Local Government (Wales) Act 1994

• Citation: 1994 c. 19
• Sections: 496

Section 1 The local government areas.

(1) For section 20 of the Local Government Act 1972 (“ the 1972 Act ”) substitute—

New principal local government areas in Wales.

(20)

(1) For the administration of local government on and after 1st April 1996, the local government areas in Wales shall be—

(a) the new principal areas; and

(b) the communities.

(2) The new principal areas (determined by reference to areas which, immediately before the passing of the Local Government (Wales) Act 1994, are local government areas) are set out in Parts I and II of Schedule 4 to this Act.

(3) Each of the new principal areas shall have the name given to it in Schedule 4.

(4) The new principal areas set out in Part I of Schedule 4 shall be counties and those set out in Part II of that Schedule shall be county boroughs.

(5) In this Act “ principal area ”, in relation to Wales, means a county or county borough.

(6) The counties which were created by this Act, as originally enacted, as counties in Wales, and the districts within them, shall cease to exist on 1st April 1996 except that the preserved counties shall continue in existence (with, in some cases, modified boundaries) for certain purposes.

(7) The councils of the counties and districts mentioned in subsection (6) above shall cease to exist on 1st April 1996.

(8) The areas of the preserved counties are set out in Part III of Schedule 4 and are determined by reference to local government areas in existence immediately before the passing of the Local Government (Wales) Act 1994.

(9) The Secretary of State may by order change the name by which any of the preserved counties is for the time being known.

(10) Any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11) The Welsh name of each of the new principal areas is shown in Schedule 4 immediately after its English name.

(2) Schedule 1 substitutes new Parts I, II and III in Schedule 4 to the 1972 Act.

(3) Schedule 2 provides for the application of certain enactments in relation to the preserved counties.

(4) Section 270(1) of the 1972 Act (definitions) is amended as follows.

(5) In the definition of “ local authority ” for “or community council” substitute “ council but, in relation to Wales, means a county council, county borough council or community council; ” .

(6) In the definition of “ local government area ”, for paragraph (b), substitute—

in relation to Wales, a county, county borough or community;

(7) After the definition of “ prescribed ” insert—

“ preserved county ” means any county created by this Act as a county in Wales, as it stood immediately before the passing of the Local Government (Wales) Act 1994 but subject to any provision of the Act of 1994, or any provision made under this Act, redrawing its boundaries;

(8) In the definition of “ principal area ” insert at the end “ but, in relation to Wales, means a county or county borough. ”

Section 2 Constitution of new principal councils in Wales.

For section 21 of the 1972 Act substitute—

Constitution of principal councils in Wales.

(21)

(1) For every principal area in Wales there shall be a council consisting of a chairman and councillors.

(2) Each such council shall be a body corporate and shall have the functions given to them by this Act or otherwise.

(3) Each council for a county in Wales shall have the name of the county with the addition—

(a) in the case of their English name, of the words “County Council” or the word “Council” (as in “Cardiganshire County Council” or “Cardiganshire Council”); and

(b) in the case of their Welsh name, of the word “Cyngor” (as in “Cyngor Sir Aberteifi”).

(4) Each council for a county borough in Wales shall have the name of the county borough with the addition—

(a) in the case of their English name, of the words “County Borough Council” or the word “Council” (as in “Caerphilly County Borough Council” or “Caerphilly Council”); and

(b) in the case of their Welsh name, of the words “Cyngor Bwrdeistref Sirol” or the word “Cyngor” (as in “Cyngor Bwrdeistref Sirol Caerffili” or “Cyngor Caerffili”).

(5) In the case of Abertawe, Caerdydd and Powys subsection (3)(b) above shall have effect as if it required the addition of the words “Cyngor Sir”.

Section 3 Establishment of new principal councils.

Schedule 3 makes provision (by substituting a new Schedule for Schedule 5 to the 1972 Act) with respect to the establishment of the new principal councils, on a date in 1995 to be fixed by the Secretary of State, and the election of their members.

Section 4 Elections of councillors.

(1) For section 25(2) of the 1972 Act (electoral divisions) substitute—

(2) For the purpose of the election of councillors, every principal area in Wales shall be divided into electoral divisions, each returning such number of councillors as may be provided by an order under paragraph 2 of Schedule 5 to this Act or under or by virtue of the provisions of Part IV of this Act.

(3) There shall be a separate election for each electoral division.

(2) For section 26 of the 1972 Act substitute—

Elections of councillors.

(26)

(1) The ordinary elections of councillors of the new principal councils shall take place in 1995 and in every fourth year after 1995.

(2) The term of office of every such councillor shall be four years.

(3) On the fourth day after any such ordinary election—

(a) the persons who were councillors immediately before the election shall retire; and

(b) the newly elected councillors shall assume office.

Section 5 Change of status from county to county borough.

For section 245A of the 1972 Act substitute—

Change of status of Welsh county to county borough.

(245A)

(1) Where a petition is presented to Her Majesty by the council of a county in Wales praying for the grant of a charter under this section, Her Majesty, on the advice of Her Privy Council, may by charter confer on that county the status of a county borough.

(2) No such petition shall be presented unless a resolution of the council has been passed by not less than two-thirds of the members voting at a meeting of the council specially convened for the purpose.

(3) No charter under this section shall take effect before 1st April 1996.

(4) A county borough which has acquired that status by a charter under this section—

(a) shall be a county borough; but

(b) shall not be treated as a borough for the purposes of any Act passed before 1st April 1974.

(5) This section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any provision granting the status of a royal borough or conferring any style on any person.

Section 6 Review of electoral arrangements for new principal areas.

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Section 7 Rules to be observed in considering electoral arrangements.

