Local Government (Wales) Act 1994

• (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.

Expenses

65

• (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.

Short title, commencement, extent etc

66

• (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

• (c) subsections (1) to (4) and (9) of this section,

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except that any amendment or repeal of another enactment by this Act has the same extent as the enactment amended or repealed.

SCHEDULE 1

Counties

1

For Part I of Schedule 4 to the 1972 Act substitute—

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—

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—

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

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 (c) any one or more preserved counties or parts of such counties, 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) 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 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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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SCHEDULE 3

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

SCHEDULE 4

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

SCHEDULE 5

Part I — Minor and Consequential Amendments

1

Part II of the planning Act is amended as provided in this Part of this Schedule.

2

In section 12 (preparation of unitary development plan), at the end add—

(11) Any provision made by regulations under this section in its application by virtue of section 10 may differ from that made under this section in its application by virtue of section 10A.

3

In sections 15 and 18 (adoption of unitary development plan by local planning authority, and calling in of unitary development plan for approval by Secretary of State), in subsection (3) in each case, after “unitary development plan” insert “ for an area in England ”.

4

After section 23 (joint unitary development plans), insert the following sections—

(23A) (1) A joint unitary development plan or joint proposals for the alteration or replacement of such a plan may be prepared by two or more local planning authorities in Wales for their areas if— (a) each of those areas adjoins each of the others; or (b) the Secretary of State has given his approval. (2) Subsection (1) does not apply in relation to a joint plan for any area which consists of or includes a National Park. (3) The previous provisions of this Chapter shall, in relation to any joint plan or proposals of a kind mentioned in subsection (1), have effect subject to the following provisions of this section. (4) Each of the local planning authorities by whom a joint unitary development plan is prepared shall have the duty imposed under section 13(2) of making copies of the plan available for inspection. (5) Objections to such a plan may be made to any of those authorities and the statement required by section 13(3) to accompany copies of the plan shall state that objections may be so made. (6) It shall be for each of the local planning authorities by whom a joint unitary development plan is prepared to adopt the plan under section 15(1) and, subject to the provisions of this Chapter, they may do so as respects the part of their area to which the plan relates, but any modifications subject to which the plan is adopted must have the agreement of all those authorities. (7) Where a unitary development plan has been prepared jointly, the power of preparing proposals in respect of the plan under section 21 may be exercised as respects their respective areas by any of the authorities by whom it was prepared and the Secretary of State may under that section direct any of them to prepare proposals as respects their respective areas. (8) The date of the coming into operation of a unitary development plan prepared jointly by two or more local planning authorities or for the alteration or replacement of such a plan in pursuance of proposals so prepared shall be a date jointly agreed by those authorities. (23B) (1) A unitary development plan shall be prepared for each National Park in Wales. (2) A Welsh National Park development plan shall relate to an area prescribed in relation to the National Park in question by order made by the Secretary of State. (3) The prescribed area in relation to a National Park which falls wholly within, but does not comprise the whole of, the area of a single local planning authority shall be— (a) where the local planning authority have so elected, the whole of the area of the local planning authority; and (b) in any other case— (i) the whole of the area of the National Park; or (ii) a composite area. (4) The prescribed area in relation to any other Welsh National Park shall be— (a) the whole of the area of the National Park; or (b) a composite area. (5) For the purposes of this section and section 23C, “composite area”, in relation to a National Park, means an area which consists of the whole of the Park together with any one or more other areas in Wales. (6) The Secretary of State shall not under subsection (2) prescribe an area which is a composite area except with the consent of every local planning authority in whose area the prescribed area or any part of it would fall. (7) Any order made by the Secretary of State under subsection (2) may make such saving or transitional provision as he considers appropriate. (8) Where, by an order under subsection (2), the Secretary of State prescribes a composite area which comprises or includes part only of the area of a local planning authority, the provisions of this Chapter shall apply in relation to— (a) the Welsh National Park development plan in question, or (b) any proposals for its alteration or replacement, subject to such modifications, if any, as may be prescribed by the order. (9) Subsections (3) and (4) of section 10A do not apply for the purposes of— (a) subsection (3) or (8) of this section, or (b) section 23C(1), (2) or (4). (10) For the purposes of this Act, “Welsh National Park development plan” means a unitary development plan prepared for a National Park in Wales. (23C) (1) A Welsh National Park development plan for a National Park which neither coincides with nor falls wholly within the area of a single local planning authority shall be a joint unitary development plan. (2) A Welsh National Park development plan for any other National Park shall be a joint unitary development plan if it relates to a composite area unless the composite area coincides with or falls wholly within the area of a single local planning authority. (3) Any Welsh National Park development plan which is required to be a joint plan shall be prepared by the authorities who will be the appropriate authorities in relation to the plan. (4) For the purposes of this section, an authority are an appropriate authority in relation to a joint plan if— (a) they are a local planning authority; and (b) their area or any part of their area falls within the area to which the plan relates. (5) Any proposals prepared under section 21 for the alteration or replacement of a joint plan of a kind mentioned in subsection (1) or (2) shall be joint proposals prepared by the appropriate authorities in relation to that plan, and any direction given by the Secretary of State under that section in relation to that plan shall be given jointly to those authorities. (6) Subsections (3) to (6) and (8) of section 23A apply in relation to any joint plan or proposals of a kind mentioned in subsection (1), (2) or (5) as they apply in relation to any joint plan or proposals of a kind mentioned in section 23A(1).

