Middlesbrough Corporation Act 1933

Publication Date:January 01, 1933


Middlesbrough Corporation Act 1933

(23 & 24 Geo. 5) c. lxxxiii

An Act to consolidate with amendments the local Acts and Orders in force within the borough of Middlesbrough and relating to the several undertakings of the Middlesbrough Corporation to confer further powers upon the Corporation in relation to those undertakings and other matters to make better provision for the health local government improvement and finance of the borough and for other purposes.

[28th July 1933]

£23 & 24 Geo. 5.] Middlesbrough [Ch. lxxxiii.] Corporation Act, 1933. CHAPTER lxxxiii. An Act to consolidate with amendments the local a.d. 1933. Acts and Orders in force within the borough of Middlesbrough and relating to the several undertakings of the Middlesbrough Corporation to confer further powers upon the Corporation in relation to those undertakings and other matters to make better provision for the health local government improvement and finance of the borough and for other purposes. [28th July 1933.] W HEREAS the borough of Middlesbrough (hereinafter called "the borough") is a municipal borough subject to the Acts relating to municipal corporations and is a county borough within the meaning of the Local Government Act 1888: And whereas there are in force within the borough numerous Acts and Orders (as mentioned in the First Schedule hereto) which relate to the improvement and local government of the borough the supply of gas and electricity by the Middlesbrough Corporation within and beyond the borough the provision and working of ferries and a transporter bridge the construction or provision and working of tramways trolley vehicles and omnibuses and many other matters: And whereas many of the provisions of the said Acts and Orders have been superseded by subsequent legislation and ought to be repealed and it would be of local [Price 8s. Od. Net.] A 1 [Ch. lxxxiii.] Middlesbrough [23 & 24 Geo. 5.] Corporation Act, 1933. A.D. 1933. and public advantage if such of the provisions of these Acts and Orders as it is deemed expedient to retain were consolidated with certain amendments and additions into one Act: And whereas it is expedient at the same time to extend in various respects the powers of the Middlesbrough Corporation in relation to matters comprised in those enactments and to confer further powers on them and to make further provision with respect to their undertakings and the health local government improvement and finance of the borough : And whereas by the Middlesbrough and Stokesley Order 1932 made by the Minister of Health under section 46 of the Local Government Act 1929 certain areas were included within the borough which are not at present included within the limits within which the Corporation are authorised to supply electricity and it is expedient that their said electricity limits should be extended so as to include those areas as in this Act provided and on terms which have been agreed between the Middlesbrough Corporation and the company authorised to distribute electricity in those areas: And whereas it is expedient that the other provisions contained in this Act be enacted: And whereas the purposes of this Act cannot be effected without the authority of Parliament: And whereas in relation to the promotion of the Bill for this Act the requirements of the Borough Funds Acts 1872 and 1903 have been observed: May it therefore please your Majesty that it may be enacted and be it enacted by the King'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. j Short title. 1. This Act may be cited as the Middlesbrough I Corporation Act 1933. [23 & 24 Geo. 5.] Middlesbrough [Ch, lxxxiii.] Corporation Act, 1933. Commencement of Act. 2.(1) This Act shall come into operation on the A.D. 1933. first day of April nineteen hundred and thirty-four except (i) such of the provisions of Part V (Road transport) as relate to the abandonment of tramways; (ii) the provisions of subsection (7) of the section of this Act of which the marginal note is " Registration of hairdressers' and barbers' premises " and of the sections of this Act of which the marginal notes are respectively " Notice of Part XV " " Notice of Part XVII" and " Notice to keepers of common lodging-houses "; and (iii) such of the provisions of this Act as relate to the borrowing of money by the Corporation; all which excepted provisions shall come into operation on the passing of this Act. (2) In order that new byelaws (including byelaws made under the powers of this Act) may be confirmed on and operate as from the said first day of April nineteen hundred and thirty-four all notices given and proceedings taken within six months prior thereto with a view to the making and confirmation of new byelaws applicable to the borough shall be valid and effectual notwithstanding that at the time such notices are given or proceedings taken the provisions of this Act are not in operation and statutory enactments may be in force dealing with the subject matter of the byelaws. 