Ayr County Council (General Powers) Order Confirmation Act 1935

Publication Date:January 01, 1935
 
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Ayr County Council (General Powers) Order Confirmation Act 1935

(25 & 26 Geo. 5) c. liii

An Act to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Acts 1899 and 1933 relating to Ayr County Council.

[2nd August 1935]

[25 & 26 Geo. 5.] Ayr County Council [Oh. liii.] (General Powers) Order Confirmation Act, 1935. CHAPTER liii. An Act to confirm a Provisional Order under a.d. 1935. the Private Legislation Procedure (Scotland) Acts 1899 and 1933 relating to Ayr County Council. [2nd August 1935.] W HEREAS the Provisional Order set forth in the schedule hereunto annexed has been made by one of His Majesty's Principal Secretaries of State under the provisions of the Private Legislation Procedure (Scot- 62 & 63 Vict. land) Acts 1899 and 1933 as read with the Secretaries of c- *7- State Act 1926 and it is requisite that the said Order j^g24c 37 should be confirmed by Parliament: 16 & 17 Be it therefore enacted by the King's most Excellent - c-18' 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 contained in the schedule confirmation hereunto annexed is hereby confirmed. fch^em This Act may be cited as the Ayr County Council Short title. (General Powers) Order Confirmation Act 1935. A 1 [Ch. liii.] Ayr County Council [25 & 26 Geo. 5.] (General Powers) Order Confirmation Act, 1935. a.d.1936. SCHEDULE. Short title and commencement of Order. Order divided into Parts. AYR COUNTY COUNCIL Provisional Order to provide for the control of camping grounds in the county of Ayr to confer powers upon the county council of the county relating to finance the control of street works and other matters to make provision for supplementary valuation rolls and for other purposes. WHEREAS it is expedient that the provisions contained in this Order for enabling the county council of the county of Ayr to control camping grounds should be enacted: And whereas it is expedient that the other provisions contained in this Order 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) 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: Part I. Preliminary. 1. This Order may be cited as the Ayr County Council (General Powers) Order 1935 and shall come into operation on the date of the passing of the Act confirming the same which date is referred to in this Order as " the commencement of this Order." 2. This Order is divided into Parts as follows: Part I.Preliminary. Part II.Moveable dwellings and camping grounds. Part III.Financial. Part IV.Miscellaneous. 2 [25 & 26 Geo. 5.] Ayr County Council [Ch. liii.] (General Powers) Order Confirmation Act, 1935. 3. In this Order unless otherwise expressly provided A.D. 1935. or unless there be something in the subject or context repugnant to such construction the several words and IntfrPre-expressions to which meanings are assigned by the a 10n* Public Health Acts the Act of 1889 or the Act of 1929 as those Acts are respectively hereinafter in this section defined have the same respective meanings. And in this Order unless the subject or context otherwise requires the following expressions shall have the meanings hereinafter assigned to them (namely): " The county " means the county of Ayr including the burghs therein; " The landward area " means the county excluding any burghs; " The County Council" means the county council of the county; " The county clerk " means the clerk of the County Council; "The Public Health Acts" means the Public Health (Scotland) Acts 1897 to 1907 and any Act amending or extending those Acts or any of them; " The Act of 1889 " and " the Act of 1929 " mean respectively the Local Government (Scotland) Act 1889 and the Local Government (Scotland) Act 1929 and any Act amending or extending those Acts respectively; " The Lands Valuation Acts" means the Lands Valuation (Scotland) Act 1854 and any Acts amending or extending the same; " Valuation roll" means the valuation roll or rolls made up under the Lands Valuation Acts; " Statutory borrowing power " means any power whether or not coupled with a duty of borrowing or continuing on loan or reborrowing money or of redeeming or paying off or creating or continuing payment of or in respect of any annuity rentcharge rent or other security representing or granted in lieu of consideration money for the time being existing under any Act of Parliament public or local passed or to be A 2 3 [Ch. liii.] Ayr County Council [25 & 26 Geo. 5.] (General Powers) Order Confirmation Act, 1935. A.D. 1935. passed or under any Provisional Order con- firmed by Act of Parliament passed or to be passed or under any order or sanction of any government department made or given or to be made or given by authority of any Act of Parliament passed or to be passed or any Provisional Order