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Local Government (Wales) Act 1994 (c. 19)(The document as of February, 2008) Page 9 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 5 (1) In section 1 of the Housing Act 1985 (local housing authorities), after "City of London" insert "a Welsh county council or county borough council". (2) In section 2(1) of that Act (the district of a local housing authority), after "City of London" insert "the Welsh county or county borough,". (3) In section 4 of that Act (other descriptions of authority), in paragraph (e), after "county," insert "county borough,". (4) In section 14 of that Act (exercise of powers by authority outside district), in subsection (2), in paragraph (b), after "outside that county" insert "but in England" and after that subsection insert-- " (2A) Where a Welsh county council or county borough council propose to exercise the power in England they shall before doing so give notice of their intention to the council of the county in which they propose to exercise the power, but failure to give notice does not invalidate the exercise of the power. " ; and, in subsection (3), after "county," insert "county borough,". (5) In section 16(2) of that Act (exercise outside Greater London of powers of authorities in London), after "district" insert "or, in Wales, of the county or county borough". (6) In section 28 of that Act (reserve powers to provide housing accommodation), in subsection (1), after "councils" insert "in England". (7) In sections 105(6)(b) and 106(3)(b) of that Act (consultation on matters of housing management and information about housing allocation), after "district" insert ", Welsh county or county borough" in each place. The Housing Associations Act 1985 (c. 69)6 (1) In section 34 of the Housing Associations Act 1985 (provision of land by county councils), in subsection (1), after "wishes to erect houses" insert "in England". (2) In section 106(1) of that Act (minor definitions: general), in the definition of "local authority", after "county," insert "county borough,". The Landlord and Tenant Act 1985 (c. 70)7 In section 38 of the Landlord and Tenant Act 1985 (minor definitions), in the definition of "local authority" after "county" insert "county borough". The Landlord and Tenant Act 1987 (c. 31)8 In section 58 of the Landlord and Tenant Act 1987 (exempt landlords and resident landlords), in subsection (1)(a) after "county" insert ", county borough". The Housing Act 1988 (c. 50)9 (1) In section 66(4) of the Housing Act 1988 (planning control), in paragraph (a), immediately before "Greater London" insert "Wales,". (2) In Schedule 1 to that Act (tenancies which cannot be assured tenancies), in paragraph 12(2)(a) (local authority tenancies etc.), after "county," insert "county borough,". The Local Government and Housing Act 1989 (c. 42)10 (1) In section 114 of the Local Government and Housing Act 1989 (approval of applications to provide certain facilities for the disabled), in subsection (1), for "the local housing authority" substitute "a local housing authority in England". (2) In section 127(3) of that Act (ineligibility for certain bodies as assisted participants in group repair scheme), in paragraph (a) after "county," insert "county borough,". (3) In section 172 of that Act (transfer of new town housing stock)-- (a) in subsections (2)(a) and (7)(c), after "district council" insert "or Welsh county council or county borough council" in both places; and (b) in subsection (2)(a), for second "district" substitute "area". The Social Security Administration Act 1992 (c. 5)11 In section 15A of the Social Security Administration Act 1992 (payment out of benefit of sums in respect of mortgage interest etc.), in subsection (3)(d), after "county council," insert "county borough council,". SCHEDULE 9 [Section 22(3).] Public HealthThe Celluloid and Cinematograph Film Act 1922 (c. 35)1 In section 9 of the Celluloid and Cinematograph Film Act 1922 (definitions), in the definition of "local authority", after "of a county" insert "or county borough". The Petroleum (Consolidation) Act 1928 (c. 32)2 In section 2(1)(c) of the Petroleum (Consolidation) Act 1928 (local authorities empowered to grant petroleum-spirit licences outside Greater London), after "county council" insert "or county borough council". The Public Health Act 1936 (c. 49)3 (1) In section 1 of the Public Health Act 1936 (local authorities), in paragraph (a) of subsection (1), at the beginning insert "except in Wales," and omit "or community", and after that paragraph insert-- " (aa) in Wales, the county council or county borough council as respects all matters, without prejudice, however, to the exercise by a community council of any powers conferred upon such a council; " . (2) In subsection (2) of section 1-- (a) in the definition of "district", at the end add "and, in relation to a local authority in Wales, means a county or (as the case may be) county borough"; and (b) in the definition