(1) Schedule 11 to the 1972 Act (rules to be observed in considering electoral arrangements) shall be amended as follows.

(2) In paragraph 1 (rules for counties)—

(a) in sub-paragraph (1), at the end add “ but does not apply in relation to any county in Wales ” ; and

(b) in sub-paragraph (2)(c) and (d), omit “or community”, in each place.

(3) After paragraph 1 insert—

Welsh counties and county boroughs

(1A)

(1) This paragraph applies to the consideration by the Secretary of State or the Welsh Commission of the electoral arrangements for elections of councillors for principal areas in Wales.

(2) Subject to any direction under sub-paragraph (3) below, the Welsh Commission shall, when considering the arrangements for elections of councillors for any principal area in Wales, provide for there to be a single member for each electoral division.

(3) The Secretary of State may give a direction to the Welsh Commission requiring it to consider the desirability of providing for multi-member electoral divisions for the area to which the direction relates (which may be the whole or a specified part of a principal area in Wales).

(4) For the purposes of this paragraph, an electoral division is a multi-member division if the arrangements made for the elections of councillors provide for a specified number of councillors (greater than one) to be elected for that division.

(5) Having regard to any change in the number or distribution of the local government electors of the principal area likely to take place within the period of five years immediately following the consideration—

(a) subject to paragraph (b), the number of local government electors shall be, as nearly as may be, the same in every electoral division in the principal area;

(b) where there are one or more multi-member divisions, the ratio of the number of local government electors to the number of councillors to be elected shall be, as nearly as may be, the same in every electoral division in the principal area (including any that are not multi-member divisions);

(c) every ward of a community having a community council (whether separate or common) shall lie wholly within a single electoral division; and

(d) every community which is not divided into community wards shall lie wholly within a single electoral division.

(6) Subject to sub-paragraph (5) above, in considering the electoral arrangements referred to in sub-paragraph (1) above, regard shall be had to—

(a) the desirability of fixing boundaries which are and will remain easily identifiable; and

(b) any local ties which would be broken by the fixing of any particular boundary.

(4) In paragraph 4, after “Commissions” insert “ by a Welsh principal council ” .

Section 8 Community meetings and continuation of community councils.

For section 27 of the 1972 Act substitute—

Communities

Community meetings and continuation of community councils.

(27)

(1) A meeting of the local government electors for a community (“ a community meeting ”) may be convened for the purpose of discussing community affairs and exercising any functions conferred by any enactment on such meetings.

(2) The community councils in existence on 1st April 1996 shall, subject to any provision made under this Act, continue in existence after that date.

(3) Subsection (4) below applies where—

(a) the name of a community was given only in its English form or only in its Welsh form; but

(b) there is a generally accepted alternative form of that name, or alternative name, in Welsh or (as the case may be) in English.

(4) The principal council within whose area the community lies shall, before 1st October 1997, take such steps as may be prescribed with a view to securing that there is both an English and a Welsh name for the community.

Section 9 Establishment, dissolution and grouping etc. of community councils.

For section 28 of the 1972 Act substitute—

Establishment or dissolution of community councils.

(28)

(1) A community meeting of a community which does not have a separate community council may apply to the principal council within whose area it lies for an order establishing a council for the community.

(2) A community meeting of a community which has a separate community council may apply to the principal council within whose area it lies for an order dissolving the community council.

(3) If, on any application under this section, the principal council are satisfied that the relevant requirements of section 29B below and Schedule 12 to this Act have been complied with, they shall make the order applied for.

(4) An order under this section establishing a separate community council for a community shall make such provision as appears to the council making it to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the People Act 1983.

(5) An order under this section establishing a separate community council for a community grouped under a common community council shall not be made unless—

(a) the community is separated from the group, or

(b) the group is dissolved,

by the order, or by an order under section 29A below.

(6) Where, in a case to which subsection (5) above applies, the group is not dissolved, the order under this section shall make such provision as appears to the principal council making it to be necessary for the alteration of the group’s community council.

(7) Subject to section 30 below, an application under subsection (1) or (2) above may be made at any time.

(8) This section is subject to section 29B below.

Section 10 Community councils for groups of communities.

For section 29 of the 1972 Act substitute—

Community councils for groups of communities.

(29)

(1) A community meeting of a community may apply to the principal council within whose area the community is situated—

(a) for an order grouping the community with some neighbouring community or communities which lie in the same principal area as the applicant, under a common community council, or

(b) for an order adding the community to a group of communities—

(i) which are all in the area of the same principal council as the community; and

(ii) for which there is a common community council.

(2) If, on any application under this section, the principal council are satisfied that—

(a) the relevant requirements of section 29B below and Schedule 12 to this Act have been complied with, and

(b) in the case of an application under subsection (1)(b) above, that a community meeting of each of the communities in the group has consented to the applicant becoming a member of the group,

they shall make the order applied for.

(3) Subject to section 30 below, an application under subsection (1) above may be made at any time.

(4) An order under this section shall provide for the name of the group in both an English and a Welsh form.

(5) An order under this section shall—

(a) make such provision as appears to the council making it to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for each community or for the wards of any community or, in the case of an order which adds a community to a group, for that community or for the wards of that community; and

(b) provide for the dissolution of the separate community council of any community included in the group.

(6) An order under this section shall make such provision as appears to the council making it to be necessary for the application to the communities included in the group of all or any of the provisions of section 79 of the Charities Act 1993 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.

(7) An order under this section may provide for any necessary adaptations of this Act in relation to the group of communities.

(8) This section is subject to section 29B below.

Section 11 Community councils for groups of communities: dissolution.

After section 29 of the 1972 Act, insert—

Community councils for groups of communities: dissolution.

