Local Government Board's Provisional Orders Confirmation (No.4) Act 1901

Publication Date:January 01, 1901

Local Government Boards Provisional Orders Confirmation (No.4) Act 1901

(1 Edw. 7) c. cxlvi

An Act to confirm certain Provisional Orders of the Local Government Board relating to Congleton (Rural) Kingsbridge Liverpool Middleton Pudsey and Tamworth

[26th July 1901]

[l EDW. 7.1 -Local Government Boctrcl's [Ch. cxlvi.] Provisional Oiders Co@rmntion (No. 4) Act, 1901. CHAPTER cxlvi. An Act to confirm certain Provisional Orders of the A.U. 1901. - Local Government Board relating to Congleton (Rural) Kingsbridge Liverpool Middlet on Pudsey and Tamworth. [26th July l9Ol.J HEREAS the Local Government Board have made the Provisional Orders set forth in the schedule hereto under the provisions of tlie P-ublic Health Act 1875 : 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 thereto : Be it therefore enacted by the King's most Excellent Majesty by and with tlie 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 Orders shall be and the same are hereby confirmed and all the provisions ~~~~~~~!e thereof shall hme full validity and force. 2.-(1.) The following provisions shall apply to the councils Restriction mentioned in the Orders relating to Congleton (Rural) Kingsbridge ~)~~~~s~ 38 & 39Vict. c. 55. IV Middleton and Tamworth hereby confirmed viz.- of labouring The councils shall not under thc powers of those Orders purchase or acquire ten or more houses which on the fifieenth day of December last were occupied either wholly or partially by persons belonging to the labouring class as tenants or lodgers or except with tlle consent of tile Local Governmcnt Board ten or more houses which were not so occupied on the said fifteenth day of December but have heen or shall be subsequently so occupied. (2.) The following provisions shall apply to the corporations of Liverpool and Pudsey (each of which authorities is hereinafter rprice Is. 6d.l a 1 [Ch. cxlvi.] LLOC;~ Government Board's [I EDW. 7.1 Pmnisional Orclers ConJirmcction (No. 4) Act, 1901. A.D. 1901. referred to as "the corporation ") mentioned iu tlie Orders rclatillg to Liverpool and Pudscy viz. :- (i) The corporation sila11 not under tlie pomers of the Order hereby confirmed purchase or acquire ten or more houses ~rliicli on tlie fifteenth clay of December last were or haT-e been sincc that day or shall hereafter be occupied either wholly or partially bp pttmms belonging to the labouring class as tenants or lodgers unless and until- (a.) They slid have obtained the approval OF the Locsl Government Board to a scheme for providing iicw dwellings for such iiunibcr of persons as were residing in such houses on the fifteenth day oE December last or for such immber of persons as tlie Local Government Bod stiall after inquiry d.eciii necessary hnvin; regard to tlie iiuiiibcr of persons on or after that clntc residiiig in such houses and working vltliin one mile thcrefrom i111tl to the amouut of vacant suitable accommodation in tlic iilziiieclist,e neighbour- hood of such houses or to tlic place of employment of such persons and to all the ciramstnnces of the case ; and (6.) `Iliep shall have given security to the mtisfnetion of tlic Local Governnient Board for tlie carrying oilt of illc scheme. iii.) Tlie approval of tlie Local Governinent Board to any sclicmc uuder this section may be given eith( r absolutely or coli- (litionally and after the Local Government Board linve approvccl of any such scheme they may from time to time apprwe either absolutely or conditionally of any modifications in tlic sclwn1e. (iii.) E:.cry sclieme under this section shall contkLiii provisions prescribing the time witliin which it sliall bo cnrricd out and shall require tlic new dwellings proposed to be providcd under the scheme to be completed fit for occupation beforc thc persons residing in the houses iii respect of which tlic sciiciiic is made are clisplaced : Providcxl thztt the 1~~al Government Board may dispense n ith tlie last-nicntiorml requirement su?)ject to sucll conditions if any cs they may see fit. (iv.) Any provisions of any schciiic unclcr this scction or any conditions sul),jec t to which the Local G overnmcnt Board may li21,ve approved of any sclicmc or of any iiiodliications of any sclieine or subject to wbicli they niay Iiavc clispxsed with tlic - 9 `d above-mentioned requirement shall be enforceable by writ of A.D. iwi. mandamus to be olltained by the Local Government Board out -- of the High Court. (v.) If the corporation acquire or appropriate any ILCIL~S:: or lmws for the purposes of the Order liereby confirmed in contravention of the foregoing provisions or clisplace or cause to be displacecl the persons residing in any liousc or houses in contravention of the requirements of tlie schemo they shall be liable to a penalty of five hundred poiinds in respect of every sucli hoasc