Birmingham Extension Act 1927

Publication Date:January 01, 1927
 
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Birmingham Extension Act 1927

(17 & 18 Geo. 5) c. cii

An Act to extend the boundaries of the city of Birmingham and for other purposes.

[29th July 1927]

& 18 Geo. 5.J Birmingham Extension [Chcii.J Act, 1927.* CHAPTER cii. An Act to extend the boundaries of the city of a.d. 1927. Birmingham and for other purposes. - [29th July 1927.] W HEREAS the city of Birmingham (hereinafter called "the city") is a county borough under the government of the lord mayor aldermen and citizens of the city (hereinafter called " the Corporation"): And whereas the unrepealed provisions of the local Acts specified in Part I. of the schedule to this Act and of the Orders specified in Part II. of that schedule are in force in the city: And whereas the urban district of Perry Ban-is situate in the administrative county of Stafford and immediately adjoins the city : And whereas it is expedient to alter and extend the boundaries of the city so as to include therein the part of the said urban district of Perry Barr which is shown on the city map referred to in this Act: And whereas it is expedient that the other provisions contained in this Act be enacted: And whereas the purposes of this Act cannot be effected without the authority of Parliament: And whereas in relation to the promotion of the Bill for this Act the requirements of the Borough Funds Acts 1872 and 1903 as amended by the Local [Price Is. Qd. Net.] A 1 [Ch. cii.] Birmingham Extension [17 & 18 Geo. 5.1 Act, 1927. A.D. 1927. Government (County Boroughs and Adjustments) Act 1926 have been observed : May it therefore please Your Majesty that it may be enacted and be it 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 (that is to say): Prbliminaey. Short and collective titles. 1.-(1) This Act may be cited as the Birmingham Extension Act 1927. (2) The local Acts as hereinafter defined and this Act may be cited jointlv as the Birmingham Corporation Acts 1876 to 1927. Commencement of Act. 2.(1) This Act shall except so far as is otherwise herein expressly provided and so far as there may be anything in the subject matter or context inconsistent therewith come into operation on the appointed day. (2) Provided that for the purposes of all proceedings preliminary or relating to any election to be held for any area affected by this Act in the year nineteen hundred and twenty-eight this Act shall operate from the date of its passing. Interpre- 3.(1) In this Act the several words and expressions tation. to which meanings are assigned by the Public Health Acts shall have the same respective meanings unless there be something in the subject or context repugnant to such construction. (2) In this Act unless the subject or context otherwise requires (a) " The Corporation" means as the context requires the lord mayor aldermen and citizens of the existing city or of the city acting by the council; (6) " The city " means the existing city of Birmingham as extended by this Act; (c) " The existing city " means the city as it exists immediately before the appointed day; (d) " The council" means the council of the city; 2 [17 & 18 Geo. 5.] Birmingham Extension [Ch. ciij Act, 1927. (e) "The lord mayor" and "the town clerk" A.D. 1927. mean respectively the lord mayor and the town clerk of the city and the expression " the town clerk " includes any person duly authorised to discharge temporarily the duties of that office; (/) "The general rate fund" and "the general rate " mean respectively the general rate fund and the general rate of the city or until the date when the first new valuation list made under Part II. of the Rating and Valuation Act 1925 comes into force in the city the borough fund and the borough rate of the city; (g) " The county" and " the county council" mean respectively the administrative county of Stafford and the county council of that county; (h) " Existing" in relation to any area altered by this Act means existing immediately before the appointed day; (i) " The urban district" and " the urban council " mean respectively the existing urban district of Perry Barr the area whereof is edged pink on the city map and the urban district council of that district; (j) " The added area" means the part of the urban district which is included within the inner edge of the green line on the city map; (k) " The parish of Perry Barr " means that part of the existing parish of Perry Barr which is co-extensive with the added area; {I) " The city map" means the map signed in triplicate by John Wells Wainwright Hopkins the Chairman of the Committee of the House of Commons to whom the Bill for this Act was referred one of which has been deposited in the Parliament Office of the House of Lords one in the Private Bill Office of the House of Commons and one with the town clerk at his office; (m) "The appointed day" means the first day of April nineteen hundred and twenty-eight; [n) " Officer " includes a servant; A 2 3 TOh Cii.l Birmingham Extension [17 & 18 Geo. 5.1 Act, 1927. AD 1927. (o) "The Act of 1888" "the Act of 1894" and ' _ " the Act of 1925" mean respectively the Local Government Act 1888 the Local Government Act 1894 and the Rating and Valuation Act 1925; (p) "The Public Health Acts" means the Public Health Act 1875 and the Acts amending and extending the same; (q) " The Municipal Corporations Acts " means the Municipal Corporations Act 1882 and the Acts amending and extending the same; (r) " The local Acts " means the local Acts specified in Part I. of the schedule to this Act the Orders specified in Part II. of that schedule and so much of the confirmation Acts specified in that Part as relates to those Orders and each of the Acts and Orders specified in the said schedule is referred to as the Act or Order of the year in which it was passed or confirmed; (s) " The Minister " means the Minister of Health; (t) " Provisional Order " includes a Special Order. Alteration of City Parish and Counties. Extension 4.(1) The boundary of the existing city the of city. area whereof is edged blue on the city map shall be altered so as to include the added area. (2) The boundary of the city shall be that shown by the inner edge of the green line on the city map and the whole of the area within that boundary shall for the purposes of the Municipal Corporations Acts and for all other purposes be the city and shall be the county borough of Birmingham for the purposes of the Act of 1888 and all other purposes. City map. 5.(1) Copies of the city map deposited with the town clerk certified by him to be true shall be sent as soon as may be to the clerk of the county council to the Commissioners of Customs and Excise to the Board of Inland Revenue to the Registrar-General to the Postmaster-General to the Board of Trade to the Minister of Health to the Minister of 4 fl7 & 18 Geo. 5.] Birmingham Extension [Oh., cii.] Act, 1927. Transport to the Electricity Commissioners and to the A.D. 1927. Minister of Agriculture and Fisheries. (2) Copies of or extracts from the city map deposited with the town clerk certified by him to be true shall be received in all courts of justice and elsewhere as prima facie evidence of the contents of the map so far as it relates to the boundaries of the city and the map shall at all reasonable times be open to inspection by any person liable to any rate leviable within the city and any such person shall be entitled to a copy of or extract from the map certified by the town clerk to be true on payment of a reasonable fee to be determined by the Corporation All fees so received shall be carried to the credit of the general rate fund. 6. So much of the existing parish of Perry Barr Parish of as is co-terminous with the added area shall form the Perry Barr. parish of Perry Barr. 7.(1) The boundary between the county of Alteration Warwick and the county of Stafford shall be altered of county so that the city shall be wholly situate in the county boundary. of Warwick and the county borough of Birmingham shall for the purposes of the Act of 1888 including the purposes of any commission of assize oyer and terminer or gaol delivery the service of jurors the making of jury lists sheriff lieutenant and militia be within the county of Warwick. (2) Lists of prisoners writs process and particulars and all records and documents relating to or to be executed in connection with any action or proceeding pending or existing at the appointed day and appertaining to the added area shall be delivered turned over or transferred and signed in like manner in all respects so nearly as circumstances admit as is required to be done upon a new sheriff coming into office and as if the sheriff of the county of Warwick were as respects the added area the new sheriff in succession to the sheriff of the county of Stafford. Provisions consequent on Extension. 8.(1) Subject to the provisions of this section Municipal the number of councillors of the city shall be increased wards and from ninety to ninety-one. councillors 5 [Ch. Cli.] Birmingham Extension [17 & 18 Geo. 5 1 Act, 1927. A.D. 1927. (2) Subject to the provisions of the Municipal Corporations Acts with respect to the alteration of wards the following provisions shall have effect: (a) The existing wards of the city and the number of councillors assigned to those wards shall remain unaltered; (b) The added area shall be constituted a new ward of the city to be called " the Perry Barr Ward" and subject to the provisions of this section one councillor shall be assigned to that ward. The first election of a councillor for the Perry Barr Ward shall be held on the twenty-sixth day of March nineteen hundred and twenty-eight and the lord mayor and the town clerk or such other person as the Secretary of State shall appoint shall perform the duties devolving upon the lord mayor and town clerk respectively...

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