Belfast Corporation (General Powers) Act (Northern Ireland), 1948, s. 26 12 & Geo.6 c.i

Crown copyright - Reproduced with the permission of the Controller of Her Majesty's Stationery Office


An Act to confer upon the Lord Mayor, Alderman and Citizens of Belfast additional powers and enact additional provisions with reference to their several undertakings and to matters relating to the health improvement and finances of the city; to make further provision with reference to the superannuation of officers and servants of the Corporation; and for other purposes. [23rd December, 1948].

Arrangement of Sections

Preamble

Whereas the City of Belfast (hereinafter called "the City" is a Municipal Borough subject to the Acts relating to Municipal Corporations in Northern Ireland and is also a County Borough within the meaning of the Local Government Acts (Northern Ireland), 1898 to 1946, and the Lord Mayor, Aldermen and Citizens of the City (hereinafter called "the Corporation"), acting by the Council, are the urban Sanitary Authority for the district thereof:

And whereas it is expedient that further powers should be conferred upon the Corporation with respect to public health and sanitary matters and for the good government and management of the City:

MAY IT THEREFORE PLEASE YOUR MAJESTY That is may be enacted and BE IT ENACTED by the King's most Excellent Majesty, by and with the advice and consent of the Senate and the House of Commons of Northern Ireland in this present Parliament assembled and by the authority of the same, as follows (that is to say):-


PART I.

PRELIMINARY

Short title and Collective Titles

1. This Act may be cited as the Belfast Corporation (General Powers) Act (Northern Ireland), 1948, and the Belfast Local Acts 1845 to 1943 and this Act may be cited together as the Belfast Local Acts, 1845-1948.


Act divided into parts

2. This Acts is divided into Parts as follows:-

Part I. -Preliminary
Part II. -Superannuation.
Part III. -Streets and Buildings.
Part IV. -Lands.
Part VI. -Transport.
Part VII. -Financial
Part VIII. -Miscellaneous


Interpretation

4. In this Act unless otherwise expressly provided or the context otherwise requires :-

Terms to which meanings are assigned by the Lands Clauses Acts or by the Public Health Acts have the same respective meanings unless there be something in the subject or context repugnant to such construction;

"The City" means the city and county of the cite of Belfast as constituted for the time being;

"The Corporation" means the Lord Mayor, Alderman and Citizens of the City acting by the Council and includes the Corporation as an Education, Fire, Health or Welfare Authority and any Committee appointed to perform the functions of the Council;

"The Ministry" means the Ministry of Health and Local Government for Northern Ireland;

"The Public Health Acts" means the Public Health (Ireland) Acts, 1878 to 1946, and any Act or Acts amending or extending the same;

"The Lands Clauses Acts" means those Acts as amended by the Acquisition of Land (Assessment of Compensation) Act, 1919;

"Enactment" means any enactment whether public or general or local (other than this Act) and includes any instrument having effect by virtue of an enactment;

A reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.


Acts to be executed by the Corporation

5. This Act, so far as it relates to the Corporation, shall be carried into effect by the Corporation.


PART IV.

PUBLIC HEALTH

Establishment of Crematoria

26.-(1) The powers of the Corporation under any enactment to provide and maintain burial grounds or cemeteries or anything essential ancillary or incidental thereto shall be deemed to extend to and include the provisions and maintenance of crematoria as if the Corporation were a burial authority within the meaning of the Cremation Act, 1902.

(2) The provisions of the Cremation Act, 1902, shall apply to any crematoria provided under or by virtue of this section subject to the following modifications, that is to say:-

(a) The following expressions shall be substituted for the corresponding expressions in that Act:-

      "The Ministry" shall be substituted for "The Local Government Board";

      "The Minister of Health and Local Government" shall be substituted for "The Secretary of State";

      "The Houses of Parliament of Northern Ireland" shall be substituted for "The Houses of Parliament";

(b) For the reference to the Public Health (Interments) Act, 1879, there shall be substituted a reference to the Public Health (Ireland) Act, 1878;

(c) For the reference to the Coroners Act, 1887, there shall be substituted a reference to the Coroners (Ireland) Acts, 1829 to 1881;

(d) Sections 5 and 11 shall not apply.


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