Pembrokeshire County Council Act 1942

Publication Date:January 01, 1942
 
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Pembrokeshire County Council Act 1942

(5 & 6 Geo. 6) c. x

An Act to empower the county council of the administrative county of Pembroke to establish a ferry across Milford Haven between Hobbs Point at Pembroke Dock and Neyland and for other purposes.

[29th July 1942]

5 & 6 Geo. 6. Pembrokeshire County Ch. x. Council Act, 1942. CHAPTER x. An Act to empower the county council of the administrative county of Pembroke to establish a ferry across Milford Haven between Hobbs Point at Pembroke Dock and Neyland and for other purposes. [29th July 1942.] W HEREAS the county council of the administrative county of Pembroke (in this Act called " the Council '') are the owners of a floating landing stage and a steel bridge connecting the same with the shore at Neyland in the said county constructed under the powers of the Pembrokeshire (Neyland Landing Stage) Order 1929 confirmed by the Pier and Harbour Orders Confirmation Act 1929 and 20 Geo. 5. the said landing stage and bridge and the road leading thereto c- vii-form parts of a classified highway: And whereas in the year nineteen hundred and thirty-five the Council purchased from His Majesty's Principal Secretary of State for the War Department the pier and inclined landing known as Hobbs Point Pier at Pembroke Dock and the said landing with its approaches was in the year nineteen hundred and thirty-seven classified by the Minister of Transport as a Class 1 highway: And whereas for many years past passengers have been conveyed across Milford Haven between Neyland and Hobbs Point by boats and steamers but no franchise or exclusive right of carrying passengers animals or goods has ever been granted and no company body or person is under any obligation to maintain and work a ferry: And whereas the landing at Hobbs Point is not satisfactory for the embarkation and disembarkation of vehicles and passengers and it is expedient that the Council should be A 1 Ch. x. Pembrokeshire County 5 & 6 Geo. 6. Council Act, 1942. 23 &24 Geo. 5. c. 51. authorised to establish a ferry between Hobbs Point and Neyland and to construct the floating landing stage by this Act authorised and that the further powers contained in this Act in regard to the working of the said ferry should be conferred upon the Council: And whereas it.is expedient that the other provisions contained in this Act be enacted: And whereas the purposes of this Act cannot be effected without the authority of Parliament: And whereas estimates have been prepared by the Council for the purposes hereinafter mentioned and such estimates are as follows: £ For the construction of the floating landing stage authorised by this Act 39.500 And whereas the work included in such estimates is a permanent work and it is expedient that the Council should be empowered to borrow money as provided by this Act: And whereas in relation to the promotion of the bill for this Act the requirements of the Local Government Act 1933 so far as the same are applicable have been observed by the Council: And whereas a plan and section showing the lines and levels of the work authorised'by this Act and also a book of reference containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of the lands required or which may be taken for the purposes or under the powers of this Act were duly deposited with the clerk of the county council for the administrative county of Pembroke which plan section and book of reference are in this Act respectively referred to as the deposited plan section and book of reference: 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: Short title. Division of Act into Parts. Part I. Preliminary. This Act may be cited as the Pembrokeshire County Council Act 1942. This Act is divided into Parts as follows (that is to say): Part IPreliminary. Part IILands. 2 5 & 6 Geo. 6. Pembrokeshire County Ch. x. Council Act, 1942.. Part IIIHobbs Point Ferry. Part I. Part IVFinance and miscellaneous. 3. The following Acts (so far as the same are applicable incorporatioi- for the purposes and are not inconsistent with the provisions of Acts- of this Act) are hereby incorporated with this Act (namely): (1) The .Lands Clauses Acts with the following exception and modification (namely): {a) Section 127 of the-Lands Clauses Consolida- 8 & 9 Vict. tion Act 1845 is not incorporated with this Act; c. 18. (&) The bond required by section 85 of the Lands Clauses Consolidation Act 1845 shall be under the common seal of the Council and shall be sufficient without the addition of the sureties mentioned in that section: (2) The provisions of the Railways Clauses Consolidation 8 & 9 Vict. Act 1845 with respect to the temporary occupation of c. 20. land near the railway during the construction thereof and in such provisions for the purposes of this Act " the Railway " and " the work " means the works authorised by this Act and " the centre of the Railway '' means the centre of such works respectively: (3) The Harbours Docks and' Piers Clauses Act 1847 *o & 11 Vic except sections 12 to 19 inclusive and except the c- 27- provisions of that Act with respect to lifeboats and to keeping a tide and weather gauge and to buoys lighthouses and beacons and for the purposes of this Act the words " harbour " " dock " or " pier " wherever used in the said Harbours Docks and Piers Clauses Act 1847 shall be deemed to include (so far as applicable) the landing stage as hereinafter defined. 