(29A)

(1) The council of a group of communities may apply to the principal council within whose area the communities lie for an order dissolving the group.

(2) A community meeting of a community included in a group of communities may apply to the principal council within whose area the community lies for an order separating the community from the group.

(3) If, on any application under this section, the principal council are satisfied that—

(a) the relevant requirements of section 29B below and Schedule 12 to this Act have been complied with, and

(b) in the case of an application under subsection (1) above, that a community meeting of each of the communities in the group has consented to the dissolution of the community council,

they shall make the order applied for.

(4) Where a community council are dissolved by an order under this section, the order shall make such provision as appears to the principal council to be necessary for the election of a community council for any of the communities in the group in accordance with this Act and Part I of the Representation of the People Act 1983.

(5) Where a community is separated from a group by an order under this section, the order shall make such provision as appears to the principal council to be necessary for the election of a community council for the community in accordance with this Act and Part I of the Representation of the People Act 1983.

(6) Subject to section 30 below, an application under subsection (1) above may be made at any time.

(7) This section is subject to section 29B below.

Section 12 Community councils: supplemental provisions.

(1) After section 29A of the 1972 Act, insert—

Community councils: applications under section 28, 29 or 29A.

(29B)

(1) An application under section 28, 29 or 29A above may be made only if—

(a) a poll of the local government electors in the community has been held;

(b) a majority of those voting in the poll supports the proposal; and

(c) in the case of an application under section 29(1)(a), the application is made jointly with the communities to be grouped under the common community council.

(2) In the case of an application under section 29A(1), paragraphs (a) and (b) of subsection (1) above apply in relation to each of the communities concerned.

(3) The consent required by section 29(2)(b) or 29A(3)(b) above may be given by a community meeting only if—

(a) a poll of the local government electors in the community has been held; and

(b) a majority of those voting in the poll supports the proposal.

(4) At any community meeting at which there is discussed a proposal—

(a) for the establishment, or for the dissolution, of a community council,

(b) for the grouping of the community with another community or communities (on an application under section 29(1)(a) or (b) above), under a common community council;

(c) for the separation of the community from the communities with which it is grouped under a common community council;

(d) for the dissolution of the common community council for the communities with which it is grouped;

(e) for the giving of the consent required by section 29(2)(b) or 29A(3)(b) above,

a decision to hold a poll on the question shall be effective only if not less than the required number of local government electors is present and voting.

(5) The required number of local government electors is such number as is equal to 30% of the local government electorate or, if that number exceeds 300, is 300.

(6) No poll shall be held for the purposes of this section before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.

(7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.

(8) Where the result of any poll (“ the previous poll ”) held for the purposes of this section is the rejection of the proposal with respect to which the poll was held, no further poll on that question shall be held before the end of the period of two years beginning with the date on which the previous poll was held.

(2) For sub-paragraphs (2) and (3) of paragraph 30 of Schedule 12 to the 1972 Act substitute—

(2) Except in a case falling within sub-paragraph (3) below, public notice of any community meeting shall be given not less than 7 clear days before the meeting.

(3) Where any business proposed to be transacted at a community meeting relates to any of the matters mentioned in section 29B(4) of this Act, public notice of the meeting shall be given not less than 30 clear days before the meeting.

(3A) The notice required by sub-paragraph (2) or (3) above shall—

(a) specify the time and place of the intended meeting;

(b) specify the business to be transacted at the meeting; and

(c) be signed by the person or persons convening the meeting.

Section 13 Constitution and powers of community councils.

For section 33 of the 1972 Act substitute—

Constitution and powers of community councils.

(33)

(1) A community council shall be a body corporate consisting of the chairman and community councillors and shall have the functions given to them by this Act or otherwise.

(2) Each community council shall have the name of the community, with the addition—

(a) in English, of the words “Community Council” (as in “Dale Community Council” or “Llandrillo Community Council”); and

(b) in Welsh, of the words “Cyngor Cymuned” (as in “Cyngor Cymuned Dale” or “Cyngor Cymuned Llandrillo”).

(3) A community council need not have a common seal.

(4) Where a community council do not have a seal, any act of theirs which is required to be signified by an instrument under seal may be signified by an instrument signed and sealed by two members of the council.

Section 14 Consultation with community councils.

After section 33 of the 1972 Act insert—

Consultation with community councils.

(33A)

(1) The Secretary of State may by order designate any matter—

(a) for the purposes of subsection (2) below; or

(b) for the purposes of subsection (3) below.

(2) Where a new principal council are to consider any proposal which relates to a matter which is designated for the purposes of this subsection, the council shall—

(a) afford the relevant community councils an opportunity to make representations to them about the proposal;

(b) before making any decision in relation to the proposal, take into account any representations made to them by any relevant community council with respect to the proposal; and

(c) when they take a decision with respect to the proposal, notify without delay any relevant community council by whom any such representations have been made.

(3) If a community council have given written notice to the relevant principal council—

(a) that they wish to be consulted about a specified proposal which is to be considered by the principal council, and which relates to a matter designated for the purposes of this subsection, or

(b) that they wish to be consulted about any proposal which is to be considered by the principal council and which relates to such a matter,

the principal council shall take the steps mentioned in subsection (2) above in relation to that community council.

(4) An order under this section may—

(a) prescribe circumstances (including, in particular, the need to act with urgency) in which subsections (2) and (3) above do not apply;

(b) give the Secretary of State power, in such circumstances as may be prescribed by the order, to provide that in relation to any principal council specified by him, those subsections shall not apply or shall apply only to the extent specified by him.

(5) A contravention of the duty imposed by subsection (2) or (3) above shall not affect the validity of any decision of a principal council or of anything done in pursuance of any such decision.

