Ayr Burgh Extension &c. Order Confirmation Act 1935

Publication Date:January 01, 1935
 
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Ayr Burgh Extension, c. Order Confirmation Act 1935

(25 & 26 Geo. 5) c. lv

An Act to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Acts 1899 and 1933 relating to Ayr Burgh Extension &c.

[2nd August 1935]

[25 & 26 Geo. 5.] Ayr Burgh [Ch. lvj Extension &c. Order Confirmation Act, 1935. CHAPTER lv. An Act to confirm a Provisional Order under a.d. 1935. the Private Legislation Procedure (Scotland) Acts 1899 and 1933 relating to Ayr Burgh Extension &c. [2nd August 1935.] W HEREAS a Provisional Order relating to the extension of Ayr 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 = ^ Secretaries of State Act 1926 and it is expedient that the ?? &|4 said Order should subject to amendment be confirmed ie & 17 by 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 : The Provisional Order so made which as amended confinnation is set forth in the schedule hereunto annexed is hereby sChedJe.m confirmed. This Act may be cited as the Ayr Burgh Short title. Extension &c. Order Confirmation Act 1935. {Price 2s. Od. Net] A 1 [Ch. lv.] Ayr Burgh _ [25 & 26 Geo. 5.] Extension &c. Order Confirmation Act, 1935. SCHEDULE. AYR BURGH EXTENSION &c. Provisional Order to extend the boundaries of the burgh of Ayr to empower the provost magistrates and councillors of the burgh to acquire lands to execute street improvements and to construct a dam or weir across the river Ayr to confer further powers upon them with regard to their water undertaking 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 burgh of Ayr (hereinafter called " the burgh ") in the county of Ayr is under the government for municipal purposes of the provost magistrates and councillors of the burgh of Ayr (hereinafter called " the Corporation "): 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 accommodation of persons employed therein and additional lands will be required for such purposes : And whereas the area described in the First Schedule to this Order is situate in the county of Ayr and immediately adjoins the existing burgh and such area is supplied with water and a portion thereof is sewered by 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 area 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 2 [25 & 26 Geo. 5.] Ayr Burgh [Ch. lv.] Extension &c. Order Confirmation Act, 1935. the burgh as extended by this Order and to the inhabitants A.D. 1935. thereof: And whereas it is expedient that subject to the provisions of this Order the said area 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 area should devolve upon and be vested in the Corporation : And whereas it is expedient that the said area should be added to certain existing wards of the burgh as in this Order provided : And whereas it is expedient that the Corporation should be authorised to acquire lands and to execute the street improvements and construct the dam or weir across the river Ayr described in this Order : And whereas the Corporation are the owners of waterworks and powers in connection with their water undertaking have been conferred upon them by the Ayr Burgh Act 1873 the Ayr Burgh Act 1885 the Ayr Burgh Act 1899 the Ayr Burgh (Tramways &c.) Order 1922' and the Ayr Burgh (Water &c.) Order 1927 and the Corporation supply water within their limits of water supply defined by the said Act of 1885 which comprise the burgh and certain parishes and parts of parishes in the county of Ayr: And whereas the period limited by the said Order of 1927 for the completion of the works in that Order described will expire on the twenty-ninth day of July one thousand nine hundred and thirty-seven and it is expedient that the period for the completion of the Works Nos. 1 2 and 3 authorised by that Order should be extended as by this Order provided : And whereas it is expedient that the further powers in this Order contained should be conferred upon the Corporation in relation to their water undertaking : And whereas it is expedient that the Corporation should be authorised to borrow money for the purposes in this Order mentioned: A2 3 [Ch. lv.] Ayr Burgh [25 & 26 Geo. 5.] Extension fcc. Order Confirmation Act, 1935. A.D. 1935. And whereas estimates have been prepared by the Corporation for and in relation to the purposes hereinafter mentioned in respect of which they are by this Order authorised to borrow money and such estimates are as follows : For and in connection with the purchase £ of land for and the execution of the street improvements - 11,912 For and in connection with the purchase of land for and the construction of the dam - 7,500 And whereas the works included in such estimates are permanent works and it is expedient that the cost thereof should be spread over a term of years : And whereas it is expedient to make further provision with regard to the finances of the Corporation: And whereas it is expedient that the further provisions contained in this Order should be enacted: And whereas plans and sections showing the lines and levels of the works authorised by this Order with a book of reference to such plans containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of the lands and other property required or which may be taken for the purposes or under the powers of this Order have been deposited with the sheriff clerk of the county of Ayr and such plans sections and book of reference are in this Order respectively referred to as the deposited plans sections and book of reference : And whereas the purposes aforesaid cannot be effected without an Order confirmed by Parliament under the provisions of the Private Legislation Procedure (Scotland) Acts 1899 and 1933 : Now therefore in pursuance of the powers contained in the last-mentioned Acts as read with the Secretaries of State Act 1926 the Secretary of State orders as follows : Paet I. Preliminary. Short title 1.(1) This Order may be cited as the Ayr Burgh and citation. Extension &c. Order 1935. 4 [25 & 26 Geo. 5.] Ayr Burgh [Ch. lv.] Extension &c. Order Confirmation Act, 1935. (2) The Ayr Burgh Acts 1873 to 1929 and this Order A.D. 1935. may be cited together as the Ayr Burgh Acts 1873 to 1935. 2. This Order except where otherwise expressly Commence-provided shall commence and have effect on and from ment of the date of the passing of the Act confirming this Order 0rder-which date is in this Order referred to as "the commencement of this Order." 3. This Order is divided into Parts as follows : Order Part I.Preliminary. J2Jd into Part II.Extension of boundaries. Part III.Lands. Part IV.Street improvements. Part V.Dam or weir across river Ayr. Part VI.Water. Part VII.Finance. Part VIII.Establishment of burgh fund. Part IX.Miscellaneous. 4.(1) The following Acts and parts of Acts so Incorpora-far as the same are applicable for the purposes of and tl0nf are not inconsistent with the provisions of this Order s' are hereby incorporated with and form part of this Order (namely): The Lands Clauses Acts (except section 120 of the Lands Clauses Consolidation (Scotland) Act 1845): Provided that the bond required by section 84 of the Lands Clauses Consolidation (Scotland) Act 1845 shall be under the seal of the Corporation and shall be sufficient without the addition of the sureties mentioned in that section; The provisions of the Railways Clauses Consolidation Act 1845 with respect to the temporary occupation of lands near the railway during the construction thereof and in the construction of those provisions " the railway " shall mean the works authorised by the section of this Order of which the marginal note is " Power to construct dam." A3 5 [Ch. lv.] Ayr Burgh [25 & 26 Geo. 5.] Extension &c. Order Confirmation Act, 1935. A.D. 1935. (2) This Order shall be deemed a special Act within ' the meaning of the Acts incorporated herewith. Interpreta- 5. In this Order (unless there be something in the tion- subject or context inconsistent with or repugnant to such construction) the several words and expressions to which meanings are assigned by the Acts incorporated with this Order or by any public or local Act of Parliament or Order applicable within the burgh shall subject to the provisions of this Order have the same respective meanings And in this Order unless the context otherwise requires the following expressions shall have the meanings assigned to them in this section (that is to say) : " Existing burgh " means the burgh of Ayr within the limits and boundaries defined by the Act of 1885; " Burgh" means the existing burgh as extended by this Order; " Added area" means the portion of the county by this Order incorporated with the existing burgh and shown on the map to be...

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