Ministry of Health Provisional Order Confirmation (Ashton-under- Lyne Extension) Act 1926

Publication Date:January 01, 1926
 
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Ministry of Health Provisional Order Confirmation (Ashton-under-Lyne Extension) Act 1926

(16 & 17 Geo. 5) c. lxi

An Act to confirm a Provisional Order of the Minister of Health relating to Ashton-under-Lyne.

[4th August 1926]

[16 & 17 Geo. 5.] Ministry of Health [Ch. lxi.] Provisional Order Confirmation (Ashton-under-Lyne Extension) Act, 1926. CHAPTER lxi. An Act to confirm a Provisional Order of the a.d. 1926. Minister of Health relating to Ashton-under- Lyne. [4th August 1926.] TT^HEREAS the Minister of Health has made the M Provisional Order set forth in the schedule hereto under the provisions of the Local Government 51 & 52Vict. Act 1888 : c 41. And whereas it is requisite that the said Order 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 schedule Order in hereto shall be and the same is hereby confirmed and all schedule the provisions thereof shall have full validity and force. confirmed- This Act may be cited as the Ministry of Health Short title-Provisional Order Confirmation (Ashton-under-Lyne Extension) Act 1926. [Price 1*. Net.] A 1 [Ch. lxi.] Ministry of Health [16 & 17 Geo. 5.] Provisional Order Confirmation (Ashton-under-Lyne Extension) Act, 1926, A.D. 1926. SCHEDULE. BOROUGH OF ASHTON-UNDER-LYNE. Ashton- Provisional Order made in pursuance of the Local n^^f,ie Government Act 1888 for the extension of a Borough. WHEREAS by 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 Borough of Ashton-under-Lyne in the County Palatine of Lancaster is a Borough within the meaning of the Local Government Act 1888 and the inhabitants are a body corporate by the name of the Mayor Aldermen and Burgesses of the Borough of Ashton-under-Lyne and act by the Council of the Borough which now consists of the Mayor (who is also a councillor) eight aldermen and twenty-three other councillors and the Borough for the election of councillors is divided into four wards; And whereas the Borough is co-extensive with the Township of Ashton-under-Lyne and is an Urban District under the jurisdiction of the Mayor Aldermen and Burgesses acting by the Council; And whereas the said Borough has a separate commission of the peace and a separate police force and in pursuance of the Education Act 1921 the Council of the Borough are the local education authority for the purposes of elementary education; And whereas the Urban District of Hurst in the County Palatine of Lancaster which is co-extensive with the Township of Hurst immediately adjoins the said Borough; And whereas the said Borough and the Urban District of Hurst constitute the Parliamentary Borough of Ashton-under-Lyne: Now therefore the Minister of Health in pursuance of the powers given to him by Sections 54 and 59 of the Local Govern- 2 [16 & 17 Geo. 5.] Ministry of Health [Ch. lxi.] Provisional Order Confirmation (Ashton-under-Lyne Extension) Act, 1926. that A.D. 1926. Ashton-under-Lyne Order. ment Act 1888 and of all other powers enabling him in behalf hereby orders as follows : Part I. Interpretation and Commencement. 1. In this Order unless the context otherwise requires Definitions. "The Act of 1888" and "the Act of 1894" mean respectively the Local Government Act 1888 and the Local Government Act 1894; " The added area " means the Urban District of Hurst which is added to the existing Borough of Ashton-under-Lyne by this Order; " The appointed day " means the First day of April Nineteen hundred and twenty-seven; " The Borough " means the existing Borough of Ashton-under-Lyne as extended by this Order; " The Corporation " means as the context requires the Mayor Aldermen and Burgesses of the existing Borough or of the Borough acting by the Council; " The County" and " the County Council" mean respectively the Administrative County of the County Palatine of Lancaster and the County Council of that County; " The maps " means the duplicate maps marked " Map " of the Borough of Ashton-under-Lyne as extended " by the Ashton-under-Lyne (Extension) Order 1926 " and sealed with the official seal of the Minister; " The Minister " means the Minister of Health; " The Municipal Corporations Acts " means the Municipal Corporations Act 1882 and the Acts amending and extending the same; " The Urban District " and " the Urban Council " mean respectively the Urban District of Hurst and the Urban District Council of Hurst; " Existing " in relation to any area altered by this Order means existing immediately before the appointed day; Local Authority " means a local authority as defined in Section 3 of the Local Government and other Officers' Superannuation Act 1922 and includes the standing joint committee of a county; " Officer" includes a servant and any person whose remuneration is paid by a local authority. A2 3 [Ch. lxi.] Ministry of Health [16 & 17 Geo. 5.] Provisional Order Confirmation (Ashion-under-Lyne Extension) Act, 1926. A.D. 1926. Ashion-under-Lyne Order. Commencement of Order. 