Perth Corporation Order Confirmation Act 1936

Publication Date:January 01, 1936
 
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Perth Corporation Order Confirmation Act 1936

(26 Geo. 5 & 1 Edw. 8) c. vii

An Act to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Acts 1899 and 1933 relating to Perth Corporation.

[19th March 1936]

[26 Geo. 5. & Perth Corporation [Ch. vii.] 1 Bdw. 8.] Order Confirmation Act, 1936, CHAPTER vii. An Act to confirm a Provisional Order under the A.D. 1936. Private Legislation Procedure (Scotland) Acts 1899 and 1933 relating to Perth Corporation. [19th March 1936.] W HEREAS a Provisional Order relating to Perth Corporation has been made by one of His Majesty's Principal Secretaries of State under the provisions of the Private Legislation Procedure (Scotland) Acts 1899 62 & 63 Vict. and 1933 as read with the Secretaries of State Act 1926 c- 47- and it is expedient that the said Order should subject ~, _ to amendment be confirmed by Parliament: 16 & 17 Be it therefore enacted by the King's most Excellent Geo- 5- c-18-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 Provisional Order so made which as amended Confirmation is set forth in the schedule hereunto annexed is hereby cheaMe.m confirmed. This Act may be cited as the Perth Corporation Short title. Order Confirmation Act 1936. [Price 2s. Od. Net] A 1 [Ch.vii.] Perth Corporation [26 Geo.? 5: & Order Confirmation Act, 1936. 1 Ebw. 8.]: A.D.J936. SCHEDULE. PERTH CORPORATION. Provisional Order to extend the boundaries of the city and royal burgh of Perth to authorise the establishment of a burgh fund to authorise certain street works to empower the creation of redeemable stock and for other purposes. WHEREAS the lord provost magistrates and councillors of the city and royal burgh of Perth (hereinafter called "the Corporation", and" the burgh " respectively) are vested.with the municipal and police administration of the burgh and are the local authority within the burgh under the Public Health (Scotland) Acts 1897 to 1907 and also the local authority under the Housing (Scotland) Acts 1925 and 1930 and subsequent Housing Acts and also the road authority within the burgh : And whereas the boundaries of the burgh were last, extended by the Perth Corporation Order 1908 : And whereas since the confirmation of the said Order the population of the burgh has increased and there has been considerable building development within the burgh and lands available for the erection of dwelling-houses within the burgh have become very limited and it is necessary to arrange for the erection of houses on lands outwith the burgh boundaries for the accommodation of persons employed in the burgh : And whereas lands situate within the districts proposed to be added to the burgh (hereinafter referred to as " the districts annexed "?) will be required for such purposes and it is expedient that such lands should be included within the boundaries of the burgh : And whereas persons engaged in business or employed in the burgh reside in various parts of the districts annexed and persons engaged in business or employed in the districts annexed reside in the burgh : 2 [26 Geo. 5. & Perth Corporation [Ch. vii.] 1 Edw. 8.] Order Confirmation Act, 1936. And whereas the districts annexed are supplied with A;D. 1936, gas and water by the Corporation and certain parts of the said districts are supplied with electricity and with drainage facilities and other communal services by the Corporation: And whereas there are situated in the districts annexed certain properties belonging to the Corporation and it is expedient that such properties should be included within the boundaries of the burgh : And whereas it is expedient that the municipal and police boundaries of the burgh should be extended so as to comprise and include the districts annexed all as shown on the map hereinafter mentioned and that all franchises rights privileges and immunities of the burgh and the powers jurisdictions authorities and privileges of the Corporation should extend over and apply to the lands and territory comprised in the districts annexed and the inhabitants thereof and that the provisions of all public and general and local and personal Acts and Orders relating to of in force for the time being within or applicable to the burgh should as the same are amended by this Order be made applicable to the burgh as extended by this Order: And whereas it is expedient that the , districts annexed should be added to the existing Wards of the burgh : And whereas it is expedient that the limits of the Perth Water Acts 1877 to 1926 for the purposes of water supply and the limits of those Acts for the compulsory supply of water by the Corporation and the area of supply by the Corporation of electrical energy under the Perth Electric Lighting Order 1898 should be extended as by this Order provided; And whereas it is expedient and would be to local and public advantage that the Corporation should be authorised to take over certain streets as public streets and to acquire certain properties for street widenings and to make and maintain such widenings and improvements of streets all hereinafter in this Ord^r described: And whereas the Corporation are the owners of the gas undertaking the electricity undertaking the harbour undertaking the water undertaking and the transport undertaking within the burgh: A 2 3 [Ch. Vii.] Perth Corporation [26 Geo. 5. & Order Confirmation Act, 1936. 