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

(The document as of February, 2008)

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(b) to take copies of any of them, in such manner as carries no risk of damage.

(6) The right conferred by subsection (5) is subject to any shared arrangements which affect the records concerned.

(7) In this section--

"documents" includes records, of whatever form and in whatever medium, which convey or are capable of conveying information;
"records", in relation to a council, means any documents which--
(a)
belong to the council or of which they have custody; and
(b)
have been retained for reference and research purposes or because of their likely historical interest; and
"shared arrangements", in relation to a council, means any arrangements which the council have made with any other authority under section 25 of this Act or section 101 of the 1972 Act (arrangements for the discharge of functions by other local authorities).

61 Lieutenancies

(1) In section 130 of the [1980 c. 9.] Reserve Forces Act 1980 (lieutenancies in England and Wales), at the end add--

" (4) In this section and in sections 133 to 137 below "county" means, in relation to Wales, a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994). "

(2) Her Majesty may by Order in Council make such amendments in section 130 of the Act of 1980, with respect to the area for which any lord-lieutenant or lieutenant may be appointed, as Her Majesty considers appropriate in the light of the changes made by or under this Act with respect to the areas of local authorities in Wales.

(3) Any such Order may make such incidental, consequential, transitional or supplemental provision (including provision amending the Act of 1980 or any other enactment) as appears to Her Majesty to be necessary or expedient.

(4) In section 94 of the Act of 1980 (procedure for enlistment), at the end add--

" (4) In subsection (2) above "county" means, in relation to Wales, a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994). "

(5) In section 133 of the Act of 1980 (deputy lieutenants), at the end add--

" (6) In relation to Wales, subsection (5) above shall have effect as if the words from "(at" to "rate)" were omitted. "

(6) In Schedule 7 to the Act of 1980 (provision of schemes for the constitution of associations), in paragraph 8(5), after the definition of "air force member" insert--

" "county" means, in relation to Wales, a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994); " .

62 Sheriffs

(1) In section 3 of the [1887 c. 55.] Sheriffs Act 1887 (annual appointment of sheriff) at the end add--

" (4) In this Act "county", in relation to Wales, means a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994). "

(2) Her Majesty may by Order in Council make such amendments in section 3 of the Act of 1887, with respect to the area for which any sheriff may be appointed, as Her Majesty considers appropriate in the light of the changes made by this Act with respect to the areas of local authorities in Wales.

(3) Any such Order may make such incidental, consequential, transitional or supplemental provision (including provision amending the Act of 1887 or any other enactment) as appears to Her Majesty to be necessary or expedient.

(4) In section 6 of the Act of 1887 (nomination and appointment of sheriffs), after subsection (3) insert--

" (3A) In relation to Wales--

(a) subsection (3) above shall apply as if it required the duplicate warrant to be transferred to, and enrolled and kept by, the proper officer of the appropriate county or county borough council; and

(b) section 3(4) above shall not apply.

(3B) Any question as to which is the appropriate county or county borough council in relation to a particular warrant shall be determined by the Secretary of State. "

63 Regulations, orders and directions

(1) Any power to make regulations or orders conferred on the Secretary of State or the Lord Chancellor by this Act shall be exercisable by statutory instrument.

(2) Any such instrument, other than one made under a provision mentioned in subsection (4), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) No order shall be made under section 34 unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(4) The provisions mentioned in subsection (2) are--

(a) sections 17(6), 34, 39(1), 49(6), 53(9) and 66(3);

(b) paragraph 18 of Schedule 5;

(d) paragraphs 12 and 18 of Schedule 17.

(5) Any regulations or order made under this Act may--

(a) make such supplemental, incidental, consequential or transitional or saving provision as the Secretary of State or (as the case may be) the Lord Chancellor considers appropriate; and

(b) make different provision for different cases or classes of case or for different localities.

(6) Any power of the Secretary of State to give a direction under this Act shall--

(a) include power to make different provision for different cases, including different provision for different localities and for different bodies; and

(b) shall be exercised in writing.

64 Interpretation

(1) In this Act--

"the 1972 Act" means the [1972 c. 70.] Local Government Act 1972;
"the Commission" means the Staff Commission for Wales or Comisiwn Staff Cymru;
"decentralisation scheme" has the meaning given in section 27;
"financial year" means the period of twelve months beginning with 1st April;
"new", in relation to any area or authority, means an area or authority established by or under this Act;
"old authority" means an authority which ceases to exist as a result of this Act;
"the planning Act" means the [1990 c. 8.] Town and Country Planning Act 1990;
"prescribed" means prescribed by an order or by regulations made by the Secretary of State;
"preserved county" means any county created by the 1972 Act as a county in Wales, as that county stood immediately before the passing of this Act but subject to any provision of this Act, or made under the 1972 Act, redrawing its boundaries;
"the Residuary Body" means the Residuary Body for Wales or Corff Gweddilliol Cymru.

