Local Government (Wales) Act 1994 Explained

Short Title:Local Government (Wales) Act 1994
Type:Act
Parliament:Parliament of the United Kingdom
Long Title:An Act to make provision with respect to local government in Wales.
Year:1994
Statute Book Chapter:1994 c.19
Territorial Extent:England and Wales
Royal Assent:5 July 1994
Commencement:1 April 1996
Amends:Local Government Act 1972
Status:Amended
Original Text:https://www.legislation.gov.uk/ukpga/1994/19/enacted
Revised Text:https://www.legislation.gov.uk/ukpga/1994/19?view=extent&timeline=false

The Local Government (Wales) Act 1994 (c. 19) is an Act of the Parliament of the United Kingdom which amended the Local Government Act 1972 to create the current local government structure in Wales of 22 unitary authority areas, referred to as principal areas in the Act,[1] and abolished the previous two-tier structure of counties and districts. It came into effect on 1 April 1996.

Background

In June 1991, the Secretary of State for Wales, David Hunt, published a consultation paper on reform of local government in Wales. The paper proposed the replacing of the existing two-tier system of administrative counties and districts, established by the Local Government Act 1972 in 1974, with unitary authorities. The number and size of the unitary areas was not set down, instead three options were given for ten, twenty or twenty-four new councils.On 3 March 1992, the Secretary of State made a statement in the House of Commons, in which he stated that the number of proposed unitary authorities was to be twenty-three. He further stated:

The areas of the new councils were not precisely defined, although a map was issued at the time of the statement.[2]

The Conservatives held power at the general election held on 9 April 1992, and a white paper Local government in Wales: A Charter for the Future was published on St David's Day, 1 March 1993.[3] The number of unitary authorities had been reduced to twenty-one, with the deletion of separate authorities for Merionethshire and Montgomeryshire, and their areas and proposed names were given. speaking in the commons, David Hunt said:

The fire service, previously administered by county councils, was to be organised as three combined authorities. Elections for the new councils was to be in 1994, initially acting as "shadow authorities" until 1 April 1995, when they would assume their responsibilities.[4]

Unitary authorities proposed by the 1993 white paper! Proposed Authority! Existing council areas
Aberconwy and ColwynAberconwy, Colwyn districts
AngleseyYnys Mon - Isle of Anglesey district
BridgendOgwr district less the communities of Coychurch, Ewenny, St Bride's Major, Wick
Caernarfon and MeirionnyddArfon, Dwyfor and Meirionnydd districts, the communities of Cynwyd and Llandrillo from Glyndwr district
CaerphillyIslwyn district, Rhymney Valley district less Daren Valley, New Tredegar and Rhymney communities
CardiffCardiff district and the community of Pentyrch from Taff-Ely district
CardiganshireCeredigion district
CarmarthenshireCarmarthen, Dinefwr, Llanelli districts
DenbighshireRhuddlan district, most of Glyndwr district, part of Delyn district
FlintshireAlyn and Deeside district, most of Delyn district
Glamorgan ValleysCynon Valley and Rhondda districts and the district of Taff-Ely less Pentyrch community
Heads of the ValleysMerthyr Tydfil district, Blaenau Gwent district less Llanelly community, Daren Valley, New Tredegar and Rhymney communities from Rhymney Valley district
Mid WalesMontgomeryshire and Radnorshire districts, Brecknock district less Ystradgynlais and Tawe Uchaf communities, the community of Llanelly from Blaenau Gwent district.
MonmouthshireMonmouth district
NewportNewport district
PembrokeshirePreseli Pembrokeshire and South Pembrokeshire districts
SwanseaLliw Valley and Swansea districts
TorfaenTorfaen district
Vale of GlamorganVale of Glamorgan district, the communities of Coychurch, Ewenny, St Bride's Major, Wick from Ogwr district
West GlamorganNeath, Port Talbot districts, Ystradgynlais and Tawe Uchaf communities from Brecknock district
WrexhamWrexham Maelor district

In May 1993, a cabinet reshuffle led to John Redwood replacing David Hunt as Welsh Secretary. In November 1993, the reorganisation was put back by a year to 1 April 1996 to allow more time for consultation.[5] The Glamorgan Valleys authority was to be renamed as Rhondda Cynon Taff, and a number of boundary changes were made. Following representations, the Heads of Valleys area was split into Merthyr Tydfil and Blaenau Gwent, each approximating to an existing district increasing the number of unitary authorities to twenty-two:

The Local Government (Wales) Bill was introduced to the Commons in June 1994. The debate on the bill led to a number of opposition amendments which sought to increase the number of councils, with representations being made by Members of Parliament for the affected areas.[6] None of these amendments was successful and the Bill was passed by both houses and received the Royal Assent on 5 July 1994.

The Act

The Act established, from 1 April 1996, twenty-two new unitary authority areas, to be known as 'counties' or 'county boroughs', and abolished the eight local government counties and 37 districts that had been formed in 1974. "Preserved counties", based on the previous local government counties as established in 1974, were created for the purposes of lieutenancy and shrievality.

The Act also gives the legal definition of the territory of Wales was defined by the combined area of Welsh counties under section 20 of Local Government Act 1972. The counties were reorganised by the Local Government (Wales) Act 1994 but the territorial definition of Wales remained unchanged.[7]

Each new unitary authority area was to have an elected council and be divided into electoral districts, each returning one councillor. The entire council of each area was to be elected every four years, with the first election in 1995.

Section 245 of the Local Government Act 1972 allowed local government districts to petition the Privy Council in order acquire borough status. As the 1994 Act abolished the districts in Wales, it inserted a section 245A in the 1972 Act to allow the new unitary authority areas which did not have the status of a borough to acquire it. As the only unitary authority areas that are not already styled as 'boroughs' are styled as 'counties', this leads to the curious provision that a council can petition for its county to become a county borough.

