Local Government (Wales) Act 1994

• (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”.

• (7) In section 55 of that Act (powers to borrow), in subsection (2), after “county” insert “ , county borough ”.

• (8) In section 57 of that Act (contributions by the NRA to expenses of internal drainage boards), in subsection (4)(b), after “county” insert “ , county borough ”.

• (9) In section 58 of that Act (allocation of NRA revenue for its functions as an internal drainage board), in subsection (4), after “county” insert “ , county borough ”.

• (10) In section 62 of that Act (powers to acquire land), in subsection (2), after “London borough” insert “ or Welsh county or county borough ”.

• (11) In section 66 of that Act (powers to make byelaws), in subsections (1) and (2), for “a county” in each place substitute “ an English county ”.

• (12) In section 72 of that Act (interpretation), in the definition of “local authority” in subsection (1), after “county,” insert “ county borough, ”.

• (13) In Schedule 2 to that Act (expenses and proceedings etc of internal drainage boards), in paragraphs 4(1)(b) and 5(1)(b), after “county” in each place insert “ , county borough ”.

• (14) In Schedule 3 to that Act (procedure with respect to certain orders), in paragraph 2(2)(a), after “county council”, insert “ , county borough council ”.

• (15) In Schedule 4 to that Act (schemes for small drainage works), in paragraph 3(2), after “county,” insert “ county borough, ”.

Part III — Coast Protection

The Coast Protection Act 1949 (c. 74)

5

• (1) In section 2 of the Coast Protection Act 1949 (constitution of coast protection boards), in subsection (2)(a), after “county” insert “ (other than one in Wales) ”.

• (2) In section 20 of that Act (contributions towards expenses of coast protection)—

• (a) in subsection (1), omit “or Wales”;

• (b) in subsection (4), omit “or Wales”;

• (c) in subsection (5), for “or Wales” substitute “ , the council of a county or county borough in Wales ”.

• (3) In section 21 of that Act (grants), in subsection (1)(b), after “county” insert “ or county borough ”.

• (4) In section 22 of that Act (incidental use of land acquired for coast protection), in subsection (2), for “or Wales” substitute “ , the council of a county or county borough in Wales ”.

• (5) In section 45 of that Act (service of notices and other documents), in subsection (1)(b), after “county,” insert “ county borough, ”.

• (6) In section 49 of that Act (interpretation), in the definition of “maritime district”, after second “district” insert “ or Welsh county or county borough ”.

• (7) In Schedule 1 to that Act (orders), in paragraph 1(a), after “county,” insert “ county borough, ”.

SCHEDULE 12

The 1972 Act

1

In section 148 of the 1972 Act (principal councils’ funds and accounts) at the end add—

(6) This section does not apply in relation to a Welsh county council or county borough council.

The Local Government Finance Act 1988 (c. 41)

2

After section 89 of the Local Government Finance Act 1988 insert—

(89A) This Part does not apply to a Welsh county council or county borough council (for whom provision as to the establishment of a council fund is made by section 38 of the Local Government (Wales) Act 1994).

3

In section 111(2) of that Act (relevant authorities for purposes of provisions relating to financial administration) after paragraph (a) insert—

(aa) a county borough council,

.

The Local Government Finance Act 1992 (c. 14)

4

• (1) Section 32 of the Local Government Finance Act 1992 (calculation of budget requirement) is amended as follows.

• (2) In subsection (3)(a), after “fund” insert “ or (as the case may be) council fund ”.

• (3) After subsection (3) insert—

(3A) In the case of any billing authority in Wales, subsection (3)(a) above does not require the estimation of sums payable into their council fund in respect of council tax or non-domestic rates.

• (4) In subsection (7)(a)(i), after “general fund” insert “ or (as the case may be) council fund ”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In subsection (9)(b), for “(8)” substitute “ (8B) ”.

5

• (1) Section 33 of that Act (calculation of basic amount of council tax) is amended as follows.

• (2) In subsection (1), after “general fund” insert “ or (as the case may be) council fund ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In section 35 of that Act (definition of “special items”), at the end add—

(4) Subsection (2) above shall have effect in relation to a Welsh county council or county borough council as if for paragraphs (b) and (c) there were substituted— (”) any expenses incurred by a billing authority and arising in connection with property which it holds in trust for a part of its area are its special expenses; (c) any expenses incurred by a billing authority which relate to a part of its area and which are of the same kind as expenses which— (i) relate to another part of its area; and (ii) are to be met out of property held in trust for that part; are its special expenses;”. (5) Expenses of a billing authority are not to be treated as its special expenses for the purposes of subsection (1) above if they are expenses of meeting a levy issued to it by, or anticipated by it from— (a) a Welsh joint planning board constituted under section 2(1B) of the Town and Country Planning Act 1990 for a united district which comprises or includes the whole or part of the area of a National Park; or (b) a special planning board constituted under paragraph 3A of Schedule 17 to the Local Government Act 1972.

7

In sections 37 . . . of that Act (substitute calculations), . . . in subsection (5)(a), after “general fund” insert “ or (as the case may be) council fund ”.

8

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

SCHEDULE 13

Membership

1

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

Status

2

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

Tenure of office of members

3

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

Remuneration etc. of members

4

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

House of Commons and Northern Ireland Assembly disqualification

5

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

Proceedings

6

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

Application of seal and proof of instruments

7

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

Access to documents

8

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

Giving of advice to Secretary of State

9

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

Reports and information

10

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

Acquisitions and disposals

11

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

Power of Secretary of State to give directions

12

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

Application of receipts

13

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

Funding

14

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

Accounts

15

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

Audit

16

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

Parliamentary supervision

17

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

Winding up

18

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

Application of other enactments

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

SCHEDULE 14

Membership

1

• (1) The Commission shall consist of not less than 4 and not more than 7 members, at least one of whom shall be Welsh-speaking.

• (2) The members shall be appointed by the Secretary of State.

• (3) The Secretary of State shall appoint one of the members to be chairman.

• (4) Subject to the provisions of this paragraph, each member shall hold and vacate office in accordance with the terms of his appointment.

• (5) A person who ceases to be a member shall be eligible for re-appointment.

• (6) A member may resign his office by notice in writing to the Secretary of State.

• (7) The Secretary of State may remove a member from office if he is satisfied that the member—

• (a) is unable or unfit to carry out the functions of a member; or

• (b) has not complied with the terms of his appointment.

• (8) A person shall cease to be chairman of the Commission—

• (a) if he resigns by notice in writing to the Secretary of State; or

• (b) if he ceases to be a member of the Commission.

Remuneration, pensions etc.

2

• (1) The Commission shall pay to its members such remuneration and allowances (if any) as the Secretary of State may determine.

• (2) The Commission shall—

• (a) pay such pensions, allowances or gratuities to or in respect of any persons who have been or are its members as the Secretary of State may determine;

• (b) make such payments as the Secretary of State may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons.

• (3) If, when any member ceases to hold office, the Secretary of State determines that there are special circumstances which make it right that that member should receive compensation, the Commission shall pay to him by way of compensation such sum as the Secretary of State may determine.

• (4) The consent of the Treasury is required for any determination of the Secretary of State under this paragraph.

Staff

3

• (1) The Commission shall appoint a person to act as its secretary and may appoint such other staff as it may determine.

• (2) The consent of the Secretary of State is required for the appointment of any person as secretary to the Commission.

• (3) The terms and conditions of appointment of any person under this paragraph shall be determined by the Commission with the consent of the Secretary of State.

• (4) The Commission shall pay to its staff such remuneration, and such allowances, as the Secretary of State may determine.

• (5) The Commission may—

• (a) pay such pensions, allowances or gratuities to or in respect of any persons who have been or are members of its staff as the Secretary of State may determine;

• (b) make such payments as the Secretary of State may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons.

• (6) Any reference in sub-paragraph (5) to pensions, allowances or gratuities to or in respect of any persons includes a reference to payments by way of compensation to or in respect of any members of the Commission’s staff who suffer loss of office or employment or loss or diminution of emoluments.