of "local authority", at the end add "but, in relation to Wales, means the council of a county or county borough". (3) In section 6 of that Act (union of districts, etc.), at the end add-- " (6) In relation to Wales, the proviso in subsection (2) of this section does not apply and subsection (4) of this section applies as if the words "and also the county council" and "or council" were omitted. " (4) In section 267 of that Act (application to ships and boats), after subsection (2) insert-- " (2A) Subsection (2) of this section does not apply if the point on land which is nearest to the spot where the vessel is lying is in Wales. " (5) In section 309 of that Act (expenses of joint boards), at the end add-- " (6) In subsection (5) of this section, the reference to a county council shall not include a reference to the council of a Welsh county or county borough. " The Rag Flock and Other Filling Materials Act 1951 (c. 63)4 In section 35 of the Rag Flock and Other Filling Materials Act 1951 (interpretation), in the definition of "local authority", at the end add "but, in relation to Wales, means the council of a county or county borough;". The Nurses Agencies Act 1957 (c. 16)5 In section 2 of the Nurses Agencies Act 1957 (licensing of agencies), at the end of subsection (1) add "but, in relation to a county or county borough in Wales, means the council of that county or county borough." The Scrap Metal Dealers Act 1964 (c. 69)6 In section 9(2) of the Scrap Metal Dealers Act 1964 (interpretation), in the definition of "local authority", after "London borough" insert "but, in relation to Wales, means the council of a county or county borough". The Riding Establishments Act 1964 (c. 70)7 In section 6(4) of the Riding Establishments Act 1964 (interpretation), in the definition of "local authority", after "City of London;" insert "in Wales means the council of a county or county borough;". The Fire Precautions Act 1971 (c. 40)8 In section 43(1) of the Fire Precautions Act 1971 (interpretation), in the definition of "local authority", in paragraph (a) omit "and Wales" and after that paragraph insert-- " (aa) as respects Wales, the council of a county or county borough; " . The Health and Safety at Work etc. Act 1974 (c. 37)9 In section 53(1) of the Health and Safety at Work etc. Act 1974 (general interpretation of Part I), in the definition of "local authority", in paragraph (a) omit "and Wales" and after that paragraph insert-- " (aa) in relation to Wales, a county council or a county borough council, " . The Control of Pollution Act 1974 (c. 40)10 (1) In section 22 of the Control of Pollution Act 1974 (street cleaning etc), in subsection (4), in the definition of "local authority", after "City of London" insert "but, in relation to Wales, means the council of a county or county borough". (2) In section 30 of that Act (interpretation etc. of Part I), in subsection (1), after "following subsection" insert "and to subsection (6) below", and at the end add-- " (6) In the application of this Part of this Act to Wales--
(3) In section 73(1) of that Act (interpretation of Part III), in paragraph (a) of the definition of "local authority" omit "and Wales" and after "Middle Temple;" insert-- " (aa) in Wales, the council of a county or a county borough; " . (4) In section 98 of that Act (interpretation of Part V), in paragraph (a) of the definition of "relevant authority" omit "and Wales" and at the end of that paragraph insert-- " (aa) in Wales, the Secretary of State, a county council or a county borough council and, for the purposes of sections 91 to 93 of this Act, a sewerage undertaker; and " . (5) In section 105(1) of that Act (general interpretation), after ""county"" insert ", "county borough"". The Refuse Disposal (Amenity) Act 1978 (c. 3)11 In section 11(1) of the Refuse Disposal (Amenity) Act 1978 (interpretation), in paragraph (c) of the definition of "local authority", for "district council" substitute "county council or county borough council". The Litter Act 1983 (c. 35)12 The provisions of section 10 of the Litter Act 1983 (interpretation) shall be subsection (1) of that section, and at the end of that section add-- " (2) In the application of this Act in relation to Wales, any reference to a county shall be read as including a reference to a county borough and any reference to a county council shall be read as including a reference to a county borough council. " The Public Health (Control of Disease) Act 1984 (c. 22)13 (1) In section 1 of the Public Health (Control of Disease) Act 1984 (authorities administering the Act), in subsection (1), after paragraph (a) insert-- " (aa) in Wales, a county council or county borough council, " ; and in subsection (4)(c), after "county councils" insert "or county borough councils". (2) In section 13 of that Act (regulations for control of certain diseases), in subsection (4)(a), after "county councils," insert "county borough councils,". (3) In section 53 of that Act (interpretation