Aberdeen Corporation (Administration Finance &c.) Order Confirmation Act 1940

Publication Date:January 01, 1940
 
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Aberdeen Corporation (Administration Finance, c.) Order Confirmation Act 1940

(3 & 4 Geo. 6) c. iii

An Act to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Act 1936 relating to Aberdeen Corporation (Administration Finance &c.).

[14th March 1940]

3 & 4 Geo. 6. Aberdeen Corporation, Ch. iii. (Administration Finance &c.) Order Confirmation Act, 1940. CHAPTER iii. An Act to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Act 1936 relating to Aberdeen Corporation (Administration Finance &c). [14th March 1940.] W HEREAS a Provisional Order relating to Aberdeen Corporation (Administration Finance and other matters) has after inquiry held before Commissioners been made by the Secretary of State under the provisions of the Private Legislation Procedure (Scotland) Act 1936 26 Geo. 5. & and it is expedient that the said Order should subject to * Edw-Ss- amendment be confirmed by Parliament: e 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 Confirmation is set forth in the schedule hereunto annexed is hereby schedule.'' confirmed. This Act may be cited as the Aberdeen Corpora- Short title. tion (Administration Finance &c.) Order Confirmation Act 1940. A 1 Ch. iii. Aberdeen Corporation 3 & 4 Geo. 6. (Administration Finance &c.) Order Confirmation Act, 1940. SCHEDULE. ABERDEEN CORPORATION (ADMINISTRATION FINANCE &c.) Provisional Order to consolidate with amendments the Acts and Orders of or relating to the corporation of the city and royal burgh of Aberdeen in respect of police fire brigade municipal buildings authorised street improvements and bridge works and lands in connection therewith general administrative provisions finance and the appointment and duties of officers and servants and other matters relating to the local government of the city and to confer further powers upon the Corporation with respect thereto to make further provision for the local government health and improvement of the city and for other purposes. WHEREAS the lord provost magistrates and town council of the city and royal burgh of Aberdeen (hereinafter referred to as " the Corporation " and " the city " respectively) are vested with the municipal adininis-tration of the city: And whereas the Acts and Orders relating to the several matters and things in this Order mentioned are very numerous and many of their provisions have been superseded by subsequent legislation and ought to be repealed and it would be of public and local advantage if such of the provisions of the said Acts and Orders as it is deemed expedient to retain were consolidated with certain additions and amendments into one Order: And whereas it is expedient at the same time to extend as in this Order provided the powers of the Corporation relating to the matters comprised in those enactments: And whereas it is expedient to make further and better provision with reference to the local government and improvement of the city and that the powers of 2 3 & 4 Geo. 6. Aberdeen Corporation Ch. iii. (Administration Finance dec.) Order Confirmation Act, 1940. the Corporation with respect thereto should be enlarged as hereinafter in this Order provided : And whereas it is expedient that the other provisions in this Order contained should be enacted: And whereas the purposes aforesaid cannot be effected without an Order confirmed by Parliament under the provisions of the Private Legislation Procedure (Scotland) Act 1936 : Now therefore in pursuance of the powers contained in the said last-mentioned Act the Secretary of State orders as follows: Part I. Preliminary. 1.(1) This Order may be cited as the Aberdeen Short title Corporation (Administration Finance &c.) Order 1939 and com- and the Aberdeen Corporation (Streets Buildings ^5ent Sewers &c.) Order 1936 the Aberdeen Corporation 26 Geo 5 & (Water Gas Electricity and Transport) Order 1937 and i Edw. S. the Aberdeen Corporation (General Powers) Order 1938 c lxxvii. and this Order may be cited together as the Aberdeen l Edw- 8- & City Acts 1936 to 1939. 1 Geo 6 J c. cu. (2) Except as otherwise in this Order expressly 2&3Geo.0. provided this Order shall come into operation on the c-1U-twenty-eighth day of May one thousand nine hundred and forty which date is in this Order referred to as " the commencement of this Order." 2. This Order is divided into Parts as follows : Division of Part LPreliminary. pST^ Part II.General administration. Part III.Officers and servants. Part IV.Police and fire brigade A.Police. B.Fire brigade. Part V.Municipal buildings. Part VI.Finance A.Rating and assessments. B.Burgh fund. A 2 3 Ch. iii. Aberdeen Corporation 3 & 4 Geo. 6, (Administration Finance fcc.) Order Confirmation Pam I. cant. Act, 1940. C.Borrowing powers. D.Corporation stock. E.General. Part VII.Authorised street improvements and bridge works A.Authorised street improvements. B.Authorised bridge works. Part VIII.