Plymouth Extension Act 1950

Publication Date:January 01, 1950
 
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Plymouth Extension Act 1950

(14 Geo. 6) c. xlviii

An Act to extend the boundaries of the city of Plymouth and for other purposes.

[28th July 1950]

14 Geo. 6 Plymouth Extension Ch. xlviii Act, 1950 CHAPTER xlviii An Act to extend the boundaries of the city of Plymouth and for other purposes. [28th July 1950.] w HEREAS the city of Plymouth is a county borough under the government of the lord mayor aldermen and citizens of the city of Plymouth : And whereas the unrepealed provisions of the local Acts specified in Part I of the schedule to this Act and of the Orders specified in Part II of that schedule are in force in the city : And whereas the parishes of Bickleigh and Tamerton Foliot in the rural district of Plympton St. Mary are situated in the administrative county of Devon and adjoin the city : And whereas it is expedient to alter and extend the boundaries of the city so as to include therein parts of the parishes of Bickleigh and Tamerton Foliot : 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 in relation to the promotion of the Bill for this Act the requirements of Part XIII of the Local Government Act 23 & 24Geo. 5. 1933 have been observed : c- 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) : Preliminary 1.(1) This Act may be cited as the Plymouth Extension Short and Act 1950. collective titles. A2 1 Ch. xlvili Plymouth Extension 14 Geo. 6 Act, 1950 (2) The local Acts as defined in the next following section and this Act may together be cited as the Plymouth Corporation Acts 1914 to 1950. Interpretation. 2.(1) In this Act unless the subject or context otherwise requires " The Act of 1929 " and " the Act of 1933 " mean respec- 19 & 20 Geo. 5. tively the Local Government Act 1929 and the Local c 17. Government Act 1933 ; 1 &2 Geo. 6. "The Act of 1938" means the Plymouth Extension Act c.xli. 193g; " The added areas" means the added parts of Bickleigh and Tamerton Foliot; "The added part of Bickleigh" and "'the added part of Tamerton Foliot" mean respectively the part of the parish of Bickleigh and the part of the parish of Tamerton Foliot which are respectively included within the inner edge of the red line on the city map and " the excluded part of Bickleigh " and " the excluded part of Tamerton Foliot" mean respectively the remaining parts of those parishes ; " The appointed day " means the first day of April nineteen hundred and fifty-one; " The city " means before the appointed day the existing city of Plymouth and on and after the appointed day the city as extended by this Act; " The city map " means the map signed in triplicate by the Right Honourable the Earl of Drogheda the chairman of the committee of the House of Lords to which the Bill for this Act was referred one copy of which map has been deposited in the office of the Clerk of the Parliaments House of Lords one in the Private Bill Office of the House of Commons and one with the town clerk at his office ; " The Corporation " means the lord mayor aldermen and citizens of the city of Plymouth acting by the council; " The council " means the council of the city; " The county " means the administrative county of Devon and " the county council " means the county council of the county; " Existing " in relation to any area altered by this Act means existing immediately before the appointed day; "The existing parishes" means the parishes of Bickleigh and Tamerton Foliot; " The general rate fund " and s the general rate " mean respectively the general rate fund and the general rate of the city; 2 14 Geo. 6 Plymouth Extension Ch. xlviii Act, 1950 " The local Acts " means the local Acts specified in Part I of the schedule to this Act and the Orders.specified in Part II of that schedule and so much of the confirmation Acts specified in that Part as relates to those Orders; " The lord mayor " " the town clerk " and " the treasurer " mean respectively the lord mayor the town clerk and the treasurer of the city ; " The Minister " means the Minister of Health ; " The parish councils " means the parish councils of the parishes of Bickleigh and Tamerton Foliot; " The Plympton district" and " the Plympton Council" mean respectively the rural district of Plympton St. Mary and the rural district council of that district; " The Rating Act 1925 " means the Rating and Valuation 15 & 16 Geo. 5 Act 1925 ; c 90. " Revenues of the Corporation " includes all such funds rates contributions and revenues receivable by the Corporation as are mentioned in section 218 of the Act of 1933. (2) Any reference in this Act to any enactment shall be construed as a reference to that enactment as applied extended m amended or varied by or by virtue of any subsequent enactment including this Act. 3.