5

In section 26 (regulations and directions), after subsection (3) insert—

(3A) Any provision made by regulations under this section in its application by virtue of section 10 may differ from that made under this section in its application by virtue of section 10A.

6

After section 27 insert the following section—

(27A) For the purposes of the enactments mentioned in section 27, the development plan for any area in Wales shall be taken as consisting of— (a) the provisions of the unitary development plan for the time being in force for that area, together with a copy of the relevant local planning authority’s resolution of adoption or of the Secretary of State’s notice of approval or, where part of the plan has been adopted and the remainder approved, copies of the resolution and the notice; and (b) any alteration to that plan, together with a copy of the relevant local planning authority’s resolution of adoption, or the Secretary of State’s notice of approval, of the alteration or, where part of the alteration has been adopted and the remainder approved, copies of the resolution and the notice.

7

For section 29 (application of Chapter II to non-metropolitan areas), substitute—

(29) (1) This Chapter applies only to— (a) the area of any local planning authority in England outside Greater London and the metropolitan counties; and (b) any part of a National Park in a metropolitan county in England. (2) Subsection (1) is subject to the transitional provisions in— (a) Schedule 2; and (b) Part III of Schedule 5 to the Local Government (Wales) Act 1994.

Part II — Commencement of Unitary Development Plans

8

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Part III — Transitional Provisions

Introductory

9

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Application in relation to National Parks

10

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Interpretation

11

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Preparation of modified schemes

12

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Default powers

13

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Effect of adoption or approval of modified plan

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other plans to prevail over old development plans and saved local plans

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local plans to prevail over structure plans

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Development plans for compensation purposes

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation of old development plan

18

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Temporary duty in relation to existing structure plan

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Unitary development plan to prevail over other plans

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Planning blight: structure plans

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Planning blight: local plans and modified plans

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations and directions

23

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SCHEDULE 6

Part I — The 1972 Act: National Parks and Countryside Functions

1

In section 184 of the 1972 Act (National Park and countryside functions), for subsection (1) substitute—

(1) Subject to section 68 of the Environment Act 1995 (planning authority functions under National Parks legislation to be functions of National Park authorities in certain cases),the functions conferred on a local planning authority by or under the National Parks and Access to the Countryside Act 1949 and the Countryside Act 1968 shall— (a) as respects England elsewhere than in the metropolitan counties, Greater London and the Isles of Scilly, be exercisable in accordance with the following provisions of this section; and (b) as respects Wales, be exercisable in accordance with subsections (6) to (8) below.

2

Schedule 17 to the 1972 Act is amended as provided in paragraphs 13 and 14.

3

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4

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5

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6

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7

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8

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9

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10

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11

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12

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13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

In paragraph 37 (identification of local planning authority), after “in relation to land” insert “ in England ”.

Part II — Other Enactments

The National Parks and Access to the Countryside Act 1949 (c. 97)

15

• (1) In section 57 of the National Parks and Access to the Countryside Act 1949 (penalty for displaying on footpaths notices deterring public use), in subsection (3), after “district” insert “ or, where they are not the highway authority, the council of the Welsh county or county borough ”.

• (2) The provisions of section 69 of that Act (suspension of public access to avoid exceptional risk of fire) shall be subsection (1) of that section and at the end of that section add—

(2) The reference in subsection (1) of this section to the county planning authority is to be read, in relation to Wales, as a reference to the local planning authority.

• (3) In Schedule 1 to that Act (orders designating National Parks and other orders)—

• (a) in paragraph 1(3)(a), for “area of every county planning authority whose area” substitute “ every county or county borough which ”;

• (b) in paragraph 2(5), after “county planning authority” insert “ or, in Wales, the local planning authority ”.

The Local Government, Planning and Land Act 1980 (c. 65)

16

• (1) In section 148 of the Local Government, Planning and Land Act 1980 (planning control), in subsection (4) for “References” substitute “ Except in relation to land in Wales, references ”.

