Ministry of Health Provisional Order Confirmation (Cardiff Extension) Act 1922

Publication Date:January 01, 1922
 
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Ministry of Health Provisional Order Confirmation (Cardiff Extension) Act 1922

(12 & 13 Geo. 5) c. ix

An Act to confirm a Provisional Order of the Minister of Health relating to Cardiff.

[31st May 1922]

[12 & 13 Geo. 5.] Ministry of Health [Oh. ix.] Provisional Order Confirmation {Cardiff Extension) Act, 1922. CHAPTER ix. An Act to confirm a Provisional Order of the a.d. 1922. Minister of Health relating to Cardiff. [31st May 1922.] W HEREAS the Minister of Health has made the Provisional Order 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 Order c' * 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: 1. The Order as altered and set out in the schedule Order in hereto shall be and the same is hereby confirmed and all schedule the provisions thereof shall have full validity and force. connrmea. 2.(1) So much of the agreement dated the 3rd Savings for day of January 1894 and made between the Guardians of certaiQ the Poor Law Union of Cardiff acting as Rural Sanitary ^tr^nent?. Authority (being the predecessors of the Rural Council) of the one part and the Ystradyfodwg and Pontypridd Main Sewerage Board (hereinafter referred to as "the Sewerage Board'') of the other part and of the agreements respectively dated the 3rd day of May 1899 the 1st day of August 1900 and the 1st clay of June 1904 and made between the Rural Council of the one part and the Sewerage Board of the other part and of any other agreement entered into between the Rural CounciJ and the Sewerage Board before the commencement of the Order as respectively confers or imposes upon the Rural [Price 3s. Net.] A 1 [Ch. ix.] Ministry of Health [12 & 13 Geo. 5.] Provisional Order Confirmation (Cardiff Extension) Act, 1922. A.D. 1922. Council any powers rights privileges duties or obligations with respect to any sewer of the Sewerage Board within or the admission thereinto of sewage from portions of the Rural District which after the commencement of the Order will be within and without the City respectively shall be transferred to and exercised or enjoyed or performed by the Corporation and the Rural Council respectively and shall be enforceable by the Sewerage Board against the Corporation or the Rural Council (as the case may require) and by the Corporation or the Rural Council (as the case may require) against the Sewerage Board The said agreements shall respectively be read and have effect as if to the extent to which the same are transferred to and are to be exercised or enjoyed or performed by the Corporation and the Rural Council respectively such agreements had been entered into separately between the Sewerage Board on the one hand and the Corporation and the Rural Council respectively on the other hand but except as expressly provided by this section no alteration effected by the Order shall cause to abate or prejudicially affect any of those agreements. So long as the agreements referred to in subsection (1) of this section or any or either of them or the agreement dated the 14th day of December 1888 and made between the Guardians of the Poor Law Union of Cardiff acting as the Rural Sanitary Authority of the one part and the Sewerage Board of the other part remain in operation and applicable to the admission into any sewer of the Sewerage Board of sewage from portions of the Rural District which after the commencement of the Order will be without the City (in this section referred to as " the excluded areas") (and in the case of such of the said agreements as are referred to in subsection (1) of this section whether on the terms and conditions therein specified or as revised under the provisions of those agreements) the Rural Council shall be entitled at all times to cause any sewers within the excluded areas to communicate with or continue to communicate with any sewer in the City which directly or indirectly communicates with and discharges into any sewer of the Sewerage Board. The Rural Council shall not be required to make any payment to the Corporation in consideration of the rights conferred by subsection (2) of this section except 2 [12 & 13 Geo. 5.] Ministry of Health [Ch. ix.] Provisional Order Confirmation (Cardiff" Extension) Act, 1922. in respect of such portion as may properly be chargeable A.D. 1922. to the excluded areas of the interest and sinking fund charges on the outstanding loans (if any) (the liability for which loans may be taken over by the Corporation) in respect of the construction of sewers in the added areas which are at the commencement of the Order used for the purpose of conveying sewage from the excluded areas to any sewer of the Sewerage Board. (4) The powers of the Rural Council under sections 16 and 32 of the Public Health Act 1875 shall extend to enable the Rural Council to effect (a) the