Statutory Instrument 1996 No. 910

The Local Government Reorganisation (Wales) (Capital Finance and Miscellaneous Provisions) Order 1996

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1996 No. 910

LOCAL GOVERNMENT, ENGLAND AND WALES
WALES

FINANCE

The Local Government Reorganisation (Wales) (Capital Finance and Miscellaneous Provisions) Order 1996

Made	26th March 1996

Laid before Parliament

27th March 1996

Coming into force

1st April 1996

The Secretary of State for Wales, in exercise of the powers conferred on him by section 54(1) and (2)(e) of the Local Government (Wales) Act 1994^[1], section 64(8) of the Environment Act 1995^[2], and of all other powers enabling him in that behalf, hereby makes the following Order:

PART I
GENERAL

Citation and commencement
    1.    This Order may be cited as the Local Government Reorganisation (Wales) (Capital Finance and Miscellaneous Provisions) Order 1996, and shall come into force on 1st April 1996.

Interpretation
    2.    In this Order, except where the context otherwise requires—
"the 1989 Act" means the Local Government and Housing Act 1989^[3];


"the 1994 Act" means the Local Government (Wales) Act 1994;


"the 1990 Regulations" means the Local Authorities (Capital Finance) Regulations 1990^[4];


"the Property Order" means the Local Government Reorganisation (Wales) (Property etc.) Order 1996^[5];


"designated authority", in relation to an old authority, means the new authority designated with respect to that old authority under paragraph 12 of Schedule 17 to the 1994 Act^[6];


"divided old authority" means an old authority which has two or more successor authorities;


"fire authority" means a fire authority constituted by a combination scheme made under section 6 of the Fire Services Act 1947^[7] in consequence of the provisions of the 1994 Act;


"National Park authority" means a National Park authority in Wales established under Part III of the Environment Act 1995;


"new authority" means a county or county borough council established under the 1994 Act;


"old authority" means a county or district council which will cease to exist as a result of the 1994 Act;


"participant authority", in relation to a divided old authority, means any successor authority other than the designated authority, except that in article 7 it does not include a fire authority;


"relevant functions" means the functions of an old authority which by virtue of any relevant statutory provision have, on or before 1st April 1996, become functions of a successor authority;


"relevant statutory provision" means any provision made by or under—
 (a) the Fire Services Act 1947,
 (b) the Local Government (Wales) Act 1994, or
 (c) Part III of the Environment Act 1995;


"successor authority", in relation to an old authority, means a new authority, a fire authority, or a National Park authority, by which relevant functions of the old authority are exercisable; and


"undivided old authority" means an old authority which has only one successor authority.

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Notes:

[1] 1994 c. 19.

[2] 1995 c. 25.

[3] 1989 c. 42.

[4] S.I. 1990/432; relevant amendments are made by S.I. 1993/3054, 1995/798 and 850, and 1996/568.

[5] S.I. 1996/532.

[6] A council has been designated in relation to each old authority; see the Local Authorities (Closure of Accounts) (Wales) Order 1995 (S.I. 1995/1043).

[7] 1947 c. 41; the application of section 6 is modified by section 23 of the 1994 Act in relation to combination schemes for new authorities made before 1 April 1996.

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