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Lieutenancies Act 1997 in Northern Ireland

1997 c. 23 · Enacted 19 March 1997 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 18 March 2022.

Contents

  1. 8Consequential amendments, transitional provisions, repeals and revocation.
  2. Preliminary
  3. 1Paragraph 1
  4. Counties in England
  5. 2Paragraph 2
  6. 4Paragraph 4
  7. 5Paragraph 5
  8. Counties in Wales
  9. 6Paragraph 6
  10. Areas in Scotland
  11. 7Paragraph 7
  12. 8Paragraph 8
  13. 9Paragraph 9
  14. General
  15. 1Paragraph 1
  16. 2Paragraph 2
  17. 3Paragraph 3
  18. 4Paragraph 4
  19. 5Paragraph 5
  20. Continuation in office of current office-holders
  21. 6Paragraph 6
  22. 7Paragraph 7
  23. Old references to the lieutenant of a county
  24. 8Paragraph 8
  25. 9Paragraph 9
  26. Schedule 3Repeals

8Consequential amendments, transitional provisions, repeals and revocation.

(1)

In section 61 of the M1Local Government (Wales) Act 1994 (lieutenancies)—

(a)

in subsection (2), for the words “section 130 of the Act of 1980” there shall be substituted the words “ section 1 of, and Schedule 1 to, the Lieutenancies Act 1997 ”; and

(b)

in subsection (3), for the words “Act of 1980” there shall be substituted the words “ Lieutenancies Act 1997 ”.

(2)

In section 9 of the Reserve Forces Act 1996 (enlistment) for the words “Part VI of the Reserve Forces Act 1980” there shall be substituted the words “ the Lieutenancies Act 1997 ”.

(3)

Schedule 2 to this Act (which contains transitional provisions and savings) shall have effect.

(4)

The enactments mentioned in Schedule 3 to this Act (which include some spent enactments) are repealed to the extent specified in the third column of that Schedule.

(5)

Regulation 9 of the M2Local Government Changes for England (Miscellaneous Provision) Regulations 1995 is hereby revoked.

1

The provisions of this Schedule identify the areas which constitute counties in England, counties in Wales or areas in Scotland for the purposes of the lieutenancies in Great Britain.

2

The counties in England for the purposes of this Act are—

(a)

Greater London (excluding the City of London);

(b)

the areas which are to be regarded as counties for those purposes by virtue of paragraph 3; and

(c)

any other areas in England which are counties for the purposes of the M1Local Government Act 1972.

4

The City of London shall be treated as a county for the purposes of sections 5 and 6.

5

The Isles of Scilly shall be treated as part of the county of Cornwall for the purposes of this Act.

6

The counties in Wales for the purposes of this Act are the preserved counties, that is to say, the counties in Wales as they stood immediately before the passing of the M1Local Government (Wales) Act 1994 (but subject to any redrawing of their boundaries by or under that Act or the M2Local Government Act 1972).

7

The areas in Scotland for the purposes of this Act are—

(a)

the cities of Aberdeen, Dundee, Edinburgh and Glasgow; and

(b)

the areas specified in an Order in Council under paragraph 8.

8

Her Majesty may by Order in Council divide Scotland (apart from the cities of Aberdeen, Dundee, Edinburgh and Glasgow) into such areas for the purposes of this Act as She thinks fit.

9

Any deputy lieutenant who, immediately before the date on which an Order in Council under paragraph 8 is made, holds office for an area affected by the Order shall (without prejudice to any power of removal or directing removal from any office) continue to hold office on and after that date as deputy lieutenant for the area in which he resides or for such other area as may be specified in the Order.

1

The substitution of this Act for the enactments repealed or revoked by this Act does not affect the continuity of the law.

2

Anything done (including subordinate legislation made) or having effect as done under a provision reproduced in this Act has effect as if done under the corresponding provision of this Act.

3

References (express or implied) in this Act or any other enactment, instrument or document to a provision of this Act shall, so far as the context permits, be construed as including, in relation to times, circumstances and purposes before the commencement of this Act, a reference to corresponding earlier provisions.

4

A reference (express or implied) in any enactment, instrument or document to a provision reproduced in this Act shall be construed, so far as is required for continuing its effect, as being or, as the case may require, including a reference to the corresponding provision of this Act.

5

Any document made, served or issued on or after the commencement of this Act which contains a reference to any provision reproduced by this Act shall be construed, except so far as a contrary intention appears, as referring or, as the case may require, including a reference to the corresponding provision of this Act.

6

Nothing in this Act prevents the continuation in office of a lord-lieutenant, lieutenant or deputy lieutenant of a county or area who is in office immediately before the commencement of this Act.

This paragraph is without prejudice to any power of removal or directing removal from any office.

7

The repeal by this Act of paragraphs 13(2) and 14(2) of Schedule 8 to the M1Reserve Forces Act 1980 does not affect the operation of any Order in Council or order having effect as made under either of those paragraphs in relation to any person to whom that paragraph applied immediately before the commencement of this Act.

8

Any reference to a lieutenant of a county or Greater London—

(a)

in any enactment passed before the end of the session in which the M1Local Government Act 1972 was passed, or

(b)

in any instrument made before 26th October 1972 (the date of the passing of that Act),

shall continue to be construed as a reference to the lord-lieutenant of a county or of Greater London (as the case may be).

9

Any reference to a lieutenant of a county in Scotland—

(a)

in any enactment passed before the end of the session in which the M1Local Government (Scotland) Act 1973 was passed, or

(b)

in any instrument made before 25th October 1973 (the date of the passing of that Act),

shall continue to be construed as a reference to the lord-lieutenant holding office for an area in Scotland.

Schedule 3Repeals

ChapterShort titleExtent of repeal
1964 c. 42.Administration of Justice Act 1964.In section 26, the word “lieutenants”.
1980 c. 9.Reserve Forces Act 1980.Sections 130 to 137.
In section 138, subsection (1), in subsection (2), the words “the lieutenancies and” and from “and so” to the end, and subsections (3) to (5).
In section 156(1), the definition of “area”.
In Schedule 8, paragraphs 13 and 14.
1994 c. 19.Local Government (Wales) Act 1994.Section 61(1) and (5).
1994 c. 39.Local Government etc. (Scotland) Act 1994.In Schedule 13, paragraph 116.
1996 c. 14.Reserve Forces Act 1996.Section 121.
Schedule 6.