Statutory Instruments

1973 No. 375 (c. 14)

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Act 1972 (Commencement No. 2) (Wales) Order 1973

Made

2nd March 1973

The Secretary of State for Wales, in exercise of the powers conferred upon him by section 273(2) of the Local Government Act 1972 and of all other powers enabling him in that behalf, hereby makes the following order:-

Citation, application and interpretation

1. This order may be cited as the Local Government Act 1972 (Commencement No. 2) (Wales) Order 1973.

2. This order shall apply to the area consisting of the counties established by section 20 (new local government areas in Wales).

3.-(1) The Interpretation Act 1889 shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.

(2) In this order, "the Act" means the Local Government Act 1972.

(3) Any reference in this order to a numbered section, Part or Schedule shall be construed as a reference to the section, Part or Schedule bearing that number in the Act.

New county and district councils

4. In respect of new county and district councils the following sections, namely-

sections 101 to 103
section 105
sections 112 to 116
sections 118 to 123
sections 128 to 132
sections 135 and 136
sections 139 to 143
section 148
section 151
section 153
section 224
section 228
section 231
sections 233 and 234
section 251(1) in so far as it extends to paragraphs 3, 4 and 8 of Schedule 29 shall come into force-
(a)
in the case of county councils, on 16th April 1973; and
(b)
in the case of district councils, on 14th May 1973.

Community councils

5. In respect of community councils established under section 27(3) or (4), the following sections, namely-

section 89(6)
sections 101 to 103
section 105
sections 112 to 116
sections 118 and 119
section 134(2) to (5)
sections 135 and 136
section 140
sections 142 and 143
section 150(1), (5) and (6)
section 151
section 228(1) to (7)
section 231
sections 233 and 234
section 251(1) in so far as it extends to paragraphs 4 and 8 of Schedule 29 shall come into force on 11th February 1974.

Joint boards and port health authorities

6. In respect of joint boards to which Part VI applies or port health authorities, sections 101 to 103 and 105 shall come into force on 1st April 1973.

Police authorities

7. Sections 107 and 196(2) shall come into force as respects-

(a)the police committee of any new county council; and

(b)the combined police authority for any new counties,

at the date of the resolution of the new county council constituting the police committee or of the order of the Secretary of State for the Home Department approving or making the amalgamation scheme under the Police Act 1964 constituting the combined police authority, as the case may be.

Other provisions

8. Sections 53 to 59 shall come into force on 1st December 1973.

9.-(1) Sections 154 to 167, 196(3) and 197(4), and section 251(1) in so far as it extends to paragraph 7(1) of Schedule 29, shall come into force-

(a)as respects the accounts of county councils and the committees and officers thereof, on 16th April 1973;

(b)as respects the accounts of district councils and authorities to be covered by resolutions thereof under section 154(2)(d) and the committees and officers of such councils and authorities, on 14th May 1973; and

(c)as respects the accounts of any authority to which article 7 above applies, at the date specified in that article in respect of that authority.

(2) Sections 154(2) and 164 shall come into force as respects the accounts of any such joint committee as is described in section 154(2)(e) on the date on which the joint committee is established.

(3) Section 251(1) in so far as it extends to paragraph 7(2) to (5) of Schedule 29 shall come into force on 1st April 1973.

10. The following sections, namely-

section 111, 168, 171 and 214 (3) and (4)
section 217(7) in so far as it extends to paragraph 3 of Schedule 27
section 219(2)
section 240 except subsections (3) and (7)

shall come into force on 1st April 1973.

Interim action

11. For the purposes of the preparation or service of any precept, or the preparation or approval of any rate, to be made in respect of a period commencing on 1st April 1974, any provision of the Act which is, under section 273(1) thereof, not in force on 1st January 1974 shall come into force on that date.

12. For the purposes of taking any action authorised by any enactment (whether or not involving the expenditure of money) by any authority to ensure effective and convenient local government as from 1st April 1974, the provisions of the Act of which section 273(1) applies, so far as they have; on 1st April 1973, not been brought into force, shall be deemed to have come into force on that date.

Repeals

13. The repeal effected by section 272 and Schedule 30 of any provision specified in column (1) of the following table shall come into force, in respect of the authorities or areas specified in respect of such provision in column (2), on the date so specified in column (3).

TABLE

(1)	(2)	(3)
Section 50(1) of the Local Government Act 1933	Parishes	1st April 1973
Sections 140 to 143 and 145 of that Act	All areas	2nd April 1973
Section 193(3) and (5) of that Act	Parishes	1st April 1973
In section 88 of the Education Act 1944 the words "but a local education authority" onwards	New county councils	16th April 1973
In section 172(1) of the Representation of the People Act 1949 the definition of "county"	County councils	1st April 1973

Signed by authority of the Secretary of State.

Owen Morris

An Under Secretary

Welsh Office