Edinburgh Provisional Order Confirmation Act 1867

JurisdictionUK Non-devolved
Citation1867 c. 58,30 & 31 Vict. c. 58
Year1867


Edinburgh Provisional Order Confirmation Act, 1867

(30 & 31 Vict.) C A P. LVIII.

An Act to confirm a Provisional Order under the General Police and Improvement (Scotland ) Act, 1862, relating to the City of Edinburgh .

[15th July 1867]

Whereas the Secretary of State for the Home Department, being One of Her Majesty's Principal Secretaries of State, has, under the Provisions of the General Police and Improvement (Scotland ) Act, 1862 (25 & 26 Vict. Cap. 101.), duly made a Provisional Order, which is contained in the Schedule to this Act annexed; and it is provided by the recited Act that no such Order shall be of any Validity whatever until it has been confirmed by Parliament; and it is expedient that the said Order shall be so confirmed: Be it therefore 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:

S-1 Provisional Order in Schedule confirmed.

1 Provisional Order in Schedule confirmed.

1. The Provisional Order contained in the Schedule hereunto annexed shall, from and after the passing of this Act, be absolute, and be as binding and of the like Force and Effect as if the Provisions of the same had been expressly enacted in this Act.

S-2 Short Title.

2 Short Title.

2. This Act may be cited for all Purposes as the ‘Edinburgh Provisional Order Confirmation Act, 1867;’ and in citing any Section of the said Provisional Order it shall be sufficient to use the Words and Figures ‘Edinburgh Provisional Order,’ Section (specifying the Number of such Section).

SCHEDULE referred to in the foregoing Act.

EDINBURGH.

General Police and Improvement (Scotland) Act , 1862.(25 & 26 Vict. Cap. 101.)

Whereas the Police of the Royal Burgh and City of Edinburgh is regulated by various Local Acts of Parliament, and specially by the Acts following; viz.,—(1) the Act 11 & 12 Victoria, c. 113, the Short Title of which is, ‘The Edinburgh Police Act, 1848;’ (2) the Act 17 & 18 Victoria, c. 118, the Short Title of which is, ‘The Edinburgh Police Amendment Act, 1854;’ (3) the Act 19 & 20 Victoria, c. 32, the Short Title of which is, ‘The Edinburgh Municipality Extension Act, 1856;’ and (4) various Clauses of ‘The General Police and Improvement (Scotland) Act, 1862,’ adopted by the Lord Provost, Magistrates, and Council of the said Royal Burgh and City in pursuance of the last-recited Act:

And whereas a Petition under the Provisions of the said General Police and Improvement (Scotland) Act has been addressed to me, as One of Her Majesty's Principal Secretaries of State, by the Lord Provost, Magistrates, and Council of the said Burgh and City, under their Corporate Seal, praying that after the Inquiry directed by the said Act a Provisional Order may be issued, altering various Provisions of the said last-mentioned Act, so as the better to meet the Requirements of the said Burgh and City, and making the same operative in the said Burgh and City; repealing certain Parts of the said recited Local Acts; and making Provision for regulating the future Application and Execution of the said Order and recited Acts, and of other Acts in force within the said Burgh and City, and for otherwise improving the sanitary Condition thereof:

And whereas it is expedient that various Provisions of the said General Police and Improvement (Scotland) Act should be altered so as the better to meet the Requirements of the said Burgh and City, and should be made operative therein:

And whereas it is farther expedient that certain Parts of the said recited Local Acts ought to be repealed, and that such Parts thereof should be specified and set forth, and that Provision should be made for regulating the future Application and Execution of the Provisions hereof, and of the said recited Acts, and of other Acts in force within the said Burgh and City, and for otherwise improving the sanitary Condition thereof:

And whereas an Inquiry has been directed and held in respect of the Matters mentioned in the said Petition:

Now, therefore, in pursuance of the Powers vested in me by the said General Police and Improvement (Scotland) Act, 1862, I, as One of Her Majesty's Principal Secretaries of State, do, by this Provisional Order under my Hand, direct that from and after any Act of Parliament confirming the same:—

Assessments for Police Purposes

Assessments .

SCH-1.1 Expenses to be estimated.