• (7) The consent of the Treasury is required for the giving of any consent under sub-paragraph (3) or for the making of any determination under sub-paragraph (4) or (5).

Incidental powers

4

• (1) Without prejudice to any powers exercisable apart from this paragraph, the Commission shall have power to do anything (whether or not involving the acquisition or disposal of any property or rights) which—

• (a) is calculated to facilitate the carrying out of any of its functions; or

• (b) is conducive or incidental to the carrying out of its functions.

• (2) The Commission shall not by virtue of this paragraph have power to borrow money or to cause any local inquiry to be held.

• (3) Where the Commission asks a public body to supply it with any information which it reasonably requires in connection with any of its functions, it shall be the duty of that body to supply the Commission with that information.

• (4) The Secretary of State may give directions as to the exercise by the Commission of its powers under this paragraph.

Proceedings

5

• (1) Subject to the following provisions of this Schedule, the Commission may regulate its own proceedings.

• (2) The validity of any proceedings of the Commission shall not be affected by a vacancy amongst its members or by a defect in the appointment of a member, or by a contravention of paragraph 7.

Delegation of powers

6

Anything authorised or required by or under this Act to be done by the Commission may be done by—

• (a) any member of the Commission, or of its staff, who has been authorised for the purpose, whether generally or specially, by the Commission; or

• (b) any committee or sub-committee of the Commission which has been so authorised.

Members’ interests

7

• (1) A member who is directly or indirectly interested in any matter brought up for consideration at a meeting of the Commission shall disclose the nature of his interest to the meeting.

• (2) Where such a disclosure is made, the member shall not take part in any deliberation or decision of the Commission with respect to that matter.

Application of seal and proof of instruments

8

• (1) The application of the seal of the Commission shall be authenticated by the signature of any member of the Commission, or of its staff, who has been authorised by the Commission, whether generally or specially, for the purpose.

• (2) Any document purporting to be a document duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is shown, be deemed to have been so executed.

Finances of the Commission

9

• (1) The Secretary of State shall, in respect of each accounting year, pay to the Commission such amount as he may, with the consent of the Treasury, determine to be the amount required by the Commission for the discharge of its functions during that year.

• (2) In this paragraph and paragraph 10 “accounting year” means the period beginning with the day on which the Commission is established and ending with the financial year current on that day, and each successive financial year.

Accounts

10

• (1) The Commission shall—

• (a) keep proper accounts and records in relation to the accounts; and

• (b) prepare in respect of each accounting year a statement of accounts in such form as the Secretary of State may, with the consent of the Treasury, direct.

• (2) The accounts shall be audited by persons appointed for the purpose for each accounting year by the Secretary of State.

• (3) A copy of any accounts audited under sub-paragraph (2) and of the report made on those accounts by the persons appointed to audit them shall be sent to the Secretary of State as soon as is reasonably practicable after the report is received by the Commission.

• (4) The Secretary of State shall lay before each House of Parliament a copy of any accounts or report sent to him under this paragraph.

The Parliamentary Commissioner

11

In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), insert at the appropriate place— “ The Staff Commission for Wales (Comisiwn Staff Cymru) ”.

House of Commons and Northern Ireland Assembly disqualification

12

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified for membership of the House of Commons) and in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified for membership of the Northern Ireland Assembly), insert at the appropriate place— “ The Staff Commission for Wales (Comisiwn Staff Cymru) ”.

Winding up

13

• (1) The Commission shall use its best endeavours to secure that its work is completed as soon as practicable and in any event by the end of the transitional period.

• (2) In this paragraph “the transitional period” means the period of three years beginning with the commencement of section 40.

• (3) Subject to sub-paragraph (4), the Commission shall be wound up at the end of the transitional period.

• (4) The Secretary of State may by order provide for sub-paragraph (3) to have effect with the substitution for the transitional period of such longer period as may be specified in the order.

SCHEDULE 15

1

The 1972 Act is amended as follows.

2

For section 22(4) (which makes provision with respect to the chairmen of principal councils), substitute—

(4) The chairman of a principal council shall have precedence in the area of that council, but not so as to affect Her Majesty’s prerogative prejudicially.

3

After section 25, insert—

(25A) (1) The chairman of a county borough council is entitled to the style of “mayor” or “maer”. (2) The vice-chairman of a county borough council is entitled to the style of “deputy mayor” or “dirprwy faer”.

4

In section 30 (restriction on community applications during certain periods)—

• (a) in subsection (1), omit paragraph (a) (including “or” at the end) and in paragraph (b), for “the county or district” substitute “ any area ”;

• (b) omit subsection (2);

• (c) in subsection (3), for “district” substitute “ principal ”;

• (d) in subsection (4), for “subsections (1) and (2)” substitute “ subsection (1) ”, for “district” substitute “ area ”; and

• (e) in subsection (5), for “or 29” substitute “ , 29 or 29A ”.

5

In section 31 (provisions supplementary to sections 27 to 29)—

• (a) in subsection (1), for “27, 28 or 29” substitute “ 28, 29 or 29A ”; and

• (b) for “district” substitute (in both places) “ principal ”.

6

For section 37 (establishment of new authorities in Wales), substitute—

(37) Schedule 5 to this Act shall have effect with respect to the establishment of principal councils in Wales and connected matters.

7

• (1) In section 54(1) (proposals for changes in local government areas in Wales), for “district” substitute “ principal ” and for paragraphs (b) and (c) substitute—

(b) the constitution of a new local government area by— (i) amalgamating two or more principal areas or two or more communities; (ii) aggregating parts of principal areas or parts of communities; or (iii) separating part of a principal area or part of a community; (c) the abolition of a principal area and its distribution among other principal areas; (cc) the abolition of a community and its distribution among other areas of the like description;

.

• (2) Before section 54(2) insert—

(1B) Where the Welsh Commission make proposals for the constitution of a new principal area, those proposals shall specify whether the new area should be a county or a county borough.

8

• (1) In section 55(1) (review of local government areas in Wales), for “counties and districts” substitute “ principal areas ” and for “county or district” substitute “ principal area ”.

• (2) In section 55(2)—

• (a) for the words from “Upon the completion” to “whole of their district” substitute “ It shall be the duty of each Welsh principal council to keep the whole of their area ”;

• (b) for “in their district” substitute “ in their area ”; and

• (c) for “the district council” substitute (in both places) “ the principal council ”.

• (3) In section 55(3)—

• (a) for “any district” substitute “ any principal area ”;

• (b) for “that district or” substitute “ that principal area or ”;

• (c) for “the district council” substitute “ the principal council ”; and

• (d) for “that district for” substitute “ that principal area for ”.

• (4) In section 55(4)—

• (a) for “one district” substitute “ one principal area ”; and

• (b) for “districts” substitute (in both places) “ principal areas ”.

• (5) In section 55(5), for “district council” substitute “ principal council ”, in paragraph (a) omit “(other than a community which is co-extensive with a district)” and after paragraph (e) insert—

(f) the alteration of the boundaries of any preserved county;

.

9

• (1) In section 56(2) (power of Secretary of State to direct holding of reviews)—

• (a) for “the council of a district” substitute “ a principal council ”; and

• (b) for “their district” substitute (in both places) “ their area ”.

• (2) In section 56(3)—

• (a) for “any district” substitute “ any principal area ”;

• (b) for “that district” substitute (in both places) “ that principal area ”; and

• (c) for “the district council” substitute “ the principal council ”.

• (3) In section 56(4), for “district” substitute (in both places) “ principal ”.

• (4) In section 56(5)—

• (a) for “district” substitute “ principal ”; and

• (b) for “local government areas” substitute “ any areas ”.

10

• (1) In section 57(2) (substantive changes in electoral arrangements)—

• (a) for “counties” substitute “ principal areas ”; and

• (b) for “Schedule 10 below” substitute “ section 64 of this Act (as substituted by the Local Government (Wales) Act 1994) ”.

• (2) In section 57(4)—

• (a) for “the council of each district” substitute “ each principal council ”;

• (b) for “their district” substitute “ their area ”; and

• (c) for “district council” substitute (in both places) “ principal council ”.