• (2) In Schedule 28 to that Act (powers of urban development corporations), in paragraph 11(2)(i), after “district planning authority” insert “ or, in Wales, the local planning authority ”.

The Acquisition of Land Act 1981 (c. 67)

17

• (1) In section 17 of the Acquisition of Land Act 1981 (special parliamentary procedure for purposes of acquisition of local authority and statutory undertakers’ land)—

• (a) in subsection (3), after “Planning Board,” insert “ a Welsh planning board, ”; and

• (b) in subsection (4), after the definition of “statutory undertakers” add—

• “a Welsh planning board” means a board constituted under—
• section 2(1B) of the Town and Country Planning Act 1990; or
• paragraph 3A of Schedule 17 to the Local Government Act 1972.

• (2) In paragraph 4 of Schedule 3 to that Act (acquisition of new rights over special kinds of land)—

• (a) in sub-paragraph (3), after “Planning Board,” insert “ a Welsh planning board, ”; and

• (b) in sub-paragraph (4), after the definition of “statutory undertakers” add—

• “a Welsh planning board” means a board constituted under—
• section 2(1B) of the Town and Country Planning Act 1990; or
• paragraph 3A of Schedule 17 to the Local Government Act 1972.

The Litter Act 1983 (c. 35)

18

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The Housing Act 1985 (c. 68)

19

In section 573 of the Housing Act 1985 (meaning of “public sector authority”), in subsection (1), after “the Lake District Special Planning Board” insert—

a Welsh planning board,

The Local Government Act 1988 (c. 9)

20

In Schedule 2 to the Local Government Act 1988 (public authorities for the purposes of public supply or works contracts), after “The Peak Park Joint Planning Board” insert—

A joint planning board constituted under section 2(1B) of the Town and Country Planning Act 1990. A special planning board constituted under paragraph 3A of Schedule 17 to the Local Government Act 1972.

The Local Government Finance Act 1988 (c. 41)

21

In Section 74 of the Local Government Finance Act 1988 (power of Secretary of State to make regulations authorising a levying body to issue a levy) at the end add—

(7) For the purposes of this section— (a) a Welsh joint planning board constituted under section 2(1B) of the Town and Country Planning Act 1990; and (b) a special planning board constituted under paragraph 3A of Schedule 17 to the Local Government Act 1972, shall be treated as a levying body with respect to which regulations may be made under subsection (2) above.

The Electricity Act 1989 (c. 29)

22

In Schedule 8 to the Electricity Act 1989 (consents for generating stations and overhead lines), in paragraph 2(6), in paragraph (a) omit “and Wales” and after that paragraph insert—

(aa) in relation to Wales, means a local planning authority;

.

The Local Government and Housing Act 1989 (c. 42)

23

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The Town and Country Planning Act 1990 (c. 8)

24

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 110(2) of that Act (registration of compensation for depreciation), after “district” insert “ , Welsh county, county borough ”.

• (3) In section 137(2) of that Act (service of purchase notice), after “district” insert “ , Welsh county, county borough ”.

• (4) In section 140(2) of that Act (notice to be given by Secretary of State where purchase notice referred to him), in paragraph (c)—

• (a) at the beginning, insert “ in England ”, and

• (b) after “to that board;” insert—

(cc) in Wales, to the local planning authority, where it is a joint planning board;

.

• (5) In section 188(1) of that Act (register of enforcement and stop notices), after “planning authority” insert “ , every local planning authority for an area in Wales ”.

• (6) In section 226 of that Act (compulsory acquisition of land for development and other planning purposes), in subsection (6)—

• (a) in paragraph (a), after first “county” insert “ in England ”; and

• (b) in paragraph (b), after “the district;” insert—

(bb) if the land is in Wales, consult with the council of the county or county borough;

,

and, in subsection (8), after “counties,” insert “ county boroughs, ”.

• (7) In section 227(1) of that Act (acquisition of land by agreement), after “county,” insert “ county borough, ”.

• (8) In section 231(1) of that Act (power of Secretary of State to require acquisition or development of land), after “county,” insert “ county borough, ”.

• (9) In section 247(3)(b) of that Act (highways affected by development: orders by Secretary of State), after “county council,” insert “ county borough council, ”.

• (10) In section 252 of that Act (procedure for making of orders under Part X), in subsection (12), in the definition of “local authority”—

• (a) after “county,” insert “ county borough, ”; and

• (b) after first “parish” insert “ , community ”.

• (11) In section 253(4) of that Act (procedure in relation to orders for stopping up or diversion of highways in anticipation of planning permission), after “county,” insert “ county borough, ”.

• (12) In section 307(1) of that Act (assistance for acquisition of property where objection made to blight notice in certain cases), after “county,” insert “ county borough, ”.

