Wiltshire County Council Act 1970

JurisdictionEngland & Wales
Citation1970 c. lxxxv
Wiltshire County Council Act 1970
c. lxxxv 1
ELIZABETH H
1970 CHAPTER lxxx?
An Act to confer further powers on the Wiltshire County
Council and local authorities in the administrative
county of Wilts in relation to lands and highways and
the local government, improvement and finances
of the county; to make further provision for the
superannuation of employees; and for other purposes.
[17th December 1970]
W
HEREAS it is expedient that further and better provision
should be made with reference to lands and highways and
for the local government, improvement and finances of the
administrative county of
Wilts
and that the powers of
the
county
council of that administrative county (hereinafter referred to as
" the Council") and of the local authorities within that adminis-
trative county should be enlarged and extended as by this Act
provided:
And whereas it is expedient to make further provision for the
superannuation of officers and servants of the Council and local
authorities and of persons who contribute to the superannuation
funds of the Council and local authorities and for the benefit of
their dependants and to amend the enactments relating thereto:
And
whereas
it
is
expedient that the other provisions in this Act
should be enacted:
I
clxxxv
Wiltshire
County
Cornell Act1970
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,
1933
c.
51.
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
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
PRHJMINARY
1. This
Act
may
be
cited
as the
Wiltshire County Council
Act 1970.
2.
This Act
is
divided into Parts as follows:
Part L—Preliminary.
Part II.—Highways.
Part III.—Finance.
Part IV.—Superannuation.
Part V.—Miscellaneous.
Part VI.—General.
3.—(1)
In this Act the several words and expressions to which
meanings are assigned by sections 294 and 295 of the Act
of
1959
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
1933
"
means the Local Government Act, 1933;
" the Act
of
1936
"
means the Public Health Act, 1936;
"the
Act of
1937" means
the
Local GovernmentSuper-
annuation Act, 1937;
" the Act
of
1959
"
means the Highways Act, 1959;
" the Act of
1961"
means the Trustee Investments Act, 1961;
Short title.
Division of
Act into
Parts.
Interpretation.
1936
C.
1937
c.
1959
c.
1961
c.
49.
68.
25.
62.
Wiltshire County Council
Act
1970
c. hecxy 3
" authorised security " means any mortgage, stock, bond or
PART
I
other security which the Council are for the time being —ctmt.
authorised to grant, create or issue, or upon or by means
of which the Council are for the time being authorised
to raise money;
" the Council" means the county council of the county;
" the county " means the administrative county of Wilts;
" the county fund " means the county fund of the county;
" district" means a borough or an urban or rural district
in the county;
" highway authority " means
(a) in the case of a trunk road, the Secretary of
State or, with his consent, the authority who are for
the time being acting as his agent under the Act of
1959 with respect to that trunk road;
(b) in the case of a county road in the county,
except for a claimed road, and in the case of
any
other
highway for the time being maintained by the Council,
the Council; and
(c) in the case of any other highway the local
authority for the district in which the highway is
situate;
" local authority " means the council of a district;
"magistrates' court" has the same meaning as in the
Magistrates' Courts Act, 1952;
1952 &
55.
" the New Sarum Corporation " means the mayor, aldermen
and citizens of the city of
New
Sarum;
"officer" includes servant;
" open space " has the same meaning as in the Open Spaces
Act, 1906;
1906
c.
25.
" operational land " means, in relation to statutory under-
takers, land which is used for the purpose of
the
carrying
on of their undertakings 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;
" parish council" means the parish council of a rural parish
in the county or where there is no parish council the
parish meeting of such parish;
rural district" means a rural district in the county;

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