-Lands A.General. B.Lands for authorised street improvements and bridge works. Part IX.Miscellaneous. Interpreta- 3. The following words and expressions in this tion. Order have unless there is something in the subject or context repugnant to such construction the meanings hereby assigned to them (that is to say): " Art gallery " means the art gallery and museum situated at Schoolhill and any other building or place established by the Corporation for the purposes of an art gallery or museum in the city together with the buildings sculpture casts models pictures objects of art and illustrations of science or other collections furniture and other property of all descriptions contained therein or connected therewith; ''" Authorised bridge works" means the works described in the section of this Order of which the marginal note is " Power to construct authorised bridge over river Dee at Allen vale "; " Authorised street improvements " means the works described in the section of this Order of which the marginal note is " Power to make authorised street improvements"; " Burgh fund " means the burgh fund established under the provisions of the repealed Acts and referred to in the section of this Order of which the marginal note is " Burgh fund "; " Chief constable " means the chief constable of the city; 4 3 & 4 Geo. 6. Aberdeen Corporation Ch. iii. (Administration Finance kc.) Order Confirmation Act, 1940. " City" means the city and royal burgh of Past I, Aberdeen; cont. " City Acts" means the local Acts and Orders applicable to the city; " City assessor" means the city assessor of the city; " City chamberlain " means the city chamberlain of the city; " City improvements fund" means the fund for city improvements referred to in the section of this Order of which the marginal note is " City improvements fund "; " City engineer " means the city engineer of the city; " City map " means the map of the city kept by the town clerk in pursuance of the section of this Order of which the marginal note is " Boundaries of city "; " City rate " means the rate imposed and levied by the Corporation under and in pursuance of the section of this Order of which the marginal note is " Laying on of assessments" and references in the City Acts to " the consolidated rate " shall be deemed to be references to the city rate as hereinbefore denned; " City treasurer" means the honorary treasurer appointed in pursuance of the section of this Order of which the marginal note is " Honorary treasurer "; " Common good" means the common good fund of the city; " Constable" means any member of the police force and includes the chief constable; " Corporation " means the lord provost magistrates and town council of the city; " Corporation stock" means all stock issued by the Corporation whether under the provisions of the repealed Acts or this Order; " Daily penalty " means a penalty for every day on which an offence continues after conviction therefor; A3 5 Ch. iii. Aberdeen Corporation 3 & 4 Geo. 6. (Administration Finance &c.) Order Confirmation Ad, 1940. Past-J. "Dean of guild" means the dean of guild of the rr-amt. city. " Deposited plans " " deposited sections " and " deposited books of reference " mean respec tively the plans sections and books of reference deposited with the sheriff clerks of the counties of Aberdeen and Kincardine with 20&21 reference to the Aberdeen Corporation Order Geo. 5. 1930 the Aberdeen Corporation Order 1934 a'^F^1' a]Qd the Aberdeen Corporation Order 1936; 25 & 26 £*?- 5- c- n- " Domestic water rate " has the same meaning 1 Ed£" 8." as in the 0rder of 1937'* c' ' " Dwelling-house" means and includes all premises used or occupied wholly or partly by any person or persons for residential purposes; " Electricity undertaking" means the electricity undertaking of the Corporation and includes the generating and transforming stations of the Corporation and any alterations improvements and extensions or enlargements thereof which the Corporation may construct or provide under any statutory powers for the time being possessed by them the electricity works railways of the Corporation and all lands properties works buildings showrooms machinery plant electric lines mains apparatus appliances servitudes rights powers and privileges for the time being belonging to or held used or enjoyed by the Corporation for or in connection with the generation transformation distribution transmission supply sale and use of electricity; " Esplanade" means the esplanade extending from Bridge of Don to Foot Dee as existing and vested in the Corporation; " Firemaster" means the officer appointed by the Corporation to the charge control and supervision of the fire establishment of the Corporation; 6 3 & 4 Geo. 6. Aberdeen Corporation Ch. iii. (Administration Finance dec.) Order Confirmation Act...

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