The Secretary of State was empowered to direct a council to make a decentralisation scheme, with area committees being formed of all the councillors for a specified area. This provision has been used to create, for example, area committees for Brecknockshire, Montgomeryshire and Radnorshire in Powys, and the Arfon, Dwyfor and Meirionnydd in Gwynedd.

Schedule 1 listed the new counties and county boroughs:

Counties

English nameWelsh nameArea
AngleseySir FônThe district of Ynys Môn – Isle of Anglesey.
Caernarfonshire and MerionethshireSir Gaernarfon a MeirionnyddThe districts of Arfon, Dwyfor, and Meirionnydd.
CardiffCaerdyddThe district of Cardiff, together with (from the district of Taff-Ely) the community of Pentyrch.
CardiganshireSir AberteifiThe district of Ceredigion.
CarmarthenshireSir GaerfyrddinThe districts of Carmarthen, Llanelli and Dinefwr.
DenbighshireSir DdinbychThe district of Rhuddlan, together with (from the district of Glyndwr) the communities of Aberwheeler, Cynwyd, Llandrillo, Henllan, Denbigh, Llandyrnog, Llangynhafal, Llanynys, Llanrhaeadr-yng-Nghinmeirch, Nantglyn, Cyffylliog, Ruthin, Llanbedr Dyffryn Clwyd, Llanferres, Clocaenog, Efenechtyd, Llandegla, Llanfair Dyffryn Clwyd, Llanarmon-yn-Iajl, Llanelidan, Derwen, Betws Gwerfil Goch, Gwyddelwern, Bryneglwys, Corwen, Llantysilio, Llangollen and Llangollen Rural with (from the district of Colwyn) the communities of Trefnant and Cefnmeiriadog.
FlintshireSir y FflintThe districts of Alyn and Deeside and Delyn.
MonmouthshireSir FynwyThe district of Monmouth together with (from the district of Blaenau Gwent) the community of Llanelly.
PembrokeshireSir BenfroThe districts of Preseli Pembrokeshire and South Pembrokeshire, together with Caldey Island and St Margaret's Island.
PowysPowysThe districts of Montgomeryshire, Radnorshire and Brecknock, together with (from the district of Glyndwr) the communities of Llanrhaeadr-ym-Mochnant, Llansilin and Llangedwyn.
SwanseaAbertaweThe district of Swansea, together with (from the district of Lliw Valley) the communities of Gowerton, Llwchwr, Gorseinon, Grovesend, Pontardulais, Mawr, Pont-Lliw, Penllergaer, Llangyfelach and Clydach.

Caernarfonshire and Merionethshire was subsequently renamed as Gwynedd and Cardiganshire was renamed Ceredigion by their respective councils.

County Boroughs

English nameWelsh nameArea
Aberconwy and ColwynAberconwy a CholwynThe districts of Aberconwy and Colwyn, but excluding (from the district of Colwyn) the communities of Cefnmeiriadog and Trefnant.
Blaenau GwentBlaenau GwentThe district of Blaenau Gwent (excluding the community of Llanelly).
BridgendPen-y-bont ar OgwrThe district of Ogwr, but excluding the communities of Wick, St Bride's Major and Ewenny.
CaerphillyCaerffiliThe districts of Islwyn and Rhymney Valley.
Merthyr TydfilMerthyr TudfulThe district of Merthyr Tydfil.
Neath and Port TalbotCastell-nedd a Phort TalbotThe districts of Neath and Port Talbot, together with (from the district of Lliw Valley) the communities of Pontardawe, Gwaun-Cae-Gurwen, Cwmllynfell, Ystalyfera and Cilybebyll.
NewportCasnewyddThe district of Newport.
Rhondda, Cynon, TafRhondda, Cynon, TafThe districts of Rhondda, Cynon Valley, and Taff-Ely, but excluding (from the district of Taff-Ely) the community of Pentyrch.
TorfaenTor-faenThe district of Torfaen.
The Vale of GlamorganBro MorgannwgThe district of Vale of Glamorgan, together with (from the district of Ogwr) the communities of Wick, St Bride's Major and Ewenny.
WrexhamWrecsamThe district of Wrexham Maelor, together with (from the district of Glyndŵr) the communities of Chirk, Glyntraian, Llansantffraid Glyn Ceiriog, and Ceiriog Ucha.

Aberconwy and Colwyn was subsequently renamed Conwy and Neath and Port Talbot was renamed as Neath Port Talbot by their respective councils.

See also

External links

Notes and References

  1. Local Government (Wales) Act 1994, s. 1
  2. https://publications.parliament.uk/pa/cm199192/cmhansrd/1992-03-03/Debate-1.html House of Commons Hansard Debates for 3 Mar 1992
  3. Book: Local Government in Wales: A Charter for the Future . Welsh Office . HMSO . 9780101215527.
  4. https://publications.parliament.uk/pa/cm199293/cmhansrd/1993-03-01/Debate-1.html House of Commons Hansard Debates for 1 Mar 1993
  5. https://publications.parliament.uk/pa/cm199394/cmhansrd/1993-11-22/Debate-1.html House of Commons Hansard Debates for 22 Nov 1993
  6. https://publications.parliament.uk/pa/cm199394/cmhansrd/1994-06-15/Debate-2.html House of Commons Hansard Debates for 15 June 1994
  7. Web site: 2016-04-20 . The Constitution Series: 1 – Wales in the United Kingdom . 2023-02-20 . https://web.archive.org/web/20160420062743/http://www.assembly.wales/Research%20Documents/The%20Constitution%20Wales%20in%20the%20United%20Kingdom%20-%20Quick%20guide-22072011-217207/qg07-0001-English.pdf . 20 April 2016 .