Local Government (Wales) Act 1994 (Commencement No. 6) Order 1995

1995 No. 3198 (C.73)

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government (Wales) Act 1994 (Commencement No. 6) Order 1995

Made 7th December 1995

The Secretary of State for Wales, in exercise of the powers conferred upon him by sections 63(5) and 66(3) of the Local Government (Wales) Act 19941, hereby makes the following Order:—

S-1 Citation

Citation

1. This Order may be cited as the Local Government (Wales) Act 1994 (Commencement No. 6) Order 1995.

S-2 Interpretation

Interpretation

2. In this Order “the 1994 Act” means the Local Government (Wales) Act 1994.

S-3 Commencement of certain provisions of Part I of the 1994 Act

Commencement of certain provisions of Part I of the 1994 Act

3. The provisions of Part I of, and Schedule 2 to, the 1994 Act which are specified in Schedule 1 to this Order shall come into force on 1st April 1996.

S-4 Commencement of certain provisions of Part II of the 1994 Act

Commencement of certain provisions of Part II of the 1994 Act

4. The provisions of Part II of, and Schedules 4 and 5 to, the 1994 Act which are specified in Schedule 2 to this Order shall come into force on 1st April 1996.

S-5 Commencement of certain provisions of Part VI of the 1994 Act

Commencement of certain provisions of Part VI of the 1994 Act

5. The provisions of Part VI of the 1994 Act which are specified in Schedule 3 to this Order shall come into force on 1st April 1996.

S-6 Commencement of certain provisions of Part VII of the 1994 Act

Commencement of certain provisions of Part VII of the 1994 Act

6.—(1) Subject to paragraph (2) the provisions of Part VII of, and Schedules 16 and 18 to, the 1994 Act which are specified in Schedule 4 to this Order shall come into force on 1st January 1996.

(2) Until 1st April 1996 the meaning of “local authority” in paragraph 5A(4) of Schedule 2 to the European Parliamentary Elections Act 19782shall, in relation to Wales, be interpreted as including the district and county councils created as a result of the Local Government Act 19723, as originally enacted.

(3) The provisions of Part VII of, and Schedule 17 to, the 1994 Act which are specified in Schedule 5 to this Order shall come into force on 1st April 1996.

Gwilym Jones

Parliamentary Under Secretary of State, Welsh Office

7th December 1995

SCHEDULE 1

Article 3

PROVISIONS OF PART I OF, AND SCHEDULE 2 TO, THE 1994 ACT COMING INTO FORCE ON 1ST APRIL 1996

Provision of the 1994 Act

Subject Matter

Section 1(5)

Definition of “local authority”.

Section 1(6)

Definition of “local government area”.

Section 1(8)

Definition of “principal area”.

Section 8

Community meetings and continuation of community councils.

Section 9

Establishment, dissolution and grouping etc. of community councils.

Section 10

Community councils for groups of communities.

Section 11

Community councils for groups of communities: dissolution.

Section 12

Community councils: supplemental provisions.

Section 13

Constitution and powers of community councils.

Section 16

Community having the status of a town.

Paragraphs 1 to 3, 6, 7 and 10 to 12 of Schedule 2, and section 1(3) so far as it relates thereto

Provisions applying to preserved counties.

SCHEDULE 2

Article 4

PROVISIONS OF PART II OF, AND SCHEDULES 4 AND 5 TO, THE 1994 ACT COMING INTO FORCE ON 1ST APRIL 1996

Provision of the 1994 Act

Subject Matter

Section 18(7) and all provisions of Schedule 4

Exercise of planning functions in Wales.

Section 20(1)

Application of Chapter I of the Town and Country Planning Act 19904 in relation to Wales.

Section 20(2)

Application of Chapter I of the Town and Country Planning Act 1990 in relation to Wales: transitional provisions.

Section 20(3) and all provisions of Schedule 5

Unitary development plans in Wales.

Section 23(1)

Fire authorities in Wales.

SCHEDULE 3

Article 5

PROVISIONS OF PART VI OF THE 1994 ACT COMING INTO FORCE ON 1ST APRIL 1996

Provisions of the 1994 Act

Subject Matter

Section 49

Charities.

Section 50

Welsh Church funds.

SCHEDULE 4

Article 6(1)

PROVISIONS OF PART VII, AND SCHEDULES 16 AND 18 TO, THE 1994 ACT COMING INTO FORCE ON 1ST JANUARY 1996

Provision of the 1994 Act

Subject Matter

Paragraph 54(2) of Schedule 16 and section 66(6) so far as it relates thereto

Consequential amendments to the European Parliamentary Elections Act 1978.

