Local Government Reorganisation (Wales) (Transitional Provisions No. 2) Order 1995

JurisdictionUK Non-devolved
CitationSI 1995/1042
Year1995

1995 No. 1042

LOCAL GOVERNMENT, ENGLAND AND WALES

WALES

The Local Government Reorganisation (Wales) (Transitional Provisions No. 2) Order 1995

Made 11th April 1995

Laid before Parliament 13th April 1995

Coming into Force 4th May 1995

The Secretary of State for Wales, in exercise of the powers conferred on him by section 54(1), (2)(a), (b), (e) and (i) of the Local Government (Wales) Act 19941, hereby makes the following Order:

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Local Government Reorganisation (Wales) (Transitional Provisions No. 2) Order 1995 and shall come into force on 4th May 1995.

S-2 Interpretation

Interpretation

2. In this Order—

“the 1972 Act” means the Local Government Act 19722;

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

“existing authority” means a county or district council or joint board which will cease to exist as a result of the 1994 Act;

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

“the transitional period” means the period beginning with 4th May 1995 and ending on 31st March 1996.

S-3 Functions and powers of new authorities during the transitional period

Functions and powers of new authorities during the transitional period

3.—(1) Without prejudice to any functions or powers otherwise conferred on it, each new authority shall, during the transitional period, have the functions and powers described in this article.

(2) Each new authority shall—

(a)

(a) prepare itself for the assumption of its full functions and powers on 1st April 1996 and shall, in particular, establish such committees and sub-committees, appoint such staff, and prepare such budgets, plans, schemes and other things as are, or will be, required for that purpose; and

(b)

(b) liaise as necessary with any appropriate existing authority for the purpose of ensuring continuity in the performance of its functions on and after 1st April 1996.

(3) Each new authority may exercise any of the powers contained in the provisions of the 1972 Act specified in the following Table—

Section

101

Arrangement for discharge of functions.

102

Appointment of committees.

111

Subsidiary powers of local authorities.

112

Appointment of staff.

113

Placing of staff of local authorities at disposal of other local authorities.

118

Payment of salary, etc, due to mentally disordered person.

119

Payments due to deceased officers.

120

Acquisition of land by agreement by principal councils.

123

Disposal of land by principal councils.

132

Provision of offices, etc, by principal councils.

135

Contracts of local authorities.

136

Contributions towards expenditure on concurrent functions.

139

Acceptance of gifts of property.

140, 140A, 140B and 140C

Insurance.

141

Research and the collection of information.

142

Provision of information, etc, relating to matters affecting local government.

143

Subscriptions to local government associations.

S-4 Controls etc applicable to new authorities during the transitional period

Controls etc applicable to new authorities during the transitional period

4.—(1) During the transitional period a new authority shall, subject to any provision to the contrary, discharge its functions in the same manner and subject to the same regulation, requirements, controls and constraints as an existing authority and, in particular, the provisions specified in the following Table shall apply to each new authority notwithstanding it does not have the full functions and powers of a local authority—

Provision

Section 22 of the 1972 Act

Chairman of a principal council.

Section 23 of the 1972 Act

Election of chairman of a principal council.

Section 24 of the 1972 Act

Vice chairman of a principal council.

Section 70 of the 1972 Act

Restriction on promotion of Bills for changing local government areas, etc.

Part V of the 1972 Act

General provisions as to members and proceedings of local authorities.

Part VA of the 1972 Act

Access to meetings and documents of certain authorities, committees and sub-committees.

Section 103 of the 1972 Act

Expenses of joint committees.

Section 104 of the 1972 Act

Disqualification for membership of committees and joint committees.

Section 105 of the 1972 Act

Disability for voting on account of interest in contracts, etc.

Section 106 of the 1972 Act

Standing orders.

Section 114 of the 1972 Act

Security to be taken in relation to officers.

Section 115 of the 1972 Act

Accountability of officers.

Section 116 of the 1972 Act

Members of local authorities not to be appointed as officers.

Section 117 of the 1972 Act

Disclosure by officers of interest in contracts.

Section 128 of the 1972 Act

Consents to land transactions by local authorities and protection of purchasers.

Section 131 of the 1972 Act

Savings.

