Cornwall County Council Act 1971

JurisdictionUK Non-devolved
Citation1971 c. liv
Cornwall County Council
Act
1971
c.
liv
ELIZABETH H
1971 CHAPTER liv
An Act to confer further powers on the Cornwall County
Council and on local authorities in the administrative
county of Cornwall in relation to lands, development
and the local government, improvement and finances
of and in the county; and for other purposes.
[27th July 1971]
T17HEREAS
(1)
It is
expedient that further
and
better provision should
be
made with reference
to
lands, industrial
and
other development
and
for
the local government, improvement and
finances
of and
in
the administrative county
of
Cornwall
and
that
the
powers
of
the
county council
of
that administrative county
and of
local
and
other authorities therein should
be
enlarged
and
extended
as
provided
in
this
Act:
(2)
It is
expedient that
the
other provisions contained
in
this
Act should
be
enacted:
(3)
The
purposes
of
this
Act
cannot
be
effected without
the
authority
of
Parliament:
2 c. liv
Cornwall County Council
Act
1971
1933 c. 51.
Short
and
collective
titles.
1929 c. lxxxii.
1960 c. xii.
Division
of
Act
into
Parts.
(4) In relation to the promotion of the Bill for this Act the
requirements of Part XIII of the Local Government Act 1933
have been observed:
May it therefore please Your Majesty that it may be enacted,
and be it enacted, by the Queen'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:
PART
I
PRELIMINARY
1.-—(1)
This Act may be cited as the Cornwall County Council
Act 1971.
(2) The County of Cornwall Act 1929, the Cornwall County
Council Act 1960 and this Act may be cited together as the
Cornwall County Council Acts 1929 to 1971.
2.
This Act is divided into Parts as follows:
Part I.—Preliminary.
Part II.—Lands and industrial development.
Part III.—Highways and streets.
Part IV.—Hackney carriages, etc.
Part V.—Fire protection and public safety.
Part VI.—Public order, health and welfare.
Part VII.—Finance.
Part VIII.—Administration.
Part IX.—Miscellaneous.
Part X.—General.
Interpretation.
3.—(1)
In this Act the several words and expressions to which
meanings are assigned by section 343 of the Act of
1936
have the
same respective meanings unless there is something in the subject
or context repugnant to such construction.
(2) In this Act unless otherwise expressly enacted or unless
the subject or context otherwise requires, the following expressions
have the meanings hereby respectively assigned to them:
" the Act of 1933 " means the Local Government Act 1933;
" the Act of 1936 " means the Public Health Act 1936;
" the Act of 1937 " means the Local Government Super-
annuation Act 1937;
" the Act of 1959 " means the Highways Act 1959;
" the Act of 1963 " means the Offices, Shops and Railway
Premises Act 1963;
" appointed day " has the meaning assigned to that expression
by section 112 (The appointed day) of this Act;
" caravan " has the same meaning as in Part I of the Caravan
1960
c.
62.
Sites and Control of Development Act 1960;
1936
c.
1937
c.
1959
c.
1963
c.
49.
68.
25.
41.
Cornwall County Council
Act
1971
c. liv 3
" claimed county road " has the same meaning as in section 4
PART
I
oftheActofl959; -«»'
"the clerk" means the clerk of the Council;
" contravention " includes a failure to comply and " contra-
vene " shall be construed accordingly;
" Council" means the county council of the county;
" county " means the administrative county of Cornwall;
" county fund " means the county fund of the Council;
" county road " has the same meaning as in section 295 of
the Act of 1959;
" daily
fine
" means a fine for each day on which an offence
is continued after conviction
thereof;
" district" means a borough or an urban or rural district
in the county;
" enactment " means any enactment, whether public general
or
local,
and includes any order, byelaw, rule, regulation,
scheme or other instrument having effect by virtue of
any enactment;
" general rate fund " and " general rate " mean respectively
the general rate fund and the general rate of a district;
" highway " has the same meaning as in section 294 of the
Act of 1959;
" highway authority " means
(a) in the case of a trunk road, the Secretary of
State or, with his consent, the authority who are
for the time being acting as his agent under the Act
of 1959 with respect to that trunk road;
(b) in the case of a county road in the county,
except a claimed county road, and in the case of any
other highway for the time being maintained by the
Council, the Council; and
(c) in the case of any other highway, the local
authority for the district in which the highway is
situate;
" highway maintainable at the public expense" has the same
meaning as in section 295 of
the
Act of 1959;
" industrial building " has the same meaning as in the Local
Employment Act 1960; 1960c. is.
" local authority " means the council of a district;
"magistrates' court" has the same meaning as in the
Magistrates' Courts Act 1952;
1952
c.
55.
"operational land", in relation to statutory undertakers
other than the Post Office, means land which is used
for the purpose of the carrying on of their undertaking
and land in which an interest is held for that purpose,

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