In Schedule 18 the repeal to paragraph 5A(4)(a) of Schedule 2 to the European Parliamentary Elections Act 1978; and section 66(8) so far as it relates thereto

Consequential repeal.

SCHEDULE 5

Article 6(3)

PROVISIONS OF PART VII, AND SCHEDULE 17 TO, THE 1994 ACT COMING INTO FORCE ON 1ST APRIL 1996

Provision of the 1994 Act

Subject Matter

Section 62

Sheriffs.

Paragraphs 15 and 17 of Schedule 17, and section 66(7) so far as it relates thereto

Transitional Provisions: Planning.

(This note is not part of the Order)

This Order brings into force various provisions of the Local Government (Wales) Act 1994. Certain provisions come into force on 1st January 1996 (article 6(1) and Schedule 4 provide for this), while the remaining provisions commenced by this Order come into force on 1st April 1996.

(This note is not part of the Order)

The following provisions of the Local Government (Wales) Act 1994 have been brought into force by commencement order made before the date of this Order:

Provision

Date of Commencement

S.I.No.

Section 1(3) (partially) and paragraphs 4 and 5 of Schedule 2

24.10.1994

1994/2790

Section 1(3) (partially) and paragraphs 8 and 9 of Schedule 2

03.04.1995

1995/852

Section 1(3) (partially) and paragraph 13 of Schedule 2

01.10.1995

1995/2490

Section 1(4)

24.10.1994

1994/2790

Section 1(5)(6) and (8) (partially)

24.10.1994

1994/2790

Section 1(5) and (8) (partially)

20.03.1995

1995/546

Section 1(5)(6) and (8) (partially)

03.04.1995

1995/852

Section 1(5) and (8) (partially)

01.10.1995

1995/2490

Sections 2 and 4

20.03.1995

1995/546

Sections 5, 14 and 15

03.04.1995

1995/852

Section 17 (partially)

20.03.1995

1995/546 (amended by 1995/851)

Sections 18(1) to (6) and 19

03.04.1995

1995/852

Section 20(4) (partially) and paragraphs 2 to 4, 11, 12, 21, 23 and 24(1)(b) of Schedule 6

03.04.1995

1995/852

Section 20(4) (partially) and paragraph 24(10)(b) and (17)(a) of Schedule 6

01.10.1995

1995/2490

Section 22(1) (partially) and paragraph 1 of Schedule 7 (partially)

03.04.1995

1995/852

Section 22(1) (partially) and paragraph 27(4) of Schedule 7

01.10.1995

1995/2490

Section 22(2) (partially) and paragraph 3(2) of Schedule 8

01.10.1995

1995/2490

Section 22(4) (partially) and paragraph 14 of Schedule 10

03.04.1995

1995/852

Sections 23(2) to (6), 25 to 38 and Schedule 12

03.04.1995

1995/852

Section 41

15.08.1994

1994/2109

Sections 42, 44, 45 and 51

03.04.1995

1995/852

Section 52

15.08.1994

1994/2109

Sections 53 and 56 to 60

03.04.1995

1995/852

Section 65

15.08.1994

1994/2109

Section 66(5) (partially) and paragraphs 1, 7, 8(5), 9(4)(b), 11(2), 12(b), 18, 19 and 57 of Schedule 15

24.10.1994

1994/2790

Section 66(5) (partially) and paragraph 6 of Schedule 15

20.03.1995

1995/546

Section 66(5) (partially) and paragraphs 3, 20, 23, 26 and 55 of Schedule 15

03.04.1995

1995/852

Section 66(5) (partially) and paragraphs 10(1), 52 and 58 to 61 of Schedule 15

01.10.1995

1995/2490

Section 66(6) (partially) and paragraph 68(6), (7) (partially), (8), (9), (13) to (16) and (19) of Schedule 16

20.03.1995

1995/546

Section 66(6) (partially) and paragraphs 57(1) to (5), 82(1) to (4), 82(5) (partially), 84 to 86, 88, 96, 97 and 106 of Schedule 16

03.04.1995

1995/852

Section 66(6) (partially) and paragraphs 12, 26 and 98 of Schedule 16

01.10.1995

1995/2490

Section 66(7) (partially) and paragraphs 7 and 8 of Schedule 17

20.03.1995

1995/546

Section 66(7) (partially) and paragraphs 2, 3, 5, 10 to 14, and 18 to 23 of Schedule 17

03.04.1995

1995/852

Section 66(8) (partially) and in Schedule 18 the repeals to sections 55(5)(a), 59(2) and 72(2) of the Local Government...

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