Section 146 of the 1972 Act

Transfer of securities on alteration of area, etc.

Section 151 of the 1972 Act

Financial administration.

Section 174 of the 1972 Act

Travelling allowance and subsistence allowance.

Section 175 of the 1972 Act

Allowances for attending conferences and meetings.

Section 176 of the 1972 Act

Payment of expenses of official and courtesy visits, etc.

Section 177 of the 1972 Act

Provisions supplementary to sections 173 to 176.

Section 178 of the 1972 Act

Regulations as to allowances.

Section 224 of the 1972 Act

Arrangements by principal councils for custody of documents.

Section 225 of the 1972 Act

Deposit of documents with proper officer of authority, etc.

Section 228 of the 1972 Act

Inspection of documents.

Section 229 of the 1972 Act

Photographic copies of documents.

Section 232 of the 1972 Act

Public notices.

Section 234 of the 1972 Act

Authentication of documents.

Section 7 of the Superannuation Act 19723

Superannuation of persons employed in local government service, etc.

Part III of the Local Government Act 19744

Local government administration.

Part III of the Local Government Finance Act 19825

Accounts and audit.

Part VIII of the Local Government Finance Act 19886

Financial administration.

Part I of the Local Government and Housing Act 19897

Local authority members, officers, staff and committees, etc.

Section 31 of the Local Government and Housing Act 1989

National Code of Local Government Conduct.

Part IV of the Local Government and Housing Act 1989

Revenue accounts and capital finances of local authorities.

The Local Authorities (Members' Allowances) Regulations 1991.8

The Local Authorities (Standing Orders) Regulations 19939 except for the provisions of paragraphs 1 and 2 of Part I of Schedule 1 and paragraph 3(a) of Part II of that Schedule.

(2) Regulation 6(1) of the Local Authorities (Members' Allowances) Regulations 1991 shall be construed as requiring each new authority as soon as practicable after 4th May 1995 to make a scheme in accordance with those Regulations for the payment of allowances in respect of the period up to 1st April 1996 and for subsequent years.

(3) A scheme made in accordance with paragraph (2) shall have effect from 4th May 1995.

S-5 Application of Secretary of State directions etc to new authorities during the transitional period

Application of Secretary of State directions etc to new authorities during the transitional period

5. Where under any provision the Secretary of State is empowered to give directions or issue guidance to an existing authority, or is otherwise empowered to make a decision in relation to an existing authority, that power may be exercised during the transitional period in relation to a new authority to the extent that this is consistent with the powers and duties conferred and imposed on such authority.

S-6 Duty of existing authorities to assist new authorities

Duty of existing authorities to assist new authorities

6. Each existing authority shall provide any new authority with such assistance and information as that new authority may reasonably request for the purposes of discharging any of its functions.

S-7 Access by new authorities to information held by existing authorities

Access by new authorities to information held by existing authorities

7.—(1) The right conferred by this article shall be exercisable by a new authority against any existing authority.

(2) Upon giving reasonable notice, a new authority (acting through any authorised officer) shall have the right at all reasonable times to inspect and take copies of recorded information (wherever held and in whatever form), or otherwise extract information therefrom, to which access is necessarily required for the proper discharge of its functions.

(3) The existing authority against whom the right is exercised shall supply all such information and assistance as may reasonably be required in relation to the exercise of the right.

(4) The duty imposed upon an existing authority, when a new authority exercises its right under this article, is in addition to, and without prejudice to, the duty imposed upon that authority by article 6 or any duty otherwise imposed.

S-8 Registers and similar records required to be maintained

Registers and similar records required to be maintained

8.—(1) This article applies to a new authority (“a relevant authority”) which does not, or will not, receive from an existing authority all of the material comprised in any register maintained by the existing authority so far as relevant to the area of the new authority.

(2) Upon giving reasonable notice, a relevant authority (acting through any authorised officer) shall at all reasonable times be entitled to access to such material as is referred to in paragraph (1) which it has not received, or will not receive, whether in the possession of an existing authority or new authority, to enable copies to be taken or information extracted.

(3) In fulfilling its obligation to maintain a register, a relevant authority may incorporate with any material copied or extracted in accordance with paragraph (2) a certificate that it is a true copy of, or extract from, the register from which it...

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