Local Government Board's Provisional Orders Confirmation (No.13) Act 1904

Publication Date:January 01, 1904
 
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Local Government Boards Provisional Orders Confirmation (No.13) Act 1904

(4 Edw. 7) c. clxii

An Act to confirm certain Provisional Orders of the Local Government Board relating to Blackpool Newcastle-upon-Tyne Tynemouth and Wigan.

[15th August 1904]

[4 Enw. 7.] Local Government Board's [Ch clxii.] Provisional Orders Confirmation (No. 13) Act, 1904, CHAPTER clxii. An Act to confirm certain Provisional Orders of the Local a.d. 1904. a Government Board relating to Blackpool Newcastle-upon-Tyne Tynemouth and Wigan. [15th August 1904.] W HEREAS the Local Government Board have made the Provisional Orders set forth in the schedule hereto under the provisions of the Local Government Act 1888 : 51 & 52 Vict And whereas it is requisite that the said Orders should be confirmed by Parliament and that the provisions herein contained should be enacted with reference to certain of those Orders: 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 : 1. The Orders as altered and set out in the schedule hereto Oiersin shall be and the same are hereby confirmed and all the provisions 6 !,"'llI-,le thereof shall have full validity and force. 2- The following provisions- shall apply to the county borough As to romui-of Blackpool Order 1904 (in this section referred to as " tho !"um ol 'l,L A v hospital Blackpool Order") viz. : board. (1) In this section the expression " the hospital committee'3 means the Pylde Preston and Garstang Hospital Committee " the Hospital District " means the Pylde Preston and Garstang Joint Hospital District and (the Corporation " means the mayor aldermen and burgesses of the borough of Blackpool: [Price 3s. 9d.] A ] [Ch. clxii.] Local Government Board's [4 Ebw. 7.] Provisional Orders Confirmation (No. 13) AcL 1904. A,U. 1904. {2) With a view to the forming of a united district under the provisions of section two hundred aud seventy-nine of the Public Health Act 1875 in lieu of the hospital district ?which was constituted under the Isolation Hospitals Acts 1S93 and 1901 Articles VI. and VII. of the Blackpool Order shall not come into operation until the first day of October one thousand nine hundred and seven and the hospital committee are hereby empowered to apply and shall forthwith after the passing of this Act apply to the Local Government Board fox and use their best endeavours to obtain a Provisional Order for forming the districts included in the hospital district into a united district under the provisions of the Public Health Act 1875 for the purpose of the provision maintenance and management for the use of the inhabitants of the united district of a hospital or hospitals for the reception of cases of small-pox and the Corporation shall not nor shall any constituent authority of the hospital committee oppose the said application except in matters of detail Provided that if the hospital committee shall not within two years from the first day of October one thousand nine hundred and four apply for and obtain such Provisional Order the Corporation shall be at liberty to apply for the same and in that case the hospital committee shall not nor shall any constituent authority oppose the said application except in matters of detail: The Provisional Order shall provide for he transfer to and the vesting m the joint board to be constituted by the Order as the governing body of the united district of all lands property assets debts and liabilities of the hospital committee and for the dissolution of the hospital committee and shall contain (as near as may be) the same provisions in regard to the representation of the constituent authorities upon the joint board and the mode of defraying the expenses of the joint board as are now applicable to the hospital committee: The Provisional Order shall further provide for the payment within a time to be fixed by the Order by the joint board to the Lancashire County Council of the balance outstanding of any loans advanced by the county council to the hospital committee: The Provisional Order constituting the united district may provide that on the application of any of the constituent 2 [4 Edw. 7-] Local Government Board's [Ch. ClxiL] Provisional Orders Confirmation (No. 13) Act, 1904. authorities of the joint board the Local Government Board A.D. iao4 may after enquiry and prior notice thereof to the said con-stituent authorities by order alter the number and proportion of members representing the said constituent authorities and may make any provisions incidental to or consequential on such alteration including an alteration in the total number of members of the joint board and of the number forming a quorum but so that representation shall be based on the population of the several constituent districts according to the last preceding census: Until the constitution of the joint board or until the first day of October