Dundee Corporation (Consolidated Powers) Order Confirmation Act 1957
| Jurisdiction | UK Non-devolved |
| Citation | 1957 c. iv |
| Year | 1957 |
6 ELIZ. 2 Dundee Corporation {Consolidated Ch. iv
Powers) Order Confirmation Act, 1957
CHAPTER iv
An Act to confirm a Provisional Order under the Private
Legislation Procedure (Scotland) Act 1936 relating to
Dundee Corporation (Consolidated Powers).
[19th December 1957.]
W
HEREAS a Provisional Order relating to Dundee Corpora-
tion (Consolidated Powers) has after inquiry held before
Commissioners been made by the Secretary of State
under the provisions of the Private Legislation Procedure
(Scotland) Act 1936 and it is expedient that the said Order should
subject to amendment be confirmed by Parliament:
Be it therefore 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:—
1.
The Provisional Order contained in the schedule hereunto Confirmation
annexed is hereby confirmed. of Order in
schedule.
2.
This Act may be cited as the Dundee Corporation (Consoli- Short title.
dated Powers) Order Confirmation Act 1957.
1
Ch.i\ Dundee Corporation (Consolidated 6
ELIZ.
2
Powers) Order Confirmation Act, 1957
SCHEDULE
DUNDEE CORPORATION (CONSOLIDATED POWERS)
Provisional Order to consolidate with amendments the Acts and
Orders relating to and to confer further powers on the Corpora-
tion of the city and royal burgh of Dundee and for other
purposes.
Whereas the Corporation of the city and royal burgh of Dundee
(hereinafter called "the Corporation") are vested with the municipal
government and administration of the city and royal burgh of
Dundee and are the local authority therein;
And whereas the Acts and Orders relating to the Corporation are
very numerous and in many cases have been superseded by subse-
quent legislation and ought to be repealed and it would be of public
and local advantage if such of the provisions of the said Acts and
Orders as it is expedient to retain were consolidated with certain
additions and amendments:
"And whereas it is expedient at the same time to extend as provided
in this' Order the powers of the Corporation relating to the matters
comprised in those enactments:
And whereas it is expedient that the further provisions contained
in this Order should be enacted:
And whereas the purposes aforesaid cannot be effected without an
Order' confirmed by Parliament under the Private Legislation
Procedure (Scotland) Act 1936:
Now therefore in pursuance of the powers contained in the said
Act' the Secretary of State orders as follows: —
PART I
PRELIMINARY
1.—(1)
This Order may be cited for all purposes as the Dundee
Corporation (Consolidated Powers) Order 1957.
(2) Except. as otherwise in this Order expressly provided this
Order shall come into operation on the date of the passing of the
Act confirming this Order which date is in this Order referred to as
the commencement of this Order.
Interpretation. 2.—(1) In this Order terms words and expressions to which
meanings are assigned by any public Act applicable to the Corpora-
tion or wholly or partially incorporated with this Order shall subject
to the provisions of this Order have the same respective meanings
unless there is something in the subject or context inconsistent with
or repugnant to such construction.
(2) The following words and expressions in this Order have
unless there is something in the subject or context repugnant to
such construction the meanings hereby assigned to them (that is
to
say):
—
"Act of 1947" means the Local Government (Scotland) Act
1947;
9
Short title and
commencement
of Order.
6
ELIZ.
2 Dundee Corporation {Consolidated Ch. iv
Powers) Order Confirmation Act, 1957
" animal" means cattle sheep goats swine and horses and
PART
I
" horses " includes asses and mules; —cont.
" article " includes an animal a sum of money and a quantity
of a commodity;
" beach " means any bank dune flat or other land adjacent to
the foreshore or to any river within the city so far as open
to the public;
"broker" means any person who deals by way of trade in
second-hand goods other than—
(a) books; and
(b) goods bona fide forfeited in accordance with the
Pawnbrokers Act 1872:
Provided that a wholesale dealer in rags ropes and waste
purchasing only from licensed brokers or licensed marine
store dealers or in quantities of not less than half a ton
shall not toe included in this definition;
" building" includes any structure or erection of whatsoever
kind or nature whether temporary or permanent or any
part thereof but does not include an advertisement to
which regulations made under section 29 of the Town and
Country Planning (Scotland) Act 1947 for the time being
apply;
" burgh fund " means the burgh fund referred to in the section
of this Order of which the marginal note is " Burgh fund " ;
" burgh prosecutor " means the procurator-fiscal of the police
court and includes his deputes ;
"Burial Grounds Acts" means the Burial Grounds (Scotland)
Act 1855 and any Act amending or extending that Act;
" Camperdown Estate" means that portion of the estate com-
monly known as " the Camperdown Estate" purchased
by the Corporation out of funds derived by them from the
Sir James Caird Land Acquisition Fund;
" carriageway " means the part of the street (including water
channels) between the footways on either side thereof or
between the adjoining lands or buildings where there is not
a footway and used or intended to be used for vehicular
traffic ;
" chief constable " means the chief constable of the city and
includes any person acting as chief constable or authorised
by the chief constable to act for him either for the purposes
of this Order generally or for the purposes of any particular
provision of this Order ;
" city " means the city and royal burgh of Dundee ;
"city chamberlain " means the city chamberlain of the city ;
" city engineer " means the city engineer of the city ; 3
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