Section 12 Interpretation of Part II.E1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 12(1) (defn. of "principal council") para. (aa) added (prosp.) by Local Government (Wales) Act 1994 s. 66(6) Sch. 16 para. 77
s. 12(1) (defn. of "principal council") para. (a) repealed in part (prosp.) by Local Government (Wales) Act 1994 s. 66(6)(8) Sch. 16 para. 77 Sch. 18
s. 12(1) (defns. "local authority""principal council") para. (b) amended (S) by Local Government etc. (Scotland) Act 1994 Sch. 13 para. 147

(1)

In this Part—

“local authority”—

(a)

in relation to England F1. . ., means a local authority within the meaning of the Local Government Act 1972 or the Common Council of the City of London; and

F2(aa)

in relation to Wales, means the council of a county or of a county borough;

(b)

in relation to Scotland, has the same meaning as in the Local Government (Scotland) Act, 1973; and

“principal council”—

(a)

in relation to England and Wales, means the council of a non-metropolitan county, of a district, or of a London borough; and

(b)

in relation to Scotland, means a regional or islands council.

(2)

References in this Part to—

(a)

a public airport company;

(b)

the controlling authority of a public airport company;

(c)

a composite authority;

(d)

constituent councils of a composite authority; or

(e)

an associated company,

shall be read in accordance with the relevant provisions of section 16.

(3)

For the purposes of this Part an airport shall be treated as controlled by a principal council or (as the case may be) be two or more principal councils jointly if it is for the time being owned—

(a)

by the council or jointly by those councils; or

(b)

by a subsidiary of that council or those councils; or

(c)

by the council or those councils jointly with any such subsidiary.

(4)

Any reference in this Part, in relation to two or more principal councils, to a subsidiary of those councils shall be read as a reference to a body corporate which would, if those councils were a single body corporate, be a subsidiary of that body corporate.

Annotations

Textual amendments

F1: Words in s. 12(1)(a) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 77, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F2: S. 12(1)(aa) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 77 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

Extent

E1: This version of this provision extends to England and Wales only; a separate version has been created for Scotland only