Statutory Instruments
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 1994(1), 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.

(2) Until 1st April 1996 the meaning of “local authority” in paragraph 5A(4) of Schedule 2 to the European Parliamentary Elections Act 1978(2) shall, in relation to Wales, be interpreted as including the district and county councils created as a result of the Local Government Act 1972(3), as originally enacted.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

Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
7th December 1995

Article 3

SCHEDULE 1PROVISIONS 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.

Article 4

SCHEDULE 2PROVISIONS 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(4) 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.

Article 5

SCHEDULE 3PROVISIONS 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.

Article 6(1)

SCHEDULE 4PROVISIONS 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.

Article 6(3)

SCHEDULE 5PROVISIONS 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.

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
1995/2490

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 Act 1972
24.10.1994
1994/2790

Section 66(8) (partially) and in Schedule 18 the repeals to sections 35(1) and 36(3)(b) of the Representation of the People Act 1983
20.03.1995
1995/546

Section 66(8) (partially) and in Schedule 18 the repeals to section 74(3) and (4) of the Local Government Act 1972, sections 4(7) and 20(1)(a) of the Local Government, Planning and Land Act 1980, and sections 1(3) and 2(1) of the Town and Country Planning Act 1990
03.04.1995
1995/852

Section 66(8) (partially) and in Schedule 18 the repeals of Part IV of Schedule 4 and Schedule 10 to the Local Government Act 1972, and the repeals to paragraph 8 of Schedule 8 and paragraph 3(2)(b) and (c) of Schedule 11 to that Act
01.10.1995
1995/2490



(1)
1994 c. 19.

(2)
1978 c. 10; paragraph 5A was inserted by the Parliamentary Constituencies Act 1986 (c. 56), section 7 and Schedule 3, paragraph 5(6).

(3)
1972 c. 70.

(4)
1990 c. 8.