Clwyd County Council Act 1985
| Jurisdiction | UK Non-devolved |
| Citation | 1985 c. xliv |
| Year | 1985 |
Clwyd County Council Act 1985
ELIZABETH II
1985 CHAPTER xliv
An
Act to re-enact with amendments and to extend certain
local statutory provisions in force within the county of
Clwyd; to confer further powers on the local authorities
in
that county; to make further provision with respect to
the improvement, health and local government of the
county; and for other purposes. [30th October 1985]
VtfHEREAS—
(1)
By
virtue of the Local Government Act
1972
(hereinafter 1972 c. 70.
referred to as "the Act of 1972") the county of Clwyd
(hereinafter referred to as "the county") was constituted on
1st April 1974
so as to
consist of an area comprising
the
follow-
ing
areas
described by reference to administrative areas existing
immediately before the passing of the Act of 1972 namely:—
In the administrative county of Denbigh—
the boroughs of Colwyn Bay, Denbigh, Ruthin and
Wrexham;
the urban districts of
Abergele
and Llangollen;
the rural districts of Aled, Ceiriog, Ruthin, and Wrexham
and part of
the
rural district of Hiraethog;
The administrative county of Flintshire;
In the administrative county of Merioneth—
the rural district of Edeyrnion:
2 c. xliv Clwyd County Council Act 1985
(2) Numerous local enactments were in force in parts of the
said area and by section 262 of the Act of 1972 it
was
provided
that, subject to certain modifications, certain local statutory
provisions should continue to apply to the area, things or
persons
to
which or to whom they applied before 1
st April
1974-
(3) It
was
further provided by the said section
262
that
certain
local statutory provisions should cease to have effect at
the end
of 1984, a period since extended bv order of the Secretary
of
jftate so as to expire at the end of 1986:
(4) It is expedient that certain of the said enactments should
be re-enacted with amendments and applied to the whole of the
county or to parts of the county:
(5) It is expedient to make further provision with respect
to
the improvement, health and local government of the county
and to extend and enlarge in various respects
the powers
of local
authorities in the county:
(6) It is expedient that the other provisions contained
in this
Act should be enacted:
(7) The purposes of this Act cannot be effected without
the
authority of Parliament:
(8) In relation to the promotion of the Bill for this Act
the
requirements of section 239 of the Act of 1972 have been
observed:
May it therefore please Your Majesty that it may be enacted,
and be it enacted, by the Queen's most Excellent Majesty,
by
and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same as follows:—
Citation and
commence-
ment.
Interpre-
tation.
1936 c. 49.
1971 c. 78.
1972 c. 70.
PART I
PRELIMINARY
1.—(1)
This Act may be cited as the Clwyd County Council
Act 1985.
(2) This Act shall come into operation at the end of
three
months beginning with the date on which it is passed.
2.—(1) In this Act, unless the context otherwise requires-
"the Act of 1936" means the Public Health Act 1936;
"the Act of
1971"
means the Town and Country Planning
Act 1971;
"the Act of
1972"
means the Local Government
Act
1972;
Clwyd County Council Act 1985
c. xliv 3
"the Act of 1976" means the Local Government PARTI
(Miscellaneous Provisions) Act 1976; 1976?°57
"the Act of 1980" means the Highways Act 1980;
i980
c. 66.
"the Act of
1984"
means the Road Traffic Regulation Act
1984;
1984
c.
27.
"apparatus" means, in relation to the water authority,
works, mains, pipes and other apparatus belonging to
or maintained by the water authority for the purpose
of any of their functions;
"/the appointed day" has the meaning given by section 3
(Appointed day) of this Act;
"contravention" includes a failure to comply, and
"contravene" shall be construed accordingly;
"the county" means the county of Clwyd;
"the county
council"
means
the County Council of Clwyd;
"daily
fine"
means a
fine
for each day on which an offence
is continued after conviction
thereof;
"district" means a district in the county;
"district council" means the council of
a
district;
"fire authority" has the meaning given by section
43
of the
Fire Precautions Act 1971;
1971
c. 40.
"functions" includes powers and duties;
"the level of high water" means the level of mean high-
water springs save that in respect of the stretch of the
river between the city of Chester and Connah's Quay
it means 4-5 metres above ordnance datum, Newlyn;
"local authority" means the county council or a district
council;
"officer" includes servant;
"open space" means any park, pleasure ground or open
space within the meaning given by section 290 of the
Act of 1971 under the management or control of a
local authority;
"owner" has the meaning given by section 343 of the Act
of 1936;
"public service vehicle" has the meaning given by section
1 of
the
Public Passenger Vehicles Act 1981;
1981
c.
14.
"the river" means the river Dee;
"the standard scale" has the meaning given by section 37
of
the
Criminal Justice Act 1982;
1982
c.
48.
"statutory undertakers" means—
(a) the British Gas Corporation, the Central
Electricity Generating Board, the Merseyside and
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