• (13) In section 336 of that Act (interpretation), in subsection (1)—

• (a) in the definition of “authority possessing compulsory purchase powers”, after “or county council” insert “ or county borough council ”;

• (b) in the definition of “development plan”, for “27” substitute “ 27, 27A ”; and

• (c) in the definition of “mineral planning authority”, for “1(4)” substitute “ 1 ”.

• (14) After section 336(1) of that Act insert—

(1A) In this Act— (a) any reference to a county (other than one to a county planning authority) shall be construed, in relation to Wales, as including a reference to a county borough; (b) any reference to a county council shall be construed, in relation to Wales, as including a reference to a county borough council; and (c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

• (15) In paragraph 8 of Schedule 1 to that Act (local planning authorities: distribution of functions), in sub-paragraphs (1) and (2)(a), omit “or community”.

• (16) In paragraph 3 of Schedule 13 to that Act (blighted land), for “for the district in which it” substitute “ where the land ”.

• (17) In paragraph 1 of Schedule 14 to that Act (procedure for footpaths and bridleways orders)—

• (a) in sub-paragraph (2)(b)(ii), after first “rural parish” insert “ or community ”; and

• (b) in sub-paragraph (3), in the definition of “council”, after “county council,” insert “ a county borough council, ”.

• (18) In Part I of Schedule 16 to that Act (provisions referred to in sections 314 to 319 of that Act), for “Section 1(1), (2), (3) and (5)” substitute “ Section 1(1) to (3), (5) and (6) ”.

• (19) In paragraph 4 of Schedule 17 to that Act (enactments exempted from section 333(6)), after “a county council” insert “ , county borough council ”.

...

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Planning (Hazardous Substances) Act 1990 (c. 10)

26

• (1) In section 1 of the Planning (Hazardous Substances) Act 1990 (hazardous substances authorities: general), after “district” insert “ , Welsh county, county borough ”.

• (2) In section 3(1) of that Act (hazardous substances authorities: other special cases), after “non-metropolitan county” insert “ in England ”.

The Planning (Consequential Provisions) Act 1990 (c. 11)

27

In Schedule 3 to the Planning (Consequential Provisions) Act 1990 (transitional provisions and savings), in paragraph 8(1), after “district planning authority” insert “ or, in Wales, the local planning authority ”.

The Environmental Protection Act 1990 (c. 43)

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government (Overseas Assistance) Act 1993 (c. 25)

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

Part I — Highways

The Highways Act 1980 (c. 66)

1

• (1) Section 1 of the Highways Act 1980 (which makes general provision for determining the highway authority) is amended as follows.

• (2) After subsection (3) insert—

(3A) In Wales the council of a county or county borough are the highway authority for all highways in the county or, as the case may be, the county borough, whether or not maintainable at the public expense, which are not highways for which the Minister is the highway authority under subsection (1) above.

• (3) After subsection (4) add—

(5) Subsection (3A) above is subject to any provision of this Act, or of any order made under this or any other Act, by virtue of which a council other than the Welsh council for the area in which the highway is situated are the highway authority.

2

• (1) Section 6 of that Act (delegation etc. of functions with respect to trunk roads) is amended as follows.

• (2) After subsection (1A) of that section insert—

(1B) The Minister shall not delegate functions to a council under subsection (1) above with respect to a trunk road or land outside their area but in Wales except after consultation with the Welsh council in whose area it is situated; and subsection (1A) does not apply in relation to a trunk road or land in Wales.

.

• (3) In subsection (6) of that section—

• (a) after “the county council” insert “ (the “responsible council”) ”;

• (b) after first “district council” insert “ or Welsh council (the “contracting council”) ”; and

• (c) for “district” in the second place in which it occurs substitute “ contracting ”.

• (4) In subsection (6A) of that section, for “district council” substitute “ contracting council ” and after paragraph (b) insert—

(c) with respect to a trunk road or land in Wales but outside the area— (i) of the responsible council; and (ii) of the contracting council, except after consultation with the Welsh council in whose area the trunk road or land is situated.

3

In section 8(4) of that Act (restrictions on certain agreements between local highway authorities)—

• (a) after first “county” insert “ (other than one in Wales) ”;

• (b) after “another county” insert “ or county borough ”;

• (c) for “the counties” substitute “ their areas ”;

• (d) after “or of a county” insert “ or county borough ”; and

• (e) after “the other county” insert “ or, as the case may be, county borough ”.

4

In section 36(7) of that Act (highways maintainable at public expense), after “the council of a county” insert “ in England ”.

5

In section 47(3) of that Act (procedure for applications with regard to unnecessary highways), after “relating to any highway” insert “ in England ”.

6

In section 67 of that Act (guard-rails in private streets), in subsection (5), at the end add “but, in relation to a street in Wales, means a Welsh council”.

