Kilmarnock Burgh Extension &c. Order Confirmation Act 1935
| Jurisdiction | UK Non-devolved |
| Citation | 1935 c. lvi |
| Year | 1935 |
[25
&
26
GEO.
5.] Kilmarnock Burgh [Ch. lvi.]
Extension &c. Order Confirmation Act, 1935.
CHAPTER lvi.
An Act to confirm a Provisional Order under
A.D.
1935.
the Private Legislation Procedure (Scotland) —
Acts 1899 and 1933 relating to Kilmarnock
Burgh Extension &c. [2nd August 1935.]
W
HEREAS a Provisional Order relating to the
extension of Kilmarnock Burgh and other matters
has after inquiry held before Commissioners been made
by one of His Majesty's Principal Secretaries of State
under the provisions of the Private Legislation Procedure
62 & 63
Vict.
(Scotland) Acts 1899 and 1933 as read with the c. 47.
Secretaries of State Act 1926 and it is expedient that the
j;3
&_24
said Order should subject to amendment be confirmed by
le^0^"
Parliament:
Geo.
5.
c.
18
Be it therefore enacted by the King'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:—
1.
The Provisional Order so made which as amended Confirmation
is set forth in the schedule hereunto annexed is hereby °c£h°duie.m
confirmed.
2.
This Act may be cited as the Kilmarnock Burgh Short title.
Extension &c. Order Confirmation Act 1935.
[Price 4s.
Od.
Net] A 1
[Ch. lvi.] Kilmarnock Burgh [25
&
26
GEO.
5.]
Extension d-c. Order Confirmation Act, 1935.
A.D.1935. SCHEDULE.
KILMARNOCK BURGH EXTENSION &c.
Provisional Order to extend the boundaries of the burgh
of
Kilmarnock to empower the provost magistrates and
councillors of
the
burgh to construct waterworks to
confer
further powers upon them with regard to their
water and
gas undertakings and public parks to authorise them
to borrow money to make provision with respect to the
local government health and finance of the burgh and for
other
purposes.
WHEREAS the provost magistrates and councillors of the
burgh of Kilmarnock (hereinafter referred to as "the
Corporation") are the municipal and local authority
for the burgh of Kilmarnock in the county of Ayr and are
charged with the management and administration
thereof:
And whereas the lands available for the erection of
dwelling-houses within the existing burgh are limited and
it is necessary to provide for the erection of houses on
lands outwith the boundaries thereof for the accommoda-
tion of persons employed therein and additional lands
will be required for such purposes :
And whereas the areas described in the First Schedule
to this Order are situate in the county of Ayr and
immediately adjoin the existing burgh and are supplied
with water by the Corporation :
And whereas the said areas include certain water-
works and other property belonging to the Corporation:
And whereas it is expedient and would be for public
and local advantage that the boundaries of the existing
burgh should be extended and should include the said
areas as by this Order provided and that all franchises
rights privileges and immunities of and pertaining to the
existing burgh and the powers and jurisdictions of the
Corporation and all other powers and jurisdictions
applicable within the existing burgh should as by this
Order provided be extended to and be applicable within
the burgh as extended by this Order and to t
inhabitants thereof :
2
[25 &
26
GEO.
5.] Kilmarnock Burgh [Ch. lvi.]
Extension &c. Order Confirmation Act, 1935.
And whereas it is expedient that subject to the A.D. 1935.
provisions of this Order the said areas should be separated —
and disjoined for the purposes of this Order from the
county of Ayr and that subject to the provisions of the
Local Government (Scotland) Act 1929 and of this Order
all matters of administration and management and all
jurisdictions powers functions and authorities within the
said areas should devolve upon and be vested in the
Corporation:
And whereas it is expedient that the said areas should
be added to certain existing wards of the burgh as in this
Order provided:
And whereas by virtue of the powers conferred by
the Kilmarnock Water Acts 1892 to 1929 the Corporation
have acquired and constructed waterworks and are
authorised to supply water within the burgh the suburbs
thereof and places adjacent comprehended within the
parishes of Kilmarnock Riccarton Kilmaurs and Fenwick :
And whereas it is expedient that the limits for the
compulsory supply of water by the Corporation should
comprise the burgh as extended by this Order that
the Corporation should be empowered to construct
additional waterworks and to acquire lands for the
purposes thereof and that the further powers in this Order
contained should be conferred upon the Corporation in
relation to their water undertaking :
And whereas by the Kilmarnock Gas Acts 1871 to
1932 and the Kilmarnock Gas (Charges) Order 1929
powers have been conferred on the Corporation for the
acquisition and construction of gasworks and the Corpora-
tion are authorised to supply gas within the burgh and the
parishes of Kilmarnock Riccarton and Kilmaurs :
And whereas it is expedient that the powers in this
Order contained should be conferred upon the Corporation
in relation to their gas undertaking :
And whereas the late Alexander Kay by his trust
disposition and deed of settlement dated the fifth day of
February one thousand eight hundred and sixty-four and
recorded along with a codicil thereto dated the first day of
November one thousand eight hundred and sixty-four in
the books of council and session at Edinburgh on the
sixteenth day of March one thousand eight hundred and
sixty-six directed his testamentary trustees to set aside
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