Cheltenham and Gloucester Joint Water Board &c Act 1936

Publication Date:January 01, 1936


Cheltenham and Gloucester Joint Water Board, c Act 1936

(26 Geo. 5 & 1 Edw. 8) c. cxxix

An Act to establish a joint board consisting of representatives of the corporations of Cheltenham and Gloucester to transfer to the Board certain waterworks of the Cheltenham Corporation to authorise the Board to construct works and supply water to confer further powers upon the Cheltenham Corporation and the Gloucester Corporation with respect to the supply of water and to extend the limits for the supply of water by the Cheltenham Corporation and the Gloucester Corporation to confer further powers upon the Cheltenham Corporation and for other purposes

[31st July 1936]

[26 GEO. 5. & 1 EDW. 8.1 Joint Water Board &c. Act, 1936. CJbelteizhcm and Gloucester [Ch. cxxix.] CHAPTER cxxix. An Act to establish a joint board coiisisting of A.D. 1936. representatives of the corporations of Chelteii- ham and Gloucester to transfer to the Board certain waterworks of the Cheltenham Corpora- tion to authorise the Board to construct works and supply water to confer further powers upon the Cheltenham Corporation and the Gloucester Corporation with respect to the supply of water and to extend the limits for the supply of water by the Cheltenham Corporation and the Gloucester Corporation to confer further powers upon the Cheltenham Corporation and for other purposes. [31st July 1936.1 HEREAS the borough of Cheltenham (hereinafter w called " the borough ") is a borough under the government of the mayor aldermen and burgesses of the borough (hereinafter called " the Cheltenham Corporation ") and the city of Gloucester in the county of the city of Gloucester (hereinafter called " the city ") is a city and county borough under the governmefit of the mayor aldermen and citizens of the city (hereinafter called " the Gloucester Corporation ") : And whereas the Cheltenham Corporation and the Gloucester Corporation are the owners respectively of waterworks and supply water under statutory authority - [Price 3s. Od. Net] A 1 [Ch. cxxix.] Cheltenham and Gloucester [26 GEO. ti. & Joint Water Board &c. Act, 1936. 1 EDW. 8.1 A.D. 1936. but the existing sources of supply and the existing - works of the Gloucester Corporation are inadequate and it would be of local and public advantage if a water board (hereinafter called " the Board ") consisting of representatives of the Cheltenham Corporation and the Gloucester Corporation were constituted as in this Act provided and there were transferred to the Board certain waterworks of the Cheltenham Corporation (hereinafter called " the transferred works ") and thc Board were empowered to obtain a supply of water from the river Severn and for that purpose to maintain the transferred works to make and maintain certain works as described in this Act and to acquire lands and were empowered to supply water to the said Corporations in bulk : And whereas it is expedient that the Cheltenham Corporation and the Gloucester Corporation should be empowered to make certain works for the supply and distribution of water by them within their respective limits for the supply of water: And whereas it is expedient to extend the limits for the supply of water by the Cheltenham Corporation and the Gloucester Corporation respectively : And whereas the Cheltenham Corporation and the Gloucester Corporation are both authorised to supply water in the parishes of Badgeworth and Shurdington and it is expedient that the portions of those parishes in which each such Corporation may hereafter supply water be defined : And whereas it is expedient to make further provision with regard to the water undertakings of the Cheltenham Corporation and the Gloucester Corporation : And whereas the police establishments of the administrative county of Gloucester and of the city are consolidated and it is expedient that the constitution of the standing joint committee of the quarter sessions and the council of the administrative county of Gloucester be modified so as to permit of the. inclusion therein of members of the council of the city: And whereas it is expedient that the other provisions contained in this Act be enacted : 2 [26 GEO. 5. & Cheltenham and Gloucester [Ch. cxxix.] 1 EDW.