(2) A county borough established by this Act shall not be treated as a borough for the purposes of any Act passed before 1st April 1974.

(3) Subject to the provisions of this section, this Act and the 1972 Act shall be construed as one.

(4) Subject to any provision to the contrary, in any amendment of an enactment made by or under this Act "Wales" has the same meaning as in section 269 of the 1972 Act.

65 Expenses

(1) There shall be defrayed out of money provided by Parliament--

(a) any expenses incurred by any Minister of the Crown under this Act; and

(b) any increase attributable to the provisions of this Act in the sums payable out of money so provided under any other enactment.

(2) Any sums received by the Secretary of State under a provision of this Act shall be paid into the Consolidated Fund.

66 Short title, commencement, extent etc

(1) This Act may be cited as the Local Government (Wales) Act 1994.

(2) The following provisions of this Act--

(a) sections 1(1), (2) and (7), 3, 6, 7, 39, 40, 43, 46, 47, 48, 54, 55, 63 and 64,

(b) Schedules 1, 3, 13 and 14 and paragraphs 1, 4, 6 and 9 of Schedule 17, and

shall come into force on the passing of this Act.

(3) The other provisions of this Act shall come into force on such day as the Secretary of State may by order appoint.

(4) Different days may be appointed by an order under subsection (3) for different purposes and different provisions.

(5) Schedule 15 makes minor and consequential amendments of the 1972 Act.

(6) Schedule 16 makes certain miscellaneous consequential amendments.

(7) Schedule 17 contains transitional provisions and savings.

(8) The repeals set out in Schedule 18, which include repeals of certain enactments which are spent, shall have effect.

(9) This Act does not extend to Scotland or Northern Ireland except that any amendment or repeal of another enactment by this Act has the same extent as the enactment amended or repealed.

SCHEDULES

SCHEDULE 1 [Section 1(2).] The New Principal Areas

Counties

1 For Part I of Schedule 4 to the 1972 Act substitute--

" PART I Counties

Name	Area
Anglesey Sir Fôn	The district of Ynys Môn Isle of Anglesey.
Caernarfonshire and Merionethshire Sir Gaernarfon a Meirionnydd	The districts of Arfon, Dwyfor, and Meirionnydd.
Cardiff Caerdydd	The district of Cardiff, together with (from the district of Taff-Ely) the community of Pentyrch.
Cardiganshire Sir Aberteifi	The district of Ceredigion.
Carmarthenshire Sir Gaerfyrddin	The districts of Carmarthen, Llanelli and Dinefwr.
Denbighshire Sir Ddinbych	The district of Rhuddlan, together with (from the district of Glyndwjr) the communities of Aberwheeler, Cynwyd, Llandrillo, Henllan, Denbigh, Llandyrnog, Llangynhafal, Llanynys, Llanrhaeadr-yng-Nghinmeirch, Nantglyn, Cyffylliog, Ruthin, Llanbedr Dyffryn Clwyd, Llanferres, Clocaenog, Efenechtyd, Llandegla, Llanfair Dyffryn Clwyd, Llanarmon-yn-Iajl, Llanelidan, Derwen, Betws Gwerfil Goch, Gwyddelwern, Bryneglwys, Corwen, Llantysilio, Llangollen and Llangollen Rural with (from the district of Colwyn) the communities of Trefnant and Cefnmeiriadog.
Flintshire Sir y Fflint	The districts of Alyn and Deeside and Delyn.
Monmouthshire Sir Fynwy	The district of Monmouth together with (from the district of Blaenau Gwent) the community of Llanelly.
Pembrokeshire Sir Benfro	The districts of Preseli Pembrokeshire and South Pembrokeshire, together with Caldey Island and St Margaret's Island.
Powys Powys	The districts of Montgomeryshire, Radnorshire and Brecknock, together with (from the district of Glyndwjr) the communities of Llanrhaeadr-ym-Mochnant, Llansilin and Llangedwyn.
Swansea Abertawe	The district of Swansea, together with (from the district of Lliw Valley) the communities of Gowerton, Llwchwr, Gorseinon, Grovesend, Pontardulais, Mawr, Pont-Lliw, Penllergaer, Llangyfelach and Clydach. "