vhicli penalty shall bc recoverable by the Local Govemmeiit Boxcl by action in tlie High Court and shall be carried to and forin part of the Consolidated Fund of the United Kingdom Provided that tlie Court may if it think fit reduce such penalty. (vi.) For the purposc of carrying out any scheme under this section the corporation may appiopriatc ancl use any lands for the time being belonging to tiieni or wliich they have pwer to acquire : Provided that nothing in this section shall relieve tlie corporation from the necessity of obtaining tlie approval of tlic Local Government Board for such appropriztion or use of tlicir corporate jand as mould require sucli approVal under thc: 1\9unicipal Corporations Act 1882 (as amended by section 72 of the Locid Governiiient Act lSS8) or any othcr general Act. ivii.) Subject to the provisions of this section the corporation aid the Local Government 13oard and their inspectors shall liave and may exercise for any purpose in corinexion with any sclicrne under this section all or any of the powers vested in tlieiii uuiler the Public Health Act 1175 in the same manner in every respect as if the preparation and carrying into eflect of sucli sclieme werc one of the general pqosees of that L4ct : Proviclecl thaC d1 larich on wiiicli any buildings liave bccn erected or provided by the corporation in pursuance of any sciieuie under this section sliall for a period of tweilty-iiye scars from the date of `,he scheme be apyropriatecl for tlic purpose of dwellings and every conveyance demise or lease of sach lands and buildings shall bc eudorsed with notice OP this enactment: Pruvided also that the Local Government Board may at any time dispense with all or any of the requirerriects of this sili- scctioiz sxbject to snch conditions if any as they msy see fit. A2 3 [Ch. cxlvi.] &Local Gouernzment Botird's [I EDW. 7.3 Provisional Orders ConJimzation (No. 4) Act, 1901. A.D. 1901. (viii.) The corporation shall pay to the Local Government Board a sum to be fixed by that Board in respect of the preparation and issue. of any Provisional Order in pursuance of this section and any expenses incurred by that Board in relation to any inquiries under this section iiicluding the expenses of any witnesses sunimoned by the inspector holding the inquiry and a sun1 to be fixed by that Board not exceeding t,hree guineas a day for the ser-i-ices of such inspector. (3.) For the purposes of this section the expression " labouring ciass " means mechanics artizans labourers and others working For wages hanrlters costermongers persons not working for wages but working at some trade or handicraf f without employing others except members of their own family and persons other than domestic servants whose income does not exceed an average of thirty shillings a week and the families of any of such persons who may be residing with them. 3. This Act may be cited as the Local Government Board's - Sliort title, Yrovisional Orders Confirmation (No. 4) Act 1901. 1 EDW. 7.1 Zoca2 Government Bocwcl's [Ch. cxlvi.] Provisiolzal Orders Coi$rmntion (No. 4) Act, 1901. Nos. and deposited Colourv On 1 Description of Lands. Plans. I SCHEDULE. Owner or reputed Owner. Occupier. A.P. 1901. - 3 Blue , Southern half of bed of 1 ditto - - - 4 Brown Meadow or pasture land - 1 ditto - - 5 Green 1 Ditch - - 1 ditto - - - - River Dane. I I RURAL DISTRICT OF CONGLETON. to put in force the Compulsory Clauses of the Lccnds Clauses Acts. Provisionul Order to enable the Rwal District Cozcncil of Congleton Rg;gg:;;r. To the Rural District Council of Congleton ; - And to all others whoin it may concern. WHEREAS the Eural District Council of Congleton (herein-after referred to as `I the District Council ") require to purchase and take the lands described in the schedule hereto for the disposal of the sewage of the contributory place of Church Hulme in their district and for providing access to such lands : Now therefore We the Local Government Board in pursuance of the powers given to Us by Section 176 of the Public Health Act 1875 and by any other 38 & 39 %t. Statutes in that behalf do hereby order that froin and after the date of the Act of Parliament confirming this Order the following provisions shall have effect viz.,- Art. I. The District Council shall be empowered to put in force with reference to the lands described in the schedule hereto and for the purposes aforesaid the powers of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement or any of them. c. 55. Art. 11. This Order may be cited as the Congleton Rural Order 1901. ditto, ditto. ditto. The SCHEDULE above referred to. Township of CHURCH HULME in the County of CHESTER. Given under the Seal of Office of the Local Government Board tliis Thirtieth day of April One thousand nine hundred and one. (TA) WALTER H. LONG President. S. B. PROVIS Secretary. 5 [Ch...

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