Office of Public Sector Information
SCHEDULE 16 continued
54 (1) In paragraph 4 of Schedule 1 to the European Parliamentary Elections Act 1978 (returning officers etc.), in sub-paragraph (5)(a) omit “and Wales” and at the end insert—
“(aa) in Wales, a county or county borough;”.
(2) In paragraph 5A of Schedule 2 to that Act (local inquiries held by Boundary Commission), in sub-paragraph (4)(a) omit “and Wales” and after “district” insert—
“(aa) in Wales, the council of a county or county borough;”.
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 (1) In section 8(2A) of the Ancient Monuments and Archaeological Areas Act 1979 (recovery of compensation on subsequent grant of scheduled monument consent), in paragraph (c), for “district” substitute “county or county borough”.
(2) In section 35(5) of that Act (notice required of operations in areas of archaeological importance), in paragraph (a) omit “and Wales” and after that paragraph insert—
“(aa) in the case of land in Wales, on the council of each county or county borough in which the site of the operations is wholly or partly situated;”.
(3) In section 61(1) of that Act (interpretation), in the definition of “local authority”, in paragraph (a) omit “and Wales” and after “City of London;” insert—
“(aa) in Wales, the council of a county or county borough;”.
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 [1964 c. 48.] 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) In section 100 of that Act (interpretation of Part X), in subsection (1)(a) after “county council,” insert “county borough council,”.
58 (1) Section 103 of that Act (functions of the Land Authority for Wales), is amended as follows.
(2) In subsection (2)(c), for “county and district councils in whose area the land is situated” substitute “—
(i) the council of any county or county borough in which the land, or any part of the land, is situated, and
(ii) the joint planning board (if any) for the area in which the land, or any part of the land, is situated,”.
(3) For subsection (6), substitute—
“(6) The council of a county or county borough in Wales which makes an assessment of land in its area which is, in its opinion, available and suitable for development may be assisted by the Authority in making that assessment.
(6A) A joint planning board in Wales which makes an assessment of land in its district which is, in its opinion, available and suitable for development may be assisted by the Authority in making that assessment.”
(4) In subsection (7), for “or (6)” substitute “(6) or (6A)”.
(5) In subsection (8), for “or district council” substitute “council, county borough council or joint planning board” and after “the council” insert “or board”.
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) In Schedule 19 to that Act (public authorities who may seek advice from the Land Authority for Wales), in paragraph 1 after sub-paragraph (a) insert—
“(aa) a county borough council,
(ab) a joint planning board in Wales,”.
(7) In Schedule 20 to that Act (Land Authority for Wales: acquisition of land), after paragraph 4 insert—
“4A Where the compulsory purchase order was made by the Authority and the land is situated in the district of a joint planning board in Wales—
(a) a notice under section 12 shall also be served on the board,
(b) the board shall have a right to object in accordance with the notice,
(c) the references in section 13 to objections made by an owner, lessee or occupier shall also include references to an objection made by the board.”
(8) In Schedule 21 to that Act (further functions of the Land Authority for Wales)—
(a) in paragraph 9(1), after “local authority” insert “and joint planning board”; and
(b) in paragraph 9(2) for “district council” substitute “local planning authority” and for “the council” substitute “the local planning authority”.
(9) In Schedule 32 to that Act (enterprise zones)—
(a) in paragraph 1(1) insert, after paragraph (a)—
“(aa) the council of a Welsh county or county borough;”
(b) in sub-paragraph (3) after the first “district” insert “county, county borough”; and
(c) in paragraph 2(2)(a)(ii) omit “or Wales” and after “situated” insert—
“(iia) if the area for which the scheme is to be prepared is in Wales, adequate publicity is given to its provisions in the county or county borough in which the area is situated;”.
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,”.
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,”.
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;”.
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) In section 38 of that Act (local authorities and work for Commission), in subsection (1), after “a county” insert “, county borough”.
(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”.
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”.
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) In section 36 of that Act (marine nature reserves), in paragraph (a) of the definition of “local authority” in subsection (7), after “county council,” insert “a county borough council,”.
(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) In section 72(10) of that Act (functions to which Part I of Schedule 17 to the 1972 Act applies), after “county council” insert “, county borough council”.
(10) In Schedule 12 to that Act (procedure in connection with marine nature reserve orders), in paragraph 9(1), in the definition of “area”, at the end add “or Welsh county or county borough”.
(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”.
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;”.
67 In section 30 of the Aviation Security Act 1982 (supplementary orders), in subsection (3)(c), after “a county” insert “in England”.
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) and after that subsection insert—
“(3AB) Where the polls at—
(a) the ordinary election of councillors for any electoral division of a Welsh county or county borough or an election to fill a casual vacancy occurring in the office of such a councillor, and
(b) the ordinary election of community councillors for any community or an election to fill a casual vacancy occurring in the office of such a councillor,
are to be taken on the same day and the elections are for related electoral areas, the polls at those elections shall be taken together.”
(9) In section 36(4) of that Act (payment of expenses), after “county” insert “a county borough”.
(10) In section 36 of that Act, in subsection (5) omit “or community”, in both places, and “or the community” and after that subsection insert—
“(5A) All the expenditure properly incurred by a returning officer in relation to the holding of an election of a community councillor shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the county or county borough in which the community is situated (“the principal council”), exceed that scale, be paid by the principal council; and if the principal council so require, any expenditure so incurred shall be repaid to them by the community council.”
(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”.
69 In section 1(5) of the Licensing (Occasional Permissions) Act 1983 (restriction on occasional permissions), for “district in Wales or Monmouthshire” substitute “locality”.
70 In section 20 of the Value Added Tax Act 1983 (refunds of tax to local authorities and other bodies), in subsection (6) after “county,” insert “county borough,”.
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”.
72 In section 97 of the Telecommunications Act 1984 (contributions by local authorities towards provision of facilities), in subsection (3)—
(a) in paragraph (a) omit “and Wales”, after “City of London” insert “or” and omit “or a community council”; and
(b) after that paragraph insert—
“(aa) in relation to Wales, means a county council, a county borough council or a community council;”.
73 In section 21 of the Cinemas Act 1985 (interpretation), in subsection (1), in the definition of “local authority”, in paragraph (a) omit “and Wales” and after that paragraph insert—
“(aa) in Wales, a county council or a county borough council;”.
74 (1) In the Representation of the People Act 1985, in sections 6(2A)(c) (absent vote at elections for an indefinite period) and 9(5)(c) (voting as proxy) after “county” insert, in each case, “or county borough”.
(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”.
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”.
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,”.
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;”.
78 In paragraph 5 of Schedule 7 to the Gas Act 1986 (modifications of the Pipe-lines Act 1962), in sub-paragraph (5), in the definition of “local authority”, in paragraph (a) omit “and Wales” and after “City of London;” insert—
“(aa) in Wales, the council of a county or county borough;”.
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;”.
80 In section 6(4)(a) of the Parliamentary Constituencies Act 1986 (local inquiries), after “county” insert “county borough”.
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 certificates);
(b) in section 29 (amendment, cancellation etc of certificates), 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;”.
82 (1) In section 1 of the Coroners Act 1988 (appointment of coroners)—
(a) in subsection (1)—
(i) for “county or Greater London” substitute “county, Greater London or Wales”;
(ii) after first “non-metropolitan county” insert “in England”; and
(iii) in paragraph (c), after first “county” insert “in England”; and
(b) in subsection (2), after second “(b)” insert “or (bb)”.
Local Government (Wales) Act 1994