one thousand nine hundred and seven (whichever event shall first happen) the Corporation notwithstanding anything to the contrary contained in the Isolation Hospitals Act 1893 or in any other Act shall continue a constituent authority of the hospital committee as if the borough of Blackpool had not been constituted a county borough: The Provisional Order constituting the joint board shall also contain all such provisions as are necessary or proper for giving effect to the foregoing provisions of this section and subject to the last-mentioned provisions the provisions of the Public Health Act 1875 shall apply to and in respect of the Provisional Order and the application therefor and the confirmation thereof: The costs charges and expenses iucurred by the hospital committee in or about the Blackpool Order or the confirmation thereof by this Act and any application for a Provisional Order made in pursuance of the provisions of this section shall unless by the said Provisional Order otherwise provided be deemed to be establishment expenses within the meaning of the Orders constituting the hospital committee : Any capital sum which has been or shall be expended Provision by the Lancashire County Council in pursuance of sanctions J?r Prtec" already granted by the Local Government Board or which may Lancashire be granted by the Local Government Board on an application £ounty pending before them on the first day of July one thousand nine hundred and four in respect of the main roads in tbe administrative county of Lancaster known as the Blackpool 1o Gars tang main road and the Preston to Blackpool main road respectively -and in respect of Savick" Bridge shall be deemed A 2 3 A.O. 1904. Special provisions relating to Newcastle Order. Special pro vision as to the Moot Hall. For protection of trustees of And re w Montagu deceased. [Oh., clxii.] Local Government Board*s |~4 Edw. 7.] Provisional Orders Confirmation (No. 13) Act, 1904. a liability connected with the financial relations of the said administrative county and the borough of Blackpool and shall be deemed to be a liability to which regard shall be had as a subject for adjustment together with all other circumstances of the case. 3. The following provisions shall apply to the Newcastle-upon-Tyne (Extension) Order 1904 (in this section referred to as " the Newcastle Order") viz. : Nothing in the Newcastle Order or in the city maps shall be deemed to affect the Moot Hall or to include the Moot Hall within the boundary of the city but the Moot Hall shall lor all purposes remain and be part of the county of Northumberland : For the protection of George Denison Faber Edmund Beckett Faber and Francis Charles Greenfield the Trustees of the Will of Andrew Montagu deceased ov other the owner or owners for the time being of the added pari of Kenton {in this subsection called " the Trustees") the following provisions shall unless otherwise agreed in writing between the Trustees and the Corporation apply and have effect that is to say; (a) Within six months after receiviug notice in writing from the Trustees the Corporation shall at tbeir own expense construct and complete an outfall sewer of not less than eighteen inches in diameter so as to drain the added part of Kenton such sewer to be laid to a point in Kenton Lane opposite the northwest corner of the Old Grand Stand and at a depth at that point of twelve feet below the surface of the roadway or such other diameter or depth as may be required for efficiently draining the added part of Kenton ; (b) As from the date of the completion of such sewer the Trustees shall in each year until the moneys borrowed by the Corporation for the construction of such sewer shall have been repaid or until the aggregate amount of all rates (other than poor rates) levied in respect of the added part of Kenton shall in any year have reached the sum of one hundred and fifty pounds (whichever shall be the earlier date) pay to the Corporation the difference between the amount of 4 [4 Et w. 70 Local Government Board's [Ch. clxii.] Provisional Orders Confirmation {No. 13) Act, 1904* such rates and the said sum of one hundred and AJX1964, fifty pounds Provided that in calculating the amount to be paid in any year by the Trustees to the Corporation the Corporation shall give credit for and the Trustees shall be entitled to take into account tho amount of the general rate received by the Corporation in respect of any premises in the city using such sewer which are not situate within the added part of Kenton and also interest at the rate of three per cent, per annum on any contribution received by the Corporation in respect of the use of such sewer by any premises which are not situate within the added part of Kenton; (c) The Corporation shall afford to the Trustees all reasonable facilities for ascertaining the annual sums payable to or to be allowed by the Corporation; (p) Tf any difference shall arise as to...

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