Local Government Board's Provisional Order Confirmation (No.14) Act 1913

Publication Date:January 01, 1913
 
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Local Government Boards Provisional Order Confirmation (No.14) Act 1913

(3 & 4 Geo. 5) c. cxxxviii

An Act to confirm a Provisional Order of the Iocal Government Board relating to Liverpool.

[15th August 1913]

[3 & 4 Geo. 5.] Local Government Board's [Ch. CXXXViiL] Provisional Order Confirmation (No. 14) Act, 1913. CHAPTER cxxxviii. An Act to confirm a Provisional Order of the Local A.D. 1913. Government Board relating to Liverpool. [15th August 1913.] TIT HERE AS the Local Government Board have made the * Provisional Order set forth in the Eirst Schedule hereto under the provisions of the Local Government Act 1888: 51 & 52 Vict, c 41 And whereas it is requisite that the said Order should he confirmed by 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 Order as amended and set out in the Eirst Schedule Order i i hereto (herein-after referred to as "the Order") shall be and g^edulel the same is hereby confirmed and all the provisions thereof confirmed. shall have full validity and force. On any adjustment made otherwise than by agreement Provisions for the purposes of the Order or of this Act under section mentsmade*" thirty-two or section sixty-two of the Local Government Act otherwise 1888 or under either of those sections as modified or adapted *h*"efent by the Order (a) Any adjustment of the local taxation licences the estate duty grant and the residue under section one of the Local Taxation (Customs and Excise) Act 1890 in pursuance of the Order shall be carried out in accordance with the rules contained in Part I. of the Second Schedule hereto: (b) Provision shall be made for the payment to any council or other authority affected by the Order of such sum [Price 2s. 3d.] A 1 A.D. 1913. Provisions applying to Order. Nomination of additional aldermen by the Urban Councils. [Oh. CXXXViiL] Local Government Board's [3 & 4 Geo. 5.] Provisional Order Confirmation {No. 14) Act, 1913. as seems equitable in accordance with the rules contained in Part II. of the Second Schedule hereto in respect of any increase of burden which will properly be thrown on the ratepayers of the area of that council or other authority in meeting the cost incurred by that council or other authority in the execution of any of their powers and duties as a consequence of any alteration of boundaries effected by the Order or other change in relation to which the adjustment takes place. In this section and in Part II. of the said Second Schedule the expression " council or other authority affected by the Order " includes any council authority or persons entitled to make an adjustment under section sixty-two of the Local Government Act 1888 or that section as modified or adapted by the Order. 3. The following provisions shall apply to the Liverpool (Extension) Order 1913 (in this section referred to as "the Liverpool Order ") and expressions in this section have the same meaning as in the said Order: (1)(a) The Much Woolton Council may if they think fit by resolution nominate the one of the two persons to be first elected as additional aldermen of the city required to be the councillor for the Much "Woolton ward or to be chosen from among the persons qualified to be councillors whose qualifying property is situate in that ward and the person so nominated shall be elected an alderman of the City Council; (b) The Allerton Council the Childwall Council and the Little Woolton Council by a majority of the members of such councils present and voting at a meeting to be called for the purpose by the lord mayor of the city and held between the first and tenth days of November one thousand nine hundred and thirteen may if they think fit by resolution nominate the other of the two persons to be first elected as additional aldermen of the city and the person so nominated shall be elected an alderman of the City Council The said meeting shall be presided over by one of the said members (to be chosen by the meeting) who in the event of an 2 [3 & 4 Geo. 5.] Local Government Board's [Oh. CXXXViii.] Provisional Order Confirmation {No. 14) Act, 1913. equality in the voting on any resolution shall have a A.D. 1913. casting vote in addition to his vote as such member: (2)(a) Ten days at least before the ordinary day of Special pro-election of councillors for the city in each year until vision a? two additional councillors have for the first time ed in~ been elected in pursuance of this subsection for each representa-of the new wards constituted by the Liverpool Order ^Zdl "^ the town clerk of Liverpool shall ascertain the number of citizens whose names appear on the ward roll for each of such new wards When and so soon as the number of citizens on the ward roll for any such new ward is so ascertained to be (i) Not less than one thousand and not more than two thousand; or (ii) More than two thousand; the town