~.] Joint Water Board &c. Act, 1936. And whereas the purposes of this Act cannot be A.D. 1936. And whereas estimates have been prepared of the sum requisite for the purchase of lands and easements required for and the construction of the works authorised by this Act and such estimates are as follows :- effected without the authority of Parliament : - s For the purposes of the Board - - 168,850 For the purposes of the Cheltenham For the purposes of the Gloucester And whereas the several 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 in relation to the promotion of the Bill for this Act the requirements of the Local 23 & 24 Government Act 1933 have .been observed by the Geo.5.c.51. Cheltenham Corporation and the Gloucester Corporation : And whereas plans and sections showing the lines and levels of the works authorised by this Act and also a book of reference to those plans containing the names of the owners or reputed owners lessees or reputed lessees and of the occupiers of the lands required or which may be taken for the purposes or under the powers of this Act have been duly deposited with the town clerk of the city and the clerk of the county council of the administrative county of Gloucester and are in this Act respectively referred to as the deposited plans sections and book of reference: 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 :- Corporation - 39,400 Corporation - 24,200 PART I. PRELIMINARY. 1. This Act may be cited as the Cheltenham and Short title. Gloucester Joint Water Board &e. Act 1936. A2 3 [Ch. cxxix.] Cheltenham and Gloucester [26 GEO. 5. & Joint Watey Board &e. Act, 1936. 1 EDW. 8.1 A.D. 1936. Division of Pa& 1.-Preliminary. Act into Part 11.-Establishment constitution and Parts. 2. This Act is divided into Parts as follows :- - proceedings of Board. Bart 111.-Transfer to Board of certain works. Part 1V.-Waterworks. Part V.-Lands. Part VI.-Apportionment and supply of water. Part VI1.-Supply of water by constituent Part VII1.-Provisions relating to Cheltenham Part 1X.-Financial provisions. Part X.-Provisions relating to borough of Part XI.-Representation on standing joint com- Part X1I.-NIiscellaneom. authorities. Corporation water undertaking. Cheltenham. mittee-Gloucester Corporation. Tncorpora- 3. The following Acts and parts of Acts (so far as tionof the same are applicable for the purposes and are not Scts. inconsistent with the provisions of this Act) are incorporated with and form part of this Act (that is to say) :- 10&11Vict. The provisions of the Commissioners Clauses Act c. 16. 1847 with respect to access to the special Act; The Lands Clauses Acts except sections I27 to 132 8 & 9 Vict. of the Lands Clauses Consolidation Act 1845 c. 18. relating to the sale of superfluous lands: Provided that the bond required by section 85 of the said Act. of 1845 shall be under the common seal of the Board and shall be sufficient without tho addition of the sureties mentioned in that section ; The provisions of the Waterworks Clauses Act 1847 with respect to the following matters (that is to say) :- The construction of waterworks ; Mines ; 4 10 & 11 Viot. c. 17. [26 GEO. 5. & Cheltenham and Gloucester [Ch. cxxix.] I EDW. 8.1 Joint Water Board &e. ,4ct, 1936. The breaking up of streets for the purpose A.D. 1936. The prqvision for guarding against fouling of laying pipes; the water of the undertakers; The provisions of the Waterworks Clauses Act 1863 26&27Vict. with respect to the security of the reservoirs c. 93. constructed by the undertakers ; The provisions of the Railways Clauses Coiisolida- 8 & 9 Vict. tion Act 1845 with respect to the teinporary C.20- occupatign of lands near the railway. 4.-( 1) The several words and expressions to which Interpre- meanings are assigned by the Acts wholly or partially tation or incorporated herewith shall in this Act have the same terms. respective meanings unless there be something in the subject or context repugnant to such construction Provided that for the purposes of this Act- In the provisions of the Commissioners Clauses Act 1847 incorporated with this Act " the Commissioners " means the Board. And in this Act unless the subject or context " The Board " means the Cheltenham and Gloucester " The clerk " means the clerk to the Board; " The Cheltenham Corporation " means the mayor aldermen and burgesses of the borough of Cheltenham ; " The Gloucester Corporation " means the mayor aldermen and citizens of the city of Gloucester in the county of the city of Gloucester; " The Corporations " and " the constcituent authorities " mean the Cheltenham and Gloucester Corporations and " constituent authority " means one of those Corporations ; " The borough " means the borough of Cheltenham ; " The city " means the city of Gloucester in the county of the city of Gloucester; " The day of transfer " means such date as shall be agreed upon between the Board and the Corporations for the transfer to the Board of the transferred works ; otherwise requires- Joint water Board incorporated by this Act; A3 5 A.D. 1936. ~ 9 & 10 Geo. 5. c. 37. 38 & 39 Vict . c. 55. 11 & $2 Yict. c. 76. 38 & 39 Vict,. c. 83. [Ch. cxxix.] C'heltenlmn u~,id Gloucester [26 GEO. 5. & Joiiit Tl'dey Bowd &c. Act, 1936. 1 EDW. 8.1 " The transferred works " means the 24-inch water main laid by the Cheltenham Corporation from their pumping station in the borough of Tewkesbury to Stonehouse Farm in the enclosure numbered 103 in the...

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