County boroughs

2 For Part II of Schedule 4 to the 1972 Act substitute--

" PART II County Boroughs

Name	Area
Aberconwy and Colwyn Aberconwy a Cholwyn	The districts of Aberconwy and Colwyn, but excluding (from the district of Colwyn) the communities of Cefnmeiriadog and Trefnant.
Blaenau Gwent Blaenau Gwent	The district of Blaenau Gwent (excluding the community of Llanelly).
Bridgend Pen-y-bont ar Ogwr	The district of Ogwr, but excluding the communities of Wick, St Bride's Major and Ewenny.
Caerphilly Caerffili	The districts of Islwyn and Rhymney Valley.
Merthyr Tydfil Merthyr Tudful	The district of Merthyr Tydfil.
Neath and Port Talbot Castell-nedd a Phort Talbot	The districts of Neath and Port Talbot, together with (from the district of Lliw Valley) the communities of Pontardawe, Gwaun-Cae-Gurwen, Cwmllynfell, Ystalyfera and Cilybebyll.
Newport Casnewydd	The district of Newport.
Rhondda, Cynon, Taff Rhondda, Cynon, Taf	The districts of Rhondda, Cynon Valley, and Taff-Ely, but excluding (from the district of Taff-Ely) the community of Pentyrch.
Torfaen Tor-faen	The district of Torfaen.
The Vale of Glamorgan Bro Morgannwg	The district of Vale of Glamorgan, together with (from the district of Ogwr) the communities of Wick, St Bride's Major and Ewenny.
Wrexham Wrecsam	The district of Wrexham Maelor, together with (from the district of Glyndwjr) the communities of Chirk, Glyntraian, Llansantffraid Glyn Ceiriog, and Ceiriog Ucha. "

The preserved counties

3 For Part III of Schedule 4 to the 1972 Act substitute--

" PART III The Preserved Counties And Their Areas

Name	Area
Clwyd	The county of Clwyd, but excluding the communities of Llanrhaeadr-ym-Mochnant, Llansilin and Llangedwyn.
Dyfed	The county of Dyfed.
Gwent	The county of Gwent.
Gwynedd	The county of Gwynedd.
Mid Glamorgan Morgannwg Ganol	The county of Mid Glamorgan, but excluding the communities of Wick, St Bride's Major, Ewenny and Pentyrch.
Powys	The county of Powys with the addition of the communities of Llanrhaeadr-ym-Mochnant, Llansilin and Llangedwyn from the county of Clwyd.
South Glamorgan De Morgannwg	The county of South Glamorgan with the addition of the communities of Wick, St Bride's Major, Ewenny and Pentyrch from the county of Mid Glamorgan.
West Glamorgan Gorllewin Morgannwg.	The county of West Glamorgan. "

SCHEDULE 2 [Section 1(3).] Provisions Applying to Preserved Counties

The Defence Act 1842 (c. 94)

1 The provisions of section 19 of the Defence Act 1842 (valuing of premises in default of agreement) shall be subsection (1) of that section and at the end add--

" (2) In this section and in sections 23 and 24 "county" means, in relation to Wales, a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994). "

The Licensing Act 1964 (c. 26)

2 (1) In sections 85 (parties organised for gain) and 188 (closing of licensed premises in case of riot) of the Licensing Act 1964, in each case at the end add--

" (4) In subsection (1) above "county", in relation to Wales, means a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994). "

(2) In section 193 of that Act (disqualification of justices), at the end add--

" (9) In subsections (1) and (2) above "county", in relation to Wales, means a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994). "

The Sea Fisheries (Shellfish) Act 1967 (c. 83)

3 The provisions of section 10 of the Sea Fisheries (Shellfish) Act 1967 (jurisdiction in relation to fishery) shall be subsection (1) of that section and at the end add--

" (2) In the application of this section in relation to Wales, the reference to a county in subsection (1) of this section includes a reference to a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994). "

The Local Government Act 1972 (c. 70)

4 In section 54 of the 1972 Act (proposals for changes in local government areas in Wales), after subsection (1) insert--

" (1A) The Welsh Commission may, in consequence of a review conducted by them under this Part of this Act make proposals to the Secretary of State for effecting changes in the area of a preserved county which appear to the Commission to be desirable having regard, in particular, to the purposes for which the preserved counties are retained. "

5 For section 56(1) of the 1972 Act (power of Secretary of State to direct holding of reviews), substitute--

" (1) The Secretary of State may direct the Welsh Commission to conduct a review of--