• (3) In section 57(5) to (7), for “district” substitute (in each place) “ principal ”.

11

• (1) In section 58(1) (Commission’s reports and their implementation), for “district” substitute “ principal ”.

• (2) In section 58, for subsection (4) substitute—

(4) Any statutory instrument containing an order under this section which— (a) alters the area of a principal council, (b) alters the area of a preserved county, or (c) abolishes a principal area, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

12

In section 59 (directions about reviews)—

• (a) in subsection (1), for “the council of a district” substitute “ a principal council ”; and

• (b) in subsection (2), omit “all or any class of”.

13

• (1) Section 60 (procedure for reviews) is amended as follows.

• (2) For “district” substitute (in each place) “ Welsh principal ”.

• (3) In subsection (4)(b), for “any principal council” substitute “ the principal council and of any other principal council in Wales ”.

• (4) In subsection (5) omit “or a district council”.

• (5) After subsection (5) insert—

(5A) Where a Welsh principal council make a report, proposals or recommendations under this Part of this Act they shall— (a) make copies of the report, proposals or recommendations available for inspection at their offices for the period mentioned in subsection (5)(b) above; (b) take the steps mentioned in subsection (5)(a); and (c) comply with the requirements of subsection (5)(b) above in relation to any other principal council in Wales whose area may be affected by the report, proposals or recommendations.

• (6) In subsection (6), for “(5)” substitute “ (5A) ”.

14

In section 61 (local inquiries), for “district” substitute (in both places) “ Welsh principal ”.

15

In section 67 (consequential and transitional provisions relating to Part IV), omit subsection (5)(f).

16

In section 69 (variation and revocation of orders made under Part IV)—

• (a) in subsections (2) and (3) for “district” substitute “ Welsh principal ”;

• (b) in subsection (4), for first “district” substitute “ Welsh principal ” and omit second “district”; and

• (c) in subsection (6), for “a county council” substitute “ any predecessor of a Welsh principal council ”, for “new district” substitute “ Welsh principal area ” and for “the district” substitute “ that area ”.

17

• (1) In section 71(1) (modification of seaward boundaries), for “county” substitute (in each place) “ area ”.

• (2) At the end of section 71 add—

(6) In subsection (1) above, “area” (except in “area of the sea”) means any local government area in Wales and any preserved county. (7) No order may be made under this section extending any area into England.

18

In section 72(2) (accretions from the sea), omit “or community” (in both places) and after subsection (2) insert—

(2A) Every accretion from the sea or part of the sea-shore which is annexed to and incorporated with a community under this section shall be annexed to and incorporated with the principal area and the preserved county in which that community is situated.

19

At the end of section 73 (alteration of local boundaries consequent on alteration of water-course) add—

(4) For the purposes of this section a preserved county is an area of local government.

20

• (1) In section 74 (change of name of local authority area), in subsection (1), after “county” insert (in both places) “ , county borough ”.

• (2) In section 74, after subsection (2) insert—

(2A) Where a Welsh principal area which has, by charter or other grant or incorporation order, been granted the status of a county borough, city or royal borough subsequently changes the name of the council in pursuance of this section, the charter or other grant or incorporation order shall have effect as if the new name were substituted for the old.

• (3) In section 74(3) and (4), omit “or by virtue of a resolution under section 21(5) above”.

• (4) In section 74(4), after “county” insert “ , county borough ”.

• (5) At the end of section 74 add—

(6) The name of a Welsh principal area shall not be changed under this section before 1st October 1996 except with the consent of the Secretary of State. (7) If the name of a Welsh principal area is changed under this section, and there are generally accepted alternative English and Welsh forms of that name, or alternative English and Welsh names, both forms of the new name or (as the case may be) both names shall be published.

21

• (1) In section 76 (change of name of community)—

• (a) in subsection (1), for “district” substitute “ principal area ”;

• (b) in subsections (2) and (3), omit “or by virtue of a resolution under section 33(2B) above”; and

• (c) in subsection (2), for “district” substitute (in both places) “ principal ”.

• (2) At the end of section 76 add—

(4) If the name of any community is changed under this section, and there are generally accepted alternative English and Welsh forms of that name, or alternative English and Welsh names, both forms of the new name or (as the case may be) both names shall be published.

22

In section 78(2) (electoral arrangements), after “every” insert “ Welsh principal council and ”.

23

In section 83(1) (declaration of acceptance of offence) after “county” insert “ , county borough ”.

24

In section 91(1) (temporary appointment of members of community councils), after “district council” insert “ or Welsh principal council ”.

25

In section 97 (removal or exclusion of disability, etc.)—

• (a) in subsection (1), for first “or” substitute “ council, the principal council, as respects a member of a ” and omit “district” in the second and third places; and

• (b) in subsections (2) and (3), omit “district”.

26

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

27

In section 103 (expenses of joint committees), in paragraph (a), for “or communities or groups of parishes or communities” substitute “ or groups of parishes ” and after “council” insert—

(aa) in any case in which those authorities are the councils of communities or groups of communities situated in the same principal area, by the council of that area;

.

28

In section 125 (compulsory acquisition of land on behalf of community council) at the end add—

(8) In relation to Wales— (a) references in this section to a district council are to be read as references to a principal council; and (b) references to a district are to be read as references to a principal area.

29

In section 134(2) (use of schoolrooms etc. in community), in paragraph (c), for “county council or district council” substitute “ principal council ”.

30

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

31

In section 140B (insurance of voluntary assistants of probation committees), at the end add—

(3) In relation to Wales— (a) subsections (1) and (2)(a) above shall have effect as if they referred to a principal council; and (b) subsection (2)(a) above shall have effect as if it referred to the area of the principal council.

32

In section 141 (research and collection of information), at the end add—

(3) This section shall have effect in relation to Wales— (a) as if any reference to a council were a reference to a principal council; and (b) as if any reference to a county were a reference to a principal area.

33

In section 146 (transfer of securities on alteration of area etc.), after subsection (1) insert—

(1A) In relation to Wales, subsection (1)(b) above shall have effect as if the reference to a county council were a reference to a principal council.

34

In section 150(3) (expenses of community meetings where there is no community council), for “district” substitute “ principal area ”.

35

In section 180(1) (local authorities and sanitary authorities for certain enactments relating to public health), after paragraph (d) insert—

(e) for a Welsh county or county borough, be the county council or county borough council;

.

36

In section 181 (water and sewerage)—

• (a) in subsection (1), add at the end “ and for any principal area in Wales, be the principal council ”; and

• (b) in subsection (2), at the end add “ except that for any area in Wales it shall be the principal council ”.

37

In section 187(3) (notices deterring public use of footpaths) after “district council” insert “ or, where they are not the highway authority, a Welsh principal council ”.

38

In section 189(3) (town and village greens etc.)—

• (a) in paragraph (c), after “district” insert “ or Welsh principal area ”; and

• (b) in the words following that paragraph, after “district” insert “ or (as the case may be) area ”.

39

In section 191 (ordnance survey)—

• (a) in subsection (2), after “district council” insert “ (or, in Wales, a principal council) ”;

• (b) in subsection (4)(a), after “require” insert “ (or, in Wales, the principal council) ”;

• (c) in subsection (4)(b), after “require” insert “ (or, in Wales, the principal council) ”; and

• (d) in subsection (5), after “any” insert “ preserved county or ”.

40

In section 195 (social services)—

• (a) in subsection (2) after first “county” insert “ in England ”; and

• (b) in subsection (3) omit “as amended by subsection (1) above”.

41

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

42

Omit section 207 (public libraries and museums in Wales).

43

In section 213(1) (local licence duties), omit “and Wales” and at the end add “ and, in Wales, be vested in the principal councils ”.

44

In section 214(1) (cemeteries and crematoria) after “councils of” insert “ Welsh counties, county boroughs ”.

45

• (1) Section 215 (maintenance of closed churchyard) is amended as follows.

• (2) In subsection (2)(c) for “district” substitute “ county or county borough ”.

