Kirkcaldy Corporation Order Confirmation Act 1939

Publication Date:January 01, 1939
 
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Kirkcaldy Corporation Order Confirmation Act 1939

(2 & 3 Geo. 6) c. vi

An Act to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Act 1936 relating to Kirkcaldy Corporation.

[27th March 1939]

2 & 3 Geo. 6. Kirkcaldy Corporation Ch. vi. Order Confirmation Act, 1939. CHAPTER vi. An Act to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Act 1936 relating to Kirkcaldy Corporation. [27th March 1939.] W HEREAS the Provisional Order set forth in the schedule hereunto annexed has been made by the Secretary of State under the provisions of the Private 26 Geo. 5. & Legislation Procedure (Scotland) Act 1936 and it is 1 Edw. 8. requisite that the said Order should be confirmed by c- 52-Parliament: Be it therefore 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 : The Provisional Order contained in the schedule Confirmation hereunto annexed is hereby confirmed. schedule."1 This Act may be cited as the Kirkcaldy Corpora- Short title. tion Order Confirmation Act 1939. A 1 Ch. vi. Kirkcaldy Corporation 2 & 3 Geo. 6. Order Confirmation Act, 1939. SCHEDULE. KIRKCALDY CORPORATION. Provisional Order to extend the boundaries of the royal burgh of Kirkcaldy to extend the limits of compulsory water supply to consolidate with amendments the Acts and Orders of or relating to the burgh and the gas electricity harbour water and omnibus undertakings thereof to confer further powers with respect to such undertakings and for other purposes. WHEREAS the royal burgh of Kirkcaldy in the county of Fife (hereinafter called " the burgh ") is a royal burgh and the provost magistrates and councillors thereof (hereinafter called " the Corporation ") are vested with the municipal and police administration of the burgh and are the local authority within the burgh under the Public Health (Scotland) Acts 1897 to 1907 and also the local authority under the Housing (Scotland) Acts 1925 to 1938 and also the road authority within the burgh : And whereas the lands available for the erection of dwelling-houses within the burgh are limited and it is necessary to provide for the erection of houses on lands outwith the existing boundaries thereof for the accommodation of persons employed therein for the relief of overcrowding and to meet the needs of an increased population and additional lands will be required for such purposes: And whereas the areas described in the First Schedule to this Order are situated in the county of Fife and immediately adjoin the burgh and are suitable for such purposes and it is expedient that the same should be included within the boundaries of the burgh : And whereas the Corporation are the owners of certain service reservoirs and other property within the said areas or some of them and it is expedient that such properties should be included within the boundaries of the burgh : 2 2 & 3 Geo. 6. Kirkcaldy Corporation Ch. vi. Order Confirmation Act, 1939. And whereas it is expedient and would be of public and local advantage that the police and municipal boundaries of the burgh should be extended and that all franchises rights privileges and immunities and the powers jurisdictions authorities and privileges of the provost magistrates and councillors and the burgh and dean of guild courts thereof should be extended over and be applicable to and within the said areas and that the provisions of all public and general and local and personal Acts and Orders relating to or in force for the time being within or applicable to the burgh should as the same are amended by this Order be made applicable to and within the said areas : And whereas it is expedient that subject to the provisions of this Order the said areas should be separated and disjoined from the county of Fife and be incorporated with and form part of the burgh and that the matters of administration and management and the jurisdictions powers functions and authorities within the said areas hereinafter mentioned should devolve upon and be vested in the Corporation in manner hereinafter appearing: And whereas it is expedient that the said areas should be added to the existing wards of the burgh : And whereas the gas electricity harbour water and omnibus undertakings of the burgh are vested in the Corporation as the owners thereof: And whereas the Acts and Orders relating to the burgh and to the said undertakings are numerous and many of their provisions have been superseded by subsequent 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 deemed expedient to retain were consolidated with certain additions and amendments into one Order : And whereas it is expedient at the same time to extend as in this Order provided the powers of the Corporation relating to the matters comprised in those enactments: And whereas it is expedient that the Corporation should be authorised to