Gas and Water Works Facilities Act, 1870, Amendment Act, 1873

GAS AND WATER WORKS FACILITIES ACT 1870, AMENDMENT ACT 1873

CHAPTER LXXXIX.

An Act to extend and amend the provisions of the Gas and Water Works Facilities Act, 1870. [5th August 1873.]

Short title.

1. This Act may be cited for all purposes as “The Gas and Water Works Facilities Act, 1870, Amendment Act, 1873.”

[Ss. 2–11 rep. 46 & 47 Vict. c. 39. (S.L.R.)]

Power of Board of Trade to revoke, amend, extend, or vary Provisional Order. 33 & 34 Vict. c. 70.

12. Where under the Gas and Water Works Facilities Act, 1870, or this Act, the Board of Trade have made any Provisional Order, they may from time to time revoke, amend, extend, or vary such Provisional Order by a further Provisional Order.

Every application for such further Provisional Order shall be made in like manner and subject to the like conditions as the application for the former Provisional Order.

Every such further Provisional Order shall be made and confirmed in like manner in every respect as the former Provisional Order.

Inquiries by the Board of Trade for purposes of 33 & 34 Vict. c. 70. and this Act.

13. Where, in relation to any application for a Provisional Order under the Gas and Water Works Facilities Act 1870, or under this Act, it is in the opinion of the Board of Trade expedient that an inquiry should be held, they may order and direct such inquiry to be held at such time and place as they may think proper, subject to the provisions following:

1. The inquiry shall be held in public before an officer or officers to be appointed in that behalf by the Board of Trade, herein-after called the Commissioner or Commissioners :

2. Ten days notice at the least shall be given by the Commissioner or Commissioners of the time and place at which the inquiry is to be commenced :

3. The inquiry shall be commenced at the time and place so appointed, and the Commissioner or Commissioners may adjourn the inquiry from time to time as may be necessary to such time and place as he or they may think fit:

4. The Commissioner or Commissioners by summons shall, on the application of any party interested in the inquiry, require the attendance before him or them, at a place and time to be mentioned in the summons, of any person to be examined as a witness before him or them, and every person summoned shall attend the Commissioner or Commissioners, and answer all questions touching the matter to be inquired into, and any person who wilfully disobeys any such summons or refuses to answer any question put to him by the Commissioner or one of the Commissioners for the purposes of the said inquiry shall, on summary conviction before two justices, or in Scotland before any sheriff or sheriff substitute, be liable to a penalty not exceeding five pounds: Provided always, that no person shall be required to attend in obedience to any such summons unless the reasonable charges of his attendance shall have been paid or tendered to him, and no person shall be required in any case in obedience to any such summons to travel more than ten miles from his place of abode:

5. The Commissioner or Commissioners shall make a report to the Board of Trade in writing, and shall deliver copies of the report upon request to all or any of the parties to the inquiry.

Rules for carrying Acts into effect.

33 & 34 Vict. c. 70.

14. The Board of Trade may from time to time make, and, when made, may rescind, annul, or add to, rules with respect to the following matters :—

The proceedings to be had before the Board under the Gas and Water Works Facilities Act, 1870, or this Act; and

As to any other matter or thing in respect of which it may be expedient to make rules for the purpose of carrying the said Act or this Act into execution.

Any rules made in pursuance of this section shall be deemed to be within the powers conferred by the said Act or this Act, and shall be of the same force as if enacted in the said Act or this Act, and shall be judicially noticed.

Any rules made in pursuance of this section shall be laid before Parliament within three weeks after they are made, if Parliament be then sitting, and if Parliament be not then sitting, within three weeks after the beginning of the then next session of Parliament.

Act not to extend to Metropolis. 18 & 19 Vict. c. 129.

15. This Act shall not apply to any place within the Metropolis as the same is defined in the Metropolis Management Act, 1855.

[Sched. rep. 46 & 47 Vict. c. 30. (S.L.R.)]