Hereford City Council Act 1985

Cited as:1985 c. xlii
Jurisdiction:UK Non-devolved


Hereford City Council Act 1985

1985 c. xlii

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.

[30 October 1985]

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 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: 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: 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 It is expedient that the other provisions contained in thk Act should be enacted: ^ The purposes of this Act cannot be effected without tk authority of Parliament: 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 commencement. 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. Any reference in this Act to a Part not otherwise identified is a reference to that Part of this Act. 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 4 c. xlii Hereford City Council Act 1985 Part II t0 the mayor, aldermen and burgesses of the city of Hereford bv cont. the Act passed in the first year of the reign of Queen Victoria intituled "An Act for amending the Provisions of Two Actsd Parliament relating to the City of Hereford, and for limiting tk Duration of St. Ethelbert's or the Nine Days Fair, held annualll 1836 c. lxix. in the City", and thereafter held by them and the Council.' %*fffiSte0Q 5' The Markets and Fairs Clauses Act 1847 is incorporated anltexs with and forms Part of this Act, and this Act shall be deemed Clauses Act to be the special Act for the purposes of that Act. 1847. 1847 c. 14. Power to hold 6. Notwithstanding the provisions of Schedule 3 to this Act the May Fair, ^^h^ mter ^^ repeal so much of the Hereford Improvement 1854 c. xxxi. Act 1854 as relates to the holding of fairs) (a) the Council are and shall remain seized of, possessed of and entitled to all the lands, buildings, fairs. franchises, privileges, moneys, property, effects, choses in action, claims and demands whatsoever of or to which they were, immediately before the commencement of this Act, seized, possessed or in any way entitled at law or in equity or by virtue of the Hereford Improvement Act 1854, or any existing charter or grant from the Crown, or otherwise howsoever, with the appurtenances; the Council, subject to the provisons of this Act, may maintain and regulate the May Fair held in the city in such manner as they may think proper and may appoint such places within the city and times for the holding of the May Fair as they may think proper, the May Fair shall be held on such days and within such hours in every day as the Council may appoint, provided that the May Fair shall not be held on Sunday, or any public holiday and provided also that until the Council otherwise appoint, the May Fair shall be held on the now accustomed days, that is to say, on the Tuesday after the first Monday in May and on the next two days in each year. Part III jPtJBLIC HEALTH PM!% ? 7.(1) If, upon a complaint by the Council or any^ person order aggrieved under this section, a magistrates' court is sahsned tnai alteration of any gaS; vapour or fumes from a chimney of a building or ctumneys. caravan jn the city is injurious or is likely to be injurious to Hereford City Council Act 1985 c. xlii 5 health or a nuisance, the court mav make an order requiring the Part III owner of the chimney within such time as may be specified in com. the order to cause such means for remedying the cause of complaint to be adopted as the court thinks fit. (2) The court shall not make an order under this section unless it is satisfied that the work to be done m pursuance of the order need not involve an expenditure exceeding (a) in the case of a single private dwelling-house or caravan, £500; and (b) in any other case, £1,500; or, in any case, such greater sum as may be .specified in an order made by the Secretary of State by statutorvmstrument Imder this section. (3) Any person who, without reasonable excuse, fails to comply with armcder made under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale and to a daily "fine not exceeding £5. (4) Unless the S£cretaiy_of_State has granted scheduled monument consent under sections 3 or 4 of the Ancient Monuments and Archaeological Areas Act 1979 or listed 1979 c. 46. building consent under section 55 of the Town and Country Planning Act 1971 for the alteration of any chimney in a 1971 c. 78. scheduled monument or listed building no complaint shall be made to a magistrates' court under this section in respect of any chimney in such monument or building. (5) This section does not apply to premises which are subject to the Factories Act 1961 or the Alkali, &c. Works Regulation 1961 c. 34. Act 1906 or to any class of premises prescribed for the purposes 1906 c. 14. of section 1 (1) (d) of the Health and Safety af Work etc. Act 1974. 1974 c. 37. (6) In this section "chimney" includes structures, openings and ducts of any kind from which any gas, vapour or fumes may be emitted whether or not as the product of combustion and reference to a chimney of a building includes reference to a chimney of a building which serves the whole or a part of a building but is structurally separate therefrom. 8. In its application within the city, section 17 (3) of the Power to Public Health Act 1961 as substituted by section 27 of the'^seay Local Government (Miscellaneous...

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