sell part of Loanwells Green in manner hereinafter in this Order provided: A 2 3 Division of Order into Parts. Ch. vi. Kirkcaldy Corporation 2 & 3 Geo. 6. Order Confirmation Act, 1939. And whereas it is expedient that rule three of the rules of the Prime Gilt Box Society of Kirkcaldy should in consequence of the extension of the burgh be altered in manner hereinafter in this Order provided : And whereas it is expedient that the compulsory limits of water supply should be extended as hereinafter in this Order is provided: And whereas it is expedient that the Corporation should be empowered to levy and collect rates assessments and charges within the burgh and in the said areas and to borrow further moneys for the purposes of this Order and otherwise as in this Order is provided : And whereas it is expedient that the further powers and provisions hereinafter in this Order contained should be conferred on the Corporation and made as by this Order provided: And whereas the purposes aforesaid cannot be effected without an Order confirmed by Parliament under the provisions of the Private Legislation Procedure (Scotland) Act 1936: Now therefore in pursuance of the powers contained in the said last mentioned Act the Secretary of State orders as follows : 1. This Order is divided into Parts as follows : Part I.Preliminary. Part II.Extension of boundaries and relative provisions. Part III.Gas. Part IV.Electricity. Part V.Harbour. Part VI.Water. Part VII.Omnibuses. Part VIII.Finance (^4)Preliminary. (B)Accounts. (C)Rating. {D)Borrowing. {E)Corporation stock. (,F)Miscellaneous. Part IX.Miscellaneous. 4 2 & 3 Geo. 6. Kirkcaldy Corporation Ch. vi. Order Confirmation Act, 1939. Pabt I. Peeuminaky. This Order may be cited for all purposes as Short title. the Kirkcaldy Corporation Order 1939. This Order shall commence and have effect on Commence-and from the sixteenth day of May one thousand nine ment of hundred and thirty-nine which date is hereinafter referred 0rder- to as " the commencement of this Order." 4. In this Order the terms words and expressions Interpre- to which meanings are assigned by the Acts wholly or tation. partly incorporated with this Order shall subject to the provisions of this Order have the same respective meanings unless there be something in the subject or context repugnant to such construction Further in this Order the following words and expressions shall have the several meanings by this section assigned to them unless there be something in the subject or context repugnant to such construction (that is to say): " added areas " means the portions of the county of Fife by this Order incorporated with the existing burgh and shown on the map to be deposited as hereinafter mentioned and marked areas 12 3 4 and 5; " assessor" means the registration officer of the existing burgh or the burgh as the case may be acting under the Election Acts; " burgh " means the royal burgh of Kirkcaldy as the municipal and police boundaries are extended by this Order; " Corporation " means the provost magistrates and councillors of the existing burgh or of the burgh as the case may be; " county " means the county of Fife; " county council " means the county council of the county; " district councils " means the Kirkcaldy District Council and the Wemyss District Council; " dwelling-house" means and shall include all premises used or occupied wholly or partly by any person for residential purposes; A3 5 Ch. vi. Kirkcddy Corporation 2 & 3 Geo. 6. Order Confirmation Act, 1939. Past I. " Election Acts " means the Acts in force for the mnt. time being relating to the registration of parlia- mentary and local government electors and the election of town councillors; " existing " means existing immediately previous to the commencement of this Order; " existing burgh" means the royal burgh of Kirkcaldy within the municipal and police boundaries thereof as existing immediately previous to the commencement of this Order; " gross annual value " has the meaning assigned 16 & 17 to it in the Rating (Scotland) Act 1926; Ogo * c 47 " lands and heritages" means and shall include lands and heritages as defined in the Valuation Acts; c.55. " occupier " has the meaning assigned to it in the 55 & 56 Vict. Burgh Police (Scotland) Act 1892; " owner " has the meaning assigned to it in the Burgh Police (Scotland) Act 1892; " rateable value " and " rateable valuation " in relation to lands and heritages means the rateable value and rateable valuation thereof as determined by any enactment affecting the same; " repealed Acts " means those provisions of the Acts and Orders which are repealed by this Order; cc sheriff " means the sheriff of the counties of Fife and Kinross and except where expressly limited to the sheriff includes his substitute sitting at Kirkcaldy for the time being; street" means any highway road bridge square lane...

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