Grimsby Corporation Act 1970

Publication Date:January 01, 1970


Grimsby Corporation Act 1970

1970 c. lxxxii

An Act to empower the mayor, aldermen and burgesses of the county borough of Grimsby to make provision with regard to the use for recreational purposes of parts of Grimsby Haven, West Haven and the river Freshney, and to make further provision with regard to streets and the local government, health, improvement and finances of the borough: to make further provision for the superannuation of employees; and for other purposes.

[17th December 1970]

Grimsby Corporation Act 1970 c. Ixxxii 1 ELIZABETH II 1970 CHAPTER Ixxxii An Act to empower the mayor, aldermen and burgesses of the county borough of Grimsby to make provision with regard to the use for recreational purposes of parts of Grimsby Haven, West Haven and the river Freshney, and to make further provision with regard to streets and the local government, health, improve ment and finances of the borough; to make further provision for the superannuation of employees; and for other purposes. [17th December 1970] V17HEREAS- The borough of Grimsby in the county of Lincoln (in this Act called "the borough") is a county borough under the government of the mayor, aldermen and burgesses of the borough acting by the council (in this Act called " the Corporation "): It is expedient that parts of Grimsby Haven, West Haven and the said river Freshney in the borough should be made available for use by the public for recreational purposes: It is expedient that further and better provision should be made with reference to streets and buildings and the health, local government, welfare, improvement and finances of the borough and that the powers of the Corporation with regard thereto should be enlarged as in this Act provided: 2 c. Ixxxii Grimsby Corporation Act 1970 It is expedient that the provisions with regard to the finances of the borough which are contained in this Act should be made and that the Corporation should be empowered to borrow for the purposes of this Act: It is expedient to make further provision for the superannuation of officers and servants of the Corporation and of persons who contribute to the superannuation fund of the Corporation and for the benefit of their dependants and to amend the enactments relating thereto: It is expedient that the other provisions in this Act be enacted: The purposes of this Act cannot be effected without the authority of Parliament: (8) 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 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 Grimsby Corporation Act 1970. Division of 2. This Act is divided into Parts as follows: Act into . Parts. Part I.Preliminary. Part II.River Head, West Haven and river Freshney. Part III.Streets and highways. Part IV.-Public health. Part V.Public order and public safety. Part VI.Finance. Part VII.Superannuation. Part VIII.Miscellaneous. Part IX.General. Interpretation. 3.(1) In this Act the several words and expressions to which meanings are assigned by sections 90 and 343 of the Public 1936 c. 49. Health Act 1936 have the same respective meanings, unless there be something in the subject or context repugnant to such construction. Grimsby Corporation Act 1970 c. lxxxii 3 (2) In this Act, unless the subject or context otherwise Part I requires com. " 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. " the Act of 1961 " means the Land Compensation Act 1961; 1961 c. 33. " the Act of 1967 " means the Road Traffic Regulation Act 1967; 1967 c. 76. " the borough " means the county borough of Grimsby; "contravention" includes a failure to comply and " contravene " shall be construed accordingly; "the Corporation" means the mayor, aldermen and burgesses of the borough; " the council" means the council of the borough; " enactment" means any enactment, whether public general or local, and includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment; " the general rate fund " means the general rate fund of the borough; " hackney carriage " has the same meaning as in the Town Police Clauses Act 1847; 1847 c. 89. " land " or " lands" includes land covered with water and any interest in land, and any easement or right in, to or over land; " the local Act of 1937 " means the Grimsby Corporation (Grimsby Cleethorpes and District Water &c.) Act 1937; 1937 cxli. "magistrates' court" has the same meaning as in the Magistrates' Courts Act 1952; 1952 c. 55. " Secretary of State " means the Secretary of State for the Environment; "street" has the meaning assigned to that term in the Highways Act 1959; 1959 c 25. " the tribunal" means the Lands Tribunal. (3) Any reference in this Act to an 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. Part II River Head, West Haven and river Freshney 4. In this Part of this Act, unless the context or subject Definitions otherwise requires tor ^f^ " the River Head " means so much of Grimsby Haven in the borough as lies between Victoria Street and an 4 c. Ixxxii Grimsby Corporation Act 1970 Part II cont. Extinction of public rights to use quays, etc. 1849 c. lxxxi. Extinction of private rights to use quays, etc. Provision by Corporation of recreational facilities. 