Article 4 Amendments to the principal order

(1)

The amendments set out in paragraphs (2) to (16) shall be made in the principal order.

(2)

Article 3 (exclusion of certain matters) shall be omitted.

(3)

In article 8 (sewers and sewage disposal works) there shall be added—

“(5)

This article applies to the sewage disposal works of a new town development corporation and to the main sewers constructed by such a corporation under the Public Health Act 1936^f1 and accounted for in the corporation's main sewerage and sewage disposal revenue account.”.

(4)

In article 10—

(a)

there shall be inserted—

“(5A)

Where in relation to any such land as is described in paragraph (5)—

(a)

deposit has not been completed; but

(b)

it has, before 9th November 1973, been resolved that the land shall on the completion of deposit be used (otherwise than temporarily) for the purposes of a particular function,

the land shall be deemed to be held for those purposes and shall be held by the authority to whom it is transferred for those purposes, but the district council shall be entitled to the use of the land for the purposes of the deposit of refuse until such deposit is completed.

Any question whether it has been resolved as described in (b), or whether any use is temporary, shall, subject to the provision of paragraph (6), be determined by the transferor authority.

The use of any land by virtue of this paragraph shall be on such terms as may be determined by agreement between the authorities concerned, or failing such agreement by the decision of a person agreed on by such authorities or in default of agreement appointed by the Secretary of State.

(5B)

Where in relation to any such land as is described in paragraph (5) deposit has been completed but there has been no such resolution as is described in (b) of that paragraph, the land shall not be transferred by article 9.”

; and

(b)

in paragraph (6) for “(4) or (5)” there shall be substituted “(4), (5) or (5A)”.

(5)

In article 13 (balances on accounts of undertakings), in paragraph (2), the words “(or the undertaking other than any land, buildings or works in England)” shall be omitted.

(6)

In article 14—

(a)

in paragraph (1), for “This article” there shall be substituted “Paragraph (2)”;

(b)

in paragraph (2), for “article” there shall be substituted “paragraph”;

(c)

there shall be added—

“(3)

The balance on the combined police fund of the Dyfed-Powys police authority shall be apportioned between the new Dyfed-Powys and South Wales combined police areas and the county of Gwent, being the new areas and the new county in which parts of the area of the authority are comprised, in the proportions which the aggregate rateable values of all the hereditaments in each such part as shown in the valuation lists immediately before 1st April 1974, bear to the aggregate rateable values of all the hereditaments in all such parts, and the amounts so apportioned shall be payable to the new combined police authorities and the County Council of Gwent.”.

(7)

After article 16 there shall be inserted—

“Property of new town development corporations

16A

Any transfer of the property of a new town development corporation made by the preceding articles of this order shall be on the basis of the payment therefor of the total capital cost thereof reduced by the provision as to depreciation already made.”.

(8)

In article 17 (general saving for agreements), in paragraph (4), for “14 and 15” there shall be substituted “14, 15 and 16A”.

(9)

In article 23 (user rights)—

(a)

in paragraph (1) there shall be added—

“In the preceding sub-paragraph the reference to the authority exercising those functions extends to an authority established by the National Health Service Reorganisation Act 1973 exercising such functions. ”;

(b)

in paragraph (4) there shall be added—

“In the preceding sub-paragraph the reference to any other authority exercising any of the functions described in (a) extends to an authority established by the National Health Service Reorganisation Act 1973 exercising the functions so described. ”;

(c)

there shall be inserted—

“(4A)

Any community council established under section 27(3) or (4) of the Act in the area of any borough or urban district shall be entitled, for the proper discharge of their functions, to the use of accommodation in property which immediately before 1st April 1974 is held by the council of the borough or urban district under section 125 of the Local Government Act 1933^f2 ”

; and

(d)

there shall be added—

“(8)

An authority shall not sell, exchange, lease or otherwise dispose of property in respect of which user rights are ensured by this article, or develop the land on which such property is situated, unless they have consulted all authorities entitled to such user rights and made such arrangements as may be determined by agreement between the authorities concerned or failing such agreement by the decision of a person agreed on by such authorities or in default of agreement appointed by the Secretary of State.“”

(10)

In article 28(1) (byelaws) there shall be added—

“If such authority has no power, apart from this sub-paragraph, to amend or revoke byelaws, any byelaws to which the preceding sub-paragraph applies may be amended by a byelaw made under this sub-paragraph. Section 236(3) to (10) of the Act shall apply to any such byelaw and the Secretary of State or any appropriate Minister shall be the confirming authority in relation thereto. In this sub-paragraph ‘the appropriate Minister’, in relation to any byelaw, means the Minister in charge of any Government department concerned with the subject matter of the byelaw; but the validity of the confirmation of any byelaw shall not be affected by any question as to whether or not any Minister so confirming was the appropriate Minister for the purpose. ”.

