A.D. 1926. Chester Provisional Orders Confirmation (No. 11). Given under the Official Seal of the Minister of Health this Twenty-ninth day of April One thousand nine hundred and twenty-six. (L.S.) H. W. S. FRANCIS Assistant Secretary Ministry of Health. 5 Leyton Commence ment of Order. URBAN DISTRICT OF LEYTON. Provisional Order for partially repealing and altering WHEREAS the Urban District Council of Leyton are the Local And whereas by Section 35 of the local Act of 1898 a period And whereas under Section 105 of the local Act of 1904 20 the Urban District Council have power to require a separate receptacle for ashes and house refuse to be provided at or in connection with a building; And whereas by Section 19 of the local Act of 1898 and Section 66 of the local Act of 1904 provision is made for the 25 audit by a district auditor of the accounts of the Urban District Council in respect of their tramway and electricity undertakings; And whereas a petition has been presented to His Majesty under Section 210 of the Municipal Corporations Act 1882 praying for the grant of a Municipal Charter of Incorporation to the 30 inhabitants of the Urban District of Leyton; And whereas the Urban District Council have made application to the Minister of Health for the issue of a Provisional Order partially to repeal and alter the Local Acts in the manner hereinafter set forth : Now therefore the Minister of Health in pursuance of the powers given to him by Section 303 of the Public Health Act 1875 and of all other powers enabling him in that behalf hereby orders that the Local Acts shall be partially repealed and altered so that the following provisions shall take effect: 1. This Order shall come into operation on the date of the Act of Parliament confirming this Order. 35 40 Provisional Orders Confirmation (No. 11). 2. In this Order unless the context otherwise requires :- 66 5. 10 15 A.D. 1926. Leyton Daily penalty" means a penalty for each day on which Definitions. an offence is continued after conviction; "Owner" has the same meaning as in the Public Health Act 1875; "Standard ashbin " means an ashbin which is in con- 66 66 66 The Act of 1898" means the Leyton Urban District means The Council means the Urban District Council of "The District" means the Urban District of Leyton. 3. In subsection (2) of Section 35 of the Act of 1898 " one Extension of month" shall be substituted for "twenty-one days" twenty-one days" as the time for period within which the Council shall signify their approval or approval of 20 disapproval of an intended temporary or movable building to buildings. the person proposing to erect or set up the same. temporary 4. In subsection (1) of Section 105 of the Act of 1904 the Repeal of words "and they may also require a separate receptacle for provision as "ashes and house refuse to be provided at or in connection to ashbins 25" with such building" are hereby repealed. in Act of 1904. 5. (1) The Council may from time to time by resolution Council may prescribe the size materials and construction of ash bins to be prescribe used within the District. (2) Any resolution of the Council under this article shall be 30 advertised in a newspaper circulating in the District and shall not have effect until a date to be specified in the resolution being a date not less than one month after the date of the publication of the advertisement. size &c. of ashbins. 6.—(1) At any time after a resolution of the Council under Owners &c. 35 the preceding article of this Order has come into force the Council may be may by notice in writing require the owner or occupier of any required to building to provide a standard ashbin: 40 (a) Where a standard ashbin is not in use; or (b) Where a standard ashbin is in use but the surveyor or provide standard ashbins. A.D. 1926. Leyton Maintenance &c. by Council of standard ashbins. Maintenance Provisional Orders Confirmation (No. 11). (2) If within fourteen days after the service of a notice under paragraph (1) of this article the owner or occupier on whom the notice is served has failed to comply with the requirement of the notice the Council may themselves provide a standard ashbin to be used in connection with the premises to which 5 the notice relates and may recover from that owner or occupier summarily as a civil debt the cost of the provision of the standard ash bin. (3) Where under this article a standard ashbin has been provided by the Council in substitution for an ashbin which 10 but for a resolution of the Council under the preceding article of this Order would have been a sufficient and suitable ashbin credit shall be given by the Council to the owner of that ashbin for its value. (4) Any person who after the expiration of the period men- 15 tioned in paragraph (2) of this article shall use or or cause or permit to be used for the deposit of ashes refuse or waste for removal by the Council an ashbin which is not a standard ashbin shall on summary conviction be liable to a penalty not exceeding twenty shillings and to a daily penalty not exceeding five 20 shillings. 