(6) In this section—

“ relevant community council ”, in relation to a principal council, means the council of any community which is, or group of communities which are, within the area of the principal council; and

“ relevant principal council ”, in relation to any community council, means the principal council within whose area the community is, or group of communities are, situated.

(7) The power to make an order under this section shall include power—

(a) to make such incidental, consequential, transitional or supplemental provision as the Secretary of State thinks necessary or expedient; and

(b) to make different provision for different areas, including different provision for different localities and for different authorities.

Section 15 Elections of community councillors.

In section 35 of the 1972 Act (community councillors), for subsection (2) substitute—

(2) There shall be ordinary elections of community councillors in 1995 and in every fourth year thereafter.

(2A) The term of office of the community councillors shall be four years.

(2B) On the fourth day after any such ordinary election—

(a) the persons who were councillors immediately before the election shall retire; and

(b) the newly elected councillors shall assume office.

Section 16 Community having the status of a town.

After section 245A of the 1972 Act insert—

Community having the status of a town.

(245B)

(1) The council of a community which is not grouped with any other community may, subject to subsection (3) below, resolve that the community shall have the status of a town.

(2) Where a community has the status of a town—

(a) the town council shall have the name of the community with the addition—

(i) in English, of the words “Town Council”; and

(ii) in Welsh, of the words “Cyngor Tref”;

(b) the chairman of the town council shall be entitled to the style of “town mayor” or “maer y dref”; and

(c) the vice-chairman of the town council shall be entitled to the style of “deputy town mayor” or “dirprwy faer y dref”.

(3) Where the provisions of section 27(4) above apply in relation to a community, the council of that community shall not pass a resolution under subsection (1) above unless it is satisfied that those provisions have been complied with in relation to the community.

(4) Any such resolution shall cease to have effect if the community to which it relates ceases to exist.

(5) If a community council which has passed such a resolution is dissolved without the community ceasing to exist, the dissolution shall not affect the status of the community.

(6) A community council by whom a resolution has been passed under subsection (1) above or, if the council has been dissolved, a community meeting of the community may resolve that the resolution shall cease to have effect.

(7) On the passing of a resolution under subsection (6) above, the community shall cease to have the status of a town.

(8) This section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any provision conferring any style on any person.

Section 17 General provision for transfer of functions.

(1) This section has effect for the purpose of adapting relevant legislative provisions and in particular for the purpose of providing for the exercise of functions conferred by such provisions.

(2) A provision is a “ relevant legislative provision ” for the purposes of this section if it is a provision of—

(a) any public general Act passed before, or during the same Session as, this Act; or

(b) an instrument which—

(i) was made before the passing of this Act, under a public general Act; and

(ii) is of a legislative character but is not in the nature of a local enactment.

(3) This section has effect subject to any provision made by, or by any instrument under, this Act and is not to be taken as affecting any provision so made.

(4) In any relevant legislative provision—

(a) any reference to an area which is the area of a county council or the area of a district council, and

(b) any reference which is to be construed as a reference to such an area,

shall be construed, in relation to Wales, as a reference to a new principal area.

(5) In any relevant legislative provision—

(a) any reference to the council of a county or district, and

(b) any reference which is to be construed as such,

shall be construed, in relation to Wales, as a reference to the council of a new principal area.

(6) Where, in relation to any relevant legislative provision, any question arises as to which new principal area is the appropriate new principal area for the purposes of that provision, that question shall be determined by order made by the Secretary of State.

(7) Where any relevant legislative provision is by virtue of this section to be construed in accordance with subsection (4) or (5)—

(a) it shall be so construed subject to any modifications necessary to give full effect to the provision; and

(b) the Secretary of State may by order make such amendments or other modifications of the provision as he considers necessary or expedient in consequence of any provision made by or under this Act.

Section 18 New principal councils to be local planning authorities in Wales.

(1) In this Act references to the planning Act are references to the Town and Country Planning Act 1990.

(2) Section 1 of the planning Act (local planning authorities) is amended as follows.

(3) After subsection (1), insert—

(1A) Subsection (1) does not apply in relation to Wales.

(1B) In Wales—

(a) the local planning authority for a county is the county council; and

(b) the local planning authority for a county borough is the county borough council.

(4) After subsection (4), insert—

(4A) Subsection (4) does not apply in relation to Wales.

(4B) As to any site in Wales, the local planning authority is also the mineral planning authority.

(5) At the end of the section add—

(6) The exercise, in relation to Wales, of functions conferred on local planning authorities is subject to section 4(3) and Schedule 1A.

(6) In subsection (3), omit the words “and in Wales” and in subsection (5)—

(a) in paragraph (a), for “subsections (1) to (4) have” substitute “ this section has ” ; and

(b) in paragraph (b), for “(1) and (2)” substitute “ (1) to (2) ” .

(7) Schedule 4 inserts a new Schedule 1A in the planning Act.

Section 19 Joint and special planning boards in Wales.

(1) In section 2 of the planning Act (joint planning boards), after subsection (1) insert—

(1A) Subsection (1) does not apply in relation to Wales.

(1B) If it appears to the Secretary of State that it is expedient that a joint board should be established as the local planning authority for two or more areas, each of which is the whole or part of a Welsh county or county borough, he may by order—

(a) constitute those areas or parts as a united district for the purposes of this Act; and

(b) constitute a joint board as the local planning authority for that united district.

(1C) A joint board constituted under subsection (1) or (1B) shall be known as a “joint planning board”.

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

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

(4) In section 2 of the planning Act—

(a) in subsection (1), omit the words “(in this Act referred to as a “ joint planning board ”)”;

(b) in subsection (2), for the words “such an order” substitute “ an order under subsection (1) or (1B) ” ;

(c) in subsection (3), after “county” insert “ or county borough ” (in both places); and

(d) in subsection (4), after “(1)” insert “ or (1B) ” .

