Middlesex County Council (General Powers) Act 1938

Cited as:1938 c. xcix
Jurisdiction:England & Wales


Middlesex County Council (General Powers) Act 1938

(1 & 2 Geo. 6) c. xcix

An Act to make further provision with regard to the health improvement and local government of the county of Middlesex to confer further powers on the Council of that county and the local authorities therein to make further provision with reference to the Middlesex quarter sessions the superannuation of the officers and servants and the administration of the enactments relating to mental treatment and for other purposes

[29th July 1938]

[I & 2 GEO. 6.1 Middlesex County Council [Ch. xcix.] (General Powers) Act, 1938. CHAPTER xcix. to the health improvement and local govern- ment of the county of Middlesex to confer further powers on the Council of that county and the local authorities therein to make further provision with reference to the Middlesex quarter sessions the superannuation of the officers and servants and the administration of the enact- ments relating to mental treatment and for other purposes. r29th - July 1938.1 HEREAS it is expedient to make further pro- w vision for the health improvement and local government of the county of Middlesex and to confer further powers upon the Council of that county and upon the councils of the boroughs and urban districts comprised therein : And whereas it is expedient to make further provision with regard to the Middlesex quarter sessions and to amend the provisions of the Middlesex County 24& 25 Coxncil Act 1934 relating thereto : Aid whereas it is expedient to enact further provisions with respect to the administration within the county of the Lunacy and Mental Treatment Acts 1890 to 1930: And whereas it is expedient to make further provision for the superannuation of the officers and An act to make further provision with regard A.D. 1938. - Geo. 5. c. lxxxix. A 1 [Ch. xcix.] Xidd1ese.c Cou~~zy Cozt.r2ciZ [l &. 2 GEO. 6.1 (General Powers) Act, 1938. -4.~. 1938. servants of the Council and to amend the I)m\-isions - of the said Act of 1934 in regard thereto: 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 Part XI11 of the Local Government Act 1933 have been complied with May it therefore please Your Majesty thatl 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 ('ommons in this present Parliament assembled and hy the authority of the same as follows :- 23 &i 24 GeO. 5 C. 51. by the Council : PART I. PRELIMINARY. Short title. 1. This Act may be cited as the Xiddleses C`ounty 2. This Act is divided into Parts as follows :- Council (General Powers) Act 1938. Act divided int,o Parts. Part I.-Preliminary. Part 11.-Roads town plaiining and amenities. Part 111.-Local provisions. Part IV. -Miscellaneous. Part Part VI.-Mental hospitals cornmittsee. Part VI1.-Superannuation . Part VII1.-Finance. Parti 1X.-General. V.-Chairman and deputy chairman of quarter sessions. liicorpora- 3. The Lands Clauses Acts except sectioiis 127 to tioii of 3.32 of the Lands Clauses Consolidation Act 1845 and Lands except the provisions with respect exclusively to the C'auses purchase and taking of lands otherwise than by Acts. agreement are hereby incorporated with and form part e. 18. s 9 vi& of this Act. 2 1 & 2 (Am. 6.1 Middlesex C'ozcnty Council [Ch. xeix.] (Gened Powers) Act, 1938. 4.-(1) In this Act the several words and expres- A.D. 1938. sions to which meanings are assigned by sections 90 - 110 220 271 and 343 of the Public Health Act 1936 PARTI- ---cont. have the same respective meanings unless there be Interpreta- something in the subject or context repugnant to such tion. construction. 26 Geo. 5. & (2) In this Act unless otherwise expressly enacted :.::W. or unless the subject or context otherwise requires- "the Council" means the county council of the administrative county of Middlesex ; " the county )' means the administrative county of Jlliddlesex ; " the clerk " (except in Part I11 (Local provisions) of this Act) means the clerk of the Council; "the county fund" means the county fund of the Council ; " district ') means a borough or an urban district in the county; " local authority " means the council of a district; `* highway authority ') nieans- (a) in the case of any county road except a claimed road as hereinafter defined and in the case of any other road (not being a trunk road) for the time being maintained by the Council the Council; and (b) in the case of any other highway (not being a trunk road or a highway repairable by a railway or canal company) the local authority for the district in which the highway is situate; `* street" and "road " include any street road footpath and any highway; `` clainied road ') means a county road in respect of which a local authority have claimed under section 32 of the Local Government Act 1929 19 $20 to exercise and are exercising the functions Cleo. 5 C- 17. of