7

In section 69 of that Act (subways), in subsection (3) at the end add “or, in the case of a road in Wales, as if the Welsh council in whose area it is situated were the highway authority for it”.

8

In section 79 of that Act (prevention of obstruction at corners), after subsection (3) insert—

(3A) In relation to any land in Wales— (a) subsection (3) above does not apply; but (b) if the Minister is the highway authority, he shall not serve a notice restraining the erection of any building on the land except with the consent of the Welsh council in whose area the land is situated.

9

In section 100 of that Act (drainage of highways), after subsection (6) insert—

(6A) In subsection (6) above, “the district council” shall be read, in relation to Wales, as “the Welsh council”. (6B) Where the highway authority are a Welsh council— (a) subsection (6) above does not apply; but (b) before exercising any powers under sections 158, 159, 163, 165 and 168 of the Water Industry Act 1991 by virtue of subsection (5) above, they shall give notice of their intention to do so— (i) to the sewerage undertaker; and (ii) where they propose to exercise those powers outside their county or county borough, to the Welsh council or, as the case may be, the district council within whose area the powers are proposed to be exercised.

10

In section 114 of that Act (provision of public conveniences), after subsection (2) insert—

(2A) In subsection (2) above, the reference to the council of the district in which the conveniences will be situated shall be read in relation to Wales as a reference to the Welsh council in whose area the conveniences will be situated. (2B) Where the highway authority referred to in subsection (1) above are or, as the case may be, will be a Welsh council— (a) subsection (2) above does not apply; but (b) before providing any conveniences under subsection (1) above outside their county or county borough they shall give notice of their intention to do so to the Welsh council or, as the case may be, the district council in whose area the conveniences will be situated.

11

In section 116(3) of that Act (notice of application to stop up or divert highway), after paragraph (a) insert—

(aa) if the highway is in Wales, the Welsh council for the area in which it is situated if they are not the highway authority for it; and

;

12

In section 120 of that Act (exercise of powers under sections 118 to 119A), in subsection (2)(a), for “the” immediately before “other council” substitute “ any ”.

13

In section 151 of that Act (prevention of soil etc. being washed on to street), after subsection (1) insert—

(1A) In relation to a street in Wales, the competent authorities for the purposes of this section are the highway authority for the street and, if different, the Welsh council in whose area the street is situated.

14

In section 154 of that Act (overhanging and dangerous trees etc.), after subsection (1) insert—

(1A) In subsection (1)(a) above, any reference to a district includes a reference to a Welsh county or county borough.

15

In section 166 of that Act (forecourt abutting on streets), in subsection (5), after “Middle Temple,” insert “ a Welsh council ”.

16

In section 185 of that Act (power to install refuse or storage bins in streets), in subsection (1)(a), for “also” substitute “ if different ”.

17

In section 204(2) of that Act (advance payments code), at the end add—

(3) The areas in which the advance payments code applies by virtue of subsection (2)(b) above shall be taken to include any area in Wales— (a) which is, or is in, a county borough; and (b) in which the code applied immediately before 1st April 1996 by virtue of that subsection.

18

• (1) Section 205 of that Act (street works in private streets), is amended as follows.

• (2) After subsection (4) insert—

(4A) In the case of a street in Wales— (a) subsection (4) above does not apply; but (b) if the street works referred to in the resolution under subsection (1) above— (i) are to be carried out in a part of the street which is treated as being in the area of a street works authority other than the local Welsh council for it; and (ii) include the sewering of the street, the proper officer of the council which are the street works authority shall, when preparing the specification required by subsection (3) above, consult the local Welsh council for it.

• (3) At the end of subsection (5) add—

and, in the case of any part of a street in Wales which is treated as being in the area of a street works authority which are not the local Welsh council for it, at the offices of the local Welsh council. (5A) For the purposes of this section, the local Welsh council for a street in Wales are the council of the county or county borough in which it is situated.

19

In section 210 of that Act (power to amend specification, apportionment, etc), at the end of subsection (2) insert “ and, in the case of any part of a street in Wales, the Welsh council for the county or county borough in which it is situated, if different from the street works authority in whose area it is treated as situated. ”

20

In section 219 of that Act, (exceptions to application of advance payments code), after subsection (4) insert—

(4A) In subsection (4)(c) above, “district council” is to be read in relation to plans deposited on or after 1st April 1996 for a building to be erected in Wales as “Welsh council”.