• (3) In subsection (3)—

• (a) for first “district” substitute “ district, Welsh county or (as the case may be) county borough ”; and

• (b) for “council of the district” substitute “ local authority to whom the notice is given ”.

46

In section 225 (deposit of documents with proper officer of authority), in subsection (2) for “district council” substitute “ principal council ”.

47

• (1) Section 226 (custody of community documents) is amended as follows.

• (2) In subsections (1) and (3)(c), for “district council” substitute “ principal council ”.

• (3) In subsection (4), after “if the area is in” insert “ Wales or in ”.

• (4) In subsection (5), omit “or community council” (in both places).

• (5) At the end add—

(6) Subsection (5) above shall also apply in relation to community councils but as if the functions conferred by it were functions of the principal council.

48

In section 227 (provision of depositories for community documents), in both subsections (1) and (2), omit third “or community” and after “is situated” insert “ or the council of the principal area in which the community is situated ”.

49

In section 235 (power of councils to make byelaws for good rule and government and suppression of nuisances), in subsection (1) after first “district” insert “ the council of a principal area in Wales ” and after second “district” insert “ principal area ”.

50

In section 236 (procedure etc. for byelaws), in subsection (9), after “district council” insert “ or in Wales of a principal council ” and after subsection (10) insert—

(10A) Subsection (10) above does not apply to a principal council in Wales.

51

In section 245 (status of communities)—

• (a) in subsections (6) to (9) omit “or community” (in each place);

• (b) in subsection (6) omit “or a community meeting”; and

• (c) in subsection (9) omit “or a community meeting in Wales”.

52

• (1) Section 246 (powers, privileges and rights in relation to former cities and boroughs) is amended as follows.

• (2) After subsection (2) insert—

(2A) Any powers to appoint local officers of dignity exercisable immediately before 1st April 1996 in relation to any area by the council of a district in Wales by virtue of a charter granted under section 245 above shall, on and after that date, be exercisable in relation to that area by the council of the principal area in which, on that date, that area becomes comprised. (2B) Where on 1st April 1996 that area becomes comprised partly in each of two or more principal areas, those powers shall be exercised on and after that date by such of the councils of those principal areas as may be agreed between them, or, in default of agreement, as the Secretary of State may designate.

• (3) In subsection (6), after first “subject to” insert “ subsection (2A) above, ”.

53

In section 247 (transfer of armorial bearings from old to new authorities), at the end add—

(3) Subsections (1) and (2) above also apply in relation to new principal councils in Wales and authorities which ceased to exist as a result of the Local Government (Wales) Act 1994 but as if the reference to April 1, 1974 were a reference to 1st April 1996.

54

In section 248 (freemen and inhabitants of pre-1974 boroughs), at the end add—

(6) This section shall have effect in relation to Wales as if— (a) in subsections (2) and (3) the references to the relevant district council were references to the relevant principal council; and (b) in subsection (2) the reference to the council of the district were a reference to the council of the principal area.

55

In section 249 (honorary aldermen and freemen), after subsection (6) insert—

(7) A principal council in Wales may, by such a resolution as is required by subsection (5) above, admit to be honorary freemen of the county or county borough persons of distinction and persons who have, in the opinion of the council, rendered eminent services to the county or county borough. (8) The admission of a person to be an honorary freeman under subsection (7) above shall not confer on him any such rights as are referred to in section 248(4) above. (9) A principal council in Wales shall, in relation to any person on whom they have conferred the title of honorary alderman or whom they have admitted to be an honorary freeman, have the same powers as are conferred by subsection (6) above.

56

In section 255(1) (transfer of officers), for “27, 28 or 29” substitute “ 28, 29 or 29A ”.

57

In section 270(1) (interpretation), in the definition of “new”, after “Act” add “ including one established by virtue of any provision of the Local Government (Wales) Act 1994 ”.

58

In Schedule 4 (local government areas in Wales), omit Part IV.

59

In Schedule 8 (constitution and proceedings of the Welsh Commission), in paragraph 8—

• (a) at the end of paragraph (b) add “ , and ”; and

• (b) omit paragraph (d) and the word “and” immediately before it.

60

Omit Schedule 10 (initial reviews in Wales).

61

In Schedule 11 (rules to be observed in considering electoral arrangements), in paragraph 3(2)(b) and (c), omit the words “or community” (in each place).

62

In paragraph 35 (1) of Schedule 12 (minutes of proceedings of community meeting), for “district” substitute “ principal area ”.

63

In paragraph 28 of Schedule 14 (consent of highway authority required in connection with functions relating to clocks, drinking fountains etc.) after “district council” insert “ or, where they are not the highway authority, the council of a Welsh principal area ”.

64

In paragraph 55 of Schedule 16 (applications for certificates of appropriate alternative development)—

• (a) in sub-paragraph (1), for “Elsewhere” substitute “ In England, elsewhere ”; and

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

65

• (1) Schedule 26 (cemeteries and crematoria) is amended as follows.

• (2) In paragraph 4, in paragraph (a) omit “or communities” in both places, and after paragraph (a) insert—

(aa) where those authorities are the councils of communities or groups of communities situated in the same principal area, by the council of that principal area;

.

• (3) In paragraph 7, after “district council” insert “ or Welsh principal council ” and after second “district” insert “ or Welsh principal area ”.

• (4) In paragraph 8, after “district council” insert “ or Welsh principal council ” and after second “district” insert “ or (as the case may be) principal area ”.

• (5) In paragraph 11, in sub-paragraph (1) omit “or community” and after that sub-paragraph insert—

(1A) Subject to the provisions of any order made under section 214(3) above, a Welsh principal council may make byelaws with respect to the management of any cemetery provided by them and a community council may adopt for any cemetery provided by them any byelaws made under this paragraph by the principal council and duly confirmed.

66

In paragraph 20 of Schedule 29 (certificates under Schedule 3 to the Gas Act 1965), after sub-paragraph (2) insert—

(3) Sub-paragraph (2) above does not apply in relation to Wales.

SCHEDULE 16

The Burial Act 1859 (c. 1)

1

In section 1 of the Burial Act 1859 (failure to comply with Order in Council) after “City of London” insert “ or Welsh county council or county borough council ”.

The Game Licences Act 1860 (c. 90)

2

In section 14 of the Game Licences Act 1860 (obligations of persons licensed to deal in game) the words “from the justices of the peace” shall cease to have effect.

The Explosives Act 1875 (c. 17)

3

In subsection (3) of section 67 of the Explosives Act 1875 (definition of local authority), after “a county” insert “ or county borough ”.

The Finance Act 1908 (c. 16)

4

In section 6 of the Finance Act 1908 (collection by local authorities of duties on game licences)—

• (a) in subsection (1), omit “and Wales” and at the end add “ and in Wales be vested in the councils of counties and county boroughs ”; and

• (b) in subsection (2), omit “district” and after “1st April 1974” add “ or, in relation to Wales, to a council having power to levy those duties after 1st April 1996 ”.

The Commons Act 1908 (c. 44)

5

In section 1 of the Commons Act 1908 (power of making regulations as to the turning out of entire animals on commons), in subsection (3), after “county” insert “ , county borough ”.

The Welsh Church Act 1914 (c. 91)

6

In section 19 of the Welsh Church Act 1914 (application of residue of property)—

• (a) in subsection (1)(a), for the words from “The property” to “council either” substitute “ Property vested in a Welsh county council or county borough council by virtue of a designation made under section 50 of the Local Government (Wales) Act 1994 shall be applied, in accordance with one or more schemes made by a Welsh county council or county borough council either ”; and

• (b) in subsection (1)(b), after “county” insert “ or county borough ”.

The Law of Property Act 1925 (c. 20)

7

• (1) In section 193 of the Law of Property Act 1925 (rights of the public over commons and waste lands), in subsection (1)(d)(ii), after “county” insert “ , county borough ”.

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

The Education Act 1944 (c. 31)

8

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

The Requisitioned Land and War Works Act 1945 (c. 43)

9

In section 59(1) of the Requisitioned Land and War Works Act 1945, in the definition of “local authority” at the end add “ but in relation to Wales means a county or county borough ”.