(11)

In article 38(2) (general provision as to disputes) for “(4) or (5)” there shall be substituted “(4), (5) or (5A)”.

(12)

In Schedule 1 (transfer of particular properties)—

(a)

for the third item there shall be substituted—

“

The council of the rural district of Ceiriog The water undertaking of the council The Severn-Trent Water Authority

”;

(b)

In the fourth item, in column (2) the words “, other than any land, buildings or works in England” shall be omitted.

(13)

Schedule 1 shall be extended by the inclusion of Part I of the Schedule “Extension of Schedule 1 of the Local Authorities (Wales) (Property etc.) Order 1973” signed by an Assistant Secretary in the Welsh Office. The provision contained in Part II of the Schedule shall have effect in relation to particular matters included in Part I. The Schedule is deposited in the offices of the Secretary of State for Wales in Cardiff. Copies of the Schedule have been deposited with the councils of counties and districts in Wales, with the Welsh National Water Development Authority and with the Severn-Trent Water Authority and shall be open to inspection at all reasonable times.

(14)

In Schedule 2 (transfer of specified classes of property etc.)—

(a)

in paragraph 1(c)—

after “port health matters” in the first line there shall be inserted “, excise and licensing matters”;

after “property held” there shall be inserted “(or in the case of a new town development corporation provided)”; and

after “port health authority;” there shall be inserted—

“(iia)

in the case of excise and licensing matters, functions of the Secretary of State for the Environment under the Vehicles (Excise) Act 1971^f3 and Part III of the Road Traffic Act 1972^f4 exercised on his behalf under section 2 of the Vehicle and Driving Licences Act 1969^f5;”;

(b)

in the Table there shall be inserted—

“

5a The county council of Monmouthshire Police matters being local matters in relation to any part of the Gwent combined police area included in the new South Wales combined police area The South Wales Police Authority
Police matters being local matters in relation to any part of the Gwent combined police area included in Gwent The County Council of Gwent
5b The county council of Brecon Excise and licensing matters The District Council of Brecknock
5c The county council of Montgomeryshire Excise and licensing matters The District Council of Montgomery
5d The county council of Radnorshire Excise and licensing matters The District Council of Radnor”
“6a The council of any county not included in items 5b, 5c or 5d or the council of any county borough Excise and licensing matters The council specified in respect of such council in column (2) of Part I or II of Schedule 4”
“14a Any new town development corporation Sewerage and sewage disposal matters The water authority within whose area for sewerage and sewage disposal purposes the area of the new town is comprised
“16 The Dyfed-Powys police authority Local matters in relation to any area of the authority included in the new Dyfed-Powys or South Wales combined police area The combined police authority for the new combined police area
Local matters in relation to any area of the authority included in Gwent The county council or the police committee, as may be appropriate, of the county of Gwent
17 The Gwent police authority Local matters in relation to any area of the authority included in the new South Wales combined police area The South Wales Police Authority
Local matters in relation to any area of the authority included in Gwent The police committee for the county of Gwent
18 The Breconshire, Glamorgan or Monmouthshire probation and after-care committee Local matters in relation to any part of the area of the existing committee included in a new county The committee for the combined probation and after-care area comprised in the new county”

”.

(15)

In Schedule 3 (agreements as to the transfer of property other than land), in Part II there shall be added—

“

The county council of Monmouthshire or the Dyfed-Powys or Gwent police authority The county council of, or the police committee for, the county of Gwent or the combined police authorities for the new combined police areas, in which any area of the existing Dyfed-Powys or Gwent combined police area is comprised

”.