21

In section 220 of that Act (determination of payments under advance payments code), in subsection (1), after first “subsection (2)” insert “ or (2A) ”, after “district council” insert “ or Welsh council ” and for second “subsection (2)” substitute “subsections (2) and (2A)” and, after subsection (2), insert—

(2A) Where any required plans which— (a) are deposited with a Welsh council; and (b) relate to the erection of a building in an area— (i) in which the advance payments code is in force; but (ii) which is treated as being within the area of a street works authority other than that Welsh council, are passed, the Welsh council shall, in any case to which section 219 above may be applicable, within one week inform the street works authority of that event.

22

In section 223 of that Act (determination to cease to have effect when plans not proceeded with), at the end add—

(7) In any case— (a) to which this section may be applicable; and (b) which relates to plans for the erection of a building in any part of a street in Wales which is treated as being in the area of a street works authority other than the Welsh council for the county or county borough in which it is situated, the Welsh council shall within one week inform the street works authority of the happening of any event of a kind described in paragraphs (a) to (c) of subsection (6) above.

23

In section 232 of that Act (power to treat as a private street land designated by development plan), in subsection (9), for “27” substitute “ 27, 27A ”.

24

In section 264 of that Act (vesting of drains etc. of certain roads), at the end insert—

(4) Subsection (3)(a) above does not apply in Wales.

25

After section 272(5) of that Act (advances for purposes of works under section 96) insert—

(5A) In relation to any work done in exercise of their powers under section 96 by a Welsh council in a highway within their area for which they are not the highway authority, subsection (5) above applies as though the reference to a district council were a reference to the Welsh council.

26

In section 287 of that Act (power to erect barriers in streets in cases of emergency etc.), in subsection (6), at the end add “but, in relation to Wales, means a Welsh council”.

27

• (1) Section 329 of that Act (further provision as to interpretation) is amended as follows.

• (2) In subsection (1)—

• (a) in the definition of “local authority”, at the end add “but, in relation to Wales, means a Welsh council”; and

• (b) at the end add—

“Welsh council” means the council of a Welsh county or county borough.

• (3) After subsection (2) insert—

(2A) In this Act— (a) any reference to a county shall be construed in relation to Wales as including a reference to a county borough; (b) any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and (c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

• (4) After subsection (3) of that section insert—

(3A) In a case where two or more communities are grouped under a common community council, references in this Act to a community are to be construed as references to those communities.

28

In Schedule 9 to that Act (improvement lines and building lines), after paragraph 2 insert—

(2A) Paragraph 2 above does not apply in relation to a street or highway in Wales.

29

In Schedule 12 to that Act (provisions as to orders under section 116 of that Act), in paragraph 1(d) after “district council” insert “ if the highway is a classified road in a Welsh county or county borough and the council of that county or county borough is not the highway authority, to the council of that county or county borough ”.

The Conwy Tunnel (Supplementary Powers) Act 1983 (c. 7)

30

In section 8(4)(b) of the Conwy Tunnel (Supplementary Powers) Act 1983 (provisions supplementary to section 7), for “the Aberconwy Borough Council” substitute “ the Aberconwy and Colwyn County Borough Council ”.

The Level Crossings Act 1983 (c. 16)

31

In section 1(11) of the Level Crossings Act 1983 (interpretation), in the definition of “local authority”—

• (a) omit “and Wales”, and

• (b) after “City of London” insert “, in relation to Wales, means any council of a county or county borough”.

The New Roads and Street Works Act 1991 (c. 22)

32

• (1) In section 94 of the New Roads and Street Works Act 1991 (power of street authority or district council to undertake street works), after subsection (1) insert—

(1A) In subsection (1), the reference to a district council, is to be read, in relation to Wales, as a reference to a county council or a county borough council.

• (2) In paragraph 2 of Schedule 2 to that Act (procedure in connection with toll orders), in sub-paragraph (3), after “City of London” insert “ but, in relation to Wales, means a county council or county borough council ”.

The Severn Bridges Act 1992 (c. 3)

33

• (1) In section 39(1) of the Severn Bridges Act 1992 (interpretation), in the definition of “local authority”, at the end insert “ but, in relation to Wales, means a county council or a county borough council ”.

• (2) In paragraph 8 of Schedule 2 to that Act (correction of deposited plans), in sub-paragraph (3), for “Monmouth Borough Council” substitute “ Monmouthshire County Council ”.

• (3) In of Schedule 3 to that Act (other highway works)—

• (a) in paragraph 6(4)(b), for “Gwent County Council” substitute “ Monmouthshire County Council ”; and

• (b) in paragraph 8(3), omit “Gwent County Council”.

The Transport and Works Act 1992 (c. 42)

34

• (1) In section 11 of the Transport and Works Act 1992 (inquiries and hearings), in subsection (4), after “the Council of the Isles of Scilly” insert “ , a county borough council, ”.

• (2) In section 14 of that Act (publicity for making or refusal of orders), in subsection (7), at the end insert “ but are, in relation to Wales, county councils and county borough councils ”.

