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BOARD OF TRADE RULES

WITH COPY OF A PORTION OF THE ACT.

(As issued by the Board of Trade.)

PROVISIONAL ORDERS.

By the Gas and Water Works Facilities Act, 1870, it is provided as follows. Description of Cases within this Act.

SECTION 3.

This act shall apply where powers are required for all or any of the purposes following:

(1.) To construct or to maintain and continue gasworks and works connected therewith, or to manufacture and supply gas in any district within which there is not an existing company, corporation, body of commissioners, or person empowered by act of parliament to construct such works or to manufacture and supply gas:

(2.) To construct or to maintain and continue waterworks and works connected therewith, or to supply water in any district within which there is not an existing company, corporation, body of commissioners, or person empowered by act of parliament to construct such works and to supply water:

(3.) To raise additional capital necessary for any of the purposes aforesaid:

(4.) To enable two or more companies or persons duly authorized to supply gas or water in any district or in adjoining districts to enter into agreements jointly to furnish such supply, or to amalgamate their undertakings:

(5.) To authorize two or more companies or persons supplying gas or water in any district or in adjoining districts to manufacture and supply gas or to supply water, and to enter into agreements jointly to furnish such supply and to amalgamate their undertakings:

and such purposes, or any one or more of them, as the case may be, shall, for the purposes of this act, be deemed to be included in the term

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gas undertaking" or "water undertaking," according as the same relate to the supply of gas or water; provided that any gas or water company empowered as aforesaid may apply for and avail themselves of the facilities of this act within their own districts respectively.

Provisional Orders authorizing Gas and Water Undertakings.
SECTION 4.

Provisional orders authorizing any gas undertaking or water undertaking under the authority of this act may be obtained in any district by any company, companies, or person: and in the construction of this act the term "the undertakers" shall be deemed to include any such company, companies, or person.

Where the undertakers require powers for the purpose of constructing gasworks or waterworks, or works connected therewith within any district, the consent of the local authority of such district shall be necessary before any provisional order can be obtained; and where in such district there is a road authority distinct from the local authority, the consent of such road authority shall also be necessary in any case where power is sought to break up any road of such road authority before any provisional order can be obtained, unless the board of trade in any case in which the consent of the local authority or road authority is refused are of opinion, after inquiry, that, having regard to all the circumstances of the case, such consent ought to be dispensed with, and in such case they shall make a special report, stating the grounds upon which they have dispensed with such consent.

The Local Authorities referred to in the preceding Sections are defined as

follows in

SCHEDULE A.

Districts of Local Authorities.

Description of Local Authority of
District set opposite its Name.

Boroughs*

England and Wales.

Any place other than a borough, and
under the jurisdiction of commissioners,
trustees, or other persons intrusted by
any local act with powers of improving,
cleansing, or paving any town.
Any place not included in the above de-
scriptions, and within the jurisdiction
of local boards constituted in pursuance
of the Public Health Act, 1848, and the
Local Government Act, 1858, or one of
such acts.

Any place or parish not within the above
descriptions, and in which a rate is
levied for the maintenance of the poor.

The mayor, aldermen, and
burgesses, acting by the
council.

The commissioners, trustees,
or other persons intrusted
by the local act with
powers
of improving, cleansing, or
paving the town.
The local board.

The vestry, select vestry, or other body of persons, acting by virtue of any act of parliament, prescription, custom, or otherwise, as or instead of a vestry or select vestry.

"Borough" shall mean any place for the time being subject to an act passed in the session holden in the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, intituled "An Act to provide for the Regulation of Municipal Corporations in England and Wales."

Districts of Local Authorities.

Description of Local Authority of
District set opposite its Name.

Scotland.

Places within the jurisdiction of any town The town council.
council, and not subject to the separate
jurisdiction of police commissioners or
trustees.

In places within the jurisdiction of police
commissioners or trustees exercising the
functions of police commissioners under
any general or local act.

The police commissioners or trustees.

In any parish or part thereof over which The parochial board.
the jurisdiction of a town council or of
police commissioners or trustees exer-
cising the functions of police commis-
sioners does not extend.

Ireland.

The city of Dublin ..

The right honourable the Lord Mayor, aldermen, and burgesses, acting by the town council.

Towns corporate, with exception of Dublin The mayor, aldermen, and

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burgesses, acting by the town council. The commissioners.

The municipal commissioners.

Towns having town commissioners under The town commissioners.

the Towns Improvement (Ireland) Act, 1854 (17 & 18 Vict. c. 103), or any acts amending the same, or under any local

act.