of Part IV), in the definition of "canal", after "county" insert "or county borough". (4) In section 64 of that Act (restriction on right to prosecute), in subsection (2)(a), after "district council" insert "Welsh county council, county borough council". (5) In section 74 of that Act (general interpretation), in the definition of "district", at the end add "and, in relation to a local authority in Wales, means a county or county borough". The Food Act 1984 (c. 30)14 In section 61 of the Food Act 1984 (interpretation for Part III), in the definition of "local authority", after "parish" insert "council but, in relation to Wales, means a county council, county borough council". The Building Act 1984 (c. 55)15 (1) In section 18 of the Building Act 1984 (building over sewer etc.), after subsection (2) insert-- " (2A) In subsection (2) above, the reference to the council of the district or borough shall be read, in relation to Wales, as a reference to the council of the county or county borough. " (2) In section 87 of that Act (application of provisions to Crown property), after subsection (2) insert-- " (2A) Subsection (2) above shall apply in relation to property in Wales as if-- (a) in paragraph (a) the reference to a county included a reference to a county borough; and (b) paragraph (b) were omitted. " (3) In section 126 of that Act (general interpretation), in the definition of "local authority", after "Isles of Scilly" insert "but, in relation to Wales, means the council of a county or county borough;". The Food Safety Act 1990 (c. 16)16 (1) In section 5 of the Food Safety Act 1990 (definition of food authority), in subsection (1) omit "and Wales", and after that subsection insert-- " (1A) Subject to subsection (3)(a) and (b) below, the food authorities in Wales are, as respects each county or county borough, the council of that county or county borough. " (2) In section 27(5) of that Act (appointment of public analysts), after "district" insert "in England". The Environmental Protection Act 1990 (c. 43)17 (1) In section 4(11) of the Environmental Protection Act 1990 (which defines "local authority" for the purposes of Part I), in paragraph (b), at the beginning insert "in England" and after "Isles of Scilly;" insert-- " (bb) in Wales, a county council or county borough council; " . (2) In section 30 of that Act (authorities for purposes of Part II), for each of subsections (1)(f) and (2)(f) substitute-- " (f) for any county or county borough in Wales, the council of the county or county borough; " . (3) In subsection (3) of section 30, in paragraph (a) omit "and Wales" and after paragraph (b) insert-- " (bb) for any county or county borough in Wales, the council of the county or county borough; " . (4) In section 50(5)(a) of that Act (consultation in relation to waste disposal plans), omit sub-paragraph (iii). (5) In section 79(7) of that Act (miscellaneous definitions for purposes of Part III), in paragraph (b) of the definition of "local authority", at the beginning insert "in England" and after "council;" insert-- " (bb) in Wales, a county council or county borough council; " . (6) In section 86 of that Act (preliminary provisions relating to litter), in subsection (2), after paragraph (a) insert-- " (aa) a county borough council, " . (7) In subsection (9)(b) of section 86, at the beginning insert "in England" and after "district;" insert-- " (bb) in Wales, the council of the county or county borough; " . (8) In section 88 of that Act (fixed penalty notices for leaving litter), in subsection (9)-- (a) in paragraph (a), for "a county" substitute "an English county"; and (b) in paragraph (b), immediately before "county council" insert "English". (9) In that Act, in each of-- (a) section 90(3) (litter control areas), (b) section 92(1) (summary proceedings by litter authorities), and (c) section 95(1) (public registers), for "a" immediately before "county council" substitute "an English", and immediately before each of "regional" and "joint" insert "a". (10) In section 93(1) of that Act (street litter control notices), for "a" immediately before "county council" substitute "an English", and immediately before "regional" insert "a". (11) In section 99(5) of that Act (provisions relating to abandoned trolleys), in paragraph (d), after "Isles of Scilly;" insert-- " (dd) in Wales, the council of a county or county borough; " . (12) In section 143 of that Act (public registers of land which may be contaminated), in subsection (6), in paragraph (b) of the definition of "local authority", omit "and Wales" and after "council;" insert-- " (bb) in Wales, a county council or county borough council; " . (13) In section 149 of that Act (seizure of stray dogs), in subsection (11), in the definition of "local authority" omit "and Wales" and after "Isles of Scilly" insert "in relation to Wales, means a county council or a county borough council". The Clean Air Act 1993 (c. 11)18 In section 64(1) of the Clean Air Act 1993 (general