The Fire Services Act 1947 (c. 41)

10

• (1) In section 8 of the Fire Services Act 1947 (constitution and powers of iffre authorities constituted under combination schemes)—

• (a) in subsection (3), after “counties” insert “ or, in Wales, counties or county boroughs ”; and

• (b) in subsection (4), after “county” insert “ or, in Wales, of a county or county borough ”.

• (2) In section 9 of that Act (amendment and revocation of combination schemes)—

• (a) in subsection (2)(a), after “counties” insert “ or, in Wales, counties or county boroughs ”; and

• (b) in subsection (4), after “county” insert “ or, in Wales, of any county or county borough ”.

• (3) In section 11 of that Act (adaptation of local Acts relating to iffre services), in subsection (1), after “county” insert “ or, in Wales, the county or county borough ”.

The Shops Act 1950 (c. 28)

11

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

The Registration Service Act 1953 (c. 37)

12

In section 21 of the Registration Service Act 1953 (interpretation), in subsection (2)(b), at the end add “ and any reference to a non-metropolitan county includes a reference to a county borough ”.

The Trading Representations (Disabled Persons) Act 1958 (c. 49)

13

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

The Opencast Coal Act 1958 (c. 69)

14

In section 15A of the Opencast Coal Act 1958 (suspension of public rights of way), in subsection (5)(a), in sub-paragraph (i) omit “and Wales” and “or community”, and after “meeting;” insert—

(ia) in Wales, the county council or county borough council, and any community council

.

The Weeds Act 1959 (c. 54)

15

In section 5 of the Weeds Act 1959 (exercise of powers by local authority), after “county” insert “ , county borough ” (in both places).

The Caravan Sites and Control of Development Act 1960 (c. 62)

16

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

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

• (3) In section 29(1) of that Act (interpretation of Part I), in the definition of “local authority”, at the end add “ but, in relation to Wales, means the council of a Welsh county or county borough ”.

The Land Compensation Act 1961 (c. 33)

17

In section 39(1) of the Land Compensation Act 1961 (interpretation), in the definition of “authority possessing compulsory purchase powers” for “or county council” substitute “ , county council or county borough council ”.

The Factories Act 1961 (c. 34)

18

In section 176 of the Factories Act 1961 (general interpretation), after subsection (8) insert—

(8A) In the application of this Act in relation to Wales— (a) any reference to a district council shall be construed as a reference to a county council or (as the case may be) county borough council; and (b) any reference to the district of a district council shall be construed as a reference to a county or county borough.

The Trustee Investments Act 1961 (c. 62)

19

• (1) In section 11 of the Trustee Investments Act 1961 (local authority investment schemes), in subsection (4)(a), after “county,” insert “ a county borough, ”.

• (2) In Part IV of Schedule 1 to that Act (manner of investment), in paragraph 4, in paragraph (a) of the definition of “local authority”, after “county,” insert “ a county borough, ”.

The Local Government (Records) Act 1962 (c. 56)

20

• (1) In section 2 of the Local Government (Records) Act 1962 (acquisition and deposit of records), in subsection (6) after “county,” insert “ county borough, ”.

• (2) In section 8(1) of that Act (interpretation), in the definition of “local authority”, after “county,” insert “ county borough, ”.

The Pipe-lines Act 1962 (c. 58)

21

In section 35 of the Pipe-lines Act 1962 (deposit of maps of pipe-lines with local authorities), in subsection (6), omit “and Wales” and after “City of London,” insert “ for the purpose of the application of this section to Wales, that expression means the council of a county or county borough, ”.

The Licensing Act 1964 (c. 26)

22

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

The Harbours Act 1964 (c. 40)

23

In Schedule 3 to the Harbours Act 1964 (procedure for making harbour orders), in paragraph 3(ba)—

• (a) omit “and Wales” and “ or community ”; and

• (b) after “parish council” insert “ , in Wales, a county council, a county borough council and a community council ”.

The Public Libraries and Museums Act 1964 (c. 75)

24

• (1) Omit the following provisions from the Public Libraries and Museums Act 1964—

• (a) in section 4 (library authorities and areas), from “— (a)” to “(b)”, in subsection (2);

• (b) in section 5 (joint boards), the proviso in subsection (3);

• (c) section 6 (special provisions as to Welsh districts);

• (d) in section 10 (default powers of Secretary of State), in subsection (2)—

• (i) paragraph (a);

• (ii) in paragraph (b), in sub-paragraph (i) the words “other than any council of a district in Wales” and sub-paragraph (ii);

• (e) in section 11 (supplemental provisions as to transfers of officers, assets and liabilities), in subsection (2) the words from “or (b)” to “library authority”;

• (f) section 21 (expenses of county councils in Wales).

• (2) In section 4 of that Act, at the end add—

(3) In Wales, county councils and county borough councils shall, subject to section 5 below, be library authorities for the purposes of this Act.

• (3) In section 25 of that Act (interpretation), after the definition of “library officer” insert—

• “local authority”, in relation to Wales, means a county council or county borough council;

.

• (4) In Schedule 2 to that Act (management of funds for purchase of exhibits), in paragraphs 2 and 5 after “county fund” insert (in each place) “ council fund ”.

The Gas Act 1965 (c. 36)

25

In section 28 of the Gas Act 1965 (interpretation of Part II), in the definition of “local authority” in subsection (1), omit “and Wales” and after “City of London,” insert “ in Wales, the council of a county or county borough, ”.

The Sea Fisheries Regulation Act 1966 (c. 38)

26

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

The Local Government Act 1966 (c. 42)

27

In section 41(1) of the Local Government Act 1966 (interpretation), in the definition of “local authority”, after “London borough” insert “ or county borough ”.

The Plant Health Act 1967 (c. 8)

28

In section 5 of the Plant Health Act 1967 (execution of Act by local authorities), in subsection (3), at the end add “ but, in relation to Wales, shall be the councils of counties and county boroughs ”.

The Private Places of Entertainment (Licensing) Act 1967 (c. 19)

29

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

...

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

The Slaughter of Poultry Act 1967 (c. 24)

31

In section 8 of the Slaughter of Poultry Act 1967 (interpretation), in the definition of “local authority” in subsection (1), omit “and Wales” and, after “City of London” insert “ , as respects Wales, the council of a county or county borough ”.

The Theatres Act 1968 (c. 54)

32

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

The Medicines Act 1968 (c. 67)

33

In section 108 of the Medicines Act 1968 (enforcement)—

• (a) in subsection (8), after “county” insert “ or county borough ”; and

• (b) in subsection (12)(a), after “district” insert “ , county borough ” (in both places).

The Mines and Quarries (Tips) Act 1969 (c. 10)

34

In section 11(3) of the Mines and Quarries (Tips) Act 1969 (local authorities having functions under Part II of that Act), in paragraph (a), omit “and Wales” and after “Isles of Scilly” insert—

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

.

The Post Office Act 1969 (c. 48)

35

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

The Late Night Refreshment Houses Act 1969 (c. 53)

36

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

The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

37

In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(b), for “or Wales” substitute “ the council of a county or county borough in Wales, ”.

The Agriculture Act 1970 (c. 40)

38

• (1) In section 38 of the Agriculture Act 1970 (smallholdings authorities), in paragraph (b) omit “and Wales” and after that paragraph insert—

(bb) the council of every county or county borough in Wales;

.

• (2) In section 48 of that Act (acquisition of land for purpose of smallholdings), in subsection (1), after “county” insert “ or county borough ”.

• (3) In section 60 of that Act (cottage holdings), in subsection (1), after “county council” insert “ , a county borough council ”.

• (4) In section 62 of that Act (provisions as to Wales), in subsection (1)(a), after “county” insert “ or county borough ”.

• (5) In section 67 of that Act (enforcement authorities), in subsection (1) omit “and Wales” and after that subsection insert—

(1A) In Wales it shall be the duty of each county council and each county borough council to enforce this Part of this Act within its area.

.

