5 Proisional Order (Middlesbrough Extension). (3) An order under this article shall have effect as if enacted A.D. 1929. in the National Health Insurance Act 1924 and may be revoked revised or amended by an order made in like manner as the original order. (4) Subject to any order under this article the persons who immediately before the appointed day are members of the respective insurance committees for the existing County and the existing Borough shall be deemed to have been appointed or elected as and shall be the members of the respective insurance 10 committees for the County as altered by this Order and the Borough. Middlesbrough Order. 24. (1) The Rural Council shall cease to exercise any Cesser of powers or discharge any duties within the added area. jurisdiction of Rural (2) All sewers situate within the added area and immediately Council and 15 before the appointed day vested in the Rural Council shall by property &c. virtue of this Order be transferred to and vest in the Corporation as the urban authority for the execution of the Public Health Acts 1875 to 1925. (3) Save as provided in this article nothing in this Order 20 shall transfer to the Corporation any property or liabilities of the Rural Council. 25 30 25.-(1) The Parish Council of the existing Parish of Marton Parish shall be deemed to have been elected as and shall be the Parish Council of Marton. Council of that parish as altered by this Order. (2) Any powers or duties vested in or imposed on the Parish Council of the existing Parish of Marton shall so far as regards the added area be vested in or imposed on the Corporation. PART IV. RATING AND VALUATION. 26. (1) The added area shall cease to be within the Assessment Langbaurgh Assessment Area and shall form part of the areas and Middlesbrough Assessment Area. (2) The scheme of the County Council for the constitution 35 of assessment areas and assessment committees as approved by the Minister on the fourteenth day of October nineteen hundred and twenty-six shall have effect as if for references to the existing Rural District of Middlesbrough there were substituted references to that Rural District as diminished by this Order. 40 (3) Any person who immediately before the appointed day represents the existing Borough on the Middlesbrough Assessment Committee or the existing Rural District on the Langbaurgh Assessment Committee shall be deemed to have been committees. Provisional Order (Middlesbrough Extension). A.D. 1929. appointed to represent the Borough or the Rural District (as the case may require) on that Committee. Middles brough Order. Deductions for rateable value of railways canals tithes &c. in added area. Valuation lists. 27.-(1) For the purposes of all valuation lists of the Borough (a) In the case of any land covered with water or used only (b) In the case of any tithe or any tithe commutation rent- (2) Such alterations of the rateable value of rateable hereditaments within the added area shall be made by the Corporation in the valuation list as may be necessary to give effect to this article. 20 28. (1) The valuation list of the existing Borough and the 25 portion of the valuation list of the existing Rural District which relate to hereditaments within the added area shall subject to such adjustments of the rateable value of those hereditaments as are required by the preceding article of this Order together form the valuation list of the Borough as from the appointed 30 day. (2) The remaining portion of the valuation list of the existing Rural District shall be the valuation list of the Rural District. (3) Such portions of the draft special list under the Rating 35 and Valuation (Apportionment) Act 1928 as relate to hereditaments within the added area shall on the confirmation of this Order be transferred to the Corporation and shall be amalgamated with the draft special list for the existing Borough. (4) All documents relating exclusively to the preparation 40 within the added area of the special list under the Rating and Valuation (Apportionment) Act 1928 shall on the confirmation of this Order be transferred to the Corporation. Provisional Order (Middlesbrough Extension). 29.—(1) If on the appointed day the period of the general A.D. 1929. rate for the existing Borough last made by the Corporation has not expired and the period of the general rate last made by the Rural Council has expired the Corporation may make and 5 levy for the added area a general rate of an amount in the pound not exceeding the amount in the pound of any instalment of a general rate for the existing Borough which becomes payable area. in October nineteen hundred and twenty-nine. (2) The provisions of the Rating and Valuation Act 1925 10 with respect to the general rate for an urban rating area shall extend to the general rate authorised by paragraph (1) of this article as if the added area were the Borough. (3) Save as expressly provided in this article the Corporation shall not levy any general rate within the added area before the 15 First day of April nineteen hundred and thirty. 20 25 Middlesbrough Order. General rate for added 30.