3. This Act is divided into Parts as follows : Division of Part I.Preliminary. £^to Part II.Corporation boundary and wards of borough. Part III.Gas. Part IV.Ferries. Part V.Road transport. Part VI.Electricity. Part VII.Transporter bridge. Part VIII.Markets fairs and slaughter-houses. Part IX.Burial board and burial grounds. Part X.Public buildings parks recreation grounds and baths. A2 3 [Oh. lxxxiii.] Middlesbrough [23 & 24 Geo. 5.] Corporation Act, 1933. A.D. 1933. Part XI.Lands. Part XII.Streets buildings sewers and drains. Part XIII.Infectious disease and sanitary provisions. Part XIV.Hairdressers' and barbers' premises. Part XV.Human food. Part XVI.Hoardings advertisements &c. Part XVII.Sale of coke. Part XVIII.Police hackney carriages and traffic provisions. Part XIX.Finance. Part XX.Miscellaneous. Part XXI.Saving of Crown and other rights. Part XXII.Repeal. Limits of 4. The limits within which the provisions of this Act- Act shall be in force other than the provisions of Part III (Gas) Part IV (Ferries) Part V (Road transport) Part VI (Electricity) and Part VII (Transporter bridge) and except as otherwise in this Act expressed or implied shall be the borough. Incorpora- 5^ The following Acts and parts of Acts so far as tion ot cts. ^e game are applicable for the purposes and are not inconsistent with the provisions of this Act are hereby incorporated with this Act: (1) The Lands Clauses Acts except section 127 of the Lands Clauses Consolidation Act 1845 (relating to the sale of superfluous lands) and except the provisions with respect to the taking of lands otherwise than by agreement: (2) The Gasworks Clauses Act 1847 except (a) Sections 30 to 37 (with respect to the amount of profit to be received by the undertakers when the gasworks are carried on for their benefit); and (&) Section 38 (with respect to the yearly receipt and expenditure of the undertakers): Provided that section 13 shall be read as if The words " or any premises " were inserted after the words " private building "; and 4 [23 & 24 Geo. 5.] Middlesbrough [Ch. lxxxiii.] Corporation Act, 1933. The words " Provided that every such A.D. 1933. " contract entered into by the undertakers " shall be alike in terms and amount to all " consumers of gas supplied in like circum-" stances and for the same purposes " were added at the end of that section: (3) The Gasworks Clauses Act 1871 except sections 7 8 28 to 35 : (4) Section 3 (Interpretation of terms) section 19 (Local authority may lease or take tolls) Part II (Construction of tramways) and Part III (General provisions) of the Tramways Act 1870 Provided that the following words in the said section 19 shall not apply to the Corporation (namely) " but " nothing in this Act contained shall authorise " any local authority to place or run carriages " upon such tramway and to demand and take " tolls and charges in respect of the use of " such carriages " : (5) The schedule to the Electric Lighting (Clauses) Act 1899 (as amended by subsequent Acts) except subsection (1) of section 7 section 8 section 83 and section 84 : Provided that section 20 of that schedule in its application to the electricity undertaking shall have effect as though after the words " electric signalling communication " wherever they occur there were inserted the words " or electrical control of railways "; subsection (1) of section 21 of the said schedule shall be read and apply to the parts of streets and period specified in Part I of the Fifth Schedule as if the same were specified in that behalf in the Special Order; (c) Sections 23 and 65 of the said schedule shall apply to that part of the electricity undertaking of the Corporation which is" outside the borough as if the Corporation were the local authority: (6) The Markets and Fairs Clauses Act 1847 sections 2 3 14 to 31 and 33 to 42 : A3 5 [Oh. Ixxxiii.] Middlesbrough [23 & 24 Geo. 5.] Corporation Act, 1933. A.D. 1933. (7) Section 13 of the Railways Clauses Act 1863 : (8) For the purposes of the incorporation of the aforesaid Acts and parts or sections of Acts the following provisions shall have effect: (i) The several expressions " the promoters of the undertaking" "the undertakers" " the company " and " the commissioners " where used in any of those Acts shall mean the Corporation; (ii) The expression " the special Act " where used in any of those Acts shall mean this Act; (hi) The respective expressions " the Special Order" and " the area of supply" where used in the schedule to the Electric Lighting (Clauses) Act 1899 shall respectively mean Part VI (Electricity) of this Act and the electricity limits as defined in this Act; (iv) The expression " work " where used in the said section 13 of the Railways Clauses Act 1863 shall mean any improvement authorised by Part IV (Ferries) of this Act...

To continue reading

Request your trial