Sheepshed Urban District Council Gas Act 1903

Publication Date:January 01, 1903


Sheepshed Urban District Council Gas Act 1903

(3 Edw. 7) c. xl

An Act to provide for the transfer of the undertaking of the Sheepshed Gas and Coke company Limited to the Shepshed Urban District Council and to confer further powers on the said Council with respect to the supply of gas and for other purposes

[30th June 1903]

[3 EDW. 7.1 Shepshed U~bun District Couizcil Gas [Ch. xl.] Act, 1!303. CHAPTER xl. An Act to provide for the transfer of the undertaking A.D. 1903. of the Sheepshed Gas and Coke Company Limited to - tlie Shepshed Urban District Council and to confer further powers on the said Council with respect to the supply of gas and for other purposes. [30th June 1903.1 MpERC AS the district of Shepslied in tlie county of Leicester is ai1 urbm district within the meaning of the Local Government Act IS94 aiid is under the managenient and control of the Shepslied Urban District Council (hereinafter called `` the Council") : And whereas the Slieepshed Gas aiid Coke Company - Limited (in this Act called `` the company ") were formed for the purpose of making and vending gas and the products arising therefrom in the town and neighhourhood of Sheepshed and such company were duly regiqterecl on the second day of !lay onc thousand eight hundred and fifty-seven : And whereas the company have erected gasworks on the lands described in the Schedule to this Act and are now supplying gas within the limits for the supply of gas in this Act mentioned: ,4nd whereas it is expedient that the undertaking of the company should be transferred to and vested in the Council in manner provided by this Act and that powers should be conferred upon the Council as hereinafter provided : And whereas it is expedient that the Council be authorised to borrow money for the purchase of such undertaking and for the purchase of lands lor and the extension and improvement thereof: And whereas an absolute majority of the wliole number of the Council at a iiieeting held on the twenty-ninth day of December olle thousand nine huiiilred and two after ten clear days' notice [Price 1s. 9d.l fL I [Ch. xl.] Shephed 7Jrba.n District Coz~.ncil Gas [3 EDW. 7.1 Act, 1903. AD. 1903. by public advertisement of such meeting and of the purpose thereof in the Loughborough Herald R local uempaper published and circulated in the district of the Council such notice heing in addition to the ordinary notices required for summoning such meeting resolved that the expense in relation to promoting the Bill for this Act should be charged on the general district und or rate of the district : And whereas such resolution was published twice in the said Loughborough Herald and has rcceived the approval o the Local Government Board : And whereas the propriety of thc promotion of the Bill Tor this Act was confirmed by ai1 absolutc majority of thc miiolo number of the Council at a further special meeting held in pursuance of a similar notice on tlic twentictli day of January onc thousand nine hundred and thwc being not less than foinrtcen days after the deposit of the Bill for this Act in Parliament : And whereas the omners and ratepayers of the district by resolution in the manner provided in the Third Schedulc of tho Public Health Act 1876 consented to the promotion of the Bill for this Act : And whereas the objects aforesaid cannot be effected without the authority of Parliament : May it therefore please Your Majesty that it may be enacted and be it enacted by the Eing'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 tli~ authority of the same as foilocvs (that is to say) :- - PART I. PRELIMINARY. Short title. 2. This Act Eiay be cited as the Shepshect Urban District Division into 2. This Act is divided into Parts as follows:- P:U.ts. Council Gas Act 1903. Part I. Preliminary. Part 11. Transfer of Unclertnlcing. Part 111. Gas. Part IV. Financial. Part V. Miscellaneous. Part !II. not to take transfer. Council. 2 3. The prwisions of Part 111. of this Act shall not take efrcct until after tlic transfer of the undertaking of tlic cumpmy to the effect iinlil [3 EDW. 7.1 Shepshecl Udun District Council Gas [Ch. XI.] Act, 1903. 4. The following Acts and parts of Acts (so far as the same A.D. 1903. are applicable for the purposes and are not inconsistent with Incorpora- the provisions of this Act) are hereby incorporated with this tion of Acts. Act (namely) :- - The Lands Clauses Acts (except, the provisions thereof with respect, to the purchase and takiog of lands otherwise than by agreement and with respect to the entry upon lands by the promoters of the undertaking) ; The Gasworks Clauses Act 1847 (except the provisions thereof with respect to the amount of profit to he received by the undertakers alien thc gasworks are carried on for their benefit and except section 38 reiating to accounbs) ; and The Gasvorks Clauses ,4ct 1871 (except section 7 relating to shareliolders section 8 relating to the