Torbay Corporation Act 1971

Publication Date:January 01, 1971
 
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Torbay Corporation Act 1971

1971 c. xxxiii

An Act to re-enact with amendments and to extend certain local enactments in force in the county borough of Torbay; to make better provision for the health, local government, improvement and finances of that borough; to confer further powers upon the mayor, aldermen and burgesses of that borough; and for other purposes.

[14th July 1971]

Torbay Corporation Act 1971 1 ELIZABETH II 1971 CHAPTER xxxiii An Act to re-enact with amendments and to extend certain local enactments in force in the county borough of Torbay; to make better provision for the health, local government, improvement and finances of that borough; to confer further powers upon the mayor, aldermen and burgesses of that borough; and for other purposes. [14th July 1971] 7HEREAS (1) By virtue of the Torbay Order 1966 (hereinafter referred to S.I. 1967/136. as " the Order of 1966 ") the county borough of Torbay was constituted on the 1st April, 1968, so as to consist of an area shown by a continuous red line on the boundary map referred to in article 4 of the Order of 1966 and being (a) the greater part of the area of the borough of Torquay; c. xxxiii Torbay Corporation Act 1971 (b) the greater part of the area of the urban district of Paignton and part of the area of the urban district of Brixham; and (c) parts of the parishes of Coffins well and Kerswell in the rural district of Newton Abbot and parts of the parishes of Churston Ferrers and Marldon in the rural district of Totnes; as they existed immediately before the 1st April, 1968: Numerous local enactments were in force in parts of the said area and by article 40 of the Order of 1966 it was provided that the provisions of any such enactments should continue to apply to those parts of that area except that certain specified enactments were extended to apply to the whole of the county borough of Torbay as constituted by the Order of 1966 (hereinafter referred to as " the borough "): It was further provided by the said article" 40 that all the said local enactments should on the 31st December, 1971, cease to have effect: It is expedient that certain of the said enactments should be re-enacted with amendments and applied to the whole of the borough: It is expedient at the same time to extend and enlarge in various respects the powers of the mayor, aldermen and burgesses of the borough (hereinafter referred to as " the Corporation ") and to make better provision in regard to the health, local government, improvement and finances of the borough: It is expedient that the Torquay Cemetery Company should be empowered to transfer their undertaking to the Corporation and that the Corporation should be empowered to purchase the undertaking by agreement: It is expedient that the other provisions contained in this Act should be enacted: The provisions of this Act cannot be effected without the authority of Parliament: (9) In relation to the promotion of the Bill for this Act the 1933 c. 51. requirements of Part XIII of the Local Government Act 1933 have been observed: May it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen's most Excellent Majesty, by and Torbay Corporation Act 1971 c. xxxiii 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: Part I Preliminary 1. This Act may be cited as the Torbay Corporation Act 1971. Short title. 2.(1) Save as otherwise expressly provided, the provisions of Commence- this Act shall come into force on 1st September, 1971. ment of Act- (2) As from the passing of this Act the provisions set out in Schedule 1 to this Act shall come into force. 3. This Act is divided into Parts as follows: Division of Part I.Preliminary. Parts. Part II.Lands. Part III.Streets. Part IV.Public health. Part V.Public order and safety. Part VI.Fire precautions. Part VII.Control of clubs and cafes. Part VIII.Hackney carriages, etc. Part IX.Finance. Part X.Superannuation. Part XI.Management. Part XII.General. 4.(1) In this Act the several words and expressions to which Interpretation. meanings are assigned by section 343 of the Act of 1936 have the same respective meanings unless there be something in the subject or context repugnant to such construction. (2) In this Act unless otherwise expressly enacted or unless the subject or context otherwise requires the following expressions have the meanings hereby respectively assigned to them: " the Act of 1847 " means the Town Police Clauses Act 1847; 1847 c. 89. " the Act of 1933 " means the Local Government Act 1933; 1933 c. 51. " the Act of 1936 " means the Public Health Act 1936; 1936 c. 49. c. xxxiii Torbay Corporation Act 1971 Part I " the Act of 1946 " means the Acquisition of Land (Authorisa- ~conL tion Procedure) Act 1946; 1946 c. 49. 