Local Government Board's Provisional Order Confirmation (No.18) Act 1913

Publication Date:January 01, 1913
 
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Local Government Boards Provisional Order Confirmation (No.18) Act 1913

(3 & 4 Geo. 5) c. cxlii

An Act to confirm a Provisional Order of the Local Government Board relating to Middlesborough.

[15th August 1913]

[3 & 4 Geo. 5.] Local Government Boards [Oh. CXlil] Provisional Order Confirmation {No. 18) Act, 1913. CHAPTER cxlii. An Act to contirm a Provisional Order of the Local a.d. 1913. Government Board relating to Middlesbrough. [15th August 1913.] TICTHEREAS the Local Government Board have made a * ' Provisional Order under the provisions of the Local Govern ment Act 1888 and the said Order as amended is set forth in 51 & 52 Vict. the First Schedule hereto: c- 4L And whereas it is requisite that the said Order as amended should be 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 First Schedule Order in hereto (hereinafter referred to as "the Order") shall be and y^(lll|e 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 as u adJusl- r r mentis made thirty-two or section sixty-two of the Local Government Act otherwise 1888 or under either of those sections as modified or adapted tl,au l0" agreement. 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: [Price %s, Qd.] A 1 [Oh. CXlii.] Local Government Board's [3 & 4 Geo. 5.] Provisional Order Confirmation {No. 18) Act, 1913. A.D. 1913. (b) Provision shall be made for the payment to any council or other authority affected by the Order of such sum 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. *for Pfr^ec" 3. For the protection of the North Ormesby Gas Company Ormesby Limited (hereinafter referred to as " the Company ") the following Gas Com- provisions shall have effect that is to say: pany Li- mitei1- (1) So much of section 35 of the Middlesbrough Extension and Improvement Act 1866 and of any other Act or Order as empowers the Mayor Aldermen and Burgesses of the County Borough of Middlesbrough (in this section referred to as " the Corporation") to supply gas in that portion of the Urban District of Ormesby which is within the area of supply of the Company is hereby repealed: (2) If in the next two Sessions of Parliament the Corpora- tion shall introduce and bona fide promote a Bill for the purchase of the undertaking of the Company the Company shall not oppose any such Bill except so far as it may be necessary to secure the insertion therein of such clauses for the protection of their interests as are compatible with the provisions of this section: (3) Any such purchase shall be for such price or considera- tion and upon and subject to such terms and conditions as may be agreed upon between the Company and the Corporation or failing agreement shall be determined 2 ..---.. [3 & 4 Geo. 5.] Local Government Boards [Ch. CXlil] Provisional Order Confirmation {No. 18) Act, 1913.* A" subject to the provisions of this section by arbitra- A.D. 1913. tion in accordance with the provisions of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement and in the construction of the said provisions the expression " the promoters of the undertaking " shall mean the Corporation and the expression "lands" shall mean the undertaking of the Company The Corporation shall after service of notice to treat be entitled to access at all reasonable times to the books documents and accounts relating to the undertaking of the Company for the purpose of ascertaining the value of the undertaking except the books relating exclusively to the shareholders in and the constitution of the Company: (4) The Company shall not after the deposit of any such Bill in Parliament and during the promotion thereof issue or raise any capital or borrow any moneys except so far as may be necessary for carrying on their undertaking in the ordinary course of business: (5) The expression " the undertaking " includes all the gas- works mains pipes and machinery and plant fixed and movable and all other the real and personal property assets and effects of whatever nature and all the rights powers and privileges vested in or belonging to or had or enjoyed by the Company in relation to the supply of gas at the date of transfer of the undertaking to the Corporation except All cash balances (other than consumers' deposits) reserve funds undivided profits book and other debts bills of exchange cheques and other negotiable securities in the possession of the Company or of their bankers or agents on the date of the completion of the purchase; All rents and charges accrued due prior to the date of the completion of the purchase with proportionate parts of accruing rents and charges up to the same day; ( ?) All books relating exclusively to the share holders in and the constitution of the Company; and A 2 3 [Ch. CXlii.] Local Government Board's [3 & 4 Geo. 5.] Provisional Order Confirmation {No. 18) Act, 1913. (d) Movable stock in trade and other stores which shall be taken over by valuation at the date of transfer: (6) The Corporation shall pay compensation to the secretary and manager in the regular employment of the Company who shall not be retained by the Corporation in the same or similar office and at the salary and on the terms and conditions in and on which he was employed by the Company on the first day of July one thousand nine hundred and thirteen in respect of any loss of office or diminution of salary or income by reason of the transfer of the undertaking to the Corporation the amount of such compensation in default of agreement to be determined by arbitration in accordance with the provisions of the Arbitration Act 1889 and he shall not lose his right to compensation as aforesaid by reason of his refusal to accept employment under the Corporation nor shall such refusal be taken into account as a ground for reducing the amount of compensation to be paid: (7) If and when the Corporation shall become the Under- takers under the District Council Order as defined by Article XI. (2) of the Order the following provisions shall apply: (i) The Corporation shall on the expiration of the third complete financial year after they have commenced to supply electrical energy under the District Council Order and on the expiration of each third succeeding year reconsider and if necessary revise and thereafter maintain the scales of prices charged for electrical energy under the Middlesbrough Corporation Electric Lighting Order 1898 as extended by the Order so that so far as is reasonably practicable no rate will be required for the purpose of defraying the future expenses of the said undertaking during the next three years Provided nevertheless that (a) The prices to be charged shall not exceed the maximum prices which may be charged. under the said Order of 1898; 4 [3 & 4 Geo. 5.] Local Government Board?* [Ch. cxlii.] Provisional Order Confirmation (No. 18) Act, 1913. (b) The scales of prices so reconsidered and A.D. 1913. revised may be from time to time in like manner reconsidered and revised by the Corporation; (ii) There shall not be made against the district rate or any other rate for energy used by the Corporation for street lighting or any other purpose a charge at a higher price than that charged to consumers using energy for similar purposes and for the like hours of supply. 4. This Act may be cited as the Local Government Board's Short title. Provisional Order Confirmation (No. 18) Act 1913. *t 5 [Ch. CXlii.] Local Government Board's [3 & 4 Geo. 5.] Provisional Order Confirmation (No. 18) Act, 1913. a.d. 1913. SCHEDULES. Middle*-brough Order. EIRST SCHEDULE. BOROUGH OF MIDDLESBROUGH. Provisional Order made in pursuance of the Local Government Act 1888 for extending a Comity Borough. To the Mayor Aldermen and Burgesses of the Borough of Middlesbrough; To the Court of Quarter Sessions for the said Borough; To the Justices of the Peace for the said Borough; To the Justices of the Peace for the County of the North Riding of Yorkshire in Quarter Sessions assembled; To the County Council of the North Riding of Yorkshire; To the Urban District Council of Ormesby; To the Rural District Council of Middlesbrough; To the Guardians of the Poor of the Middlesbrough Union; To the Parish Councils of Linthorpe and Marton; To the Chairman of the Parish Meeting of the Parish of Acklam; To the Overseers of the Poor of the Parishes of Acklam linthorpe Marton Middlesbrough and Ormesby;? And to all others whom it may concern. 51 & 52 Vict. WHEREAS by Section 54 of the Local Government Act 1888 the -41- Local Government Board are empowered to make a Provisional Order for altering the boundary of any...

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