Section 20 Unitary development plans and National Parks.

(1) After section 10 of the planning Act (application of Chapter I), insert—

Application of Chapter I in relation to Wales.

(10A)

(1) This Chapter also applies to the area of any local planning authority in Wales.

(2) Subsections (3) and (4) apply where the area of a local planning authority in Wales includes—

(a) the whole or any part of an area prescribed under section 23B(2) in relation to a National Park, and

(b) other land.

(3) The provisions of this Chapter apply separately in relation to—

(a) the Park area or, if there is more than one, each Park area, and

(b) the remaining area.

(4) Any reference in any of the following sections of this Chapter to the area of the local planning authority (including any reference which falls to be so construed) shall be construed—

(a) in its application in relation to any Park area, as a reference to that Park area, and

(b) in its application in relation to the remaining area, as a reference to that area.

(5) In this section—

“ the Park area ”, in relation to a National Park, means the part of the local planning authority’s area which is within the area prescribed under section 23B(2) in relation to that Park or, where there is more than one such part, those parts taken as a whole;

“ the remaining area ” means the part of the local planning authority’s area which is not within the area so prescribed in relation to any National Park.

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

(3) Schedule 5 shall have effect—

(a) Part I making minor and consequential amendments to Part II of the planning Act,

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

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Schedule 6 shall have effect—

(a) Part I making minor and consequential amendments to the 1972 Act in relation to National Parks and countryside functions, and

(b) Part II making minor and consequential amendments to enactments concerned with planning.

Section 22 Transfer of other specific functions.

(1) Schedule 7 makes provision for the transfer to the new principal councils of functions in relation to highways, road traffic and transport.

(2) Schedule 8 makes provision for the transfer to the new principal councils of functions in relation to housing.

(3) Schedule 9 makes provision for the transfer to the new principal councils of functions in relation to public health and related matters.

(4) Schedule 10 makes provision for the transfer to the new principal councils of functions in relation to social services.

(5) Schedule 11 makes provision for the transfer to the new principal councils of functions in relation to water, land drainage and coast protection.

(6) Each of the Schedules referred to in this section includes minor and consequential amendments of other enactments.

Section 23 Fire services.

(1) In section 4 of the Fire Services Act 1947 (fire authorities), after second “county” insert “ or, in Wales, of every county or county borough ” .

(2) A combination scheme may be made under section 5 or 6 of the Act of 1947, before 1st April 1996, with respect to two or more areas each of which is a new principal area.

(3) Where any such combination scheme is made before 1st April 1996, it shall not come into force until that date, except so far as it relates to—

(a) the constitution of an authority as the fire authority for the combined area constituted by the scheme, and

(b) the performance by that authority of any functions necessary for bringing the scheme into full operation on that date.

(4) Where the Secretary of State proposes to make such a combination scheme—

(a) subsection (2) of section 6 of the Act of 1947 shall until 1st April 1996 be taken to require him to give notice to—

(i) any existing fire authority whose area lies wholly or partly within the proposed combined area; and

(ii) each of the new principal councils concerned; and

(b) the requirement in that subsection with respect to public local inquiries shall not apply if—

(i) the proposed scheme relates only to new principal areas; and

(ii) the notice is given before 1st April 1996.

(5) Any such notice shall specify a period for making representations with respect to the proposed scheme.

(6) Where the Secretary of State has given notice of a proposed scheme, in a case to which subsection (4) applies, he shall consider any representations which are made to him before the end of the specified period by any body to whom notice was given.

Section 25 Provision of services by one new principal council for another.

(1) Any new principal council (“ the contracting council ”) may enter into an agreement with another such council (“ the supplying council ”) for the provision by the supplying council of services which the contracting council require for the purpose of, or in connection with, the discharge of any of their functions.

(2) Any agreement under subsection (1) (a “ service agency agreement ”) may be made on such terms as to payment or otherwise as the parties consider appropriate.

(3) Subsection (1) is subject to—

(a) the provisions made by or under this Act;

(b) any other enactment which provides for specific functions of a local authority to be discharged only by that authority;

(c) any other enactment which imposes requirements which must be satisfied before a local authority may enter into any agreement of the kind provided for by subsection (1) including, in particular, the provisions of—

(i) Part III of the Local Government, Planning and Land Act 1980 (restrictions on use by local authorities of direct labour organisations); and

(ii) Part I of the Local Government Act 1988 (local authorities to undertake certain activities only if they can do so competitively).

(4) The power conferred by subsection (1) shall be exercisable subject to such regulations (if any) as the Secretary of State sees fit to make for the purposes of this section.

(5) Any such regulations may, in particular, make provision—

(a) excluding prescribed matters from those which may be the subject of a service agency agreement;

(b) restricting (whether by reference to one or more areas or otherwise) the councils with which a principal council may make a service agency agreement;

(c) restricting the area or areas with respect to which the supplying council may provide services under a service agency agreement.

(6) As respects the exercise of any of their other statutory powers, anything which falls to be done by the supplying council under a service agency agreement shall be treated as one of their statutory functions.

(7) The provisions of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) do not affect, and are not affected by, the powers conferred on new principal councils by this section.

(8) In section 1(4) of that Act (authorities to which Act applies), for “any county” substitute “ any county, county borough ” .

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Section 26 Service delivery plans.

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Section 27 Decentralisation schemes: preparation.

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Section 28 Decentralisation schemes: approval and implementation.

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Section 29 Area committees: safeguards.

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Section 30 Area committees: membership etc.

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Section 31 Sub-committees of area committees.

