5 10 Provisional Order (Peterborough Extension). 28. (1) The provisions of A.D. 1928. Peterborough (a) The Baths and Washhouses Acts 1846 to 1925; (d) The Museums and Gymnasiums Act 1891 so far as that (e) The Public Libraries Acts 1892 to 1919; (f) The Private Street Works Act 1892; and (g) Parts II. to V. of the Public Health Act 1925; shall be in force within and apply to the City as if the same had been adopted for the City. (2) The provisions of any adoptive Act in force within the added areas or any part thereof shall subject to the provisions 15 of this article cease to be in force within and apply to any part of the added areas but this paragraph shall not extend to the Burial Acts 1852 to 1906. (3) Any order under the Infectious Disease (Notification) Act 1889 or under any adoptive enactment mentioned in this 20 article which is in force immediately before the appointed day throughout the existing City shall extend and apply to the added areas and any order under the Infectious Disease (Notification) Act 1889 in force immediately before that day within the added areas shall cease to be in force within those areas. Acts. 25 29. For the purposes of (a) The Public Libraries Acts 1892 to 1919; and Public libraries maternity (b) The Notification of Births Acts 1907 and 1915 and the child the Corporation shall be the authority for the City to the exclusion 30 of the County Council. welfare &c. Act 1904 or Shops Acts 1912 to 1920. 30. Any order made under the Shop Hours Act 1904 or Orders under under the Shops Act 1912 or any subsequent Act providing Shops Hours for the closing of shops and in force immediately before the appointed day in any area affected by this Order shall subject 35 to the provisions of those Acts remain in force and apply to the area to which it then applied. 31. Subject to any order which the Minister or the Secretary Orders under of State may make on or after the appointed day the following Public provisions shall have effect as regards orders under the Public Health Acts 40 Health Acts Amendment Act 1907 or the Public Health Act Act 1907 or 1925 (1) The provisions of any order made before the appointed Amendment A.D. 1928. Peterborough Orders under section 33 of Act of 1894. Trustees of Peterborough United Charities. Provisional Order (Peterborough Extension). City any parts or sections of either of those Acts shall have effect as if any reference in that order to the existing City extended and applied to the City and as if the said parts or sections were accordingly declared to be in force within the City; (2) Any other order under either of those Acts which is in force immediately before the appointed day throughout the existing City shall extend and apply to the added areas; 5 (3) The provisions of any order made before the appointed 10 32. (1) The powers duties and liabilities of a parish council under section 14 of the Act of 1894 conferred upon the Corporation by the order of the Local Government Board dated the Twentieth day of September Nineteen hundred and five shall be deemed 20 to have been conferred on the Corporation in respect of each of the existing parishes within the existing City. (2) Nothing in this Order shall affect the power of the Minister to make an order under section 33 of the Act of 1894 with respect to charities as if each of the added areas were a 25 separate parish within the City. 33.-(1) The power of each of the Parish Councils of Peterborough Without and Longthorpe to appoint a representative trustee of the Peterborough United Charities under the scheme of the Charity Commissioners dated the Eighteenth day of 30 October Nineteen hundred and seven as amended by article 3 of the order which was confirmed by the County of the Soke of Peterborough (Peterborough Without and Longthorpe) Confirmation Order 1908 shall be transferred to and vest in the Corporation without prejudice to the tenure of office of any 35 trustee in office immediately before the appointed day. (2) A person shall not be qualified to be appointed under this article by the Corporation a trustee representative of the existing Parish of Peterborough Without unless he has during the whole of the twelve months preceding his appointment 40 resided in that part of the Parish of Peterborough which is coextensive with the existing Parish of Peterborough Without. (3) Any person appointed under this article by the Corporation as a trustee representative of the existing Parish of Longthorpe shall be a woman who has during the whole of the 45 twelve months preceding her appointment resided in that part Provisional Order (Peterborough Extension). of the Parish of Peterborough which is coextensive with the A.D. 1928. existing Parish of Longthorpe. (4) Nothing in this Order shall affect the powers of the Peterborough Charity Commissioners under the Charitable Trusts Acts 1853 to 5 1925 to settle or alter a scheme for the better administration of any charity and those powers may be exercised as if this Order had not been made. Order. scales of charges &c. 34. (1) All byelaws made by the Corporation or by the Byelaws Rural Council and confirmed by the Minister or his predecessors regulations 10 or which if made after the date of this Order would be subject to the Minister's confirmation which are in force within the existing City or within the added areas immediately before the appointed day— 15 20 25 (a) if made before the First day of January Nineteen hundred (b) if made on or after the First day of January Nineteen (2) Subject to paragraph (1) of this article all byelaws made by the Corporation or by the Watch Committee of the Corporation and in force immediately before the appointed day within the existing City shall extend and apply to the City until repealed 30 or altered by further byelaws. (3) All byelaws made by the County Council or by the standing joint committee of the County and in force immediately before the appointed day within the added areas shall in so far as byelaws to the like effect could be made by the Corporation 35 cease to be in force within the added areas. 