appointment of a receiver and section 36 reiating to accounts &c.) : And the provisions of the Gasworks Clauses Act 1847 and of the Gasworks Clauses Act 1871 shall extend and apply to the gas undertaking of the Couiicil and to any existing works mains or pipes of the company as if such undertaking had been authorised by and such works mains and pipes lad been constructed laid down and placed by the Councii under the powers of this Act. wholly or partially incorporated with this Act meanings are assigned shall in this Act have the same respective meanings unless there is somcthing in the subject or context repugnant to such construction Provided that in the Acts wliolly or partially incorporated with this Act for the purposes of this Act- The expressions '' the Undertakers " and " the company '' 5. The several words and exprcssions to which by the Acts Interprets- mean the Council : And in this Act unless the context otherwise requires- The expression " the undertaking of the company " includes all the gasworks engines mains pipes and machinery lands and buildings plant fixed and movable stock-in-trade and all othcr tlic real and personal property assets and effects of whatever nature (other than gas coal and other tenant's stores) and all the rights powers and privileges vested in or lielonging to or had or enjoyed by the company at the date of the transfer of the undertaking of the company to the Council under the provisions of this Act except the books and papers relating exclusively to the shareholders in and the constitution of the company ; A2 3 Company to sell their undertaking to Council. 011 payment of purchase money under- taking to rc3t. [Ch, xl.] Shepshed Urbm District Cozciacil Gus [3 EDW. 7.1 Act, 1903. " The district" means the urban district of Shepshed ; `` The district fund " and " general district rate " mean respectively the district fund and the general district rate of the district. PART 11. TRANSFER OF UNDERTAKING. 6.-(1) The Council shall within six months after the passing of this Act by notice in writing require the company to sell and thereupon the company shall sell and the council shall purchase the undertaking of the company for such price or consideration (being a sum in gross) and on such terms and conditions as may be agreed upon between the company and the Council or as failing such agreement shall be determined by arbitration in accordance with the provisions of the Lands Clauses Acts with reference to the purchase and taking of lands otherwise than bp agreement and in the construction of the said provisions the expression " the promoters of the undertaking" shall mean the Council and the expression ir' lands " shall mean the undertaking of the company. (2) For the purpose of determining the price or consideration to be paid by the Council to the company the salc shall be deemed to be by conipulsion and the company shall be deemed to have had statutory authority conferred upon them by Provisional Order made under the Gas and Water Works Facilities Act 1870 and confirmed by Parliament and to possess powers similar to those (so far as the same are applicable) conferred upon tho Council by Part 111. of this Act. (3) E'or the purpose aforesaid the original capital of the company shall be taken to be fivc thousand eight hundred and twenty-five pounds and they shall be deemed to have power to raise adciitional capital subject to the usual 2rovisions relating to the sale of shares or stock by auction or tender. 7. The Council shall pay the price or cansideration or the purchase of the undertaking of the company on such day as may be agreed between the Council and thc company or failing agreement on the first day of January or the first day of J nly next after the expiration of two months from the date of tlic award determining the amount thereof (which day is hereinafter referred to as `` the date of transfer") and if the said price or consideration shall not then be paid the Council shall pay to the company interest thereon its from that date to the date of actual payment of the said pricc 4 A.D. 1903. - [3 EDW. 7.1 Xlaepshecl Gbuit District Coz/ii&l Gas [Ch. XI.] Act, 1903. or consideration at the rate of four per centum per annum and on Am. 1903. payment by the Council uf such price or consideration and interest - (if any) the undertaking of the company shall by virtue of this Act bc vested in the Council subject and according to the provisions of this Act and free as between the company and the Council froin all contracts obligations debts liabilities and incumbrances affecting the same and thenceforth the Council shall have and hold the under taking. company under the foregoing provisions of this ,4.ct the Council company. shall pay to the company- 8. In addition to the sum to be paid by tlic Council to the Paylllents to (A) The costs and expenses properly incurred by the company prior to the twentieth day of December one thousand nine hundred...

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