. (7) An order made under subsection (1) above may make such incidental, consequential, transitional or supplemental provision as appears to the Secretary of State to be appropriate. (8) Except as provided by this Act, a coroner appointed for any coroner's district in Wales-- (a) shall for all purposes be regarded as a coroner for the whole of Wales; and (b) shall have the same jurisdiction, rights, powers and authorities throughout Wales as if he had been appointed as coroner for the whole of Wales. (9) The power to make orders under this section shall be exercisable by statutory instrument. (10) Any such statutory instrument shall be laid before each House of Parliament after being made. " (6) In section 22 of that Act (removal of body for post mortem examination), in the definition of"local authority" in subsection (6), for "district or London borough" substitute "district, London borough or Welsh principal area". (7) In section 27 of that Act (coroner's accounts), in subsection (3)(b), after "county council" insert "in England" and after "fund;" insert-- " (bb) in the case of the council of a Welsh principal area, out of the council fund; " . (8) In section 27(4) of that Act, for the words from "district consisting of" to "districts or boroughs" substitute-- " district-- (a) consisting of two or more metropolitan districts or London boroughs, or (b) which lies partly in each of two or more Welsh principal areas, the expenses of the councils of those districts, boroughs or areas " . (9) In section 31 of that Act (provision of accommodation), for "district or London borough" substitute "district, London borough or Welsh principal area". (10) In section 35(1) of that Act (interpretation), in the definition of "administrative area", after "means" insert "Wales," and after "county" insert "in England", and after the definition of "relevant council" insert-- " "Welsh principal area" means Welsh county or county borough " . The Education Reform Act 1988 (c. 40)83 In section 235 of the Education Reform Act 1988 (interpretation), in subsection (1), in the definition of "local authority", after "county council," insert "a county borough council,". The Local Government Finance Act 1988 (c. 41)84 In section 55 of the Local Government Finance Act 1988 (alteration of lists), in subsection (7A)(a) after "41(6B)" insert "or 41A(10)". 85 In section 88(2) of that Act (councils to whom transport grants may be paid), after paragraph (a) insert-- " (aa) a county borough council, " . 86 In Schedule 9 to that Act (non-domestic rating: administration), in paragraph 8(2)(a) after "41(6B)" insert "or 41A(10)". The Football Spectators Act 1989 (c. 37)87 In section 13 of the Football Spectators Act 1989 (licensing authority's powers in relation to safety at football grounds), in subsection (3) after "is in" insert "Wales,". The Local Government and Housing Act 1989 (c. 42)88 In section 39 of the Local Government and Housing Act 1989 (revenue accounts and capital finance of local authorities), in subsection (1), after paragraph (a) insert-- " (bb) a county borough council; " . The Broadcasting Act 1990 (c. 42)89 In Part I of Schedule 2 to the Broadcasting Act 1990 (restrictions on the holding of licences), in paragraph 1(1), in the definition of "local authority", in paragraph (a) omit "and Wales" and after "Scilly;" insert-- " (aa) in relation to Wales, means a county council or county borough council; " . The Caldey Island Act 1990 (c. 44)90 (1) In section 1(1) of the Caldey Island Act 1990-- (a) for "(in" substitute "are in"; and (b) omit the closing bracket after ""Caldey"" and the rest of the subsection. (2) The following provisions shall be omitted from that Act-- (a) section 1(2)(a); (b) in section 1(3), the words "and district"; (c) section 1(4); (d) section 2; (e) section 4(1)(a); and (f) section 4(2). The Coal Mining Subsidence Act 1991 (c. 45)91 In section 47 of the Coal Mining Subsidence Act 1991 (notices to local authorities), in subsection (6), in paragraph (a) omit "and Wales" and after "county;" insert-- " (aa) in relation to Wales, the council of a county or county borough; " . The Deer Act 1991 (c. 54)92 In section 11 of the Deer Act 1991 (licensed game dealers to keep records), in the definition of "authorised officer" in subsection (9), after "council of a" insert "Welsh county or county borough,". The Social Security Contributions and Benefits Act 1992 (c. 4)93 In section 58 of the Social Security Contributions and Benefits Act 1992 (incapacity for work: work as councillor to be disregarded), in subsection (4)(a), after "county" insert "or county borough". The Social Security Administration Act 1992 (c. 5)94 In section 191 of the Social Security Administration Act 1992 (interpretation), in the definition of "local authority", in paragraph (a), omit "and Wales" and after "Scilly;" insert-- " (aa) in relation to Wales, the council of a county or county borough; " . The Further and Higher Education Act 1992 (c. 13)95 In section 90 of the Further and Higher Education Act 1992 (interpretation), in subsection (1), in the definition of "local authority", after "county council," insert "a county borough council,". The Local Government Finance Act 1992 (c. 14)96 In section 24 of the Local Government Finance Act 1992 (alteration of lists), in subsection (9)(b) after "22(8)" insert "or 22A(10)". 