The Welsh Church Act Funds (Designation and Specification) Order 1996 No. 344

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Statutory Instruments

1996 No. 344

LOCAL GOVERNMENT, ENGLAND AND WALES

WALES

The Welsh Church Act Funds (Designation and Specification) Order 1996

Made

14th February 1996

Laid before Parliament

27th February 1996

Coming into force

1st April 1996

The Secretary of State for Wales, in exercise of the powers conferred upon him by sections 50(1) and (2) and 63(5)(a) of the Local Government (Wales) Act 1994(1), and of all other powers enabling him in that behalf, hereby makes the following Order:-

Citation and commencement

1. The Order may be cited as the Welsh Church Act Funds (Designation and Specification) Order 1996 and shall come into force on 1st April 1996.

Interpretation

2. In this Order-

"the 1994 Act" means the Local Government (Wales) Act 1994;

"old authority" means a county council which ceases to exist as a result of the 1994 Act;

"new authority" means a county or county borough council established under the 1994 Act;

"scheme" means a scheme under section 19 of the Welsh Church Act 1914(2) (application of Welsh Church funds for charitable or eleemosynary purposes).

Designation and specification of new authorities

3.-(1) For the purposes or section 50 of the 1994 Act (Welsh Church funds) each new authority listed in column 1 of Schedule 1 to this Order is designated in relation to the area or areas listed opposite thereto in column 2 of that Schedule.

(2) Any property which is required to be applied in accordance with a scheme and immediately before the commencement of section 50 of the 1994 Act is vested in an old authority listed in column 1 of Schedule 2 to this Order shall, in accordance with the provisions of section 50(2) of the 1994 Act, vest in the new authority, designated under paragraph (1), which is specified opposite thereto in column 2 of that Schedule.

Rights and Liabilities

4. Any rights and liabilities of an old authority in respect of any property which is required to be applied in accordance with a scheme shall transfer to such new authority in which the property is vested.

Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under Secretary of State,

Welsh Office

14th February 1996

Article 3(1)

SCHEDULE 1DESIGNATED NEW AUTHORITIES FOR THE PURPOSES OF SECTION 50 OF THE 1994 ACT

(1)(2)
New AuthorityArea or Areas
Aberconwy and Colwyn County Borough CouncilThe area of the new authority.
Anglesey County CouncilThe area of the new authority.
Caernarfonshire and Merionethshire County CouncilThe area of the new authority.
Cardiganshire County CouncilThe area of the new authority.
Carmarthenshire County CouncilThe area of the new authority.
Denbighshire County CouncilThe area of the new authority.
Flintshire County CouncilThe area of the new authority.
Monmouthshire County CouncilThe area of the new authority together with the areas of Blaenau Gwent, Caerphilly, Newport and Torfaen County Borough Councils.
Neath and Port Talbot County Borough CouncilThe area of the new authority.
Pembrokeshire County CouncilThe area of the new authority.
Powys County CouncilThe area of the new authority.
Rhondda, Cynon, Taff County Borough CouncilThe area of the new authority together with the areas of Bridgend and Merthyr Tydfil County Borough Councils.
Swansea County CouncilThe area of the new authority.
The Vale of Glamorgan County Borough CouncilThe area of the new authority together with the area of Cardiff County Council.
Wrexham County Borough CouncilThe area of the new authority.

Article 3(2)

SCHEDULE 2VESTING OF WELSH CHURCH ACT PROPERTY IN NEW AUTHORITIES

(1)(2)
Old AuthorityNew Authority
Clwyd County CouncilFlintshire County Council.
Dyfed County CouncilCarmarthenshire County Council.
Gwent County CouncilMonmouthshire County Council.
Gwynedd County CouncilCaernarfonshire and Merionethshire County Council.
Mid Glamorgan County CouncilRhondda, Cynon, Taff County Borough Council.
Powys County CouncilPowys County Council.
South Glamorgan County CouncilThe Vale of Glamorgan County Borough Council.
West Glamorgan County CouncilNeath and Port Talbot County Borough Council.

Explanatory Note

(This note is not part of the Order)

The Local Government (Wales) Act 1994 reorganises local government in Wales with effect from 1st April 1996. From that date new principal councils established under the 1994 Act take over the administration of Welsh local government from the old principal councils. Section 50 of the 1994 Act makes general provision for the transfer of Welsh Church Act funds, held by old county councils, which are required to be administered in accordance with schemes made under section 19 of the Welsh Church Act 1914. For the purpose of the operation of section 50, this order designates the new councils who are to hold those funds, and specifies the manner in which the funds are to be allocated amongst councils so designated. The Order also provides that any rights and liabilities in respect of Welsh Church Act funds are to transfer to the new councils who hold those funds.

(1)

1994 c. 19; section 50 of the 1994 Act is commenced on 1st April 1996 by S.I. 1995/3198 (article 5 and Schedule&4uspace;3).


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