The Poisons Act 1972 (c. 66)

39

In section 11 of the Poisons Act 1972 (interpretation), in subsection (2) in paragraph (a) of the definition of “local authority” omit “and Wales” and after “City of London,” insert—

(aa) in relation to Wales, the council of a county or county borough,

.

The Land Compensation Act 1973 (c. 26)

40

• (1) In section 8 of the Land Compensation Act 1973 (restrictions on compensation), in subsection (4), after “London borough” insert “ or Welsh county or county borough ”.

• (2) In section 19 of that Act (interpretation of Part I), in the definition of “the appropriate highway authority” in subsection (1)—

• (a) in paragraph (a), after “1985” insert “ or the Local Government (Wales) Act 1994 ”; and

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

• (3) In section 52 of that Act (right to advance payment of compensation), in subsection (8), after “London borough” insert “ or Welsh county or county borough ”.

The Employment Agencies Act 1973 (c. 35)

41

In section 13 of the Employment Agencies Act 1973 (interpretation), in subsection (1), in the definition of “local authority”, omit “and Wales” and after “London borough council” insert “ and in relation to Wales, means a county council or a county borough council, ”.

The Breeding of Dogs Act 1973 (c. 60)

42

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

The Slaughterhouses Act 1974 (c. 3)

43

• (1) In section 27 of the Slaughterhouses Act 1974 (local authorities for purposes of licensing slaughterhouses), omit “and” immediately before paragraph (c) and, in that paragraph, after first “district” insert “ in England ” and after second “district” add—

and (d) as respects any county or county borough in Wales, the council of the county or county borough.

• (2) In section 34 of that Act (interpretation of Part I), in the definition of “district”, at the end add—

and, in relation to— (a) a local authority who are the council of a Welsh county or county borough, and (b) the officers of such an authority, means that county or county borough;

.

• (3) In section 45 of that Act (interpretation of Part II)—

• (a) after the definition of “contravention” insert—

• “district”, in relation to a local authority who are the council of a Welsh county or county borough, means that county or county borough;

; and

• (b) in the definition of “local authority”, after first “council” insert “ of a Welsh county or county borough or ”.

The Local Government Act 1974 (c. 7)

44

In section 34(1) of the Local Government Act 1974 (interpretation), in the definition of “local authority”, after “Broads Authority” insert “ a Welsh county council, a county borough council ”.

The Consumer Credit Act 1974 (c. 39)

45

In section 189(1) of the Consumer Credit Act 1974 (interpretation), in the definition of “local authority” omit “and Wales” and after “Scilly,” insert “ in relation to Wales means a county council or a county borough council, ”.

The Guard Dogs Act 1975 (c. 50)

46

In section 7 of the Guard Dogs Act 1975 (interpretation), in the definition of “local authority” omit “and Wales”, and after “City of London,” insert “ in relation to Wales, a county council or county borough council, ”.

The Safety of Sports Grounds Act 1975 (c. 52)

47

• (1) In the following provisions of the Safety of Sports Grounds Act 1975, after “where the local authority is in” insert (in each place) “ Wales, ”

• (a) section 3(3) (applications for certificates);

• (b) in section 4 (amendment etc of certificates), subsections (7) and (8);

• (c) section 5(5)(d) (interested parties for purposes of appeals);

• (d) section 10(8)(b) (copies of prohibition notices);

• (e) section 10A(7)(d) (appeals against orders relating to prohibition notices); and

• (f) section 11(c) (powers of entry and inspection).

• (2) In section 17(1) of that Act (interpretation)—

• (a) in the definition of “building authority”, in paragraph (a) omit “or in Wales,”; and

• (b) in the definition of “local authority”, in paragraph (c) omit “or in Wales,” and, after that paragraph insert—

(cc) in Wales, the county council or county borough council;

.

The Welsh Development Agency Act 1975 (c. 70)

48

In section 16 of the Welsh Development Agency Act 1975 (derelict land), in paragraph (a) of the definition of “local authority” in subsection (9), for “district” substitute “ county borough ”.

The Local Land Charges Act 1975 (c. 76)

49

In section 3(1) of the Local Land Charges Act 1975 (registering authorities), after paragraph (a) insert—

(aa) a Welsh county council; (ab) a county borough council;

.

The Lotteries and Amusements Act 1976 (c. 32)

50

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

The Dangerous Wild Animals Act 1976 (c. 38)

51

In section 7 of the Dangerous Wild Animals Act 1976 (interpretation), in subsection (4), in the definition of “local authority”, omit “and Wales” and after “City of London,” insert “ in relation to Wales, a county council or county borough council, ”.

The Race Relations Act 1976 (c. 74)

52

In section 19A of the Race Relations Act 1976 (discrimination by planning authorities), in subsection (2)(a), after “county,” insert “ county borough, ”.

The Development of Rural Wales Act 1976 (c. 75)

53

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

The European Parliamentary Elections Act 1978 (c. 10)

54

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

The Inner Urban Areas Act 1978 (c. 50)

55

• (1) In section 1 of the Inner Urban Areas Act 1978 (designation of districts by Secretary of State)—

• (a) in subsection (1), after “district” insert “ or Welsh county or county borough ”; and

• (b) in subsection (2), at the end add “ but, in relation to a designated district which is a Welsh county or county borough, means the council of that county or county borough ”.

• (2) In section 2 of that Act (loans for acquisition of or works on land), in subsection (1)(a), after “within the designated district or” insert “ (except where the land is in Wales) ”.

• (3) In section 7 of that Act (power to enter into arrangements), in subsection (1), after “district” in the first and last places where it occurs insert “ or Welsh county or county borough ” (in each place), and, in paragraph (a), at the beginning insert “ as respects any such district, ”, and after “both;” insert—

(aa) as respects any such Welsh county or county borough, the council of that county or county borough;

.

• (4) After subsection (2) of that section, insert—

(2A) For the purposes of subsection (2) above, references to districts include references to Welsh counties and county boroughs.

• (5) In section 17 of that Act (interpretation), in the definition of “designated district” in subsection (1), after “any district” insert “ or Welsh county or county borough ”.

• (6) In the Schedule to that Act (improvement areas), after paragraph 1(1), insert—

(1A) In the application of sub-paragraph (1) above in relation to Wales, the words “after consulting the other designated district authority,” shall not apply.

...

56

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

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

57

• (1) In section 2 of the Local Government, Planning and Land Act 1980 (duty of authorities to publish information), in subsection (1) after paragraph (a) insert—

(aa) a county borough council;

.

• (2) In section 4 of that Act (bodies which may be directed to publish information)—

• (a) in subsection (4)(g), after “councils” insert “ or Welsh county councils or county borough councils ”; and

• (b) in subsection (7), omit “district”.

• (3) In section 20(1) of that Act (interpretation of Part III), 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 county borough council or a police authority established under section 3 of the Police Act 1964;

.

• (4) In section 98 of that Act (disposal of land at direction of Secretary of State), in subsection (8A) after paragraph (a) insert—

(aa) a county borough council;

.

• (5) In section 99 of that Act (provisions supplementing section 98), in subsection (4) after paragraph (a) insert—

(aa) a county borough council;

.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58

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

59

• (1) In section 116 of that Act (assessment of development land), in subsection (4), in paragraph (a) omit “and Wales” and after that paragraph insert—

(aa) (in the application of the section to Wales) the councils of counties and county boroughs;

.

• (2) In section 162 of that Act (inner urban areas)—

• (a) in subsection (5)—

• (i) in paragraph (a) after “district” insert “ or Welsh county or county borough ”; and

• (ii) in paragraph (b) after “district” insert “ or (as the case may be) Welsh county or county borough ”; and

• (b) in subsection (6)(b), after “(a)” insert “ or (aa) ”.

• (3) In section 165 of that Act (power to transfer undertaking), in subsection (9) in paragraph (a) omit “and Wales” and after that paragraph insert—

(aa) (in the application of the sections to Wales) a county council or county borough council;

.

• (4) In section 185 of that Act (pleasure boat byelaws) in subsection (1) after “London” insert—

(iv) the council of a Welsh county or county borough,

.

