Mid and South East Cheshire Water Board Act 1946

Publication Date:January 01, 1946
 
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Mid and South East Cheshire Water Board Act 1946

(9 & 10 Geo. 6) c. xxviii

An Act to constitute a joint board consisting of representatives of the county council of the administrative county of the county palatine of Chester the mayor aldermen and burgesses of the borough of Crewe the urban district councils of Middlewich Nantwich Northwich Sandbach and Winsford and the rural district councils of Congleton Nantwich and Northwich to vest in the said board the water undertakings of the constituent authorities to authorise the Board to supply water and for other purposes.

[12th July 1946]

9 & io Geo. 6. Mid and South East Cheshire' Ch. xxviii. Water Board Act, 1946. CHAPTER xxviii. An Act to constitute a joint board consisting of representatives of the county council of the administrative county of the county palatine of Chester the mayor aldermen and burgesses of the borough of Crewe the urban district councils of Middlewich Nantwich Northwich Sandbach and Winsford and the rural district councils of Congleton Nantwich and Northwich to vest in the said board the water undertakings of the constituent authorities to authorise the Board to supply water and for other purposes. [12th July 1946.] W HEREAS the borough of Crewe (hereinafter called " the borough ") is a municipal borough under the local government of the mayor aldermen and burgesses of the borough (hereinafter called " the corporation ") and the urban districts of Middlewich Nantwich Northwich Sandbach and Winsford are under the respective local nranagement and control of the urban district councils of Middlewich Nantwich Northwich Sandbach and VVinsford and the rural districts of Congleton Nantwich and Northwich are respectively under the local management and control of the rural district councils of Congleton Nantwich and Northwich all in the administrative county of Chester: And whereas the corporation are the owners of waterworks constructed under the powers of the Public Health Acts and the Crewe Corporation Act 1938 and are supplying water throughout the borough with the exception of certain properties belonging to the London Midland and Scottish Railway Company which are supplied with water by that company: A I Ch. xxviii. Mid and South East Cheshire 9 & 10 Geo. 6. Water Board Act, 1946. And whereas the urban district council of Northwich (hereinafter called "the Northwich Urban Council'') are the owners of waterworks constructed under the powers of the Northwich Local Board Act 1885 and the Northwich Urban District Council Act 1914 and the other urban and rur^l district councils are the owners of waterworks constructed under the Public Health Acts and all the said councils are supplying water within their districts: And whereas the corporation the urban district council of Middlewich (hereinafter called " the Middlewich Council ") the Northwich Urban Council and the rural district council of Northwich (hereinafter called " the Northwich Rural Council ") have sources of supply all situate in the Forest of Delamere and extensive exploitation of any one source may affect a neighbouring source and to enable the fullest and most economical use to be made of the potential quantities of water available it is desirable that the future development of the sources of supply should be under joint control: And whereas mains from the pumping stations belonging to the Middlewich Council the Northwich Urban Council the Northwich Rural Council and the urban district council,of Winsford in certain lengths run alongside and cross one another: And whereas the main conveying water from the Eaton pumping station of the corporation passes through the northern part of the rural district of Nantwich which surrounds the urban district of Nantwich and a main has recently been laid by the Northwich Rural Council for the supply of water in bulk to the rural district council of Congleton: And whereas by an indenture dated the sixth day of March one thousand nine hundred and seven and made between the King's most Excellent Majesty of the first part the Right Honourable Charles Robert Earl Carrington K.G. G.C.M.G. the Commissioner of Woods in charge of the land revenues of the Crown in the county of Chester of the second part the Right Honourable Sir John Tomlinson Brunner of Druids Cross near Liverpool in the county of Lancaster baronet of the third part and the Middlewich Council of the fourth part a piece or parcel of land (hereinafter called " the conveyed land ") containing four acres and eighteen square yards or thereabouts at Delamere in the county of Chester being part of Organsdale Farm and lying on the west side of Black Bank Wood and shown by red colour on a plan annexed to the said indenture and certain rights of way and other rights were granted and conveyed to the Middlewich Council by the said Lord Carrington under the powers of the 2 