Liverpool Corporation Act 1966

Publication Date:January 01, 1966
 
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Liverpool Corporation Act 1966

1966 c. xxxvi

An Act to authorise the lord mayor, aldermen and citizens of the city of Liverpool to construct street works and other works; to acquire lands for those and other purposes; to confer further powers on the said lord mayor, aldermen and citizens; and for other purposes.

[13th December 1966]

Liverpool Corporation Act 1966 Ch. xxxvi 1 ELIZABETH II 1966 CHAPTER xxxvi An Act to authorise the lord mayor, aldermen and citizens of the city of Liverpool to construct street works and other works; to acquire lands for those and other purposes; to confer further powers on the said lord mayor, aldermen and citizens; and for other purposes. [13th December 1966] W HEREAS the city of Liverpool (hereinafter referred to as " the city ") is a county borough under the management and local government of the lord mayor, aldermen and citizens of the city acting by the council (hereinafter referred to as " the Corporation "): And whereas it is expedient to empower the Corporation to make and maintain the works described in this Act and to confer on the Corporation for the several purposes mentioned in this Act powers relative to the purchase and use of lands and easements: And whereas it is expedient to make further provision for the improvement and finances of the city and that the powers of the. Corporation in relation thereto should be enlarged and extended: And whereas it is expedient that the other provisions in this Act should be enacted: And whereas estimates have been prepared for the purposes hereinafter mentioned and such estimates are as follows: £ The construction of the works authorised by this Act 34,300,000 2 Ch. xxxvi Liverpool Corporation Act 1966 1933 c. 51. Short title. And whereas the works included in such estimates are permanent works and it is expedient that the cost thereof should be spread over a term of years: And whereas the objects of this Act cannot be effected without the authority of Parliament: And whereas plans and sections showing the lines or situations and levels of the works to be constructed under the powers of this Act and a book of reference to such plans 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 have been duly deposited in the office of the Clerk of the Parliaments and in the Private Bill Office of the House of Commons and with the town clerk of the city, which plans, sections and book of reference are respectively referred to in this Act as the deposited plans, the deposited sections and the deposited book of reference: And whereas 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. This Act may be cited as the Liverpool Corporation Act 1966. Division of Act into Parts. 2. This Act is divided into Parts as follows: Part I.Preliminary. Part II.Lands. Part III.Works. Part IV.Protective provisions. Part V.Finance and general. Interpretation. 3.(1) In this Act unless the subject or context otherwise requires " the city " means the city of Liverpool; " contravention" includes a failure to comply and " contravene " shall be construed accordingly; " the Corporation " means the lord mayor, aldermen and citizens of the city acting by the council of the city; " enactment" includes an enactment in this Act or in any general or local Act, and any order, byelaw, scheme or regulation for the time being in force within the city; Liverpool Corporation Act 1966 Ch. xxxvi 3 " house " has the same meaning as in section 343 of the Part I Public Health Act, 1936; com. " land " or " lands " includes land covered with water and l936 c" 49-any interest in land and any easement or right in, to, under or over land; " the Lands Clauses Acts " means the Lands Clauses Acts as modified by the Lands Tribunal Act, 1949, and by the 1949 c. 42. Land Compensation Act, 1961; 1961 c. 33. " the limits of deviation" means the limits of deviation shown on the deposited plans; " the Minister " means for the purposes of Part II (Lands) and Part V (Finance and general) of this Act, the Minister of Housing and Local Government; and in all other cases, the Minister of Transport; " relocation of population or industry " has, in relation to any land which may be acquired under this Act, the meaning assigned to that term in section 221 of the Town and Country Planning Act, 1962, in relation to 1962 c. 38. an area of obsolete development; " reserved area " means any area for the time being set apart in or adjacent to the works or in or adjacent to any street improvement for dividing lines of traffic or for separating footway and carriageway, or, where no part of the works or of a street improvement has been laid out as footway, for separating the carriageway from the adjoining