provisions as to interpretation) in the definition of "local authority", in paragraph (a) omit "and Wales" and after "Middle Temple" insert-- " (aa) in Wales, the council of a county or county borough; " . SCHEDULE 10 [Section 22(4).] Social ServicesThe Children and Young Persons Act 1933 (c. 12)1 (1) Section 96 of the Children and Young Persons Act 1933 (provisions as to local authorities) is amended as follows. (2) In subsection (1A), at the end add "but, in relation to Wales, shall be the councils of counties and county boroughs". (3) After subsection (4) insert-- " (4A) Subsection (4) above does not apply in relation to the council of any Welsh county or county borough. " The National Assistance Act 1948 (c. 29)2 (1) In section 47 of the National Assistance Act 1948 (removal to suitable premises of persons in need of care and attention), in subsection (12), after "City of London" insert ", in Wales the councils of counties and county boroughs". (2) In section 64(1) of that Act (interpretation), in the definition of "local authority" at the end add "but in relation to Wales means the council of a county or county borough". The Disabled Persons (Employment) Act 1958 (c. 33)3 In section 3 of the Disabled Persons (Employment) Act 1958 (provision of sheltered employment by local authorities), in subsection (5), omit "or Wales" and at the end add "and in relation to Wales, the council of a county or county borough". The Children and Young Persons Act 1963 (c. 37)4 (1) In section 56 of the Children and Young Persons Act 1963 (prosecution of certain offences), after subsection (1) insert-- " (1A) Subsection (1) above shall have effect in relation to Wales as if the reference to a county were a reference to a Welsh county or county borough. " (2) In section 63 of that Act (interpretation), in subsection (1A), after "metropolitan counties)," insert "of county boroughs,". The Health Services and Public Health Act 1968 (c. 46)5 (1) In section 45 of the Health Services and Public Health Act 1968 (promotion, by local authorities, of the welfare of old people), in subsection (11), after "county, or of a" insert "county borough,". (2) In section 64 of that Act (financial assistance to certain voluntary organisations), in subsection (3)(b), after "non-metropolitan county," insert "county borough,". (3) In section 65 of that Act (which makes similar provision relating to financial assistance by local authorities), in subsection (3)(a), after "county, or of a" insert "county borough,". The Children and Young Persons Act 1969 (c. 54)6 In section 70(1) of the Children and Young Persons Act 1969 (interpretation), in the definition of "local authority", after "county or of a" insert "county borough,". The Local Authority Social Services Act 1970 (c. 42)7 In section 1 of the Local Authority Social Services Act 1970 (local authorities for the purposes of the Act), at the end add "but, in relation to Wales, shall be the councils of counties and county boroughs". The Chronically Sick and Disabled Persons Act 1970 (c. 44)8 In section 21 of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons), in subsection (8), omit "or Wales" and after "London borough" insert ", the council of a Welsh county or county borough". The Adoption Act 1976 (c. 36)9 In section 72(1) of the Adoption Act 1976 (interpretation), in the definition of "local authority", after "City of London" insert "but, in relation to Wales, means the council of a county or county borough". The Supplementary Benefits Act 1976 (c. 71)10 In Schedule 5 to the Supplementary Benefits Act 1976 (re-establishment courses and resettlement units)-- (a) in paragraph 2(2), after "counties" insert ", of county boroughs"; and (b) in paragraph 4(2), after "county," insert "a county borough,". The National Health Service Act 1977 (c. 49)11 (1) In section 22 of the National Health Service Act 1977 (co-operation between health authorities and local authorities), in the Table, in column 2 of the entry relating to an Area or District Health Authority in Wales, after "county" insert "or county borough" and after first "district" insert "in England". (2) In section 28A of that Act (power to make payments towards expenditure on community services), in subsection (2)(b), after "district council," insert "or to a Welsh county council or county borough council,". (3) In section 128(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 social services authority", after "county," insert "of a county borough". (4) In Schedule 7 to that Act (Community Health Councils), in paragraph 7, in the definition of "local authority", for "of a county or district mentioned in section 20(3) of that Act (which relates to Wales)" substitute "the council of a Welsh county or county borough". The Health and Social Services and Social Security Adjudications Act 1983 (c. 41)12 In Part II of Schedule 9 to the Health and Social Services and Social Security Adjudications Act 1983 (meals and recreation for old people)-- (a) in