communication of sewers provided for by subsection (2) of this section; and (b) direct communication between any sewers within the excluded areas and any sewer of the Sewerage Board: Provided that in its application to any sewer to be laid by the Rural Council under such powers through across or under any highway street or place for the time being vested in repairable by or under the control of the Corporation the said section 32 shall be read and have effect as if "one month " were substituted therein for " three months " and Provided further that the Corporation shall not object to the construction of any such sewer except {a) as respects the proposed route thereof so far as it affects any property of the Corporation or any such highway street or place as aforesaid; or {b) for the purpose of securing such amendment of the plan referred to in the said section 32 as may be necessary for their protection. (5) Tno alteration effected by the Order shall extend alter abate or prejudicially affect the agreement dated the 14th day of December 1888 and made between the Corporation of the one part and the Sewerage Board of the other part with respect to the construction of the main outfall sewer of the Sewerage Board through the existing City and that agreement shall be observed and performed in all respects as if the Order had not been made. 3.(1) After the commencement of the Order the Corporation Rural Council shall be entitled at all times to cause any * ei sewers within the Rural District as altered by the Order R^f Dis-"1 to communicate with the sewers of the Corporation in trictof the City and the manner in which and the terms and Llaadair and . _ r Dinas Fowls. A 2 o [Ch. ix.] Ministry of Health Tl2 & 13 Geo. 5.] Provisional Order Confirmation (Cardiff Extension) Act, 1922. A.D. 1922. conditions on and subject to which such communication shall be made shall be settled by agreement between the Corporation and the Rural Council or failing such agree. ment by an arbitrator to be appointed by the Minister and subject thereto the provisions of the Arbitration Act 1889 shall apply. (2) The provisions of subsection (1) of this section shall apply to any sewer or sewers to which the last preceding section of this Act applies if and when the right of the Rural Council to exercise the powers rights and privileges conferred upon them in relation to such sewer or the admission of sewage thereinto by the agreements referred to in subsection (1) of the last preceding section of this Act or any of them is determined. Definitions. 4. Words and expressions to which meanings are respectively assigned by the Order shall in this Act have the same respective meanings. Short title. 5. This Act may be cited as the Ministry of Health Provisional Order Confirmation (Cardiff Extension) Act 1922. 4 [12 & 13 Geo. 5.] Ministry of Health [Gh. ix.] Provisional Order Confirmation (Cardiff Extension) Act, 1922. SCHEDULE. a.d.1922. CITY OF CARDIFF. Provisional Order made in pursuance of the Cardiff Local Government Act 1888 for the extension of a 0rder- County Borough. WHEREAS by virtue of Section 54 of the Local Government Act 1888 the Minister of Health is empowered to make a Provisional Order for altering the boundary of any Borough; And whereas the existing City of Cardiff is a County Borough within the meaning of the Local Government Act 1888 and is for the purposes of that Act situate in the County of Glamorgan and the inhabitants are a body corporate by the name of the Lord Mayor Aldermen and Citizens of the City of Cardiff and act by the Council of the said City which now consists of the Lord Mayor (who is also a Councillor) ten Aldermen and twenty-nine other Councillors and the said City is for the purposes of the election of Councillors divided into ten wards; And whereas the said City is co-extensive with the Parish of Cardiff and is an Urban Sanitary District under the jurisdiction of the Lord Mayor Aldermen and Citizens acting by the Council; And whereas the said City has a separate court of quarter sessions recorder stipendiary magistrate commission of the peace police force and coroner; And whereas in pursuance of the Education Act 1902 the Council of the said City are the local education authority; And whereas (a) The unrepealed provisions of the Local Acts specified in Part I. of Schedule A. to this Order and of the Confirmation Acts specified in Part II. of the said Schedule so far as the last-mentioned Acts relate to the Orders specified in that Schedule; (6) The Baths and Washhouses Acts 1846 to 1899; (c) The Public Libraries Acts 1892 to 1919; 5 [Ch. ix.] Ministry of Eealth [12 & 13 Geo. 5.] Provisional Order Confirmation {Cardiff Extension) Act, 1922. D. 1922. (d) The Infectious Disease (Prevention) Act 1890; (e) Parts II. and III. of the Public Health Acts Amend- ££f ment Act 1890 ; and (/) The Museums and Gymnasiums Act 1891 (so...

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