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

JurisdictionUK Non-devolved
CitationSI 1995/3198

1995No. 3198 (C. 73)

LOCAL GOVERNMENT, ENGLAND AND WALES

WALES

The Local Government (Wales) Act 1994

(Commencement No. 6) Order 1995

7thDecember1995

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 1994 ( a), hereby makes the following Order:-

Citation

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

Interpretation

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

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.

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.

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.

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.

(a) 1994 c.19.

(2) Until 1st April 1996 the meaning of "local authority" in paragraph 5A(4) of Schedule 2 to the European Parliamentary Elections Act 1978 ( b) shall, in relation to Wales, be interpreted as including the district and county councils created as a result of the Local Government Act 1972 ( c), as originally enacted.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.

Signed by authority of the Secretary of State for Wales

7th December 1995

Gwilym Jones

Parliamentary Under Secretary of State,

Welsh Office

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.

(b) 1978 c.10; paragraph 5A was inserted by the Parliamentary Constituencies Act 1986 (c.56), section 7 and Schedule 3, paragraph 5(6).

(c) 1972 c.70.

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 1990 ( d) 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

Provision 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.

(d) 1990 c.8.

EXPLANATORY NOTE

(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.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(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/...

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