A.D. 1924. District) Water Order Confirmation. SCHEDULE. MIDLOTHIAN (CALDER DISTRICT) WATER. Provisional Order to authorise the District Committee of the Calder District of the county of Midlothian to construct and maintain waterworks and to supply 5 water within their district to authorise and require the County Council of the county of Midlothian to levy assessments and to borrow money for the purposes of such water supply and for other purposes. WHEREAS the County Council of the county of Mid- 10 15 And whereas the county of Midlothian has for the purposes of the administration therein of the Public Health (Scotland) Acts been divided into districts in accordance with the provisions of the Local Government (Scotland) Act 1889 and such districts include the Calder 20 district: And whereas the District Committee of the Calder district (hereinafter called "the District Committee ") are the local authority for the execution within their district of the Public Health (Scotland) Acts except with 25 respect to acquiring and holding lands rating and borrowing: And whereas the present population of the county of Midlothian within the water supply area in this Order defined (hereinafter called "the water supply area ") is 30 considerable and in important parts of that area there is no supply of water and in other parts thereof the supply of water is insufficient in quantity and defective in quality and is in other respects unsatisfactory: And whereas the supply of water could be more 35 efficiently and more economically afforded if the parishes and places included within the district of the District District) Water Order Confirmation. Committee were to be formed into one area for the A.D. 1924. purposes of water supply than by the formation or enlargement of several special water supply districts: And whereas the District Committee have under 5 the provisions of the Public Health Acts formed portions of the said Calder district situated within the water supply area into special water supply districts under the names of the Balerno Currie Newbridge Kirkliston East Calder Mid-Calder Ratho and Kirknewton and West 10 Calder special water supply districts and it is expedient that the same should cease to be separate water supply areas and should be merged into the water supply area authorised by this Order: And whereas the Bellsquarry special water supply 15 district was formed in the year 1896 but was dissolved by resolution of the District Committee in the year 1904. And it is expedient that the debt in respect of that special water supply district should form a charge upon the assessments authorised by this Order: 20 25 And whereas the County Council have under the Edinburgh Boundaries Extension and Tramways Act 1920 power to take from the Corporation of Edinburgh a supply of water in bulk for consumption within the county: And whereas it is expedient that the County Council should be authorised and required to levy assessments and charges in respect of the water supply within the water supply area in the manner provided by this Order and to borrow on the security of such assessments and 30 charges such moneys as may be necessary for the purposes of this Order: And whereas estimates have been prepared for the purchase of land for and for the execution of the works by this Order authorised and such estimates are as 35 follows: A.D. 1924. Short title and com District) Water Order Confirmation. And whereas the said works are permanent works and it is expedient that the cost thereof should be spread over a number of years: And whereas plans and sections showing the lines and levels of the works authorised by this Order and 5 also a book of reference containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of the lands required or which may be taken for the purposes or under the powers of this Order have been deposited with the principal sheriff-clerk of 10 the county of Midlothian in his office at Edinburgh and hereinafter respectively respectively referred to "the deposited plans sections and book of reference " are as And whereas the purposes aforesaid cannot be effected without an Order of the Secretary for Scotland 15 confirmed by Parliament under the provisions of the Private Legislation Procedure (Scotland) Act 1899: Now therefore in pursuance of the powers contained in the last-mentioned Act the Secretary for Scotland orders as follows: 1. This Order may be cited for all purposes as the Midlothian (Calder District) Water Order 1924 and mencement shall come into operation at the date of the passing of the Act confirming the same which date is referred to in this Order as the "commencement of this Order." of Order. Interpretation. 20 25 2. In this Order the several words and expressions to which meanings are assigned by the Local Government (Scotland) Acts 1889 to 1908 and the Public Health (Scotland) Acts 1897 to 1907 and the Acts wholly or partially incorporated herewith have the same respective 30 meanings unless there be something in the subject or context repugnant to such construction and the following expressions shall have the meanings assigned to them in this section: "The county means the county of Midlothian. "The County Council" means the county council of the county. 66 The District Committee " means the District Committee of the Calder district of the county. 35 "The Calder district" means the parishes of Currie, 40 Kirknewton, Mid-Calder, Ratho, West Calder, 25 District) Water Order Confirmation. and the part of the parish of Kirkliston within A.D. 1924. the county. "The Public Health Acts" means the Public Health (Scotland) Acts 1897 to 1907 and any "The Act of 1889" means the Local Government "The standing standing joint committee " means the 66 "The sheriff " means the sheriff of the Lothians and 66 of the District Committee and the waterworks 3. The following Acts and parts of Acts (so far as Incorporathe same are applicable for the purposes of and are not tion of Acts. inconsistent with or varied by the provisions of this 30 Order) are hereby incorporated with and form part of this Order : 35 40 The Lands Clauses Acts. The Waterworks Clauses Act 1847 except the sections (a) The communication pipes to be laid by the Undertakers; (b) The amount of profit to be received by the Undertakers when the waterworks are carried on for their benefit; and (c) Also except sections 68 70 and 72. The Waterworks Clauses Act 1863; and A.D. 1924. Certain special water supply districts abolished. District) Water Order Confirmation. The sections and provisions of the Railways Clauses works: This Order shall be deemed a special Act within 15 the meaning of the provisions of the said Acts wholly or partly incorporated herewith. 4. The special water supply districts of Balerno Currie Newbridge Kirkliston (so far as within the county) East Calder Mid-Calder Ratho and Kirknewton and 20 West Calder shall be deemed as from and after the first term of Whitsunday after the commencement of this Order to have ceased to exist as special water supply districts and shall cease to be assessed for the purposes of water supply separately from other parts of the water 25 supply area and such special water supply districts shall thenceforth be for all purposes part of the water supply area and the waterworks prior to the commencement of this Order for supplying such special water supply districts and the water mains within such special 30 water supply districts other than the main pipe of the Dalmeny and Kirkliston special water supply district of the county of West Lothian shall be part of the undertaking as if the same had been constructed under this Order Provided also that payment of the debt affecting 35 such special water supply districts or any one or more of them and the special water supply district of Bellsquarry which has been dissolved and the rights and powers of the creditors who before the commencement of this Order have advanced money to the local authority 40 connected with the supply of water to such special water supply districts shall not be in any way prejudiced by this Order but such debts shall form a charge upon the assessments authorised by this Order and payment |