1957 c. 56. " the Act of 1957 " means the Housing Act 1957; c. 25. " the Act of 1959 " means the Highways Act 1959; c. 16. " the Act of 1960 " means the Road Traffic Act 1960; c. 33. "the Act of 1961 " means the Land Compensation Act 1961; " the Act of 1962 " means the Town and Country Planning 1962 c. 38. Act 1962; " the Act of 1965 " means the Compulsory Purchase Act 1965 c. 56. 1965; " the Act of 1967 " means the Road Traffic Regulation Act c. 76. 1967 as printed pursuant to section 133 of the Transport c. 73. Act 1968; " apparatus " has the meaning assigned to it by section 167 (For protection of certain statutory undertakers) of this Act; *' the appointed day " has the meaning assigned to it by section 151 (The appointed day) of this Act; " the borough " means the county borough of Torbay; " bulk refuse container " means a container of not less than one cubic yard nominal capacity, designed or adapted to be emptied of refuse by mechanical means into a refuse vehicle of the Corporation; ** contravention " includes a failure to comply and " contravene " shall be construed accordingly; " the Corporation" means the mayor, aldermen and burgesses of the borough acting by the council; " the council " means the council of the borough; " the electricity board " means the South Western Electricity Board; " enactment" includes an enactment in this Act or in any general or local Act and any orders, byelaws, scheme or regulations for the time being in force within the borough; " existing enactments " means the local enactments which are repealed by section 160 (Repeals) of this Act; " the gas board " means the South Western Gas Board; Tor bay Corporation Act 1971 c. xxxiii " the generating board " means the Central Electricity Part I Generating Board; com. " land " includes buildings, land covered by water and any rights over land; " magistrates' court" has the same meaning as in the Magistrates' Courts Act 1952; 1952 c. 55 " operational land" in relation to statutory undertakers other than the Post Office means land which is used for the purpose of the carrying on of their undertaking and land in which an interest is held for that purpose, not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings and, in relation to the Post Office, has the same meaning as in paragraph 93 (4) of Schedule 4 to the Post Office Act 1969; 1969 c. 48. " public service vehicle" has the same meaning as in section 117 of the Act of 1960; "the river authority" means the Devon River Authority; " seashore " includes any bank, barrier, dune, beach, flat or other land adjacent to the foreshore; " the statutory undertakers " means the electricity board, the gas board, the Gas Council, the generating board, the water undertakers and the Post Office or any of them as the case may be; " street" includes any highway, including a highway over a bridge, and any road, lane, footpath, footway, square, court, alley or passage whether a thoroughfare or not, and includes any part of a street; " telegraphic line " has the same meaning as in the Telegraph Act 1878; 1878 c. 76. " town clerk " means the town clerk of the borough; " the water undertakers " means the South West Devon Water Board. (3) Any reference in this Act to any enactment shall be construed as a reference to that enactment as applied, extended, amended or varied by or by virtue of any subsequent enactment, including this Act. 6 c. xxxiii Torbay Corporation Act 1971 Part I cont. Application of Part I of Act of 1965. 5.(1) Part I of the Act of 1965 (except section 4, section 24 (5), section 27 and paragraph 3 (3) of Schedule 3 thereof), in so far as it is applicable for the purposes of this Act and is not inconsistent with the provisions thereof, shall apply to the compulsory acquisition of land under this Act as it applies to a compulsory purchase to which Schedule 1 to the Act of 1946 applies and as if this Act were a compulsory purchase order under the Act of 1946. 1845 c. 18. (2) The Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under this Act. Part II Lands A. Acquisition of cemetery undertaking Interpretation 6. In this and the two following sections of this Part of this of this Part Act of Act. " the company " means the Torquay Cemetery Company or such company as is registered by the Torquay Cemetery 1948 c. 38. Company under Part VIII of the Companies Act 1948; " the date of transfer " means the date on which the undertaking is transferred to the Corporation pursuant to section 7 (Purchase by Corporation of undertaking) of this Act; " the undertaking " means the undertaking of the company as existing on the date of transfer including the cemetery, crematorium and all lands buildings, premises, apparatus, furniture, fittings, working stock and monuments then belonging to the company; all policies of insurance, investments, securities, book debts, bank balances and cash then in the hands of the company...

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