paragraphs 1 and 2, after "council" insert "or Welsh county council or county borough council" in each place; and (b) in paragraph 3, after "district councils" insert "or Welsh county councils or county borough councils" in all places. The Children Act 1989 (c. 41)13 In section 105 of the Children Act 1989 (interpretation), in the definition of"local authority" in subsection (1), omit "and Wales" and after "City of London" insert ", in relation to Wales, the council of a county or a county borough". The National Health Service and Community Care Act 1990 (c. 19)14 In section 46 of the National Health Service and Community Care Act 1990 (local authority plans for community care services), in subsection (3), in the definition of "local authority", after "county," insert "a county borough,". SCHEDULE 11 [Section 22(5).] Water, Land Drainage and Coast ProtectionPart I WaterThe Reservoirs Act 1975 (c. 23)1 In section 2 of the Reservoirs Act 1975 (functions of local authorities), in subsection (1)-- (a) omit "and Wales"; and (b) after "London boroughs" insert ", in Wales, the councils of counties and county boroughs". The Water Industry Act 1991 (c. 56)2 (1) In section 191 of the Water Industry Act 1991 (duties to make recreational facilities available when building reservoirs in Wales), in subsection (2)(b), for "district" substitute "county or county borough". (2) In section 219 of that Act (interpretation), in subsection (1), in the definition of "local authority", at the end add "but, in relation to Wales, means the council of a county or county borough". The Water Resources Act 1991 (c. 57)3 (1) In section 10 of the Water Resources Act 1991 (composition of regional flood defence committees), in subsection (5), after "county," insert "county borough,". (2) In section 13 of that Act (composition of local flood defence committees), in subsection (7), after "county," insert "county borough,". (3) In section 140 of that Act (appeals relating to contributions from internal drainage boards), in subsection (1)(b), after "county" insert ", county borough". (4) In section 167 of that Act (power to dispose of spoil in connection with flood defence works), in subsection (3), after "London borough" insert "or Welsh county or county borough". (5) In section 184 of that Act (duties to make recreational facilities available when building reservoirs in Wales), in subsection (2)(b), for "district" substitute "county or county borough". (6) In section 221 of that Act (general interpretation), in the definition of "local authority" in subsection (1), after "county," insert "county borough,". (7) In Schedule 8 to that Act (proceedings on applications for drought orders), in the Table in paragraph 1(2), for "a county" in each place substitute "an English county". (8) In Schedule 14 to that Act (orders transferring main river functions to the Authority), in paragraph 2(2)(a), after "county council" insert ", county borough council". (9) In Schedule 15 to that Act (drainage charges), in paragraph 13(4), after "London borough" in each place insert "or Welsh county or county borough". (10) In Schedule 16 to that Act (schemes imposing special drainage charges)-- (a) in paragraph 1(2)(a)(i), after "county," insert "county borough,"; and (b) in paragraph 3(2)(a), after "county council" insert ", county borough council". (11) In Schedule 19 to that Act (orders conferring compulsory works powers), in paragraph 1(3)(a), for "a county" substitute "an English county". Part II Land DrainageThe Land Drainage Act 1991 (c. 59)4 (1) In section 10 of the Land Drainage Act 1991 (exercise of default powers by local authorities), in subsection (1), after "county," insert "county borough,". (2) In section 14 of that Act (general drainage powers of boards and local authorities), in subsection (4)(b), for "a county" substitute "an English county". (3) In section 15 of that Act (disposal of spoil by boards and local authorities), in subsection (5), for "London borough," substitute "London borough or Welsh county or county borough,". (4) In section 16 of that Act (exercise of local authority powers under sections 14 and 15), in subsection (1), for "subsection (3)" substitute "subsections (3) and (3A)", in subsection (2), after "borough council" insert "or Welsh county council or county borough council", and at the end add-- " (3A) Subsection (1) above does not apply in relation to powers conferred on a Welsh county council or county borough council. " (5) In section 18 of that Act (drainage of small areas), after subsection (1) insert-- " (1A) Subsection (1) above has effect in relation to land in Wales with the omission of the words "other than a district council". " (6) In section 20 of that Act (arrangements with other persons for carrying out drainage works), at the end add-- " (5) Subsection (2) above has effect in relation to Wales with the omission of "other than the council of a non-metropolitan district". 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