1 Expenses to be estimated.

1. The Magistrates and Council shall annually, at a Meeting to be held on the Second Monday of August, or at a Meeting to be held for the special Purpose as soon thereafter as may be, estimate and fix the Sums of Money necessary to be levied for the Year then current, under the several Heads of Watching, Lighting, Cleansing, Sanitary and other Purposes, including Officers Salaries, and other Expenses required for the Purposes of ‘The Edinburgh Police Act, 1848,’‘The Edinburgh Police Amendment Act, 1854,’‘The Edinburgh Municipality Extension Act, 1856,’ the Act 23 & 24 Vic. Cap. 50, intituled ‘An Act to abolish the Annuity Tax in Edinburgh and Montrose, and to make Provision in regard to the Stipends of the Ministers of that City and Burgh, and also to make Provision for the Patronage of the Church of North Leith [23d July 1860],’ the Act 24 & 25 Vic. Cap. 27, intituled ‘An Act to declare the Limits within which increased Assessments are authorized to be raised in the City of Edinburgh under the Provisions of the Act 23 & 24 Vic. Cap. 50, [28th June 1861,]’ and the Act of Parliament confirming this Provisional Order.

SCH-1.2 Magistrates and Council to make Police Assessment.

2 Magistrates and Council to make Police Assessment.

2. On or before the last Monday in September in each Year the Magistrates and Council (being summoned by written or printed Summonses, which shall state that the Meeting is for the Purpose of laying on an Assessment) shall assess all Occupiers of Lands or Premises within the Burgh rented or valued at Five Pounds and upwards, according to the Valuation Roll made up and completed in Terms of the Acts in force for the Valuation of Lands and Heritages in Scotland, subject to the Exceptions herein-after provided, in the Sums necessary to be levied for the Purposes of the several Acts before referred to, and shall fix a Day on which the same shall be payable; and the Rate of Assessment and Day so fixed by the Magistrates and Council shall be published by Advertisement in any Newspaper circulating in the Burgh: Provided always, that such Assessment shall be imposed as from the Fifteenth Day of May in any One Year to the Fifteenth Day of May in the following Year, and shall be called the Police Assessment.

SCH-1.3 Differential Rates of Assessment on Rents under and above 10l

3 Differential Rates of Assessment on Rents under and above 10l

3. Such Assessment shall not, exclusive of that Portion thereof authorized to be levied by the Act 23 & 24 Vic. Cap. 50, and the Act 24 & 25 Vic. Cap. 27, exceed in any Year a Rate equal to Tenpence in the Pound of the gross yearly Value of such Lands and Premises in so far as the same are rented or valued at Five Pounds and under Ten Pounds, and One Shilling and Threepence in the Pound of the gross yearly Value of such Lands or Premises in so far as the same are rented or valued at Ten Pounds and upwards: Provided also, that when Two or more Families or Persons live together as One Family, and when One Person occupies mote than One Subject, the whole Police Assessment shall be made on the aggregate actual yearly Rent or Value of the Lands and Premises so occupied; and if any Person shall be in arrear of the Police Assessment, or any Portion thereof, on the First Day of March in any Year, One Penny upon each Pound of the Rental of the Lands or Premises in respect of which such Person is assessed, in addition to the Amount of the respective Assessments then due, shall be leviable from such Person by way of Penalty for Neglect or Failure in Payment, and the Magistrates and Council and their Collector are hereby authorized and required to levy and collect the same.

SCH-1.4 Provision as to Acts 23 & 24 Vict. c. 50. and 24 & 25 Vict. c. 27.

4 Provision as to Acts 23 & 24 Vict. c. 50. and 24 & 25 Vict. c. 27.

4. Wherever by the Act 23 & 24 Vic. Cap. 50, and the Act 24 & 25 Vic. Cap. 27, any Powers are conferred or Directions are given, having reference to the Provisions of ‘The Edinburgh Police Act, 1848,’ and ‘The Edinburgh Municipality Extension Act, 1856,’ such Powers and Directions shall be construed as having reference to the Provisions of this Order and the Act confirming the said Order, in the same Way and Manner as if the said Order and Act had been also specified in the said recited Acts, 23 & 24 Victoria, Cap. 50, and 24 & 25 Victoria, Cap. 27, along with the said ‘Edinburgh Police Act, 1848,’ and ‘The Edinburgh Municipality Extension Act, 1856.’

SCH-1.5 Provision as to Edinburgh Water Company.

5 Provision as to Edinburgh Water Company.

5. Whereas by their existing Acts of Parliament the Edinburgh Water Company are empowered to fix, ascertain, and levy annual Water Rates or Rents, payable in advance, at Whitsunday yearly, from,—first, all and every Person or Persons whatsoever having Water conveyed to their private Houses from the Reservoirs and Pipes belonging to the Company, provided that such Rates or Rents shall not exceed Tenpence per Pound on the real Rent of the said Houses and other Premises as they may be assessed for the Police Tax for the City of Edinburgh for the Year for and in respect of which the Water is to be supplied, or, if without the Bounds of Police, upon Four Fifths of the actual Rent or annual Value of the said Premises; and second, by Shopkeepers and Warehouse Holders requiring an ordinary Supply of Water, having Water conveyed into their Shops or Warehouses from the Reservoirs or Pipes belonging to the Company, provided...

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