Birkenhead Corporation (Mersey Tunnel Approaches) Act 1965
| Jurisdiction | UK Non-devolved |
| Citation | 1965 c. xxxviii |
Birkenhead Corporation
CH.
xxxviii 1
(Mersey Tunnel Approaches)
Act
1965
ELIZABETH H
1965 CHAPTER xxxviii
An Act to provide for the improvement of the approaches
to the Mersey Tunnel in the county borough of
Birkenhead by the construction of street works and
otherwise; to authorise the mayor, aldermen and
burgesses of the county borough to purchase lands
compulsorily; to confer further powers on the said
mayor, aldermen and burgesses; and for other purposes.
[5th August 1965]
1I7HEREAS—
u (1) The borough of Birkenhead (hereinafter referred to as
"
the
borough ") is a county borough under the management and
local government of the mayor, aldermen and burgesses of the
borough (hereinafter referred to as "the Corporation"):
(2) In pursuance of the Mersey Tunnel Acts, 1925 to 1933, a
tunnel (hereinafter referred to as " the tunnel") was constructed
by
the lord mayor, aldermen and citizens of the city of Liverpool
and the Corporation under the river Mersey between the city of
Liverpool and the borough:
. (3) The volume of vehicular traffic using the tunnel has
increased and continues to increase and has resulted in very
considerable traffic congestion in the streets forming the
approaches to the tunnel in the borough:
(4) In order to relieve such congestion it is expedient to
empower the Corporation to make and maintain the works
2
CH.
xxxviii
Birkenhead Corporation
(Mersey Tunnel Approaches)
Act
1965
described in this Act and in connection therewith to provide
areas for the marshalling of vehicles using or intending to use
the tunnel:
(5) It is expedient to confer on the Corporation powers relative
to the purchase and use of lands and easements for the several
purposes mentioned in this Act:
(6) It is expedient that the other provisions contained in this
Act be enacted:
(7) Estimates have been prepared by the Corporation for and
in connection with the following purposes:— £
(a) the construction of the works authorised
by this Act 2,114,000
(b) the provision of areas for the marshalling
of vehicles using or intending to use the
tunnel 148,000:
(8) The works included in such estimates are permanent
works and it is expedient that the Corporation be empowered
to borrow money for those purposes as provided by this Act:
(9) The purposes of this Act cannot be effected without the
authority of Parliament:
(10) In relation to the promotion of the Bill for this Act the
c
51.
requirements of Part XIII of the Local Government Act, 1933,
have been observed:
(11) Plans and sections, showing the lines and levels of the
works authorised by this Act and showing the lands required or
which may be taken for the purposes or under the powers of this
Act, and also a book of reference containing the names of owners
and lessees, or reputed owners and lessees, and of the occupiers
of those lands, were in the month of March, 1965, deposited in
the office of the Clerk of the Parliaments and in the Private Bill
Office, House of Commons, and with the town clerk of the
borough which plans, sections and book of reference are in this
Act referred to respectively as the deposited plans, sections and
book of reference:
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, that is to say:—
PART I
PRELIMINARY
Short title. 1. This Act may be cited as the Birkenhead Corporation
(Mersey Tunnel Approaches) Act 1965.
Birkenhead Corporation
CH.
xxxviii 3
(Mersey Tunnel Approaches)
Act
1965
2.
This Act is divided into Parts as follows:— PART I
Part I—Preliminary. —com
„ , „ T ,
Division
of
Part n.—Lands. Actint0
Part
III.—Works.
Parts.
Part IV.—Finance and miscellaneous.
3.—(1)
In this Act unless otherwise expressly enacted or unless Interpretation.
the subject or context otherwise requires the several words and
expressions to which meanings are assigned by section 295 of
the Highways Act, 1959, have the same respective meanings, c. 25.
(2) In this Act unless the subject or context otherwise requires
the several words and expressions to which meanings are assigned
by the Acts wholly or partially incorporated herewith have the
same respective meanings and—
"the Act of 1933" means the Local Government Act, c.
51.
1933;
"the borough" means the county borough of Birkenhead;
" the Corporation" means the mayor, aldermen and
burgesses of the borough acting by the council of the
borough;
" enactment" includes an enactment in this Act or in any
public, general or local Act and any order, byelaw or
regulation for the time being in force;
" house " has the same meaning as in section 343 of the
Public Health Act, 1936; c.49
" the Joint Committee " means the Mersey Tunnel Joint
Committee incorporated by the Mersey Tunnel Act,
1925;
c. ex.
" land " includes any interest in land and any easement or
right in, to, under or over land;
" the Lands Clauses Acts " means the Lands Clauses Acts as
modified by the Lands Tribunal Act, 1949, and by the
c.
42.
Land Compensation Act, 1961; c. 33.
"the limits of deviation" means the limits of deviation
shown on the deposited plans;
" marshalling area " means an area provided in pursuance
of section 32 (Provision of marshalling areas) of this
Act for the marshalling of vehicles using or intending
to use the tunnel;
" the Minister " means the Minister of Transport;
" relocation of population or industry " has, in relation to
lands which may be acquired under this Act, the meaning
assigned to that term in section 221 of the Town and
Country Planning Act, 1962, in relation to an area of
c.
38.
obsolete development;
" reserved area " means any area for the time being set apart
in or adjacent to the works or marshalling areas for
dividing lines of traffic or for separating footway and
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