• (3) In section 48 of that Act (footpaths and bridleways over railways), in subsection (8), in the definition of “local authority” after “City of London” insert “ , a county borough council, ”.

Part II — Road Traffic and Transport

The Transport Act 1968 (c. 73)

35

In section 159 of the Transport Act 1968 (interpretation), at the end add—

(3) In this Act— (a) any reference to a county (other than one to a metropolitan county) shall be construed in relation to Wales as including a reference to a county borough; (b) any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and (c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

The Public Passenger Vehicles Act 1981 (c. 14)

36

In section 82 of the Public Passenger Vehicles Act 1981 (general interpretation provisions), at the end add—

(3) In this Act— (a) any reference to a county shall be construed in relation to Wales as including a reference to a county borough; (b) any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and (c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

The Transport Act 1981 (c. 56)

37

In section 35 of the Transport Act 1981 (charges for licensing of cabs and cab drivers), after subsection (3) insert—

(3A) In subsection (3) above, references to a district council shall be read, in relation to Wales, as references to a county council or a county borough council.

The Road Traffic Regulation Act 1984 (c. 27)

38

• (1) In section 39 of the Road Traffic Regulation Act 1984 (supplementary provisions as to exercise of powers under sections 32 to 35 in England or Wales), in subsection (4), omit “a district council in Wales proposes to make an order under section 32 or 35 of this Act, or”, and after subsection (7) insert—

(7A) Subsection (7) above does not apply in Wales.

• (2) In section 44 of that Act (control of off-street parking outside Greater London)—

• (a) in subsection (1)(a), for “Welsh counties” substitute “ Welsh counties or county boroughs, by the county council or (as the case may be) county borough council ”; and

• (b) in subsection (3)(b) omit “and counties in Wales”.

• (3) In section 45(7) of that Act (definition of “local authority” for purposes of sections making provision for parking on highways)—

• (a) in paragraph (b), for the words “or of a district” substitute “ or county borough ”; and

• (b) omit “in England and Scotland” and the words from “and in Wales” to the end.

• (4) In section 49 of that Act (supplementary provisions as to designation orders and designated parking places), omit subsection (3).

• (5) Omit section 54 of that Act (designation orders in Wales).

• (6) In section 55 of that Act (financial provisions relating to designation orders)—

• (a) in subsections (2) and (4)(a) after “general fund” insert “ or, in Wales, council fund ”; and

• (b) omit subsection (6).

• (7) In section 59 of that Act (consents for, and provisions as to use of, parking places under section 57(1)(b)), in subsection (2), in paragraph (b) omit “or community” and after that subsection insert—

(2A) In subsection (2) above, paragraph (b) and the words which follow it do not apply in relation to Wales.

• (8) In section 100 of that Act (interim disposal of vehicles removed under section 99), in subsection (5), in paragraph (b) of the definition of “local authority”, for “or of a district” substitute “ or county borough ”.

• (9) In section 125(4) of that Act (boundary roads), omit the words from “or, in relation to” to the end.

• (10) In section 142 of that Act (interpretation), after subsection (1) insert—

(1A) In this Act— (a) any reference to a county shall be construed in relation to Wales as including a reference to a county borough; (b) any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and (c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

• (11) In Schedule 9 to that Act (special provisions as to certain orders)—

• (a) omit paragraph 11;

• (b) in paragraph 24, for “sections 39 and 54” substitute “ section 39 ”; and

• (c) in paragraph 27(2), omit “54(5)”.

The Transport Act 1985 (c. 67)

39

• (1) In section 63(4) of the Transport Act 1985 (functions of local councils with respect to passenger transport outside passenger transport areas), omit “and Wales”.

• (2) In section 64(1) of that Act (consultation and publicity with respect to policies as to services), omit “and Wales”.

• (3) In section 66(1) of that Act (exclusions of powers of certain councils to run bus undertakings) for “and Wales” substitute “ a county council or county borough council in Wales ”.

• (4) Section 81 of that Act (provision, maintenance and operation of bus stations) is amended as provided in subsections (5) to (7).

• (5) After subsection (2) insert—

(2A) Where, immediately before 1st April 1996, a council (the “former council”) had power, by virtue of subsection (2) above, to maintain, repair and operate a bus station and any associated facilities, that power is, on and after that date, exercisable— (a) where the bus station and any such associated facilities— (i) was or were, immediately before 1st April 1996, situated wholly within the area of the former council, and (ii) is or are, on and after that date, situated wholly within a single Welsh county or county borough, by the council of that county or county borough; and (b) in any other case, by such Welsh county council or county borough council as the Secretary of State may by order designate.