lands; " street" has the meaning assigned to that term in the Highways Act, 1959; 1959 c. 25. " street improvement" means any of the works or any work carried out by the Corporation in the city under powers conferred by Part V of the Highways Act, 1959, other than sections 83 and 84 thereof; " the town clerk " means the town clerk of the city; " the tribunal " means the Lands Tribunal; " the works " means the works authorised by Part III (Works) of this Act. Where in this Act any distance or length is stated in the description of any work, the reference to that distance or length shall be construed as if the words " or thereabouts " were inserted after such distance or length Any reference in this Act to an enactment shall be construed as a reference to that enactment as applied, extended, amended or varied by, or by virtue of, any subsequent enactment including this Act. 4 Ch. xxxvi Liverpool Corporation Act 1966 Part I ?cont. Incorporation of general Acts. 1845 c. 18. 1860 c. 106. 1845 c. 20. Power to acquire lands. (4) Any reference in this Act to a work identified by the number of such work shall be construed as a reference to the work of that number, together with the works subsidiary thereto, authorised by this Act. 4.(1) The following Acts and parts of Acts, so far as the same are applicable for the purposes of and are not inconsistent with or varied by the provisions of this Act, are hereby incorporated with and form part of this Act and this Act shall be deemed to be the special Act for the purposes of the said incorporated enactments: the Lands Clauses Acts (except sections 92, 127 to 133, and 150 and 151 of the Lands Clauses Consolidation Act, 1845, and section 5 of the Lands Clauses Consolidation Acts Amendment Act, 1860): Provided that the bond required by section 85 of the Lands Clauses Consolidation Act, 1845, shall be sufficient without the addition of the sureties mentioned in that section; the provisions of the Railways Clauses Consolidation Act, 1845, with respect to the temporary occupation of lands near the railway during the construction thereof. (2) For the purposes of this Act the expressions " the promoters of the undertaking " and " the company " in the said Acts shall be construed to mean the Corporation and the expression " the railway " in the Railways Clauses Consolidation Act, 1845, shall be construed to mean the works and the expression " the centre of the railway " in the said Act shall be construed to mean any part of the works. Part II Lands 5.(1) Subject to the provisions of this Act the Corporation may enter upon, take and use such of the lands delineated on the deposited plans and described in the deposited book of reference as they may require for the purposes of the works or any purpose connected therewith and for securing the improvement and development of, and providing space for the erection of houses and buildings and the provision of parking places for motor vehicles on, lands adjoining or near to the works and for the purposes of recoupment, reinstatement or exchange and for other the purposes of this Act or for any of the aforesaid purposes. (2) The powers of the Corporation for the compulsory acquisition of land under this section shall cease after the expiration of three years from 31st December, 1966: Provided that the Minister of Transport may by order from time to time extend the period for the exercise of the powers of the Corporation for the compulsory purchase of land under this section. Liverpool Corporation Act 1966 Ch. xxxvi 5 Part II cont. An order under subsection (2) of this section shall be subject to special parliamentary procedure. Subject to the provisions of this Act the Corporation may enter upon, take, use and appropriate so much of the subsoil and under-surface of any street maintainable at the public expense within the limits of deviation as shall be necessary for the purposes of the works without being required to purchase the same or any easement therein or thereunder or to make any payment therefor. 6. If the Minister of Transport by order made under sub- Powers to section (2) of section 5 (Power to acquire lands) of this Actowners and. extends the period for the exercise of the powers of the Corporation ^fae as to for the compulsory purchase of land, the following provisions purchase shall apply after the coming into operation of that order: of land. (1) In this section " the land " means any land which is for the time being authorised to be acquired compulsorily by this Act; " the lessee " means a lessee under a lease having a period of not less than twenty-one years to run at the date of his notice under paragraph (2) of this section: (2) If any person being the owner or lessee of any of the land shall give...

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