• (5) In Schedule 16 to that Act (bodies to whom Part X applies), after paragraph 1 insert—

(1A) A county borough council.

.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) In Schedule 32 to that Act (enterprise zones)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (c) in paragraph 2(2)(a)(ii) omit “or Wales” ...

;

.

The Disused Burial Grounds (Amendment) Act 1981 (c. 18)

60

In the Schedule to the Disused Burial Grounds (Amendment) Act 1981 (disposal of human remains and tombstones, monuments or other memorials), in paragraph 10(1)(a), after “district,” insert “ or Welsh county or county borough, ”.

The Animal Health Act 1981 (c. 22)

61

In section 50 of the Animal Health Act 1981 (local authorities), in subsection (2), after paragraph (b) insert—

(bb) as respects a county borough, the county borough council,

.

The Zoo Licensing Act 1981 (c. 37)

62

• (1) In section 1 of the Zoo Licensing Act 1981 (licensing of zoos by local authorities), in subsection (3), in paragraph (a) omit “and Wales” and after that paragraph insert—

(aa) in Wales, the councils of counties and county boroughs;

.

• (2) In section 3(2) of that Act (persons whose representations are to be taken into account in consideration of applications for licences), in paragraph (e), after “the licence” insert “ — (i) ” and at the end of that paragraph insert—

or (ii) if the part is situated in Wales, the local planning authority for the area in which it is situated;

.

The New Towns Act 1981 (c. 64)

63

• (1) In section 2 of the New Towns Act 1981 (reduction of designated areas), in subsection (1)(b), after “district council” insert “ or, in the case of land in Wales, any county council or county borough council ”.

• (2) In section 7 of that Act (planning control), in subsection (3), immediately before “in a metropolitan county” insert “ in Wales or ”.

• (3) In section 23 of that Act (extinguishment of public rights of way), in subsection (2)—

• (a) in paragraph (i), after “authority” insert “ or, in the case of land in Wales, the local planning authority ”; and

• (b) in paragraph (ii), at the beginning insert “ if different ”.

• (4) In section 33 of that Act (new town may be united district for Public Health Acts), for “districts” substitute “ areas ”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In section 39 of that Act (power of development corporation to transfer undertakings), after subsection (2) insert—

(2A) Subsection (2) above shall have effect in relation to Wales as if for “and of every district” there were substituted or county borough.

• (7) In section 41 of that Act (transfer of property to Commission and dissolution of corporation), after subsection (1) insert—

(1A) Subsection (1) above shall have effect in relation to Wales as if for “and of every district” there were substituted “or county borough”.

• (8) In section 77 of that Act (regulations and orders), in subsection (4)(a)(ii), after “county planning authority” insert “ or, where the order is one designating an area in Wales, by the local planning authority ”.

• (9) In Schedule 1 to that Act (procedure for designating area of new town), in paragraph 2(3), after “district” insert “ or, in the case of land in Wales, every county or county borough ”.

The Acquisition of Land Act 1981 (c. 67)

64

• (1) In section 17 of the Acquisition of Land Act 1981 (local authorities for purposes of orders subject to special parliamentary procedure), in subsection (4), in paragraph (b) of the definition of “local authority”, for “district” substitute “ county borough ”.

• (2) In paragraph 4 of Schedule 3 to that Act (acquisition of new rights over special kinds of land), in sub-paragraph (4), in paragraph (b) of the definition of “local authority”, for “district” substitute “ county borough ”.

The Wildlife and Countryside Act 1981 (c. 69)

65

• (1) In section 3 of the Wildlife and Countryside Act 1981 (areas of special protection), in subsection (4), for “district” substitute “locality”.

• (2) In section 27(1) of that Act (interpretation of Part I), in paragraph (a) of the definition of “local authority”, omit “and Wales” and after that paragraph insert—

(aa) in relation to Wales, a county council or county borough council;

.

• (3) In section 34 of that Act (limestone pavement orders), in paragraph (a) of the definition of “the relevant authority” in subsection (6), after “non-metropolitan county” insert “in England”, and after that paragraph insert—

(aa) in relation to any area in Wales, the local planning authority;

.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In section 39(5) of that Act (relevant authorities for purposes of management agreements with owners and occupiers of land), after “land” in paragraph (a), insert “in England”.

• (6) In section 52 of that Act (interpretation of Part II), in subsection (2) omit “and to Wales”.

• (7) In section 57 of that Act (supplementary provisions as to definitive maps and statements), after subsection (5) insert—

(5A) Subsection (5) shall apply in relation to land in Wales as if “in each district comprised” were omitted.

• (8) In section 66(1) of that Act (interpretation of Part III), in the definition of “surveying authority”, after “county council,” insert “ county borough council, ”.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) In Schedule 14 to that Act (applications for certain orders under Part III), in paragraph 5(1), in the definition of “local authority”, omit “or community” and at the end of that definition add “ but, in relation to Wales, means a community council ”.

• (12) In Schedule 15 to that Act (procedure in connection with certain orders under Part III), in paragraph 13(2), in the definition of “local authority” omit “or community” and at the end of that definition add “ but, in relation to Wales, means a community council ”.

The Civil Aviation Act 1982 (c. 16)

66

• (1) In section 79 of the Civil Aviation Act 1982 (grants towards cost of sound-proofing buildings), in subsection (7), omit “and Wales”.

• (2) In section 105(1) of that Act (interpretation), in paragraph (a) of the definition of “local authority” omit “and Wales” and, after that paragraph, insert—

(aa) in relation to Wales, means a county council or a county borough council;

.

The Aviation Security Act 1982 (c. 36)

67

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

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

68

• (1) In section 8 of the Representation of the People Act 1983 (registration officers), in subsection (2) omit “and Wales” and after subsection (2) insert—

(2A) In Wales, the council of every county or county borough shall appoint an officer of the council to be registration officer for any constituency or part of a constituency coterminous with or situated in the area of the council.

• (2) In section 18(2) of that Act (polling districts), omit “and Wales” and after “borough” insert “ , and in Wales it is the duty of the council of each county or county borough, ”.

• (3) In section 24(1) of that Act (returning officers), in paragraphs (a), (b) and (c) after “constituency” insert, in each case, “ in England ” and insert the following paragraphs in the appropriate places—

(aa) in the case of a county constituency in Wales which is coterminous with or wholly contained in a preserved county as defined by section 64 of the Local Government (Wales) Act 1994, the sheriff of the county;

;

(bb) in the case of a borough constituency in Wales which is coterminous with or wholly contained in a county or county borough, the chairman of the county or county borough council;

;

(cc) in the case of any other constituency in Wales, such sheriff or chairman of a county or county borough council as may be designated in an order by the Secretary of State so made;

.

• (4) In section 28(1) of that Act (discharge of returning officer’s functions), in paragraph (a) after “constituency” insert “ in England ” and after that paragraph insert—

(aa) in the case of a constituency in Wales for which the chairman of a county or county borough council is returning officer by virtue of that section, by the registration officer appointed by that council;

.

• (5) In section 28(5) of that Act (power of acting returning officer to appoint deputies), after “and a” insert “ Welsh county council or county borough council or a ”.

• (6) In section 31 of that Act (polling districts and stations at local government elections), in subsection (1) after “county councillors” insert “in England” and after that subsection insert—

(1A) For elections of county or county borough councillors in Wales, the county or county borough council may divide an electoral division into polling districts and may alter any polling district.

• (7) In section 35 of that Act (returning officers for local elections), in subsection (1) omit “and Wales” and “or communities” and after that subsection insert—

(1A) In Wales the council of every county or county borough shall appoint— (a) an officer of the council to be the returning officer for elections of councillors of the county or county borough; and (b) an officer of the council to be the returning officer for elections of councillors of communities within the county or county borough.

• (8) In section 36 of that Act (local elections), in subsection (3) omit “or community” in both places in paragraph (b) ...

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) In section 36 of that Act, in subsection (5) omit “or community”, in both places, and “or the community” ...

