Stirling Burgh Order Confirmation Act 1939

Publication Date:January 01, 1939
 
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Stirling Burgh Order Confirmation Act 1939

(2 & 3 Geo. 6) c. lxx

An Act to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Act 1936 relating to Stirling Burgh.

[28th July 1939]

2 & 3 Gio. 6. Stirling Burgh Oh. lxx. Order Confirmation Act, 1939. CHAPTER lxx. An Act to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Act 1936 relating to Stirling Burgh. [28th July 1939.] W HEREAS the Provisional Order set forth in the schedule hereunto annexed has after inquiry held before Commissioners been made by the Secretary of State under the provisions of the Private Legislation 26 Geo. 5. & Procedure (Scotland) Act 1936 and it is requisite that l Edw- 8- the said Order should be confirmed by Parliament: C- 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 Provisional Order contained in the schedule Confirmation hereunto annexed is hereby confirmed. SSto. This Act may be cited as the Stirling Burgh Short title. Order Confirmation Act 1939. A 1 Ch. lxx. Stirling Burgh 2 & 3 Geo. 6. Order Confirmation Act, 1939. SCHEDULE. STIRLING BURGH. Provisional Order to extend the boundaries of the burgh of Stirling to empower the provost magistrates and councillors of the burgh to construct works to transfer the undertakings of the Stirling Waterworks Commissioners and the Custodiers of the Wallace Monument to the said provost magistrates and councillors and to confer further powers upon them with respect to the said undertakings to confer powers upon them in respect of personal weighing machines to make provision with respect to the local government health and finance of the burgh to authorise the said provost magistrates and councillors to borrow money and for other purposes. WHEREAS the provost magistrates and councillors of the burgh of Stirling (hereinafter referred to as " the Corporation ") are the municipal and local authority for the burgh of Stirling in the county of Stirling and are charged with the management and administration thereof: And whereas the lands available for the erection of dwelling-houses within the existing burgh are limited and it is necessary to provide for the erection of houses on lands outwith the boundaries thereof for the accommodation of persons employed therein and additional lands will be required for such purposes : And whereas the area described in the First Schedule to this Order (hereinafter referred to as " the added area ") includes lands suitable for housing development and there are also within the added area certain developed areas adjoining the burgh which with the burgh form a common centre of population and between which and the burgh there is community of interest: And whereas considerable portions of the added area are drained into the sewage system of the Corporation: 2 2 & 3 Geo. 6. Stirling Burgh Ch. lxx. Order Confirmation Ad, 1939. And whereas the added area is situated in the county of Stirling and immediately adjoins the existing burgh and in the greater portion of its extent is supplied with water by the Stirling Waterworks Commissioners: And whereas it is expedient and would he for public and local advantage that the boundaries of the existing burgh should be extended and should include the added area as by this Order provided and that all franchises rights privileges and immunities of and pertaining to the existing burgh and the powers and jurisdictions of the Corporation and all other powers and jurisdictions applicable within the existing burgh should as by this Order provided be extended to and be applicable within the burgh as extended by this Order and to the inhabitants thereof: And whereas it is expedient that subject to the provisions of this Order the added area should be separated and disjoined for the purposes of this Order from the county of Stirling and that subject to the provisions of the Local Government (Scotland) Act 1929 and of this Order 19 & 20 all matters of administration and management and all Geo. 5. c. 25. jurisdictions powers functions and authorities within the added area should devolve upon and be vested in the Corporation : And whereas it is expedient that the wards of the burgh should be altered and provision made for the election of town councillors as in this Order provided : And whereas it is expedient to authorise the Corporation to divert a portion of the Town Burn and to carry out works and to purchase the lands required therefor as in this Order provided: And whereas under the Stirhng Waterworks Act 11 & 12 Vict. 1848 the Stirling Waterworks Commissioners (herein- c- V1U-after referred to as " the water commissioners ") were created and incorporated for the purpose of supplying water to the burgh and the suburbs thereof: And whereas the