(16)

In Schedule 4 (residual transfer of property etc.), in Part II—

(a)

in column (2), in the entry beginning “The water authority within whose area for water supply purposes” there shall be added—

“, or where water is supplied only to constituent members of the transferor authority, the water authority within whose area for water supply purposes the limits of supply of the constituent members, or a majority of the constituent members, are comprised”

; and

(b)

there shall be added—

“

The Carmarthen (Superannuation) Joint Committee The County Council of Dyfed
The Hawarden-Prestatyn (Superannuation) Joint Committee The County Council of Clwyd
The Mid Glamorgan (Superannuation) Joint Committee The County Council of Mid Glamorgan
The Dyfed-Powys police authority The Dyfed-Powys Police Authority
The Gwent police authority The police committee for the county of Gwent
The Gwynedd police authority The North Wales Police Authority
The South Wales police authority The South Wales Police Authority
The Breconshire probation and after-care committee The Powys Probation and After-care Committee
The Flintshire, Merioneth and North Wales probation and after-care committees The Clwyd and Gwynedd Probation and After-care Committee
The Glamorgan probation and after-care committee The Mid Glamorgan Probation and After-care Committee
The Monmouthshire probation and after-care committee The Gwent Probation and After-care Committee
Any other probation and after-care committee The committee for the combined probation and after-care area in which the area of the existing committee is comprised
Any body constituted by an order under section 112(1) of the Local Government Act 1933 or any enactment replaced by that provision, uniting any county boroughs or county districts The council of the district in which the area of the county boroughs or county districts, or the greater part of the area, is comprised
The West Monmouthshire Omnibus Board The District Council of Islwyn
The Snowdonia Park Joint Advisory Committee The County Council of Gwynedd

”.

(17)

Any reference in the principal order to any provision of that order amended by paragraphs (2) to (16) shall be construed as a reference to the provision as so amended.

Annotations

Footnotes

f1: 1936 c. 49.
f2: 1933 c. 51.
f3: 1971 c. 10.
f4: 1972 c. 20.
f5: 1969 c. 27.

5a	The county council of Monmouthshire	Police matters being local matters in relation to any part of the Gwent combined police area included in the new South Wales combined police area	The South Wales Police Authority
		Police matters being local matters in relation to any part of the Gwent combined police area included in Gwent	The County Council of Gwent
5b	The county council of Brecon	Excise and licensing matters	The District Council of Brecknock
5c	The county council of Montgomeryshire	Excise and licensing matters	The District Council of Montgomery
5d	The county council of Radnorshire	Excise and licensing matters	The District Council of Radnor”
“6a	The council of any county not included in items 5b, 5c or 5d or the council of any county borough	Excise and licensing matters	The council specified in respect of such council in column (2) of Part I or II of Schedule 4”
“14a	Any new town development corporation	Sewerage and sewage disposal matters	The water authority within whose area for sewerage and sewage disposal purposes the area of the new town is comprised
“16	The Dyfed-Powys police authority	Local matters in relation to any area of the authority included in the new Dyfed-Powys or South Wales combined police area	The combined police authority for the new combined police area
		Local matters in relation to any area of the authority included in Gwent	The county council or the police committee, as may be appropriate, of the county of Gwent
17	The Gwent police authority	Local matters in relation to any area of the authority included in the new South Wales combined police area	The South Wales Police Authority
		Local matters in relation to any area of the authority included in Gwent	The police committee for the county of Gwent
18	The Breconshire, Glamorgan or Monmouthshire probation and after-care committee	Local matters in relation to any part of the area of the existing committee included in a new county	The committee for the combined probation and after-care area comprised in the new county”

The Carmarthen (Superannuation) Joint Committee	The County Council of Dyfed
The Hawarden-Prestatyn (Superannuation) Joint Committee	The County Council of Clwyd
The Mid Glamorgan (Superannuation) Joint Committee	The County Council of Mid Glamorgan
The Dyfed-Powys police authority	The Dyfed-Powys Police Authority
The Gwent police authority	The police committee for the county of Gwent
The Gwynedd police authority	The North Wales Police Authority
The South Wales police authority	The South Wales Police Authority
The Breconshire probation and after-care committee	The Powys Probation and After-care Committee
The Flintshire, Merioneth and North Wales probation and after-care committees	The Clwyd and Gwynedd Probation and After-care Committee
The Glamorgan probation and after-care committee	The Mid Glamorgan Probation and After-care Committee
The Monmouthshire probation and after-care committee	The Gwent Probation and After-care Committee
Any other probation and after-care committee	The committee for the combined probation and after-care area in which the area of the existing committee is comprised
Any body constituted by an order under section 112(1) of the Local Government Act 1933 or any enactment replaced by that provision, uniting any county boroughs or county districts	The council of the district in which the area of the county boroughs or county districts, or the greater part of the area, is comprised
The West Monmouthshire Omnibus Board	The District Council of Islwyn
The Snowdonia Park Joint Advisory Committee	The County Council of Gwynedd