(a) Wales as a whole,

(b) any one or more local government areas or parts of such areas in Wales, or

for the purpose of considering whether or not to make such proposals in relation to the area reviewed as are authorised by section 54 above and what proposals, if any, to make; and the Commission shall, if they think fit, formulate such proposals accordingly. "

6 At the end of section 219 of the 1972 Act (sheriffs and under-sheriffs), after subsection (8) add--

" (9) In subsections (1) and (5) above "county", in relation to Wales, means a preserved county. "

7 At the end of section 224 of the 1972 Act (arrangements by principal councils for custody of documents) add--

" (3) In subsection (1) above "county", in relation to Wales, means a preserved county. "

8 For section 269 of the 1972 Act (meaning of "England" and "Wales") substitute--

" 269 Meaning of "England" and "Wales"

In this Act "Wales" means the combined area of the preserved counties and "England" does not include any area which is included in any of the preserved counties. "

The Interpretation Act 1978 (c. 30)

9 In Schedule 1 to the Interpretation Act 1978 (words and expressions defined) for the definition of "Wales" substitute--

" "Wales" means the combined area of the counties which were created by section 20 of the [1972 c. 70.] Local Government Act 1972, as originally enacted, but subject to any alteration made under section 73 of that Act (consequential alteration of boundary following alteration of watercourse). "

The Justices of the Peace Act 1979 (c. 55)

10 (1) In section 1 of the Justices of the Peace Act 1979 (commission areas), in paragraph (a), after "county" insert "in England" and after that paragraph insert--

" (aa) every preserved county in Wales; " .

(2) In section 4 of that Act (petty sessions areas), after subsection (1) insert--

" (1A) In subsection (1) above, any reference to a non-metropolitan county is to be construed, in relation to Wales, as a reference to a preserved county. "

(3) In section 19 of that Act (general provisions as to magistrates' courts committees), in subsection (2), in paragraph (a), after "county" insert "in England", and after paragraph (b) insert--

" (bb) every preserved county in Wales; " .

(4) In section 70 of that Act (interpretation), after the definition of "prescribed" insert--

" "preserved county" has the meaning given by section 64 of the Local Government (Wales) Act 1994; " .

The Magistrates' Courts Act 1980 (c. 43)

11 (1) In section 1 of the Magistrates' Courts Act 1980 (issue of summons to accused or warrant for his arrest), in subsection (8) after "county" insert "in England, any preserved county in Wales".

(2) In section 2 of that Act (jurisdiction to deal with charges), in subsections (1) and (3) after first "county" insert "in England, a preserved county in Wales" and after second "county" insert ", the preserved county".

(3) In section 3 of that Act (offences committed on boundaries etc.), in subsection (4) after "county" insert "in England, any preserved county in Wales".

(4) In section 150(1) of that Act (interpretation), after the definition of "prescribed" insert--

" "preserved county" has the meaning given by section 64 of the Local Government (Wales) Act 1994; " .

The Representation of the People Act 1983 (c. 2)

12 (1) The provisions of section 177 of the Representation of the People Act 1983 (local election offence punishable summarily) shall be subsection (1) of that section and at the end add--

" (2) In subsection (1) above "county", in relation to Wales, means a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994). "

(2) In Schedule 1 to that Act (parliamentary election rules), in the Appendix, in the entry relating to the form of the certificate to be endorsed on the writ, insert the following--

" Note: in relation to any constituency in Wales, "county" in this form refers to a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994). "

The Parliamentary Constituencies Act 1986 (c. 56)

13 In paragraph 4 of Schedule 2 to the Parliamentary Constituencies Act 1986 (rules for redistributing seats), after sub-paragraph (1) insert--

" (1A) In sub-paragraph (1)(a) above "county" means, in relation to Wales, a preserved county (as defined by section 64 of the Local Government (Wales) Act 1994). "

SCHEDULE 3 [Section 3.] Establishment of New Principal Councils

The following is substituted for Schedule 5 to the 1972 Act--

" Schedule 5 Establishment of New Principal Councils

Election of councillors

1 The elections of councillors of the new principal councils which are to be held in 1995 shall be held on a date fixed by the Secretary of State by order.

Electoral divisions

2 (1) For the purpose of any election of such councillors, each principal area shall be divided into electoral divisions specified in an order made by the Secretary of State after carrying out (either before or after the passing of the Local Government (Wales) Act 1994) such consultations as he thinks appropriate.

