Gelligaer Urban District Council Act 1935

Publication Date:January 01, 1935
 
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Gelligaer Urban District Council Act 1935

(25 & 26 Geo. 5) c. cxii

An Act to empower the urban district council of Gelligaer to construct street improvements and to acquire lands for various purposes to authorise the provision by the Council of a crematorium to make further provision in regard to their electricity undertaking and for the improvement health good government and finances of their district and for other purposes.

[2nd August 1935]

[25 & 26 Geo. 5.] Gelligaer Urban [Ch. CXii.] District Council Act, 1935. CHAPTER cxii. An Act to empower the urban district council A.D. 1935. of Gelligaer to construct street improvements and to acquire lands for various purposes to authorise the provision by the Council of a crematorium to make further provision in regard to their electricity undertaking and for the improvement health good government and finances of their district and for other purposes. [2nd August 1935.] W HEREAS the urban district of Gelligaer (in this Act referred to as " the district ") is an urban district under the government of the urban district council of Gelligaer (in this Act referred to as " the Council "): And whereas it is expedient that the Council should be empowered to execute the street improvements described in this Act and to acquire certain lands in the district for the purposes in this Act mentioned and that the powers with respect thereto contained in this Act should be conferred upon them : And whereas the Council are the burial authority for the district and the owners of cemeteries and it is expedient that a crematorium should be provided within the district on part of the lands forming part of the Gwaelodybrithdir cemetery: And whereas under the powers of the Gelligaer (Bedlinog and Fochriw) Electric Lighting Order 1914 [Price 2s. Od. Net] A 1 [Ch. CXii.] Gdligaer Urban [25 & 26 Geo. 5.] District Council Act, 1935. A.D. 1935, (which was confirmed by the Electric Lighting Orders Confirmation (No. 4) Act 1914) and the Bedwellty Urban District Council Act 1919 the Council are supplying electricity in the district and it is expedient to make further provision in regard to the electricity undertaking of the Council: And whereas it is expedient that further and better provision should be made for the health good government and improvement of the district and that the powers of the Council in regard thereto should be enlarged as in this Act provided: And whereas it is expedient that the provisions in regard to the finances of the Council which are contained in this Act should be made and that the Council should be empowered to borrow money for the purposes of 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 estimates have been prepared by the Council for the following purposes (that is to say): (a) The purchase of lands for the purposes £ of this Act 2,300 (6) The construction of street improve ments 500 And whereas the several works included in such estimates respectively are permanent works and it is expedient that the Council should be empowered to borrow money for certain of those purposes as provided by this Act: And whereas plans and sections showing the lines and levels of the works authorised by this Act and also a book of reference containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of the lands required or which may be taken for the purposes or under the powers of this Act were duly deposited with the clerk of the county council of Glamorgan : And whereas in relation to the promotion of the Bill for this Act the requirements of sections 253 254 and 255 of the Local Government Act 1933 have been observed: 2 [25 & 26 Geo. 5.] Gelligaer Urban [Ch. cxii.] District Council Act, 1935. May it therefore please Your Majesty that it may be A.D. 1935. 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 : Paet I. Preliminary. 1. This Act may be cited as the Gelligaer Urban Short title. District Council Act 1935. 2. This Act is divided into Parts as follows : Division of Part I.Preliminary. Parts Part II.Lands. Part III.Street improvements. Part IV.Crematorium. Part V.Electricity. Part VI.Streets buildings sewers and drains. Part VII.Sanitary provisions. Part VIII.Financial. Part IX.Miscellaneous. 3. The Lands Clauses Acts (so far as the same are Incorpora- applicable for the purposes and are not inconsistent with tion of the provisions of this Act) are hereby incorporated with ^.ands this Act with the following exception and modification Acts (that is to say): (a) section 127 of the Lands Clauses Consolidation Act 1845 (relating to the sale of superfluous lands) is not incorporated with this Act; (6) the bond required by section 85 of the Lands Clauses Consolidation Act 1845 shall be under the common seal of the Council and shall be sufficient without the addition of the sureties mentioned in that section. 