clerk shall in each case cause public notice to be given throughout the ward to the effect that at the next ordinary day of election of councillors one additional councillor will be elected for that ward and thereafter the number of councillors for that ward and for the city shall be increased by one and the town clerk shall insert the necessary particulars in the notice of election to be prepared signed and published by him in pursuance of section fifty-four of the Municipal Corporations Act 1882; So soon as a third councillor has been elected in any such ward the term of office and the retirement of each of the councillors representing that ward shall notwithstanding anything in the Liverpool Order be determined by the City Council in the manner provided by the Municipal Corporations Act 1882; If any difficulty arises in giving effect to this subsection or in the election of a councillor in pursuance of this subsection the Local Government Board may by order do or authorise anything which appears to them to be necessary or expedient for giving effect to this subsection cr for the proper holding of the election and every such order shall have effect as if enacted in this Act: A2 3 [Ch. CXXXViii.] Local Government Board's [3 & 4 Geo. 5.] Provisional Order Confirmation (No. 14) Act, 1913. A.D. 1913. Special provision as to division of Allerton Childwall and Little Woolton ward and increased representation of same. (3)(a) It shall be the duty of the council within six months of the election of the third councillor as aforesaid for the Allerton Childwall and Little "Woolton ward to petition the King to divide the said ward into three wards (herein-after in this section referred to as " the new wards") and to provide for an increased number of aldermen and councillors of the council pursuant to the provisions herein-after contained; If the council shall fail in the performance of their duty as aforesaid it shall be lawful for the majority of the councillors representing the Allerton Childwall and Little "Woolton ward to present a petition to His Majesty in like manner as the same might have been presented by the council and all subsequent proceedings may thereupon be taken upon such petition as if it had been a petition presented by the council; In connexion with any scheme prepared for determining the boundaries of the new wards and apportioning the councillors among them in pursuance of the said petition under the Municipal Corporations Acts 1882 to 1910 the following provisions shall apply (viz.) : (i) The boundaries to be so determined shall if and so far as the same shall be practicable be determined by reference to the existing boundaries of (a) The Allerton Urban District; The Little Woolton Urban District; The Childwall Urban District together with the adjoining portion of the existing Wavertree ward referred to in Article VIII. (2) of the Order ; (ii) The alderman referred to in subsection (1) (b) of this section shall be assigned to that new ward which shall contain the largest number of citizens at the date of the said scheme and such alderman shall hold office for the same time that he would have held it had the Allerton Childwall and Little Woolton ward remained undivided; [3 & 4 Geo. 5.] Local Government Board's [Oh. CXXXVlii.] Provisional Order Confirmation (No. 14) Act, 1913. Subsection (2) of this section shall apply mutatis A.D. 1913. mutandis to each of the new wards; When three councillors shall for the first time have been elected for the new wards (other than the new ward to which the alderman is assigned pursuant to the provision in that behalf herein-before contained) the council shall proceed to elect an alderman to be assigned to the one of the last aforesaid new wards which shall then contain the largest number of citizens and when six councillors shall for the first time have been elected for such last aforesaid new wards the council shall proceed to elect an alderman to be assigned to the other of such aforesaid new wards and the number of aldermen of the city in each such case shall be increased by one alderman. 4. A petty sessional court shall from the commencement Petty ses- of the Order be held in the added area of the Much Woolton sional court in added District for the transaction of such magisterial business (or any areas. part thereof) as may arise within the added areas Provided that nothing in this section shall in any way limit or restrict to the added areas the jurisdiction of the justices of the city by whom such court is held. 5. If the Corporation shall promote. legislation or otherwise Rights of attempt to alter or vary any of the provisions of the Order or p errg t0 of this Act so far as the same apply to the added areas or prevent any one or more of them any owner or ratepayer for the time ^^Q^er being in any added area which will be affected thereby shall be entitled to petition Parliament against and otherwise oppose any...

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