The Local Government Area Changes Regulations 1976

Statutory definitions of areas

40.—(1) (a) This paragraph applies to any provision of any Act or of any order, rules or regulations made by a Minister under any Act defining an area for any purpose wholly by reference to entire relevant areas.

In this sub-paragraph, “relevant areas” means —

(i)counties, districts, London boroughs, parishes and communities;

(ii)areas common to parishes or communities;

(iii)Greater London, the City, the Inner Temple and the Middle Temple;

(iv)electoral divisions of counties or of Greater London and wards of districts, London boroughs, parishes, communities and the City;

(v)the areas of former counties, boroughs, urban districts and rural districts;

(vi)any area described in (i) to (v) other than another such area;

(vii)any area described in (i) or (iii) other than an area expressly defined;

(viii)any part of an area described in (i) or (iv) defined wholly by reference to circumstances existing immediately before 1st April 1974;

(ix)any petty sessions area.

(b)In any provision to which this paragraph applies, subject to sub-paragraph (c)—

(i)any reference to any relevant area altered by the order shall be construed as a reference to such area as altered,

(ii)any reference to any relevant area abolished by the order shall cease to have effect, and

(iii)there shall be deemed to be included a reference to any county, district, London borough, parish or community formed by the order and wholly comprised in the area.

(c)Notwithstanding the provision of sub-paragraph (b), the extent of—

• any district of a county court;

• any bailiwick for which an under-sheriff acts;

• any licensing planning area;

• any area specified for the purposes of subsection (3) of section 76 of the Licensing Act 1964 in an order made under that subsection;

• any area specified in regulations made under section 22(3) of the Gaming Act 1968;

• any area specified in an order made under section 9(1) of the Protection of Birds Act 1954;

• the order area of any order made under section 21 of the Town and Country Planning Act 1971;

• the Metropolitan Police District; and

• the Cheshire brine subsidence compensation district,

shall not be altered except by express provision in the order.

(2) Any provision of any Act or of any order, rules or regulations made under any Act defining an area for any purpose to which paragraph (1) does not apply shall not be affected by the order except by express provision therein.

(3) If the order alters any of the counties of Buckinghamshire, Essex, Hertfordshire and Kent the references to those counties in Schedule 1 to the Home Counties (Music and Dancing) Licensing Act 1926 as amended by section 204(7) of the Local Government Act 1972 shall be construed as a reference to those counties as altered.