• (6) After subsection (5) of that section insert—

(5A) Any Welsh county council or county borough council by whom any power is exercisable in relation to a bus station and any associated facilities by virtue of subsection (2A) above shall have power— (a) to make reasonable charges for the use of accommodation for public service vehicles at that bus station; and (b) to make reasonable charges for the use of, or let on hire to any person, those facilities (if any).

• (7) In subsection (6) of that section, for “(3) or (5)” substitute “ (3), (5) or (5A) ”.

• (8) In section 87 of that Act (interpretation of Part IV), at the end add—

and (f) references to a district council shall be read, in relation to Wales, as references to a county council or county borough council, and references to a district shall be so read as references to a county or, as the case may be, county borough.

• (9) In section 105 of that Act (travel concessions on services provided by local authorities), after subsection (2) insert—

(2A) In subsection (2) above, the reference to the general fund shall be read, in relation to Wales, as a reference to the council fund.

• (10) In section 137 of that Act (general interpretation), after subsection (2) insert—

(2A) In this Act— (a) any reference to a county shall be construed in relation to Wales as including a reference to a county borough; (b) any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and (c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

The Road Traffic Act 1988 (c. 52)

40

• (1) In section 192 of the Road Traffic Act 1988 (general interpretation of Act), after subsection (1) insert—

(1A) In this Act— (a) any reference to a county shall be construed in relation to Wales as including a reference to a county borough; and (b) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

• (2) In paragraph 1(b) of Schedule 2 to that Act (deferred tests of condition of vehicles)—

• (a) omit “and Wales”; and

• (b) after “Greater London” insert “ in such county or county borough in Wales ”.

The Road Traffic Offenders Act 1988 (c. 53)

41

• (1) Section 4 of the Road Traffic Offenders Act 1988 (offences for which local authorities in England and Wales may institute proceedings) is amended as follows.

• (2) In subsection (5)—

• (a) for “or district” substitute “ or county borough ”; and

• (b) omit the words from “except, in Wales,” to the end.

• (3) After subsection (7) add—

(8) In relation to Wales, any reference in subsections (1) to (4) above to a county shall be read as including a reference to a county borough.

The Road Traffic Act 1991 (c. 40)

42

In section 47 of the Road Traffic Act 1991 (applications for licences to drive hackney carriages etc.), after subsection (2) add—

(3) In subsection (2), the reference to a district council shall be read in relation to Wales as including a reference to a county council or county borough council.

43

In Schedule 3 to the Road Traffic Act 1991 (permitted and special parking areas outside London)—

• (a) in paragraphs 1(1)(a) and 2(1)(a), omit “and Wales”;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) omit paragraphs 1(1)(e) (except the word “or” immediately before paragraph (f)) and (2) and 2(2).

SCHEDULE 8

The Leasehold Reform Act 1967 (c. 88)

1

• (1) In section 28 of the Leasehold Reform Act (retention or resumption of land required for public purposes), after subsection (6) insert—

(6A) In subsections (5) and (6) above, any reference to a county council shall be read, in relation to Wales, as including a reference to a county borough council.

• (2) In Schedule 4A to that Act (exclusion of certain shared ownership leases), in paragraph 2(2)(a), after “county,” insert “ county borough, ”.

The Rent (Agriculture) Act 1976 (c. 80)

2

In section 5 of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or to local authority, etc.), in subsection (3)(a), after “county” insert “ , county borough ”.

The Rent Act 1977 (c. 42)

3

• (1) In section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority, etc.), in paragraph (a), after “county” insert “ or county borough ”.

• (2) In section 62 of that Act (registration areas for registration of rents), in paragraph (a), after “counties” insert “ and county boroughs ”.

• (3) In section 83 of that Act (local authorities for Part V), in paragraph (a), after “question,” insert—

(aa) in a Welsh county or county borough, the council of the county or county borough in question,

.

• (4) In section 124(8) of that Act (which defines “local authority” for the purposes of that section), at the end add “ or, in Wales, the council of a county or county borough ”.

• (5) In section 149 of that Act (powers of local authorities for the purposes of giving information), in subsection (2), after paragraph (a) insert—

(aa) councils of Welsh counties and county boroughs;

.

The Protection from Eviction Act 1977 (c. 43)

4

• (1) In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences), in subsection (8)(a), after “county,” insert “ county borough, ”.

• (2) In section 6 of that Act (prosecution of offences), after paragraph (a) insert—

(aa) councils of Welsh counties and county boroughs;

.

The Housing Act 1985 (c. 68)

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In Schedule 1 to the Housing Act 1988 (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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

The 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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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— - “collection authority” means a county council or county borough council; and - “disposal authority” means a county council or county borough council.

• (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), . . . 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 subsection (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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

The 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Part I — Water

The 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 Drainage

The 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, ”.