(2) An order under this paragraph for any area shall specify the number of councillors to be returned for each electoral division.

(3) There shall be a separate election of councillors for each electoral division.

(4) An order under this paragraph may contain such incidental, consequential, transitional or supplemental provision as the Secretary of State considers appropriate.

First elections of new councils

3 (1) At the first elections of councillors for each new principal area, the returning officer shall be an officer of the council appointed by such county council or district council as the Secretary of State may by order designate and not a person appointed under section 35 of the Representation of the [1983 c. 2.] People Act 1983.

(2) Section 36(4) of the Act of 1983 shall not apply to any such election.

(3) All expenditure properly incurred by a returning officer or other officer in relation to the holding of the first elections of councillors for a new principal area shall be paid in the first instance by the council by whom the returning officer was appointed and shall be defrayed by the district councils in the area--

(a) in such proportions as may be agreed between them; or

(b) in default of such agreement, as may be determined by the Secretary of State.

(4) In relation to the first elections of councillors for a new principal area, "the appropriate officer", in Parts II and III of the Representation of the People Act 1983, does not have the meaning given by section 67(7) of that Act but means the returning officer appointed under this paragraph.

Declarations of acceptance of office

4 (1) For the purpose of taking and receiving delivery of declarations of acceptance of the office of councillor of any new principal council before the first meeting of that council, the head of paid service of an authority designated by the appropriate transition committee--

(a) shall be deemed to be and shall act as the proper officer of the new council; and

(b) shall transfer any such declaration which has been delivered to him to the custody of the proper officer of the new council on the appointment of the latter.

(2) In this Schedule "head of paid service", in relation to an authority, means the officer of that authority who is designated under section 4 of the [1989 c. 42.] Local Government and Housing Act 1989.

First meetings of new principal councils

5 (1) The first meeting of each new principal council shall be held within 21 days immediately following the day of election and shall be treated as the annual meeting of the council for 1995.

(2) The meeting shall be convened by the head of paid service of an authority designated by the appropriate transition committee and shall be held at such place as he may appoint.

(3) The notice of the meeting required by paragraph 4(2) of Schedule 12 to this Act shall be published at the place where the meeting is to be held and the summons to attend the meeting shall be signed by the person convening it.

6 (1) Until the completion of the election of a chairman at the first meeting of a new principal council, persons designated by the appropriate transition committee shall exercise any functions falling to be exercised by the chairman and vice-chairman of the council.

(2) Any person so designated shall not vote in the first instance at the election of the chairman unless he is a councillor for the new area.

(3) At the first meeting of a new principal council the head of paid service of an authority so designated shall exercise any functions falling to be exercised by the proper officer of the new council in relation to the meeting.

(4) The standing orders for the regulation of the proceedings and business of an authority so designated shall apply at the first meeting of a new principal council.

7 If he is requested to do so, the Secretary of State may himself exercise a committee's power of designation for the purposes of any provision of paragraph 4, 5 or 6 above on the ground that the committee is unlikely to exercise the power in time for that provision to operate.

Qualification for membership

8 For the purposes of section 79 above, in its application to a candidate for membership of a new principal council, the new principal areas shall be treated as having been established not less than 12 months before the day of his nomination as such a candidate or, in relation to an election not preceded by the nomination of candidates, before the day of election.

Suspension of elections

9 (1) In this paragraph "council" means a county or district council which ceases to exist on 1st April 1996 by virtue of the Local Government (Wales) Act 1994.

(2) No election of councillors of a council shall be held after 31st December 1994, except--

(a) to fill a casual vacancy in the office of councillor of that council where before 31st December 1994--

(i) the office has been declared to be vacant; or

(ii) notice of the vacancy has been given under section 89(1) of this Act; or

(b) where the number of casual vacancies in the office of councillor of a council occurring after 31st December 1994 exceeds half of the total number of such offices.

(3) Any such councillor holding office immediately before 31st December 1994, or elected after that date to fill a casual vacancy, shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 1st April 1996.

(4) It shall not be necessary--

(a) to fill any casual vacancy in the office of councillor of a council occurring after 31st December 1994; and accordingly section 89 of this Act shall have effect with the necessary modifications in relation to any such vacancy; or

(b) to fill any casual vacancy occurring during March 1996 in the office of chairman or vice-chairman of a council.