7.-(1) The Council may by notice addressed to an owner or occupier of premises undertake the maintenance repair and renewal of any standard ashbin. (2) Where under this article the maintenance repair and 25 renewal of a standard ashbin has been undertaken by the Council the owner or occupier of premises who otherwise would be liable for its maintenance repair and renewal shall if so required by the Council pay to the Council on each first day of April after the receipt of a notice under paragraph (1) of this article such sum (not ex- 30 ceeding five shillings) as the Council may from time to time by resolution determine towards the cost of and in satisfaction of his liability for the maintenance repair and renewal of the ashbin. (3) Any sum payable under this article by an owner or occupier of premises may be recovered by the Council summarily 35 as a civil debt. 8.—(1) Every owner or occupier of premises in connection with which a standard ashbin has been provided shall maintain and repair and when necessary renew the ashbin unless the Council under the foregoing provision of this Order shall have 40 undertaken the maintenance repair and renewal of the ashbin. (2) If any owner or occupier of premises shall fail to comply with the provisions of this article the Council may by notice in writing require him within a period of fourteen days to repair or renew as the case may be the standard ashbin and if such notice 45 is not complied with the person to whom the notice is addressed Provisional Orders Confirmation (No. 11). shall be liable to a penalty not exceeding twenty shillings and to a daily penalty not exceeding five shillings. A.D. 1926. Leyton 9.-(1) Any person who deems himself aggrieved by the requirements of a notice of the Council under this Order requiring Appeal to 5 the provision of a standard ashbin may within fourteen days after petty the service of the notice appeal to a petty sessional court. (2) Notice in writing of the appeal and of the grounds thereof shall be given by the appellant to the clerk of the Council. (3) The court may make such order in the matter as they 10 consider reasonable and may award costs to be recoverable as a civil debt. (4) No proceeding shall be taken by the Council or work executed until after the determination or abandonment of the appeal. 15 (5) Any order made by the court shall be binding and conclusive on all parties. sessional court. 10. Sections 184 to 187 of the Act of 1904 which relate Application to the laying of informations the authentication and service of of Sections notices &c. and the recovery and application of penalties shall 184 to 187 of 20 apply for the purposes of this Order as if those sections were set out in this Order. Act of 1904. 11. (1) If the District or any part thereof shall be created Audit of a municipal borough it shall be lawful for the Minister of Health accounts. on the application of the Council of the Borough by Order to 25 provide 30 35 40 (a) for the repeal or alteration of the provisions in Section (b) for the audit of all the accounts of the council of (c) for applying to those accounts the provisions of Sections (2) An order of the Minister of Health under this article may contain such incidental provisions as may be necessary 45 for carrying the Order into effect and may empower the council Provisional Orders Confirmation (No. 11). A.D. 1926. of the borough to defray expenditure incurred by them on any of the following purposes : Leyton Short title. (a) subscriptions to the funds of any association of municipal (c) in connection with the presentation of the freedom of 12. This Order may be cited as the Leyton Order 1926. Given under the official seal of the Minister of Health this R. B. CROSS Assistant Secretary Ministry of Health. 15 Nantwich Compulsory powers of purchase. Short title. URBAN DISTRICT OF NANTWICH. Provisional Order to enable the Urban District Council of Nantwich to put in force the Compulsory Clauses 20 of the Lands Clauses Acts. WHEREAS the Urban District Council of Nantwich (hereinafter referred to as "the Council ") require to purchase and take the lands described in the Schedule hereto for the purposes of water supply in the said Urban District : 25 Now therefore the Minister of Health in pursuance of the powers given to him by Section 176 of the Public Health Act 1875 and by any other Statutes in that behalf hereby orders that from and after the date of the Act of Parliament confirming this Order the following provisions shall have effect that is to 30 say : 1. The Council shall be empowered for the purposes aforesaid to put in force with reference to the lands described in the Schedule hereto (subject to the continuance of existing public rights of highway if any) the powers of the Lands Clauses 35 Acts as modified by the Acquisition of Land (Assessment of Compensation) Act 1919 with respect to the purchase and taking of lands otherwise than by agreement or any of them. 2. This Order may be cited as the Nantwich Order 1926. |