• (11) In section 39 of that Act (void local elections)—

• (a) in subsections (4) and (6)(a), after “district council” insert, in each case, “ or Welsh county or county borough council ”; and

• (b) in subsection (6)(b), omit “district”.

• (12) In section 52(4) of that Act (discharge of registration duties), in paragraph (a) omit “and Wales” and for second “and” substitute—

(aa) in Wales, of a county or county borough council, and

.

• (13) In section 69(2) of that Act (location of offices of election agents and sub-agents), in paragraphs (a) and (b), in each case for “or in a London borough or district” substitute “ or in a Welsh county or county borough, or London borough or district, ”.

• (14) In section 82(4) of that Act (persons before whom declaration as to expenses may be made), in paragraph (a), after “county council” insert “ , a county borough council ”.

• (15) In section 159 of that Act (candidate reported guilty of corrupt or illegal practice), in the definition of “corporate office” in subsection (3) after “county” insert “ , county borough ”.

• (16) In section 203(1) of that Act (interpretation)—

• (a) in the definition of “local authority”, after “county council,” insert “ a county borough council, ”; and

• (b) in the definition of “local government area”, after “county,” insert “ county borough, ”.

• (17) In Schedule 1 to that Act (parliamentary election rules), in paragraph 10(2)(c) after “district” insert “ or Welsh county or county borough ”.

• (18) In Schedule 2 to that Act (provisions which may be contained in regulations as to registration etc.), in paragraph 1(1) after “district” insert “ , Welsh county or county borough ”.

• (19) In Schedule 3 to that Act (form of return and declaration), in the first passage in brackets in each form (which provides for an alternative in relation to a local government election), after “county of” insert “ county borough of ”.

• (20) In Schedule 5 to that Act (use of certain rooms for parliamentary election meetings), in paragraph 3(1) after “council” insert “ and every Welsh county and county borough council ”.

The Licensing (Occasional Permissions) Act 1983 (c. 24)

69

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

The Value Added Tax Act 1983 (c. 55)

70

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

The Pastoral Measure 1983 (No. 1)

71

In section 87 of the Pastoral Measure 1983 (general interpretation), in the definition of “local planning authority” in subsection (1), after “(a)” insert “ in England ”.

The Telecommunications Act 1984 (c. 12)

72

The Cinemas Act 1985 (c. 13)

73

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

The Representation of the People Act 1985 (c. 50)

74

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

• (2) In section 21 of that Act (insufficient nominations at ordinary elections of community councils), in subsection (2)(b)—

• (a) after “district council” insert “ or, in the case of a community council, the county council or county borough council ”; and

• (b) omit “of district council”.

The Weights and Measures Act 1985 (c. 72)

75

In section 69 of the Weights and Measures Act 1985 (local weights and measures authorities), in subsection (2), at the end add “ and for each county borough shall be the county borough council ”.

The Health Service Joint Consultative Committees (Access to Information) Act 1986 (c. 24)

76

In section 1 of the Health Service Joint Consultative Committees (Access to Information) Act 1986 (interpretation), in subsection (1), in the definition of “local authority”, after “county council,” insert “ a county borough council, ”.

The Airports Act 1986 (c. 31)

77

In section 12 of the Airports Act 1986 (interpretation of Part II), in the definition of “principal council” in subsection (1), in paragraph (a) omit “and Wales”, and after that paragraph insert—

(aa) in relation to Wales, means the council of a county or of a county borough;

.

The Gas Act 1986 (c. 44)

78

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

The Building Societies Act 1986 (c. 53)

79

In Schedule 8 to the Building Societies Act 1986 (powers to provide services) in paragraph 8 of Part IV, in the definition of “local authority in Great Britain”, in paragraph (a) omit “and Wales” and “or community” and after that paragraph insert—

(aa) in Wales, a county council, a county borough council and a community council;

.

The Parliamentary Constituencies Act 1986 (c. 56)

80

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

The Fire Safety and Safety of Places of Sport Act 1987 (c. 27)

81

• (1) In the following provisions of the Fire Safety and Safety of Places of Sport Act 1987, after “where the local authority is in” insert (in each place) “ Wales, ”

• (a) section 28(10) (copies of applications for safety certifcates);

• (b) in section 29 (amendment, cancellation etc of certifcates), subsections (7) and (8);

• (c) section 30(8)(d) (interested parties for purposes of appeals); and

• (d) section 35(c) (powers of entry and inspection).

• (2) In section 41 of that Act (interpretation), in paragraph (a) of the definition of “building authority” and paragraph (c) of the definition of “local authority” omit “or in Wales,” and after paragraph (c) of the definition of “local authority” insert—

(cc) in Wales, the county council or county borough council;

.

The Coroners Act 1988 (c. 13)

82

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

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

• (3) In section 2 of that Act (qualifcations for appointment as coroner), in subsection (3), after first “county” insert “ in England ”, and after subsection (2) insert—

(2A) A person shall, so long as he is a councillor of a Welsh principal area, and for six months after he ceases to be one, be disqualified for being a coroner for a coroner’s district which, or any part of which, falls within that area.

• (4) In section 4 of that Act (coroners’ districts), in subsections (2) and (4), after first “county” in each case insert “ in England ”, and in subsection (5)(a), after “administrative area” insert “ in England ”.

• (5) After section 4 of that Act insert—

(4A) (1) The Secretary of State may by order divide, amalgamate or otherwise alter— (a) any coroner’s district for the time being existing in Wales; or (b) any such coroners’ districts. (2) Before making any order under subsection (1) above, the Secretary of State shall consult the councils and coroners appearing to him to be affected by the order and such other persons as he thinks appropriate. (3) The Secretary of State may, in relation to any area in Wales (the “review area”), direct the council or councils for each Welsh principal area which, or any part of which, falls within the review area to consider any of the following questions— (a) whether any alteration should be made in a boundary between coroners’ districts which falls within the review area; (b) whether a new coroner’s district should be created for the whole or any part of the review area; (c) whether a coroner’s district which falls wholly within the review area should be abolished. (4) The council or councils to whom such a direction is given shall submit their conclusions to the Secretary of State, together with a statement of their reasons for reaching those conclusions. (5) In making an order under subsection (1) above in a case where he has given a direction under subsection (3) above, the Secretary of State shall have regard to any proposals made to him under subsection (4) above. (6) Where the Secretary of State intends to give effect to any such proposals without modification, subsection (2) above shall not require him to consult the council or councils who made those proposals. (7) An order made under subsection (1) above may make such incidental, consequential, transitional or supplemental provision as appears to the Secretary of State to be appropriate. (8) Except as provided by this Act, a coroner appointed for any coroner’s district in Wales— (a) shall for all purposes be regarded as a coroner for the whole of Wales; and (b) shall have the same jurisdiction, rights, powers and authorities throughout Wales as if he had been appointed as coroner for the whole of Wales. (9) The power to make orders under this section shall be exercisable by statutory instrument. (10) Any such statutory instrument shall be laid before each House of Parliament after being made.

• (6) In section 22 of that Act (removal of body for post mortem examination), in the definition of “local authority” in subsection (6), for “district or London borough” substitute “ district, London borough or Welsh principal area ”.

• (7) In section 27 of that Act (coroner’s accounts), in subsection (3)(b), after “county council” insert “ in England ” and after “fund;” insert—

(bb) in the case of the council of a Welsh principal area, out of the council fund;

.

• (8) In section 27(4) of that Act, for the words from “district consisting of” to “districts or boroughs” substitute—

district— (a) consisting of two or more metropolitan districts or London boroughs, or (b) which lies partly in each of two or more Welsh principal areas, the expenses of the councils of those districts, boroughs or areas

.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) In section 35(1) of that Act (interpretation), in the definition of “administrative area”, after “means” insert “ Wales, ” and after “county” insert “ in England ”, and after the definition of “relevant council” insert—

“Welsh principal area” means Welsh county or county borough

.

The Education Reform Act 1988 (c. 40)

83

In section 235 of the Education Reform Act 1988 (interpretation), in subsection (1), in the definition of “local authority”, after “county council,” insert “ a county borough council, ”.