Appropriate transition committee

10 In this Schedule, "appropriate transition committee" means the committee established under section 46 of the Local Government (Wales) Act 1994 in relation to the new principal council in question. "

SCHEDULE 4 [Section 18(7).] Exercise of Planning Functions in Wales

After Schedule 1 to the planning Act insert the following Schedule--

" SCHEDULE 1A Distribution of Local Planning Authority Functions: Wales

1 (1) Where a local planning authority are not the local highway authority, the Secretary of State may include in a development order such provisions as he thinks fit enabling the local highway authority to impose restrictions on the grant by the local planning authority of planning permission for the following descriptions of development relating to land in the area of the local highway authority--

(a) the formation, laying out or alteration of any means of access to--

(i) a road classified under section 12(3) of the [1980 c. 66.] Highways Act 1980 or section 27 of the [1966 c. 42.] Local Government Act 1966; or

(ii) a proposed road the route of which has been adopted by resolution of the local highway authority and notified as such to the local planning authority;

(b) any other operations or use of land which appear to the local highway authority to be likely to--

(i) result in a material increase in the volume of traffic entering or leaving such a classified or proposed road;

(ii) prejudice the improvement or construction of such a road; or

(iii) result in a material change in the character of traffic entering, leaving or using such a road.

(2) The reference to a local planning authority in sub-paragraph (1) shall not be construed as including a reference to an urban development corporation who are the local planning authority by virtue of an order under section 149 of the [1980 c. 65.] Local Government, Planning and Land Act 1980, and no provision of a development order which is included in it by virtue of that sub-paragraph is to be construed as applying to such a corporation.

(3) The Secretary of State may include in a development order provision enabling a local highway authority to impose restrictions on the grant by an urban development corporation who are the local planning authority of planning permission for such descriptions of development as may be specified in the order.

2 (1) A local planning authority who have the function of determining applications for planning permission shall, if requested to do so by the council for any community or group of communities situated in their area, notify that council of--

(a) any relevant planning application; and

(b) any alteration to that application accepted by the authority.

(2) In sub-paragraph (1) "relevant planning application" means an application which--

(a) relates to land in the community or (as the case may be) one of the communities concerned; and

(b) is an application for--

(i) planning permission; or

(ii) approval of a matter reserved under an outline planning permission within the meaning of section 92.

(3) Any request made for the purposes of sub-paragraph (1) shall be in writing and shall state that the community council wishes to be notified of all relevant applications or all applications of a description specified in the request.

(4) An authority shall comply with the duty to notify a community council of an application by--

(a) sending the council a copy of the application; or

(b) indicating to the council the nature of the development which is the subject of the application and identifying the land to which it relates,

and any notification falling within paragraph (b) shall be in writing.

(5) An authority shall comply with their duty to notify a community council of an alteration by--

(a) sending a copy of the alteration to the council; or

(b) informing the council in writing of its general effect,

but they need not notify a community council of an alteration which in their opinion is trivial.

(6) A development order may require a local planning authority who are dealing with an application of which a community council is entitled to be notified--

(a) to give to the council an opportunity to make representations to them as to the manner in which the application should be determined;

(b) to take into account any such representations;

(c) to notify the council of the terms of their decision or, where the application is referred to the Secretary of State, the date when it was so referred and, when notified to them, the terms of his decision.

3 Paragraphs 4 to 10 apply only in relation to any area for which, by virtue of any provision of or made under section 6, 7 or 8, there is more than one local planning authority.

4 In sections 178(1), 181(4)(b) and 190(2), (3) and (5) any reference to the local planning authority shall be construed as a reference to the authority who issued the notice or made the order in question or, in the case of a notice issued or an order made by the Secretary of State, the authority named in the notice or order.

5 The functions of a local planning authority under section 187B are exercisable by any body having the function of taking enforcement action in respect of the breach in question.

6 Where a local planning authority have made a tree preservation order under section 198 or the Secretary of State has made such an order by virtue of section 202, the powers of varying or revoking the order and the powers of dispensing with section 206 or serving, or appearing on an appeal relating to, a notice under section 207 shall be exercisable only by the authority who made the order or, in the case of an order made by the Secretary of State, the authority named in the order.

7 (1) The copy of the notice required to be served by paragraph 4(5) of Schedule 8 on a local planning authority shall, in the case of a proposal that a government department should give a direction under section 90(1) or that development should be carried out by or on behalf of a government department, be served on the local planning authority who, in the opinion of the Secretary of State, would have been responsible for dealing with an application for planning permission for the development in question if such an application had fallen to be made.

(2) References in paragraphs 3(2) and 5(1) of that Schedule to the local planning authority shall be construed as references to the local planning authority on whom that copy is required to be served.

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