confirmed by Act of Parliament passed or to be passed; " Kevenues of the County Council" means all funds rates and revenues of the County Council including the revenue from time to time arising from any land undertaking or other property for the time being of the County Council and the rates or contributions leviable by or on the order or precept of the County Council; " The sheriff " means the sheriff of the county and includes a sheriff substitute; " Daily penalty " means a penalty for each day on which an offence is continued after conviction thereof. Part II. Moveable Dwellings and Camping Grounds. Definitions 4. In this Part of this Order unless the context for Part II otherwise requires " moveable dwelling " includes any tent; any structure capable of being moved from place to place; and any van cart carriage truck tramcar railway carriage motor car caravan trailer or other vehicle; used or intended to be used for the purpose of human habitation (whether temporarily or otherwise) but does not include (i) any tent structure or vehicle temporarily used by shepherds labourers or other persons for farming agricultural or other like purposes or in connection with building operations; 4 [25 & 26 Geo. 5.] Ayr County Council [Ch. liii.] (General Powers) Order Confirmation Act, 1935. (ii) any tent structure or vehicle used for A.D. 1935. the service of the County Council or of any local authority or other public authority; " (iii) any boat; (iv) any shelter provided by the County Council for the treatment of tuberculosis; or (v) any vehicle used by a railway company in connection with the maintenance and repair of their undertaking; " camping ground" means any area of land on which moveable dwellings are situated or which is provided for the placing of moveable dwellings; " occupier " in relation to a moveable dwelling shall be deemed to include an owner. 5. This Part of this Order shall come into force on Commence- the first day of January one thousand nine hundred and ment of thirty-six. g^II o£ 6.(1) Where it appears to the County Council Sheriff may prohibit (a) that the amenities of any part of the land- moveable ward area are or may be prejudicially affected dwellings by the presence of or conditions arising from Y1 Parts any moveable dwelling or moveable dwellings area in that part; or (b) that annoyance is or may be caused to the residents in or visitors to any part of the landward area by reason of the noisy indecent or other offensive conduct of the occupiers of or persons frequenting any moveable dwelling in that part; the County Council may petition the sheriff and the sheriff may after such intimation and service as he thinks proper and after hearing all parties desiring to be heard who shall appear to him to be affected by order (i) require the removal by the occupier or occupiers thereof within such period as may be prescribed by the order of the moveable dwelling or of all or any particular one or more of the moveable dwellings to which the petition relates ; and 5 [Ch. liii.] Ayr County Council [25 & 26 Geo. 5.] (General Powers) Order Confirmation Act, 1935. AD. 1935. (ii) prohibit any moveable dwelling being placed on or limit the number or define the class of moveable dwellings to be at any one time situate within the whole or some part of an area to be specified in the order: Provided that the area specified in an order made under the foregoing paragraph (ii) shall not extend beyond the distance of two hundred yards from the moveable dwelling or from the boundary of the group or assemblage of moveable dwellings (as the case may be) to which the petition related and no limitation or definition in such an order shall operate so as to prevent the retention on the area specified in the order of any moveable dwelling not being a moveable dwelling to which the petition related. (2) As soon as practicable after the making by the sheriff of an order under paragraph (ii) of subsection (1) of this section the order shall be published by the County Council in a local newspaper or local newspapers circu lating in the district in which the area specified in the order is situated and by placards posted in conspicuous positions in or near to some part of that area and such order shall come into force on the expiration of fourteen- days from the completion of the publication of the order in accordance with the requirements of this subsection. The County Council shall also so long as any such order is in force keep posted in conspicuous positions in or near to some part of the area specified in the order placards giving notice of the terms of the order. (3) (a) Any occupier of a moveable dwelling who fails to comply with any order of the sheriff made under paragraph (i) of subsection (1) of this section within the period prescribed by the order...

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