STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

Scottish Office Agriculture, Environment and Fisheries Department have been
consulted and have no objection to the proposals.
180 Local Government (Wales) Act 1994
10.1 Several provisions of the Local Government (Wales) Act 1994 that have not been
brought into force are proposed for repeal since they have been rendered
unnecessary by subsequent changes in the law.
10.2 In Schedule 9, paragraph 17(1) would have amended the definition of ‘local
authority’ contained in section 4(11) of the Environmental Protection Act 1990.
This amendment, which would have inserted a reference to ‘England’, was not
brought into force because it was superseded by a later amendment to section
4(11). This later amendment, to insert a reference to ‘England and Wales’, was
made by the Environment Act 1995 16 and came into force on 1 April 1996. 17 The
earlier proposed amendment is therefore unnecessary and is proposed for repeal
on that basis.
10.3 The following provisions are all contained in Schedule 16 to the 1994 Act.
Paragraph 11 would have amended section 73 of the Shops Act 1950. It has not been
brought into force because that Act has been repealed. 18 Paragraph 11 is
therefore now unnecessary.
Paragraph 40(2)(b) would have amended the definition of ‘the appropriate highway authority’
in section 19(1) of the Land Compensation Act 1973. This amendment was found
to be unsatisfactory and was not brought into force. A subsequent amendment
to section 19(1) was made by order under powers provided by the 1994 Act. 19
This has rendered paragraph 40(2)(b) unnecessary.
Paragraph 57(6) would have amended section 100 of the Local Government, Planning and
Land Act 1980. This amendment has not been brought into force and, since an
identical amendment has been made by order under powers provided by the
1994 Act 20 , paragraph 57(6) is now unnecessary.
Paragraph 67 would have amended section 30 of the Aviation Security Act 1982. However,
since that provision has been repealed 21 , the paragraph has not been brought
into force and is therefore now unnecessary.
Paragraph 70 would have amended section 20 of the Value Added Tax Act 1983 but was not
brought into force because that Act has since been repealed and replaced by the
Value Added Tax Act 1994. Paragraph 70 is therefore now unnecessary.
16 Schedule 22, paragraph 46(11).
17 Environment Act 1995 (Commencement No 5 Order), SI 1996/186.
18 Deregulation and Contracting Out Act 1994, sections 23-24, 81 and Schedule 17.
19 The Local Government Reorganisation (Wales) (Consequential Amendments) Order 1996,
SI 1996/525, Article 3 and the Schedule.
20
The Local Government Reorganisation (Wales) (Consequential Amendments No 2) Order
1996, SI 1996/1008.
21 Police and Magistrates’ Courts Act 1994, section 93 and Schedule 9.
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