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Section 32 Provision of information to Secretary of State.

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Section 33 Joint working arrangements.

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Section 34 Joint authorities.

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Section 35 Council tax, rating and the community charge.

(1) The new principal councils shall be billing authorities in relation to the financial year beginning on 1st April 1996 and in relation to subsequent financial years.

(2) In this section “ billing authority ” means an authority which is a billing authority for the purposes of—

(a) Part I of the Local Government Finance Act 1992 (council tax); and

(b) Part III of the Local Government Finance Act 1988 (non-domestic rating).

(3) In the period before 1st April 1996, the old authorities concerned shall continue to exercise their functions as billing authorities in respect of matters arising in connection with financial years before the financial year beginning on that date.

(4) After 31st March 1996, the new principal councils shall have the same functions in relation to council tax, rating (including non-domestic rating) and the community charge as the old authorities would have had—

(a) in connection with those matters, and

(b) in relation to any financial year beginning before 1996,

if the old authorities had not been abolished.

(5) For section 1(2) of the Act of 1992 substitute—

(2) In this Part “ billing authority ” means—

(a) in relation to England, a district council or London borough council, the Common Council or the Council of the Isles of Scilly, and

(b) in relation to Wales, a county council or county borough council.

(6) In section 39(1) of the Act of 1992 (precepting authorities), in paragraph (a) at the end add “in England”.

Section 36 Valuation lists for Welsh billing authorities.

After section 22 of the Local Government Finance Act 1992, insert—

Amalgamated valuation lists for Welsh billing authorities.

(22A)

(1) Every new listing officer shall, on 1st April 1996, compile a list (“ the amalgamated list ”) for the new billing authority for which he is appointed, based on the information provided for him under this section.

(2) The amalgamated list shall contain the information which was included in the valuation lists compiled on 1st April 1993 for the old billing authorities (“ the current lists ”) so far as that information is relevant.

(3) The amalgamated list shall also include the information which was included in any current list by way of an alteration, so far as that information is relevant.

(4) A new listing officer’s amalgamated list shall be treated, for the purposes of this Act, as the valuation list for his new billing authority and shall be deemed to have come into force on 1st April 1993.

(5) Where an amalgamated list contains information which is derived from any alteration made to any valuation list or lists from which it is derived, the amalgamated list shall be treated as having been varied on the date on which the alteration was made.

(6) Subsections (2) to (8) of section 22 above shall not apply in relation to an amalgamated list.

(7) Every listing officer shall—

(a) on or before 15th November 1995, provide the appropriate new listing officer with the information recorded in his valuation list as at 31st October 1995 so far as it is relevant; and

(b) on 31st March 1996, provide the appropriate new listing officer with the information recorded in his valuation list as at that date, so far as it is relevant.

(8) A new listing officer receiving any information under subsection (7)(a) above shall send a copy of it to his new billing authority as soon as is reasonably practicable.

(9) As soon as is reasonably practicable after compiling the amalgamated list, a new listing officer shall send a copy of it to his new billing authority.

(10) A new billing authority receiving a copy of an amalgamated list under subsection (9) above shall, as soon as is reasonably practicable, deposit it at its principal office.

(11) In this section—

“ old authority ” has the same meaning as in the Local Government (Wales) Act 1994;

“ old billing authority ” means a billing authority which is an old authority;

“ new billing authority ” means a billing authority which is a new principal council;

“ listing officer ” means a listing officer for an old billing authority;

“ new listing officer ” means a listing officer for a new billing authority; and

“ new principal council ” has the same meaning as in the Local Government (Wales) Act 1994.

(12) For the purposes of this section—

(a) references to a listing officer’s valuation list are references to the valuation list maintained by him under this Act;

(b) a new listing officer’s area is the area of the new billing authority for which he is appointed;

(c) the appropriate new listing officer, in relation to any information which relates to a dwelling is the new listing officer for the new billing authority in whose area the dwelling is situated; and

(d) information is relevant in relation to a new listing officer, or his area, if it relates to a dwelling which is in his area.

Section 37 Local non-domestic rating lists for Welsh billing authorities.

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Section 38 Council funds for new principal councils.

(1) Each new principal council shall establish, and then maintain, a fund to be known as their council fund.

(2) Any sums received by a new principal council shall be paid into their council fund.

(3) All payments by a new principal council shall be made out of their council fund.

(4) Subsections (2) and (3) do not apply in relation to any sums to be paid into, or payments to be made out of, a trust fund.

(5) Section 101(1)(b) of the 1972 Act (delegation) shall not apply as regards the functions of a new principal council in relation to their council fund.

(6) Each new principal council shall keep accounts of sums paid into, and of payments made out of, their council fund.

(7) Any account kept only in respect of the general expenses of a new principal council shall be known as their general account and any account kept only in respect of any class of their special expenses shall be known as a special account.

(8) The Secretary of State may make regulations—

(a) requiring assets of a prescribed description which fall within a council fund to be held in a separate fund within the council fund;

(b) requiring any fund (other than a trust fund) of a prescribed description which is established by a new principal council to be maintained as a separate fund within their council fund.

(9) The Secretary of State may by regulations make provision with respect to the liability of new principal councils to make payments from their council funds in respect of precepts issued under Chapter IV of Part I of the Local Government Finance Act 1992.

(9A) The National Assembly for Wales may by regulations make provision for the sharing among a new principal council and major precepting authorities, in accordance with rules specified in the regulations, of an amount equal to all or part of any deduction that, in accordance with provision under paragraph 4(4A) of Schedule 8 to the Local Government Finance Act 1988 (local retention of rates), falls to be made in calculating the council’s non-domestic rating contribution for a financial year.