4. In this Act the following words and expressions have the interpretatic several meanings hereby assigned to them unless there be something in the subject or context repugnant to such con struction (that is to say): " The county " means the administrative county of Pembroke; " The Council " means the county council of the county; " The ferry " means the service of ferry boats authorised by this Act to be established; " The landing stage " means the floating landing stage by this Act authorised; " The clerk " means the clerk of the Council; A 2 3 Ch. x. Pembrokeshire County 5 & 6 Geo. 6. Council Act, 1942. part i. " The Minister " means the Minister of War Transport; cont. " Tne Order of 1929 " means the Pembrokeshire (Ney- land,Landing Stage) Order 1929 confirmed by the Pier and Harbour Orders Confirmation Act 1929; " The ferry undertaking " means the ferry and landing stage authorised by this Act and the works authorised by the Order of 1929 and the powers rights authorities and privileges by this Act conferred upon the Council in connection therewith; " The Act of 1933 " means the-Local Government Act 1933; " The Lands Clauses Acts " means the Lands Clauses 9 & 10 Geo. 5. Acts as modified by the Acquisition of Land (Assess- c 57- ment of Compensation) Act 1919; " The tribunal " means the arbitrator or other authority to whom any question of disputed purchase money or compensation under this Act is referred in pursuance of the Acquisition of Land (Assessment of Compensation) Act 1919; " Statutory borrowing power " means any power whether or not coupled with a duty of borrowing or continuing on loan or re-borrowing money or of redeeming or paying off or creating or continuing payment of or in respect of any annuity rentcharge rent or other security representing or granted in lieu of consideration money for the time being existing under any Act of Parliament public or local passed or to be passed or under any Provisional Order confirmed by Act of Parliament passed or to be passed or under any order or sanction of any government department made or given or to be made or given by authority of any Act of Parliament passed or to be passed but shall not include the power to borrow by way of temporary loan or overdraft which is conferred by paragraph (a) of subsection (1) of section 215 of the Act of 1933; " Statutory security " means any security in which trustees are for the time being by or under any Act of Parliament passed or to be passed authorised to invest trust money and any mortgage bond deben ture debenture stock stock or other security autho rised by or under any Act of Parliament passed or to be passed of any county council or municipal cor poration or other local authority as defined by 38 & 39 Vict. section 34 of the Local Loans Act 1875 but does not c 83* include annuities rentcharges or securities transfer- able by delivery or any securities of the Council. 4 5 & 6 Geo. 6. Pembrokeshire County Ch. x. Council Act,_ 1942. Part II. Lands. 5. Subject to the provisions of this Act the Council may Power to enter on take and use all or any of the lands delineated on the acquire lands. deposited plan and described in the deposited book of refer ence for the purposes of the work authorised by this Act or for other the purposes of this Act. The powers of the Council for the compulsory purchase Period for of lands under this Act shall cease after the expiration of three compulsory years from the thirty-first day of October nineteen hundred f^^ase of and forty-two. If there be any omission mis-statement or wrong descrip- Correction of tion of any lands or of the owners lessees or occupiers of any errors in lands shown on the deposited plan or specified in the deposited fnlTbook of"1 book of reference the Council after giving ten days' notice to reference. the owners lessees and occupiers of the lands in question may apply to two justices acting for the county of Pembroke for the correction thereof and if it appear to the justices that the omission mis-statement or wrong description arose from mistake fhey shall certify the same accordingly and they shall in their certificate state the particulars of the omission and in what respect any such matter is mis-stated or wrongly described and such certificate shall be deposited with...

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