1968 c. 41. imaginary straight line drawn in an easterly direction and forming a continuation of the northern boundary of West Dock Street; " the West Haven " means so much of Grimsby Haven in the borough as lies between the bridge carrying Flottergate over the river Freshney and an imaginary straight line drawn in a northerly direction and forming a continuation of the western boundary of South Dock Street; " the river " means so much of the river Freshney in the borough as lies between West Haven and the bridge carrying Boulevard Avenue over the said river; " the Corporation's wharves" means the three wharves in the borough belonging to the Corporation and known respectively as Ranter's Wharf, Freeport Wharf and Lower Staithe Wharf, but does not include the highway known as Ranter's Wharf. 5. Notwithstanding anything in the Manchester, Sheffield and Lincolnshire Railway Act 1849 or any other enactment (a) no part of any land adjoining, or abutting on, the River Head or West Haven acquired by the Corporation, whether before or after the passing of this Act; (b) no part of any of the Corporation's wharves; shall be a public quay, wharf or landing place and all rights of the public to use any such land or wharf or part thereof as a quay, wharf or landing place shall as from the passing of this Act or the acquisition of the land, whichever is the later, be extinguished. 6.(1) Notwithstanding anything in the Manchester, Sheffield and Lincolnshire Railway Act 1849 or any other enactment, all private rights over (a) any land adjoining, or abutting on, the River Head and West Haven acquired by the Corporation, whether before or after the passing of this Act; {b) any part of the Corporation's wharves; for the purpose of loading or unloading any goods, wares or merchandise, shall as from the passing of this Act or the acquisition of the land, whichever is the later, be extinguished. (2) Any person who suffers loss by the extinguishment of any private right under subsection (1) of this section shall be entitled to be paid by the Corporation compensation to be determined in case of dispute under and in accordance with the Act of 1961. 7. The provisions of section 8 of the Countryside Act 1968 shall extend and apply to the River Head, the West Haven and the river as if they were a waterway comprised in a country park provided by the Corporation under the said Act of 1968. Grimsby Corporation Act 1970 c. Ixxxii 5 8.(1) The Corporation may exercise in regard to any lands Part II or waters in or adjoining or abutting on the River Head, the cont. West Haven or the river acquired by them, whether before or Use of lands after the passing of this Act, all or any of the rights and powersas fublic of a local authority under or in pursuance of the Public Health and Hcensi'ng Acts in relation to public walks, parks and pleasure grounds but 0f pleasure the Corporation shall not in the exercise of those powers and boats. rights construct or permit the construction of any buildings or works in, over or under the River Head or the West Haven except subject to and in accordance with the provisions of section 31 of the Land Drainage Act 1961. 1961 c. 48. (2) The Corporation may exercise in regard to any such lands or waters as are mentioned in subsection (1) of this section all or any of the powers of a local authority under section 94 of the Public Health Acts Amendment Act 1907 and that section shall 1907 c. 53. have effect as if for subsection (3) thereof there were substituted the following subsection: " (3) No person shall let for hire a pleasure boat or pleasure vessel not so licensed, or at any time during the suspension of a licence for the boat or vessel; or carry, or permit to be carried, passengers for hire in a pleasure boat or pleasure vessel unless the boat or vessel, and the boatman in charge thereof and the navigator, are so licensed, or at any time during the suspension of the licence for the boat or vessel or the boatman or navigator: Provided that this subsection shall not be taken to require a person to be licensed as a boatman who takes on hire a pleasure boat or pleasure vessel for purposes other than for profit." 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