(10) Regulations under subsection (9) or (9A) may, in particular, include provision—

(a) that anything falling to be paid must be paid—

(i) within a prescribed period; and

(ii) in instalments of such amounts, and at such times, as are determined by the billing authority in accordance with prescribed rules;

(b) that the billing authority must inform any precepting authorities when instalments will be paid and how they are to be calculated;

(c) that if an instalment is not paid to a precepting authority in accordance with the regulations, it is to be entitled to interest on the amount of the instalment;

(d) as to the circumstances in which the billing authority is to be treated as having discharged the liability mentioned in subsection (9) or any liability arising under subsection (9A) ;

(e) as to the recovery (by deduction or otherwise) of any excess amount paid by the billing authority to any precepting authority in purported discharge of the liability mentioned in subsection (9) or any liability arising under subsection (9A) .

(11) Schedule 12 makes minor and consequential amendments with respect to funds.

(12) In subsection (9A) “ major precepting authority ” has the meaning given by section 39(1) of the Local Government Finance Act 1992.

Section 39 The Residuary Body for Wales or Corff Gweddilliol Cymru.

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Section 40 The Staff Commission for Wales or Comisiwn Staff Cymru.

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Section 41 Continuity of employment in certain cases of voluntary transfer.

(1) This section applies to a person (“ the employee ”) who at any time ceases to be employed by an old authority if—

(a) the termination of his employment is attributable to any provision made by or under this Act;

(b) he is subsequently employed by another person; and

(c) by virtue of section 138 of the Employment Rights Act 1996 (renewal or re-engagement) that subsequent employment precludes his receiving any redundancy payment under Part XI of that Act with respect to his terminated employment.

(2) Chapter I of Part XIV of the Employment Rights Act 1996 (computation of period of employment for the purposes of that Act) shall have effect as if it provided—

(a) for the period of the employee’s employment by the old authority to count as a period of employment with his new employer; and

(b) for the change of employer not to break the continuity of the period of his employment.

(3) For the purposes of any provision of the employee’s contract of employment with his new employer which depends on his length of service with that employer, the period of his employment with the old authority shall count as a period of employment with his new employer.

Section 42 Transfers of staff.

(1) This section applies to any person (“ a designated employee ”) who, immediately before 1st April 1996 was employed by an abolished body under a contract of employment which would have continued but for the abolition of that body and who is designated, or falls within a class or description of person designated, for the purposes of this section by an order made, at any time, by the Secretary of State.

(2) The contract of employment between a designated employee and the abolished body concerned shall not be terminated by the abolition of the body but shall have effect from 1st April 1996 as if originally made between him and such new employer as may be specified by the relevant designation order under this section.

(3) Such an order may specify as the new employer a new principal council ....

(4) Without prejudice to subsection (2)—

(a) all the rights, powers, duties and liabilities of the abolished body under, or in connection with, the contract shall by virtue of this section be transferred on 1st April 1996 to the new employer; and

(b) anything done before 1st April 1996 by or in relation to the abolished body in respect of the contract or the designated employee shall be deemed from that date to have been done by or in relation to the new employer.

(5) Nothing in this section affects any right of a designated employee to terminate his contract of employment if a substantial change is made in his working conditions, to his detriment, but no such right shall arise by reason only of the change of employer effected by this section.

(6) A class or description of person may be specified by an order under subsection (1) by reference to such list or other document or documents as may be identified in accordance with the order.

(7) In this section “ abolished body ” means an old authority or any joint board which ceases to exist as a result of section 59.

Section 43 Compensation for loss of office or diminution of emoluments.

(1) Where any person—

(a) is, at any time after the passing of this Act, in the service of an old authority or a new principal council , and

(b) suffers loss of employment or diminution of emoluments which is attributable to any provision made by or under this Act,

compensation in respect of any such loss or diminution suffered by him shall be paid only in accordance with regulations made under section 24 of the Superannuation Act 1972.

(2) Accordingly, none of the bodies mentioned in subsection (1) shall pay any such compensation under any other statutory provision, by virtue of any provision in a contract or otherwise.

(3) Subsections (1) and (2) do not preclude the making of any payment to which a person is entitled by virtue of contractual rights acquired by him before 1st December 1993.

(4) No compensation shall be payable under regulations made under the Superannuation Act 1972, to or in respect of a person to whom subsection (1) applies, in respect of any loss or diminution attributable to the termination of a late contract on or before 1st April 1996.

(5) In subsection (4)—

“ late contract ” means a contract which is made after 30th November 1993 and provides for the employment of the person concerned for a fixed term extending beyond 31st March 1996; and

“ loss or diminution ” means loss or diminution of a kind mentioned in subsection (1).

(6) For the purpose of determining under section 138 or 141 of the Employment Rights Act 1996 —

(a) whether the provisions of a new contract offered to a person employed by any such body as is mentioned in subsection (1) differ from the corresponding provisions of his previous contract, and

(b) whether employment under the new contract is suitable in relation to that person,

there shall be treated as forming part of the remuneration payable under the new contract any compensation to which that person is or, if he accepted the offer, would be entitled in accordance with this section.

(7) Subject to subsection (6), nothing in this section shall be taken to affect any entitlement to a redundancy payment under Part XI of the Employment Rights Act 1996 or to any payment by virtue of any provision of the Superannuation Act 1972 other than section 24 of that Act.

Section 44 Redundancy payments.

(1) In determining the effect of any provision of—

(a) Part IX, X or XI of the Employment Rights Act 1996 , or

(b) Chapter II of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992,

in relation to a person whose contract of employment is terminated as a result of this Act, it shall be assumed that he was dismissed by the old authority concerned by reason of redundancy immediately before 1st April 1996 and that his dismissal was proposed by the authority.