Townships having commissioners under The township commissioners. local acts.

Intended Applications.

SECTION 5.

The undertakers intending to make an application for a provisional order in pursuance of this act shall proceed as follows:

(1.) On or before the first of November next before their application they shall give notice in writing of their intention to make the same to every company, corporation, or person (if any) supplying gas (if the proposed application relates to gasworks) or water (if the proposed application relates to waterworks) within the district to which the proposed application refers:

(2.) In the months of October and November next before their application, or in one of those months, they shall publish notice of their intention to make such application by advertisement, according to the regulations contained in Part I. of the schedule (B.) to this act; and where it is proposed to abstract water from any stream for any waterwork, they shall give notice in writing of their intention to make such application to the owners or reputed owners, lessees or reputed lessees, and occupiers of all mills and manufactories or other works using the waters of such stream for a distance of twenty miles below the point at which such water is intended to be abstracted, such distance to be measured along the course of such stream, unless such waters shall within a less distance than twenty miles fall into or unite with any navigable stream, and then only to the owners or reputed owners, lessees or reputed lessees, and occupiers of such mills and manufactories as aforesaid which shall be situate between the point at which such water is proposed to be abstracted, and the point at which such water shall fall into or unite with such navigable stream; and such notice shall state the name (if any) by which the stream is known at the point at which such water shall be immediately abstracted, and also the parish in which such point is situate, and the time and place of deposit of the plans and sections required by this act to be deposited:

(3.) On or before the thirtieth day of the same month of November they shall deposit the documents described in Part II. of the same schedule, according to the regulations therein contained: (4.) On or before the twenty-third day of December in the same year they shall deposit the documents described in Part III. of the same schedule, according to the regulations therein contained.

(Copies of these schedules are given below).

Advertisement in October or November of intended application.
SCHEDULE B.-(PART I.)

(1.) Every advertisement is to contain the following particulars:
1. The objects of the intended application.

2. A general description of the nature of the proposed new works, if any.

3. The names of the townlands, parishes, townships, and extraparochial places in which the proposed new works, if any, will be made.

4. The times and places at which the deposit under Part II. of this schedule will be made.

5. An office, either in London or at the place to which the intended application relates, at which printed copies of the draft provisional order, when deposited, and of the provisional order, when made, will be obtainable as hereinafter provided.

(2.) The whole notice is to be included in one advertisement, which is to be headed with a short title descriptive of the undertaking.

(3.) The advertisement is to be inserted once at least in each of two successive weeks in some one and the same newspaper published in the district affected by the proposed undertaking where the proposed works (if any) will be made; or if there be no such newspaper, then in some one and the same newspaper published in the county in which every such district, or some part thereof, is situate; or if there be none, then in some one and the same newspaper published in some adjoining or neighbouring county.

(4.) The advertisement is also in every case to be inserted once at least in the London, Edinburgh, or Dublin Gazette, accordingly as the district is situate in England, Scotland, or Ireland.

See Rule No. 3 as to bringing objections before the board of trade. See Rule No. 4 as to notice on or before 1st November to any company or corporation supplying gas in the district.

See Rule No. 7 as to notices on or before 15th December to owners, lessees, and occupiers within 300 yards of proposed gasworks.

See Rule No. 17 as to notice to millowners, &c., of proposed abstraction of water.

Deposit on or before 30th November.

SCHEDULE B.-(PART II.)

(1.) The undertakers are to deposit

1. A copy of the advertisement published by them.

2. If the application relates to gas, a map showing the land proposed to be used for the manufacture of gas, or of residual products arising in the manufacture of gas.

3. A proper plan and section of the proposed new works, if any, such plan and section to be prepared according to such regulations as may from time to time be made by the board of trade in that behalf.*

(2.) The documents aforesaid are to be deposited for public inspection— In England or Ireland, in the office of the clerk of the peace for every county, riding, or division; in Scotland, in the office of the principal sheriff clerk for every county, district, or division which will be affected by the proposed undertaking, or in which any proposed new work will be made.

(3.) The documents aforesaid are also to be deposited at the office of the board of trade.

The following standing orders of parliament must also be complied with:

STANDING ORDER (No. 39) of the HOUSE OF LORDS for SESSION 1878:

"8. Whenever plans, sections, or books of reference are deposited in the case of an application to any public department for a provisional order or certificate, duplicates of the said documents shall be at the same time deposited in the office

*See Rule No. 5 as to form of maps and plans for gasworks and Rule No. 16 for plans and sections for waterworks.

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