OpenLegislation

Article 3 Application

Original text. Later amendments are not shown.

(1)

Nothing in this Order shall apply to—

(a)

property held exclusively for charitable purposes by an old authority as sole trustee or any rights or liabilities in respect of such property (being matters for which provision is made by or under section 49 of the 1994 Act)f1;

(b)

property vested in a new authority by virtue of sections 263 and 264 of the Highways Act 1980f2;

(c)

property vested in an old authority which is required to be applied in accordance with a scheme under section 19 of the Welsh Church Act 1914f3 (being property subject to vesting in a new authority in accordance with section 50 of the 1994 Act) or any rights or liabilities in respect of such propertyf4;

(d)

property, rights or liabilities of an old authority for the transfer of which provision is made by virtue of a scheme made under section 3 of the Environment Act 1995f5 and approved by the Secretary of State;

(e)

a pension fund maintained by an old authority or any rights or liabilities of such an authority in respect of such a fund, for the transfer of which provision is made in the Local Government Pension Scheme (Local Government Reorganisation in Wales) Regulations 1995f6;

(f)

rights or liabilities of an old authority in respect of which provision is made in Part III of the Local Government (Compensation for Redundancy) Regulations 1994f7;

(g)

property, rights or liabilities of an old authority in respect of which provision is made for transfer on 1st April 1996 to the North Wales Fire Authority, the Mid and West Wales Fire Authority or the South Wales Fire Authorityf8;

(h)

rights or liabilities of an old authority for the transfer of which provision is made in the Local Government (Registration Service in Wales) Order 1995f9.

(2)

In this article “charitable purposes” has the same meaning as in the Charities Act 1993f10.

Annotations

Footnotes

f1

Section 49 of the 1994 Act is supplemented and modified by the Local Government Reorganisation (Wales) (Charities) Order 1996 (S.I. 1996/183).

f2

1980 c. 66.

f3

1914 c. 91.

f4

Provision is made for the vesting of Welsh Church Act property and related rights and liabilities in the new authorities specified in the Welsh Church Act Funds (Designation and Specification) Order 1996 (S.I. 1996/344).

f5

1995 c. 25. The schemes to which reference is made relate to the transfer of property, rights and liabilities from waste regulation authorities to the Environment Agency.

f6

S.I. 1995/1985.

f7

S.I. 1994/3025 as amended by S.I. 1996/456.

f8

Such provision is contained in the combination schemes set out in the Schedule to S.I. 1995/3218, 3229 and 3230 respectively.

f9

S.I. 1995/3106.

f10

1993 c. 10.