9 & io Geo. 6. Mid and South East Cheshire Gh. xxviiL Water Board Act, 1946. Crown Lands Acts 1829 to 1906 and of all other powers in anywise enabling him in that behalf and by and with the consent of the Lords Commissioners of His Majesty's Treasury signified by their warrant dated the third day of April one thousand nine hundred and six and on the nomination of the said Sir John Tomlinson Brunner testified by his executing the said indenture: And whereas by the said indenture the Middlewich Council for themselves and their assigns and to the intent to bind not only themselves but also as far as practicable all persons claiming title under them to the land and premises thereby assured or any part thereof and to bind such land and premises into whosesoever hands the same might come by a covenant numbered three in the said indenture (in this Act referred to as " the third covenant ") covenanted with the King's Majesty His heirs successors and assigns and the owners and owner for the time being of the land adjoining the conveyed land that the Middlewich Council or their assigns would not (inter alia) use the conveyed land nor any building or works thereon otherwise than for or in connection with the supply of water to the Middlewich Council and their successors and the urban district of Middlewich and to His Majesty His heirs and successors and the Commissioner or Commissioners of Woods for the time being in charge of the land revenues of the Crown in the county of Chester and his and their grantees tenants and nominees: And whexeas by a deed dated the twenty-sixth day of September one thousand nine hundred and forty-five and inrolled at the Land Revenue Record Office on the twelfth day of October one thousand nine, hundred and forty-five between the King's most Excellent Majesty of the first part the Commissioners of Crown Lands on behalf of His Majesty acting in exercise of the powejs of the Crown Lands Acts 1829 to 1943 of the second part and the Middlewich Council of the third part supplemental to the said indenture dated the sixth day of March one thousand nine hundred and seven (therein and hereinafter referred to as " the principal deed ") it was agreed that the principal deed should be modified and should-be construed and take effect in the manner now provided by this Act but it was by the said deed further provided that nothing therein contained should prevent any person other than His Majesty and His successors or the said Commissioners of Crown Lands from enforcing in pursuance of any right then existing all or any of the covenants (including the third covenant) provisions and conditions contained in the principal deed: And whereas it is expedient that the third covenant should be modified in the manner provided by this Act and that such A 2 3 Ch. xxviii. Mid and South East Cheshire 9 & 10 Geo. 6. Water Board Act, 1946. modification should be binding upon all persons interested in the said covenant or having any right to enforce the same: And whereas it would be a public and local advantage if a joint board (hereinafter referred to as the Board ") were constituted consisting of representatives of the county council of the* said administrative county of -the county palatine of Chester and of the corporation and of the urban and rural district councils hereinbefore mentioned: And whereas it is expedient to provide for the transfer to the Board of the existing waterworks and water undertakings of the corporation and the said urban and rural district councils and that the Board should be empowered to maintain and extend the waterworks transferred by this Act and to supply water in accordance with the provisions of this Act: And whereas it is expedient that the other provisions contained in this Act should be enacted: And whejeas the purposes of this Act cannot be effected without the authority of Parliament: And whereas in relation to the promotion of the Bill for this Act the county cduncil of the administrative county of the county palatine of Chester have complied with the require-23 & 24 Geo. 5. ments of Part XIII of the Local Government Act 1933: ^. 51 May it therefore please Your Majesty that it may be enacted .and be it 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 (that is to say): Part I. Preliminary. Short title. 1. This Act may be cited as the Mid and South East Cheshire Water Board Act 1946. .^Division of Act 2. This Act is divided into Parts as follows: rinto Parts. -n , T t- 1 Part I.Preliminary. Part II.Establishment constitution and proceedings of Board. Part III.Transfer of existing undertakings. Part IV.Supply of water &c. Part V.Finance. Part VI.Miscellaneous. 4 9 & io Geo. 6. Mid and South East Cheshire Ch. xxviii. Water Board Act, 1946. 3.(1) The following enactments (so far as the same are Part I. applicable for the purposes and are not inconsistent with the cont. provisions of this Act) are incorporated with this Act Incorporation...

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