maintenance and repair; `. telegraphic line " has the same meaning as in the Telegraph Act 1875; " Sunday school " means any school in which children are assembled for instruction on a Sunday or specially for religious instlriwtion whether on a Sunday or not; 41 & 42 Vict. c. 76. A2 3 [Ch. xcix.] n/liddle.sex County Council [l & 2 GEU. 6.1 (General Powers) Act, 1938. A.D. 1938. "food" has the meaning assigned to it by the Food and Drugs Act 1938; PART I. --cont. 1 & 2 Geo. 6. c. 56. " local enactment " means any local Act Order having the force of an Act byelaw or regulation for the time being in force within the county: " daily penalty " means a penalty for each day on which an offence is continued after conviction thereof; " the Middlesex justices " means the justices of the peace acting in and for the county and present at a general quarter sessions of the peace holden for the county; " the Middlesex quarter sessions " meaiis the general quarter sessions of the peace holden for the county; " the standing joint committee " means the stand- ing joint committee of the Middlesex quarter sessions and the Council appointed under section 30 of the Local Government Act 1888; general quarter sessions " includes intermediate general sessions ; " the Act of 1921 " " the Act of 1925 " " the Act of 1928" "the Act of 1930" and " the Act 11 & 12 Geo 5. of 1934 " mean respectively the Middlesex County Council (General Powers) Act 1921 the Middlesex County Council Act 1925 the Middlesex and Surrey (Thames Bridges kc.) Act 1928 the Middlesex County Council Act 1930 and the Middlesex County Coiincil Act 1934 ; " the transport board " means the Laizdon Passenger Transport Board ; " railway company " means the Great ItTesterii Railway Company the London 2nd North Eastern Railway Company the London Xidland and Scottish Railway Company the Southern Railway Company or any of them and any committee incorporated or constituted by Act of Parliament on which any of those conipanies is represented ; ~ " functions " includes powers and duties ; 51 & 52 Vict. c. 41. 6 c. XI. 15 &,1G Geo. 5 c. XClV. 18 c. lxxii & 19 Geo. 5 20 & 21 Geo 5 L. elxvi. 4 1 & 2 GEO. 6.1 X&ilesex Couq Coimcil [Ch. xcix.] (G`enernl Powem) Act, 1938. " statutory undertakers " means any company AD. 1938. body or person authorised by any Act of - Parliament or Order having the force of an Act to carry on any railway tramway harbour dock canal inland navigation water gas electricity or other public utility undertaking ; " local authority undertakings " includes any undertaking of a local authority as from time to time existing from which revenue is derived ; statutory borrowing power " includes a power of borrowing money conferred on the Council or a local authority by or under any enact- ment except paragraph (a) of subsection (1) of section 215 of the Act of 1933; `. statutory security " means any security in which trustees are hr the time being by or under any Act of Parliament passed or to be passed authorised to invest trust money and any mortgage bond debenture debenture stock stock or other security authorised by or under any Act of Parliament passed or to be passed of any county council or municipal corpora- tion or other local authority as defined by section 34 of the Local Loans Act 1875 but 38&39Vict. does not include annuities rentcharges or c. 83. securities transferable by delivery or any securities of the authority by whom the investment is made ; " authorised security '' means any mortgage stock bond or other security which a local authority are for the time being authorised to grant create or issue or upon or by means of which a local authority me for the time being authorised to raise money; I* -cont. 6` " the Minister " nieans the Minister of Health ; " the Act of 1932 " means the Town and Country 22 8 33 " the Act of 1933 " means the Local Government " the Act of 1936 " nicims the Public Health Planning Act 1932; Act 1933 ; Act 1936. Geo. 5. c. -4s. A 3 5 A.D. 1938. 5. The powers conferred upon the Council or a highway authority by the undermentioned sections of this Act with respect to county roads may with the consent of the Minister of Transport be exercised by the authority which for the time being is acting as his agent under the Trunk Roads (Delegation of Powers) Order 1937 or under any agreement niadc under sub- section (1) of section 5 or subsection (1) of section 6 1 Edw. 8.6: of the Trunk Roads Act 1936 with respect to any trunk 1Geo. 6. C. 3. road to which that agency relates :- Section 8 (Prohibition of persons vehicles &c. Section 15 (Damage to trees shrubs &e. on - PARTI. --cont. As to trunk roads. on grass margins); and highways and in open spacesj. PART 11. ROADS TOWS PLAXKIXG AND AJIEKITIES. 6.-(1) 9 highway authority may enter into and carry into effect agreements with any owner of lands adjoining any...

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