40 45 (4) In their application to the added areas any byelaws made by the Rural Council shall have effect as if they had been made by the Corporation and as if the added areas were referred to therein. (5) Any proceedings which if this Order had not been made might have been taken for any offence within the added areas committed before the appointed day against (a) any byelaws of the Rural Council; or (b) any byelaws of the County Council or the standing joint Provisional Order (Peterborough Extension). A.D. 1928. may be taken by the Corporation as if the Corporation had been substituted therein for the Rural District Council the County Peterborough Council or the standing joint committee as the case may require and as if the byelaws of the County Council or the standing joint committee had remained in force. Order. 5 (6) In this article "byelaws" includes any regulation scale of charges list of tolls or table of fees or payments and any reference to byelaws made by the Corporation or by the Rural Council shall be read as including a reference to byelaws made by the predecessors of the Corporation or the Rural Council 10 as the case may require. Corporation to be burial board. Burial committee of PART IV. 35.-(1) The Burial Acts 1852 to 1906 shall be in force within and apply to that part of the Parish of Peterborough (in this 15 Part of this Order called "the burial board area ") which does not comprise the existing Parishes of Fletton Urban and Woodstone Urban. (2) The Corporation shall be the burial board for the burial board area and shall have within that area to the exclusion of 20 any other burial authority all the powers duties and liabilities of a burial board under the Burial Acts: Provided that no approval sanction or authorisation of any vestry or meeting in the nature of a vestry within the City shall be required in respect of any act of the Corporation as the burial 25 board. (3) The expenses of the Corporation as a burial board shall be defrayed by the levy over the burial board area of an additional item of the general rate of the City. 36.—(1) The Corporation may appoint annually a committee 30 consisting wholly or partly of members of the Council of the City Corporation. for the exercise of such of their powers and duties as a burial board as may be delegated by them but the committee shall not be authorised to borrow money or to make rates and the acts of the committee shall be submitted to the Corporation for their 35 approval. Dissolution of Peterborough Joint Cemetery (2) Part IV. of the First Schedule to the Act of 1894 which relates to proceedings of committees of parish or district councils shall extend to any committee appointed under this article. 37. (1) The Local Government Board's Provisional Orders 40 Confirmation (No. 14) Act 1911 so far as it relates to the Peterborough Joint Cemetery Order 1911 is hereby repealed. Provisional Order (Peterborough Extension). (2) The Peterborough Joint Cemetery Board shall cease to A.D. 1928. exist. (3) All property and liabilities which immediately before the appointed day are vested in or attach to the Peterborough 5 Joint Cemetery Board shall by virtue of this Order be transferred to vest in and attach to the Corporation as the burial board and shall be held by them on behalf of the burial board area. (4) Any outstanding loan which may be transferred by this article shall by virtue of this Order be charged upon the general 10 rate fund and general rate of the City but the sums required to defray the repayment of principal and interest of any such loan shall be defrayed by the Corporation as part of their expenses as a burial board. (5) Nothing in this article shall prejudice or affect any 15 mortgage or other security for any outstanding loan transferred by this article or the powers of any person entitled under such mortgage or other security to enforce the same as if this Order had not been made and where for any such purpose it is necessary to continue the exercise of a power which would have existed 20 but for this Order the power may continue to be exercised as if this Order had not been made. Peterborough ground of 38.-(1) Subject to the provisions of this article the Cor- Maintenance poration as the burial board and in succession to the Peter- &c. of closed burial borough Joint Cemetery Board shall be responsible for the 25 management and control of the closed burial ground (in this former article called "the burial ground") of the former Parish of Parish of Peterborough which adjoins Cowgate in the existing City and Peterthe burial ground shall be maintained in good order and its borough. walls and fences shall be kept in good repair by the Corporation 30 acting as the burial board. (2) No interment shall take place in the burial ground. (3) Nothing in this article shall prevent the application of the Open Spaces Act 1906 to the burial ground and upon any agreement under that Act between the Corporation and the 35 owner of the burial ground coming into operation the burial ground shall cease to be managed and controlled by the Corporation as the burial board and shall be held and administered by the Corporation under the Open Spaces Act 1906 as an open space for the benefit of the City. 40 39.-(1) The Peterborough and Old Fletton Joint Burial PeterCommittee which acts for an area coextensive with the existing borough and Old Parish of Fletton Urban and the Parish of Fletton Rural shall Fletton and be deemed to have been appointed for that part of the Parish of Woodstone Peterborough which is coextensive with the existing Parish of Joint Burial 45 Fletton Urban and for the Parish of Fletton Rural. Committees. |