Clacton Urban District Council Act 1938
| Jurisdiction | UK Non-devolved |
| Citation | 1938 c. lxiii |
| Year | 1938 |
[I
&
2
GEO.
6.1
Clacton
Urban
District
[Ch.
lxiii.]
Council
Act,
1938.
FOR
THE
%
CHAPTER
lxiii.
An
Act
to
empower the urban district council
of
A.D.
1938.
Clacton
to
construct
a
sea wall and other sea
-
defence works
to
provide for the levying
of
rates
in respect
of
sea defence
works
to
make further
and better provision for the improvement health
and local government
of
the district
of
the
Council
to
confer further powers on the Council
in regard
to
their water gas asnd electricity
undertakings lands and other matters and for
other purposes. [13th July 1938.1
HEREAS the urban district
of
Clacton (in this
Act
W
referred to as
"
the district
")
is an urban district
under the government of the urban district council of
Clacton (in this
Act
referred to as
"
the Council
")
:
And whereas the district unless adequately protected
by sea defence works is in grave danger of encroachment
by the sea:
And whereas
a
sea wall and other
sea
defence works
have been constructed by the Council under the Clacton
6
Edw.
7.
Urban District Council (Transfer of Powers of Clacton-
c.
hi.
on-Sea Commissioners)
Act
1906
the cost
of
the con-
struction and maintenance of which have been
'
defrayed
out of the sea defence rates authorised by the Clacton-
43&44vict.
on-Sea Special Drainage District
Act
1880
and the
c.
xlii.
Clacton-on-Sea Special Drainage District Amendment
47
&
48
Vi&.
Act
1884
as
amended by the said
Act
of
A
1
A.D.
1938.
__
61
8.1
62
Vict.
c.
clxxxv.
2
&
3
Geo.
5.
c.
xlv.
[Ch.
lxiii.]
Clactorb
Urban
District
[l
&
2
Gm.
6.1
Council
Act,
1938.
And whereas the district is developing and further
works of sea defence are required and it is expedient
that such works should be constructed and that the
provisions of the said Acts should be modified and applied
so
as to authorise the recovery
of'
sea defence rates in
respect of the said works
as
well as the existing sea
defence works
:
And whereas it is expedient that further aiid better
provision should be made
for
the health good govern-
ment and improvement
of
the district and that the
powers of the Council in regard thereto should be enlarged
as
in this Act provided:
,4nd whereas by the Clacton Gas and Water
-Act
1898
the Council were empowered to supply water
within their district as then constituted and by the
Essex Review Order
1934
their limits of supply were
extended
so
as
to include the district as
now
constituted
except
so
much of the parish of Little Clacton
as
was
added to the district by that order:
And whereas the limits
of
the Council for the supply
of water adjoin the limits for the supply of water
of
the Tendring Hundred Waterworks Company who by
section
26
(Contracts for supplying water in bulk) of
the Tendriiig Hundred Water and
Gas
Act
191%
were
empowered to enter into and carry into effect agreements
with any local authority company
or
persons for the
supply
of
water beyond the said company's water limits
to
any such authority company
or
persons respectively
in bulk for any
purpose
and for such remuneration and
on such terms and conditions and
for
such period as
might be agreed upon subject (inter alia) to the provision
that
such
supply should not be given-
"
if
and
so
long as such supply would interfere
with the supply of water
for
domestic purposes
within the Company's water limits
"
and subject also to the following provision contained in
subsection
(9)
of
section
48
(For protection
of
the Essex
(that is to say)
:-
"
(9)
Notwithstanding anything in this Act
the company shall not without the consent of
the county couiicil supply water in bulk to the
2
[I
&
2
GEO.
6.1
Clacton
Urban
District
[Ch.
1xiii.l
Council
Act,
1938.
urban district council of Clacton unless and
A.D.
1938.
except during such period
as
the said district
-
council afford
a
supply of water in bulk within
the village of St. Osyth at a point within fifty
yards
of
the existing main
of
the said district
council to be determined by the county council
at
a
pice not exceeding thc average price
for
thc
time being charged by the company
for
watei.
supplied to the wid district council
”
:
And whereas the supply of water obtainable by the
(louncil from their own soiirces of supply being insufficient
for
the growing needs and requirements
of
the consumers
the Council (with the consent
of’
the county council
of
the administrative county of Essex under subsection
(9)
of section
48
of the Tendring Hundred Water
ailcl
Gas
Act
1912)
entered into an agreement with the said
company
on
the twenty-eighth day of May one thousand
nine hundred and twenty-nine which is set out in the
Second Schedule
to
this Act for the supply of water by
the said company to the Council for the period
of
one
hundred years from the date
of
commencement of supply
and by a further agreement dated the ninth day
of
November one thousand nine hundred and thirty-six
which is also set out in the said Second Schedule pro-
vision was made for the alteration of the terms and
conditions of the original agreement and for the promotion
by the Council of a Bill for an Act to entitle the Council
to rank pari passu with regard to the continuity of their
water supply under the original agreement and the
supplemental agreement with domestic consumers within
the said company’s water limits for the time being
:
And whereas
it
is expedient that the said agreements
should be confirmed and made binding upon the Council
and the said company and that provision should be made
as
in this Act contained for determining the respective
rights of the Council under the said agreements and of
consumers of water for domestic purposes within the said
company’s water limits
:
Snd
whereas by the Clacton Gas and Water Act
1898
the Council were empowered to supply gas within their
district as then constituted and by the Clacton
Gas
Order
1930
their limits
of
supply were extended
so
as
to
include
the district
as
now constituted (except the part
of
the
A2
3
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