4.(1) In this Act the several words and expressions Interpreta-to which meanings are assigned by the Acts wholly or tion-partially incorporated herewith or by the Public Health Acts have the same respective meanings unless there be A2 3 [Ch. CXii.] Gelligaer Urban [25 & 26 Geo. 5.] District Council Act, 1935. A.D. 1935. something in the subject or context repugnant to such construction. (2) In this Act unless the subject or context otherwise requires " The Council" means the urban district council of Gelligaer; " The district " means the urban district of Gelligaer; " The clerk " and " the surveyor " mean respectively the clerk and the surveyor of the Council; " The Lands Clauses Acts" means the Lands Clauses Acts as modified by the Acquisition of Land (Assessment of Compensation) Act 1919; "The Public Health Acts" means the Public Health Act 1875 and the Acts amending and extending the same; "The Act of 1920" means the Gelligaer Urban District Council Act 1920; " The street improvements" means the street improvements and other works authorised by Part III (Street improvements) of this Act together with the subsidiary works thereby authorised; " The deposited plans " " the deposited sections " and " the deposited book of reference " mean respectively the plans sections and book of reference deposited with the clerk of the county council of Glamorgan in relation to the Bill for this Act; " The electricity undertaking " means the electricity undertaking of the Council for the time being authorised; " The Minister " means the Minister of Health; " Infectious disease " means any infectious disease to which the Infectious Disease (Notification) Act 1889 is for the time being applicable within the district; " Food " has the meaning assigned to it by section 34 of the Food and Drugs (Adulteration) Act 1928; 4 [25 & 26 Geo. 5.] Gdligaer Urban [Ch. CXii.] District Council Act, 1935. " Daily penalty " means a penalty for each day on A.D. 1935. which any offence is continued by a person after conviction; " Telegraphic line " has the same meaning as in the Telegraph Act 1878; " The general rate fund " and " the general rate " mean respectively the general rate fund and the general rate of the district; " Statutory security " means any security in which trustees are for the time being by or under any Act of Parliament passed or to be passed authorised to invest trust money and any mortgage bond debenture debenture stock stock or other security authorised by or under any Act of Parliament passed or to be passed of any county council or municipal corporation or other local authority as denned by section 34 of the Local Loans Act 1875 but does not include annuities rentcharges or securities transferable by delivery or any securities of the Council; " Statutory borrowing power" means any power whether or not coupled with a duty of borrowing or continuing on loan or re-borrowing money or of redeeming or paying off or creating or continuing payment of or in respect of any annuity rentcharge rent or other security representing or granted in lieu of consideration money for the time being existing under any Act of Parliament public or local passed or to be passed or under any Provisional Order confirmed by Act of Parliament passed or to be passed or under any order or sanction of any Government department made or given or to be made or given by authority of any Act of Parliament passed or to be passed but does not include the power to borrow by way of temporary loan or overdraft which is conferred by paragraph (a) of subsection (1) of section 215 of the Local Government Act 1933; " The revenues of the Council" means revenues as denned by section 218 of the Local Government Act 1933. A3 5 [Ch. CXiL] Gdligaer Urban [25 & 26 Geo. 5.] District Council Act, 1935. a.d. 1935. paet ii. Lands. Power to acquire lands. 5. Subject to the provisions of this Act the Council may enter upon take appropriate and use all or any of the lands delineated on the deposited plans and described in the deposited book of reference which they may require for the purposes of the street improvements and for the improvement and development of frontages or of any lands abutting on or adjacent to any street; for the purposes of halls offices and other buildings to be used for the purpose of transacting the business of the Council and for public meetings and assemblies; for the purposes of public walks and pleasure grounds under and subject to the provisions of the Public Health Acts; for the purposes of the provision of public conveniences; and (e) for the purposes of or in connection with the disposal of refuse: Provided that nothing in this Act shall authorise the Council to enter upon take appropriate or use the lands delineated on the deposited plans and...

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