The Welsh Church Act Funds (Designation and Specification) Order 1996

Made: 14th February 1996

Laid before Parliament: 27th February 1996

Coming into force: 1st April 1996

The Secretary of State for Wales, in exercise of the powers conferred upon him by sections 50(1) and (2) and 63(5)(a) of the Local Government (Wales) Act 1994[^f00001], and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement

1

The Order may be cited as the Welsh Church Act Funds (Designation and Specification) Order 1996 and shall come into force on 1st April 1996.

Interpretation

2

In this Order—

• “the 1994 Act” means the Local Government (Wales) Act 1994;

• “old authority” means a county council which ceases to exist as a result of the 1994 Act;

• “new authority” means a county or county borough council established under the 1994 Act;

• “scheme” means a scheme under section 19 of the Welsh Church Act 1914[^f00002] (application of Welsh Church funds for charitable or eleemosynary purposes).

Designation and specification of new authorities

3

• (1) For the purposes or section 50 of the 1994 Act (Welsh Church funds) each new authority listed in column 1 of Schedule 1 to this Order is designated in relation to the area or areas listed opposite thereto in column 2 of that Schedule.

• (2) Any property which is required to be applied in accordance with a scheme and immediately before the commencement of section 50 of the 1994 Act is vested in an old authority listed in column 1 of Schedule 2 to this Order shall, in accordance with the provisions of section 50(2) of the 1994 Act, vest in the new authority, designated under paragraph (1), which is specified opposite thereto in column 2 of that Schedule.

Rights and Liabilities

4

Any rights and liabilities of an old authority in respect of any property which is required to be applied in accordance with a scheme shall transfer to such new authority in which the property is vested.

SCHEDULE 1 — DESIGNATED NEW AUTHORITIES FOR THE PURPOSES OF SECTION 50 OF THE 1994 ACT

SCHEDULE 2 — VESTING OF WELSH CHURCH ACT PROPERTY IN NEW AUTHORITIES

Signed

Signed by authority of the Secretary of State for Wales

Gwilym Jones — Parliamentary Under Secretary of State, — 14th February 1996

Explanatory note

(This note is not part of the Order)

The Local Government (Wales) Act 1994 reorganises local government in Wales with effect from 1st April 1996. From that date new principal councils established under the 1994 Act take over the administration of Welsh local government from the old principal councils. Section 50 of the 1994 Act makes general provision for the transfer of Welsh Church Act funds, held by old county councils, which are required to be administered in accordance with schemes made under section 19 of the Welsh Church Act 1914. For the purpose of the operation of section 50, this order designates the new councils who are to hold those funds, and specifies the manner in which the funds are to be allocated amongst councils so designated. The Order also provides that any rights and liabilities in respect of Welsh Church Act funds are to transfer to the new councils who hold those funds.

Footnotes

[^f00001]: 1994 c. 19; section 50 of the 1994 Act is commenced on 1st April 1996 by S.I. 1995/3198 (article 5 and Schedule&4uspace;3).

[^f00002]: 1914 c. 91.