Hereford City Council Act 1985
| Jurisdiction | UK Non-devolved |
| Citation | 1985 c. xlii |
Hereford
City
Council Act 1985
c. xlii
ELIZABETH H
1985 CHAPTER xffi
An Act to re-enact with amendments certain local
enactments in force within the city of Hereford; to
confer further powers on the Council of the city of
Hereford; to make provision with regard to the health,
local government and improvement of the city; and for
other purposes. [30th October 1985]
YI/'HEREAS—
(1)
By
virtue of the Local Government Act
1972
(hereinafter
1972
c.
referred to as "the Act of 1972") the city of Hereford was
constituted on 1st April 1974 comprising the former city of
Hereford:
(2) Certain local enactments were in force in the said former
city
and by section 262 of the Act of 1972 it
was
provided that,
subject to certain exceptions those local statutory provisions
should cease to have effect at the end of 1984 which date has
been postponed to 31st December 1986 by order made by the
Secretary of State for the Environment:
(3) It is expedient that certain of the said local statutory
provisions should be re-enacted with amendments:
2 c. xlii Hereford City Council Act 1985
(4) It is expedient that the other provisions contained in thk
Act should be enacted: ^
(5) The purposes of this Act cannot be effected
without tk
authority of Parliament:
(6) In relation to the promotion of the Bill for this
Act the
requirements of section 239 of the Act of 1972 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 aS
Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:—
Citation and
commence-
ment.
Interpretation.
1936 c. 49.
1972 c. 70.
1960 c. 62.
1947 c. 41.
PART
I
PRELIMINARY
1.—(1)
This Act may be cited as the Hereford City Coundl
Act 1985.
(2) This Act shall come into operation on the expiry
of a
period of three months beginning with the date on which
it is
passed.
2.—(1) In this Act unless the context otherwise requires-
"the Act of 1936" means the Public Health Act 1936;
"the Act of
1972"
means the Local Government
Act
1972;
"caravan" has the meaning given by the Caravan Sites and
Control of Development Act 1960;
"the city" means the city of Hereford;
"the Council" means the city council of Hereford;
"the county council" means the county council of
Hereford and Worcester;
"contravention" includes a failure to comply and
"contravene" shall be construed accordingly;
"daily fine" means a fine for each day on which an offence
is continued after conviction
thereof;
"fire authority" in relation to any premises means the
authority discharging in the area in which the
premises are situated the functions of fire authonty
under the Fire Services Act 1947;
"owner" has the meaning given by section 343 of the
Act
of 1936;
"railway property" means any railway of the British
Railways Board and any works connected tnerewiui
Hereford City Council Act 1985
c. xlii 3
for the maintenance or operation of which that board PART l
are responsible and includes any lands held or used by — conL
that board for the purposes of
such
railway or works;
"the
river"
means
so
much of the river
Wye as lies
between
a point 1,595 metres upstream of the centre of the Old
Wye Bridge in the city and a point 4,929 metres
downstream of the centre of the said Old
Wye
Bridge;
"street" has the meaning given by section 329 of the
Highways Act 1980;
1980
c. 66.
"traffic sign" has the meaning given by section 64 of the
Road Traffic Regulation Act 1984. ^84 c. 27.
(2) Any reference in this Act to a Part not otherwise
identified is a reference to that Part of
this
Act.
(3) Any reference in this Act to a proper officer shall, in
relation
to
any
purpose,
be construed
as
a reference to an officer
appointed for that purpose by the Council.
3.—{1)
In this Act "the appointed day" in relation to any Appointed
provision, means such day (not Earlier than three months after day.
the passing of this Act) as may be
fixed
for the purposes of that
provision in accordance with subsection
(2) below by
resolution
of the Council.
(2) The Council shall publish in a newspaper circulating in
the city notice—
{a) of the passing of any such resolution and of the day
fixed thereby; and
(b) of the general effect of the provision for the purposes of
which the day has been fixed;
and the day so
fixed
shall not be earlier than the expiration of
one month from the date of
the
publication of the notice.
(3) A photostatic or other reproduction certified by the
proper officer of the Council
to
be
a
true reproduction of a
page,
or part
of a
page,
of any newspaper being
a page
or part bearing
the
date of its publication and containing the notice mentioned
in subsection (2) above shall be evidence of
the
publication of
the notice and of the date of publication.
PART II
THE MAY PAJK,
4.
In this Part, "the May Fair" means the fair known
as
"the ffaeMay Fair.
May Fair", "Saint Ethelberf s Fair" or "the Nine Days Fair",
the franchise, right or privilege and jurisdiction whereof was
transferred from the Lord
Bishop
of Hereford for
the time
being
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