-(1) Notwithstanding the alterations of area effected by Contributhis Order all contribution orders and precepts made in respect tion orders of a financial period commencing before the appointed day shall precepts and be as valid in law as if this Order had not been made. (2) All rates not collected immediately before the appointed day in respect of hereditaments within the added area shall be collected and recovered by the Rural Council as the Rating Authority or by the proper officer of that Council. PART V. arrears of rates. continued. 31. The town clerk and all other officers of the Corporation Officers of of the existing Borough who hold office immediately before the Corporation appointed day shall continue to be the town clerk and officers of the Corporation of the Borough and shall hold their offices by 30 the same tenure as before that day. 32. (1) Every officer in office on the date of the Act of CompensaParliament confirming this Order who by virtue of this Order tion to existing or of anything done in pursuance or in consequence thereof officers. suffers any direct pecuniary loss by abolition of office by 35 determination of his appointment or by diminution or loss of fees salary or emoluments (and for whose compensation no other provision is made by any enactment for the time being in force) shall be entitled to compensation for that loss from the Corporation. 40 (2) Any officer whose services are dispensed with or whose fees salary or emoluments are reduced within five years after the appointed day because his services are not required or his duties. are diminished in consequence of this Order and not on the ground of misconduct shall be deemed unless the contrary is Provisional Order (Middlesbrough Extension). A.D. 1929. shown to have suffered a direct pecuniary loss in consequence of this Order. Middles brough Order. Determina tion of compensation. 33.-(1) In determining the compensation payable to any person who becomes entitled to compensation in pursuance of this Order regard shall be had to the conditions and circumstances 5 mentioned in subsection (1) of section 120 of the Act of 1888 and the compensation shall not exceed the limit therein mentioned. (2) Any compensation payable under this Order to any (a) Any reference in that section to the county council (c) The expression in subsection (1) of that section "the (3) All fees or remuneration received and retained by an (4) The compensation payable under this Order to an officer who immediately before the appointed day shall hold two or 35 more offices under any local authority or local authorities and who shall have devoted the whole of his time to the duties of such offices shall not be reduced by reason of the fact that he has devoted only part of his time to each of such offices and for the purpose of this paragraph of this article a super- 40 intendent registrar registrar of births and deaths or registrar of marriages shall be deemed to hold an office under a local authority. (5) If an officer was temporarily absent from his employment during the war whilst serving in His Majesty's Forces or the Forces of the Allied or Associated Powers either compulsorily 45 or with the sanction or permission of the local authority such Provisional Order (Middlesbrough Extension). period of temporary absence shall be reckoned as service under A.D. 1929. the local authority in whose employment he was immediately before and after such temporary absence: Provided that in the case of an officer who after the Armistice 5 voluntarily extended his term of service with the Forces no period of absence during such extension shall be so reckoned. (6) The Corporation may in their discretion and in consideration of the fact that any officer was appointed to his office as a specially qualified person or of the fact that he had prior to his 10 appointment served as a deputy assistant or clerk to any officer not holding a temporary appointment add any number of years (not exceeding ten) to the number of years which such officer would otherwise be entitled to reckon for the purpose of computing the compensation to which he would be entitled under the Acts 15 and rules relating to Her Majesty's Civil Service as applied by this Order. Middles brough Order. 34. No officer shall be entitled to receive both a superannua- Compensation or retiring allowance and compensation under this Order tion and in respect of the same period of service and the same pecuniary superannua 20 loss. 25 30 tion. 35. In this Part of this Order unless the context otherwise Meaning in requiresPart V of "local 66 "Local authority" means a local authority as defined in authority' Officer" includes a servant and any person whose PART VI. SUPPLEMENTARY. "officer." 36.-(1) For the purpose of the election of county councillors Alterations the added area shall cease to form part of the Yarm Electoral of county Division. (2) The person who immediately before the appointed day 35 is the county councillor representing the existing Yarm Electoral Division shall be deemed to have been elected to represent that Division as diminished by this Order and shall retire from office on the day on which he would have retired from office if this Order had not been made. 40 electoral divisions. 37.-(1) For the purposes of the election of guardians the Guardians added area shall form part of the Grove Hill Ward of the Parish and rural of Middlesbrough. district councillors. |