97 In section 28 of that Act (information about lists), in subsection (2)(a) after "22(8)" insert "or 22A(10)". 98 In section 54 of that Act (power to designate authorities for purposes of limiting council tax and precepts), in subsection (2), after "subsection (3)" insert "or (3A)", in subsection (3), after "classes" insert ", in relation to England," and after subsection (3) insert-- " (3A) The classes, in relation to Wales, are-- (a) county councils and county borough councils; and (b) police authorities established under section 3 of the [1964 c. 48.] Police Act 1964. " . The Charities Act 1992 (c. 41)99 In section 65 of the Charities Act 1992 (interpretation of Part III), in the definition of "local authority" in subsection (4), after "council of a" insert "Welsh county or county borough, of a". The Judicial Pensions and Retirement Act 1993 (c. 8)100 In section 21 of the Judicial Pensions and Retirement Act 1993 (pensions payable to judicial officers etc. by local authorities), in subsection (4), in the definition of "local authority", after "county council," insert "county borough council,". The Charities Act 1993 (c. 10)101 (1) In section 76 of the Charities Act 1993 (local authority's index of local charities), in subsection (1), after "county" insert "or county borough". (2) In section 77 of that Act (reviews of local charities by local authority), in subsection (1), after "county" insert "or county borough", and after subsection (4) insert-- " (4A) Subsection (4) above does not apply in relation to Wales. " (3) In section 78(1) of that Act (co-operation between charities and local authorities), in the definition of "local council"-- (a) after "means" insert ", in relation to England,"; (b) for "parish or (in Wales) community" substitute "or parish"; and (c) at the end add "and, in relation to Wales, the council of a county, county borough or community". (4) In section 79 of that Act (parochial charities), in subsection (7), in paragraphs (b) and (c), for "district council" substitute "council of the county or (as the case may be) county borough" (in each place). (5) In Schedule 3 to that Act (enlargement of areas of local charities), after paragraph 3, insert--
(6) In paragraph 4 of Schedule 3 to that Act, in paragraph (iv) in column 2, at the end add "or in any adjacent Welsh county or county borough" and after that paragraph insert--
The Radioactive Substances Act 1993 (c. 12)102 In section 47(1) of the Radioactive Substances Act 1993 (general interpretation provisions), in the definition of "local authority"-- (a) in paragraph (a) omit "and Wales"; and (b) after paragraph (a) insert-- " (aa) in Wales, the council of a county or county borough; " . The Local Government (Overseas Assistance) Act 1993 (c. 25)103 In section 1(9) of the Local Government (Overseas Assistance) Act 1993 (definition of "local authority"), in paragraph (a), for "and" substitute ", the council of a county or county borough in". The Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)104 In section 161 of the Leasehold Reform, Housing and Urban Development Act 1993 (vesting of land by order in Urban Regeneration Agency), in subsection (7), in the definition of "local authority", after "county council," insert "a county borough council,". The Education Act 1993 (c. 35)105 (1) In section 166 of the Education Act 1993 (duty of District Health Authority or local authority to help local education authority), in subsection (5), after "county council," insert "a county borough council,". (2) In section 305 of that Act (interpretation), in subsection (1), in the definition of "local authority", after "county council," insert "a county borough council,". The Welsh Language Act 1993 (c. 38)106 (1) In section 6 of the Welsh Language Act 1993 (meaning of "public body"), in subsection (1)(a), after first "council" insert "county borough council,". Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 -- Back --
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