Statutory Instrument 1995 No. 851 (C. 21)

The Local Government (Wales) Act 1994 (Commencement No. 3) (Amendment) Order 1995

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1995 No. 851 (C. 21)

LOCAL GOVERNMENT, ENGLAND AND WALES
WALES

The Local Government (Wales) Act 1994 (Commencement No. 3) (Amendment) Order 1995

The Secretary of State for Wales, in exercise of the powers conferred on him by sections 63(5) and 66(3) of the Local Government (Wales) Act 1994^[1], and of all other powers enabling him in that behalf, hereby makes the following Order:—

    1.    This Order may be cited as the Local Government (Wales) Act 1994 (Commencement No. 3) (Amendment) Order 1995 and shall come into force on 20th March 1995.

    2.    In article 8 of the Local Government (Wales) Act 1994 (Commencement No. 3) Order 1995^[2], for paragraph (4) there shall be substituted the following paragraph:—
"  (4)  In relation to the commencement of section 17 of the 1994 Act, the provision in paragraph (1) of rule 4 in Schedule 2 to the Local Elections (Principal Areas) Rules 1986 which restricts the place which the returning officer may fix for the delivery of nomination papers to the offices of the council of the district in which the electoral area wholly or mainly lies shall not have effect in relation to the 1995 ordinary elections."

Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under Secretary of State, Welsh Office

15th March 1995

Article 8(4) of the Local Government (Wales) Act 1994 (Commencement No. 3) Order 1995 contains a transitional provision whereby the partial commencement by that Order of section 17 of the 1994 Act is not to apply to rule 4 of Schedule 2 to the Local Elections (Principal Areas) Rules 1986 (S.I. 1986/2214) at the first elections to the new authorities established by the 1994 Act.

Section 17 of the 1994 Act provides for county and district references to be carried forward as references to the new counties and county boroughs in Wales.

In place of the application of section 17 to rule 4(1), article 8(4) of the No. 3 Commencement Order provides, in relation to the first elections, for nomination papers to be delivered at the offices of the existing council which nominated the returning officer. Representations have now shown that this limitation may cause inconvenience in the case of the larger county and county borough areas. For this reason the present amendment is made whereby the restriction to district council offices is removed.

[1] 1994 c. 19. back

[2] S.I. 1995/546. back