2. Save as otherwise expressly provided this Order shall come into operation on the First day of April Nineteen hundred and twenty-seven : Provided that for the purposes of (a) The division of the Borough into wards and all proceedings preliminary or relating to any election to be held in March Nineteen hundred and twenty-seven for any area affected by this Order; (6) The compilation alteration or re-arrangement of any register of ele'ctors made under the Representation of the People Acts 1918 to 1922; and (c) The preparation of any precept or contribution order to be made on or after the appointed day; this Order shall operate from the date of the Act of Parliament confirming this Order. Part II. Alteration of Borough Boundary. Extension of 3.(1) The boundary of the existing Borough the area existing whereof is coloured pink on the maps shall be altered so as to Borough. include in addition to that area the Urban District of Hurst the area whereof is coloured yellow and blue on the maps. (2) The boundary of the Borough shall be that shown by the red line on the maps and the whole of the area within that boundary shall for the purposes of the Municipal Corporations Acts and for all other purposes be the Borough. Deposit and 4.(1) One of the maps shall be deposited in the office copies of 0f ^jjg Minister and the duplicate map shall be deposited bv *^' the town clerk of the existing Borough at his office. (2) Copies of the map deposited with the town clerk certified by him to be true shall be sent within one month after the date of the Act of Parliament confirming this Order to the clerk of the County Council to the Board of Inland Revenue to the Commissioners of Customs and Excise to the Registrar-General to the Board of Trade to the Minister of Transport and to the Minister of Agriculture and Fisheries. Copies of map to be evidence. 5.(1) Copies of or extracts from the map deposited with the town clerk and certified by him to be true shall be received in all courts of justice and elsewhere as prima facie evidence of the contents of the map so far as it relates to the boundary of the Borough. (2) The map deposited with the town clerk ahall at all reasonable times be open to inspection by any person liable 4 [16 & 17 Geo. 5.] Ministry of Health [Ch. lxij. Provisional Order Confirmation (Ashton-under-Lyne Extension) Act, 1926. to any rate leviable within the Borough and any such person A.D. 1926. shall be entitled to a copy of or extract from the map certified.. by the town clerk to be true on payment of a reasonable fee Ashton- to be determined by the Corporation. ""oS?"6 (3) All fees so received shall be carried to the Borough fund. Pabt IE. Provisions consequent on Extension of Borough. 6. The number of councillors of the Borough shall be Number of increased from twenty-four to thirty and the number of aldermen councillors of the Borough shall be increased from eight to ten. and alder" ^ men. 7. Subject to the provisions of the Municipal Corporations Municipal Acts with respect to the alteration of wards the following provi- wards. sions shall have effect (1) For the purposes of the election of councillors the Borough shall be divided into six wards; (2) The four existing municipal wards and the number of councillors assigned to those wards shall remain unaltered ; (3) That portion of the added area which is coloured yellow on the maps shall constitute a new ward of the Borough to be called the East Ward; (4) That portion of the added area which is coloured blue on the maps shall constitute a new ward of the Borough to be called the West Ward; (5) Three councillors shall be assigned to the East Ward constituted by this article and three councillors shall be assigned to the West Ward so constituted. 8. A first election of councillors for the East Ward and Election of for the West Ward of the Borough shall be held in March aMennen Nineteen hundred and twenty-seven and the first election of p^i0^" the two additional aldermen of the Borough shall be held in 1927. April of the same year and the following provisions shall apply to the elections (1) The Mayor and the Town Clerk of the existing Borough or such other persons as the Minister may appoint shall perform the duties devolving upon a mayor and town clerk respectively under the Municipal Corporations Acts and the Mayor shall be the returning officer at the election for both wards but may appoint some other person to act as returning officer at the election for either ward or for both wards; (2) Six councillors shall be elected on the Twenty-fourth day of March and two aldermen shall be elected on the Thirteenth day of April; 5 A.D. 1926. Ashtoti- under-Lyne Order...

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