(2) For the purposes of this section—

(a) a person’s contract of employment is terminated as a result of this Act if—

(i) immediately before 1st April 1996 he was in the service of an old authority under a contract of employment which would have continued in force if that authority had not been abolished; and

(ii) his contract of employment is not transferred to a new principal council ...; and

(b) a contract of employment is transferred—

(i) to a new principal council, if it is treated by any provision made by this Act, or by or under any other enactment, as continued in force with that council on 1st April 1996; ...

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(3) The new principal council to whom an old authority’s liability as respects any redundancy payment under Part VI of the Act of 1978 is transferred under this Act shall be treated as the employer of the person concerned for the purposes of sections 164, 165, 170 and 179 of the Employment Rights Act 1996 (ancillary provisions about redundancy payments).

(4) As respects any such redundancy payment, references to the relevant date in sections 155, 156, 162 and 164 of the Employment Rights Act 1996 , and in Schedule 4 to that Act, shall be construed as references to 31st March 1996.

Section 45 Other compensation payments.

(1) This section applies where any contract of employment made before 1st December 1993 is terminated as a result of this Act.

(2) Subsection (2) of section 44 applies for the purposes of this section as it applies for the purposes of that section.

(3) If the contract—

(a) provided for the employee’s employment for a fixed term extending beyond 31st March 1996, but

(b) did not provide for the earlier termination of the contract by the authority concerned,

the employee shall be treated as having been entitled, immediately before 1st April 1996, to receive from the old authority an amount equal to the damages which he would have been entitled to recover from that authority if they had not been abolished but had dismissed him immediately before that date.

(4) If the contract (whether or not for a fixed term) provided for its termination by the old authority on payment of compensation for loss of employment, the employee shall be treated as having been entitled, immediately before 1st April 1996, to receive from the old authority an amount equal to the compensation which he would have been entitled to receive from that authority if they had not been abolished but had terminated the contract immediately before that date.

(5) In subsection (4) “ compensation for loss of employment ” does not include any payment to be made under the contract in lieu of notice.

(6) Where the amount of compensation payable under a contract differs according to the reasons for termination of the contract, the amount payable by virtue of subsection (4) shall be determined on the assumption that the contract was terminated by reason of redundancy within the meaning of the Employment Protection (Consolidation) Act 1978 .

(7) The Secretary of State may by regulations exclude the operation of this section in prescribed circumstances (and, in particular, in cases of engagement by new principal councils).

Section 46 Committees of existing councils for consideration of certain matters.

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Section 47 Old and new principal areas with the same name.

(1) Where a local government area established by this Act (“ the new area ”) has the same name as a local government area (“ the old area ”) in existence at any time before the commencement of section 1(1), references in any enactment passed before this Act to the old area by name are not to be read as references to the new area.

(2) This section is subject to any provision to the contrary made by or under this Act.

Section 48 Groups of communities.

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Section 49 Charities.

(1) Where, immediately before the commencement of this section, any property is held exclusively for charitable purposes by any of the old authorities, as sole trustee, that property shall vest on the same trusts in the appropriate council.

(2) Where, immediately before the commencement of this section, any power with respect to a charity was vested in the proper officer of an old authority or in the holder of any other office of an old authority that power shall vest in the corresponding officer of the appropriate council.

(3) Where, immediately before the commencement of this section, an old authority or any officer of an old authority is included among the charity trustees of a charity, those trustees shall include instead the appropriate council or (as the case may be) the corresponding officer of that council.

(4) Where subsection (1) applies and the property in question is held for the benefit of—

(a) a specified area,

(b) the inhabitants of a specified area, or

(c) any particular class or body of persons in a specified area,

the appropriate council is the new principal council whose area comprises the whole, or the greater part, of the specified area.

(5) In any other case falling within this section, the appropriate council is the new principal council whose area comprises the whole, or the greater part, of the area of the old authority in question.

(6) The Secretary of State may by order make provision with respect to any of the matters dealt with by this section, either in substitution for the provision made by this section or by way of supplementing or modifying that provision, and either generally or in relation to prescribed cases or classes of case.

(7) Nothing in this section—

(a) affects any power of Her Majesty, the court or any other person to alter the trusts of any charity; or

(b) applies in a case to which section 50 applies.

(8) In this section “ charity ”, “ charitable purposes ”, “ charity trustees ”, “ court ” and “ trusts ” have the same meaning as in the Charities Act 1993.

Section 50 Welsh Church funds.

(1) The Secretary of State shall by order designate such new principal councils in relation to such areas in Wales as he considers appropriate for the purposes of this section.

(2) Any property which, immediately before the commencement of this section, is vested in an old authority and is required to be applied in accordance with a scheme shall be vested in such designated new principal council as the Secretary of State may by order specify.

(3) Where, by virtue of this section, property is vested in a designated council whose designated area does not comprise the whole of the area of the old authority in question, the designated council shall transfer an apportioned part of the property to any other designated council whose designated area includes part of the area of the old authority.

(4) The terms of any apportionment made for the purposes of subsection (3)—

(a) shall be agreed between the designated councils concerned, or

(b) if they fail to agree, shall be determined by arbitration before a single arbitrator appointed—

(i) by agreement between those councils, or

(ii) if they fail to agree, by the Secretary of State.

(5) The vesting or transfer of any property by virtue of this section shall not affect—

(a) the application of the property in accordance with the scheme which is applicable to it immediately before the commencement of this section, or

(b) the amendment or revocation of any scheme by a further scheme.

(6) In this section—

“ designated ” means designated by order under subsection (1); and

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

Section 51 Control of disposals and contracts.

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Section 52 Application of Part I of the Local Government Act 1988 during transitional period.

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