(1) Copies of the city map certified by the town clerk to City map be true shall be sent by him as soon as may be after the passing of this Act to the clerk of the county council to the clerk of the Plympton (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 Ministers of Health Transport Agriculture and Fisheries Fuel and Power and Town and Country Planning respectively to the Postmaster-General and to the Boundary Commission for England. Copies of or extracts from the city map certified by the town clerk to be true shall be received in all courts of justice and elsewhere as prima facie evidence of the contents of such map so far as it relates to the boundary of any area altered by this Act. The city map shall at all reasonable times be open to inspection by any person liable to any rate leviable within the city and any such person shall be entitled to a copy of or extract from such map certified by the town clerk to be true on payment of a reasonable fee to be determined by the Corporation. All fees so received shall be carried to the general rate fund. A3 3 Ch. xlviu Plymouth Extension Act, 1950 14 Geo. 6 Commencement of Act. 4. Save as otherwise expressly provided and except so far as there may be anything in the subject-matter or context inconsistent therewith this Act shall come into operation on the appointed day: Provided that for the purposes of {a) the compilation alteration or rearrangement of any register of electors made under the Representation of the People Acts ; (b) the qualification of candidates for election on or after the appointed day to the office of alderman or councillor of the city; (c) any election to be held on or after the appointed day for any area affected by this Act and all proceedings preliminary or relating thereto ; an4 (d) the preparation of any precept or contribution order to be issued or made in respect of any period commencing on or after the appointed day ; this Act shall operate from the date of its passing. Extension of city. Extension of parish of Plymouth. Alteration of parishes. Existing lord mayor aldermen and councillors. Extension of city 5.(1) The boundary of the existing city the area whereof is included within the outer edge of the blue line on the city map shall be altered so as to include in addition to that area so. much of the Plympton district as comprises the added parts of Bickleigh and Tamerton Foliot. (2) The boundary of the city shall be that shown by the inner edge of the red line on the city map and the whole of the area within that boundary shall for all purposes be the city and the county borough of Plymouth. The added areas shall be added to and form part of the parish of Plymouth. The excluded part, of Bickleigh and the excluded part of Tamerton Foliot shall be amalgamated so as to form the parish of Bickleigh. The persons who hold office immediately before the appointed day as lord mayor aldermen and councillors of the existing city shall on the appointed day become the lord mayor aldermen and councillors of the city but shall respectively retire from office on the day on which they would have retired from office if this Act had not been passed. Number of councillors and aldermen 9. The number of councillors of the city from fifty-seven to sixty and the number of increased from nineteen to twenty. 4 shall be increased aldermen shall be 14 Geo. 6 Plymouth Extension Ch. xlviii Act, 1950 10. Subject to the provisions of the Act of 1933 with respect Municipal to the alteration of the boundaries of wards the following provi- wards. sions shall have effect: (1) For the purposes of the election of councillors the city shall be divided into twenty wards and save as provided by this section the wards of the -existing city shall remain unaltered and shall be wards of the city: (2) The added part of Bickleigh and so much of the existing Ernesettle Ward of the city as lies to the east of an imaginary line commencing at the junction of Ham Lane and Little Dock Lane thence in a northerly direction along the centre line of Little Dock Lane to its junction with Crownhill Road thence generally northward along the centre line of Ringmore Way to its junction with Woodland Wood and thence along the centre line of the existing footpath to the existing city boundary shall be included in the Crownhill Ward of the city and the councillors representing the Crownhill Ward immediately before the appointed day shall on and after that day represent the ward as altered by this section but shall respectively retire from office on the day on which they would have retired from office if this Act had not been passed: (3) The added part of Tamerton Foliot shall be constituted and form a new ward of the city to be called " the Tamerton Ward" and three councillors shall be...

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