1 Edw. 8.] A.DI 1936. And whereas it is expedient that further and better provision should be made with reference to the finances of the burgh and the application of revenue from the said undertakings that the powers of the Corporation in relation thereto should be enlarged and extended and that the Corporation should be authorised to issue redeemable stock: And whereas it is expedient that the Corporation should be authorised to borrow and raise money for the purposes of this Order and to levy rates and assessments : And whereas estimates have been prepared by the Corporation for and in relation to the purposes hereinafter mentioned in respect of which they are by this Order authorised to borrow money and such estimates are as follows : For the purchase of lands and properties £ for widenings and improvements of streets 5,610 For widenings and improvements of streets 730 And whereas the several works included in such estimates respectively are permanent works and it is expedient that the cost thereof should be spread over a term of years: And whereas it is expedient that the further powers and provisions hereinafter in this Order contained should be conferred and made as by this Order provided: And whereas plans and sections showing the lines situations and levels of the several works authorised by this Order and the lands proposed to be taken for the purposes thereof and also a book of reference to such plans containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of the lands houses and other property required or which may be taken for the purposes or under the powers of this Order were duly deposited with the sheriff clerk of Perthshire at his office in Perth and are hereinafter respectively referred to as the deposited plans sections and book of reference : And whereas the purposes aforesaid cannot be effected without an Order confirmed by Parliament under the provisions of the Private Legislation Procedure (Scotland) Acts 1899 and 1933 : 4 [26 Geo. 5. & Perth Corporation [Ch. vii.] 1 Edw. 8.] Order Confirmation Act, 1936. Now therefore in pursuance of the powers contained AD. 1936. in the last mentioned Acts as read with the Secretaries of State Act 1926 the Secretary of State orders as follows: Short title and citation of Acts. 1. This Order may be cited for all purposes as the Perth Corporation Order 1935. The Perth Water Acts 1877 to 1926 and this Order so far as relating to water and water purposes may be cited together as the Perth Water Acts 1877 to 1935. The Perth Gas Acts 1871 to 1921 and this Order so far as relating to gas and gas purposes may be cited together as the Perth Gas Acts 1871 to 1935. The Perth Electric Lighting Order 1898 and this Order so far as relating to the supply of electricity may be cited together as the Perth Electricity Orders 1898 and 1935. 2. This Order shall (except as otherwise in this Commence- Order provided) commence and have effect on and from men* f the date of the passing of the Act confirming the same 0rder- which date is hereinafter in this Order referred to as " the commencement of this Order." Division of Order into Parts. 3. This Order is divided into Parts as follows: Part I.Preliminary. Part II.Boundaries extension. Part III.Corporation stock. Part IV.Works and lands. Part V.Financial. Part VI.Miscellaneous. Part I. Preliminary. Incorporation of Acts 4. The Lands Clauses Acts are so far as the same are applicable for the purposes and are not varied by or inconsistent with the provisions of this Order incorporated with and form part of this Order. This Order shall be deemed to be a special Act within the meaning of those Acts. 5. In this Order terms and words or expressions to Interpre- which meanings are assigned by the Lands Clauses Acts tation. shall subject to the provisions of this Order have the A3 5 [Oh. vii.] Perth Corporation [26 Geo. 5. & Order Confirmation Act, 1936. LEdw. 8.] A.D; 1936, same respective meanings unless there be something in the subject or context repugnant to such construction Further the following words and expressions shall have the several meanings by this section assigned to them unless there be something in the subject of context inconsistent with or repugnant to such construction (.that is to say):- " Assessor " means the assessor and the registration officer of the existing burgh or of the burgh as the case may be acting under the Valuation Acts and the Election Acts; "...

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