water commissioners consist of the provost of the burgh six members of the Corporation and six members elected by the municipal electors of the burgh: A2 3 Ch. 1XX. Stirling Burgh 2 & 3 Geo. 6. Order Confirmation Act, 1939. And whereas it is expedient and would be for public and local advantage that the water commissioners should be dissolved and that the undertaking property rights powers duties authorities jurisdictions habihties and obligations of the water commissioners should be transferred to vested in and imposed on the Corporation and that the Corporation should be authorised to exercise subject to the provisions of this Order all such rights powers duties authorities and jurisdictions now exercised* or exerciseable by the water commissioners : And whereas at a special meeting of the water commissioners held on the twenty-seventh day of January one thousand nine hundred and thirty-eight (at which the whole number of commissioners were present) a resolution was unanimously passed approving the transfer of their undertaking to the Corporation: And whereas it is expedient that the limits for the compulsory supply of water by the Corporation should be extended as provided by this Order and that the further powers in this Order contained should be conferred upon the Corporation in relation to their water undertaking: And whereas it is expedient and would be for public and local advantage that the custodiers of the National Wallace Monument (hereinafter referred to as " the custodiers ") should be dissolved and that the undertaking property rights powers duties authorities jurisdictions liabilities and obligations of the custodiers should be transferred to and vested in and imposed on the Corporation and that the Corporation should be authorised to exercise subject to the provisions of this Order all such rights powers duties authorities and jurisdictions now exercised or exerciseable by the custodiers: And whereas at a special meeting of the custodiers held on the twenty-sixth day of February one thousand nine hundred and thirty-eight a resolution was unanimously passed approving the transfer of their undertaking to the Corporation: And whereas such of the custodiers as were absent from the said meeting have (with the exception of one) approved in writing of the said transfer: 4 2 & 3 Geo. 6. Stirling Burgh Ch. lxx. Order Confirmation Ad, 1939. And whereas it is expedient that the further powers in this Order contained should be conferred upon the Corporation in relation to the undertaking of the custodiers transferred to the Corporation: And whereas it is expedient that further provision should be made with reference to personal weighing machines the removal and disposal of refuse and the local government and health of the burgh: And whereas it is expedient that the Corporation should be authorised to borrow money for the purposes in this Order mentioned : 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 : £ Purchase of lands servitudes and rights 1,550 Aqueduct conduit or line or lines of pipes (Work No. 1) - - - - 2,000 Filters 4,000 Fire hydrants (replacing valves &c.) - 3,500 Chlorination plant 500 Mains and services .... 28,000 And whereas the works included in such estimates are permanent works and it is expedient that the cost thereof should be spread over a term of years: And whereas it is expedient to make further provision with regard to the finances of the Corporation : And whereas it is expedient that the further provisions contained in this Order should be enacted: And whereas plans and sections showing the lines and levels of the works authorised by this Order with 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 and other property required or which may be taken for the purposes or under the powers of this Order have been deposited with the sheriff clerk of the county of Stirling and such plans sections and book of reference are in this Order respectively referred to as the deposited plans sections and book of reference : A3 5 Ch. lxx. Stirling Burgh, 2 & 3 Geo. 6. Order Confirmation Act, 1939. And whereas the purposes aforesaid cannot be effected without an Order confirmed by Parliament under the provisions of the Private Legislation Procedure (Scotland) Act 1936: Now therefore in pursuance of the powers contained in the last-mentioned Act the Secretary of State orders as follows: n. Short title and citation. I Edw. 7. c. clxxxv. II & 12 Geo. 5. c. cxi. 12 & 13 Geo. 5. c Commencement of Order. Part I. PRELIMINARY. 1. This Order may be cited as the Stirling Burgh Order 1939. The Stirling Waterworks Acts 1848 to 1893 the Stirling Corporation Order 1901 the Grangemouth and Stirling Water Order 1921 the Stirling Corporation (Water &c.) Order 1922 and the Grangemouth and Stirling...

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