New Towns Act (Northern Ireland) 1965 ss 23 and 24 1965 c. 13 as amended by Criminal Law Act (Northern Ireland) 1967

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


An Act to make provision for the creation of new towns, for the exercise by new towns commissions of certain functions in relation to new towns, for the expansion or development of existing towns, and for purposes related to those matters. [24th June, 1965].

Be it enacted by the Queen's most excellent Majesty, and the Senane and House of Commons of Northern Ireland in this present Parliament assembled, and by the authority of the same, as follows:

Arrangement of Sections

General Powers of the Minister and the Ministry

Power to designate site of new town

1.-(1) Where the Minister of Development (in this Act referred to as "the Minister" is satisfied, after consultation with any local authorities who appear to him to be concerned, that it is expedient in the interests of Northern Ireland that any area of land (whether or not that area includes an existing town) should be developed as a new town in pursuance of this Act, he may by an order made with the concurrence of the Minister of Finance designate that area as the site of the proposed new town.


New town advisory committees

2.-(1) For the purpose of securing the provision of advice upon any matter arising in connection with the performance of functions under this Act of-

(a) the Minister, or

(b) the Ministry of Development (in this Act referred to as "the Ministry"), or

(c) a new town commission established in accordance with the succeeding provisions of this Act,

in relation to a new town or a proposed new town, the Minister may appoint a committee (in this section referred to as a "new town advisory committee").


Constitution of New Town Commissions

New town commissions

7.-(1) Where an order is made under section 1 with respect to a proposed new town the Minister may by order establish a body (in this Act referred to as a "new town commission") to-

(a) secure the laying out and development of the new town in accordance with proposals approved by the Ministry in that behalf under the succeeding provisions of this Act (in this Act referred to as "development functions"); and

(b) exercise such further functions as may be conferred upon the new town commission by virtue of any order made under section 28 (in this Act referred to as "municipal functions").


Power of new town commissions to make byelaws

20.-(1) A new town commission, in the exercise of their development functions, may make byelaws, subject to confirmation by the Ministry, for the management, regulations, protection of any property vested in them or in their custody or any undertaking carried on by them, and, in particular, but without prejudice to the generality of the foregoing provisions, may, in the exercise of such functions, make byelaws for any of the said purposes for which byelaws or regulations may be made by an urban district council.

(2) The power to make byelaws under subsection (1) shall include power to make byelaws with respect to-

(a) the admission of persons to; or

(b) the exclusion of persons from; or

(c) the regulation of the conduct of persons resorting to,

any place to which the byelaws apply.

(3) The provisions of sections 219 and 221 to 223 of the Public Health Act (Ireland) 1878, as extended by section 27 of the Local Government Act (Northern Ireland) 1934, with respect to byelaws made by a sanitary authority under the said Act of 1878 shall, with the substitution-

(a) for references to a sanitary authority of references to the new town commission;

(b) for references to the clerk of such an authority of references to the general manager of the new town commission;

(c) for references to said Act of 1878 (except the reference in section 27 of the said Act of 1934) of references to this Act;

(d) for the references in sections 221 and 222 of the said Act of 1878 to the district to which the byelaws relate, and the references in section 27 of the said Act of 1934 to the district of the sanitary authority, or references to the area designated under section 1 as the site of the new town; and

(e) for the reference in section 27 of the said Act of 1934 to section 221 of the said Act of 1878, of a reference to the said section 221 as applied by this section;

shall apply to byelaws made under this section.

(4) The Ministry may authorise persons employed by a new town commission to enforce byelaws made by the new town commission under this section and to take all steps, and do all acts and things, necessary for that purpose, and in particular any person so authorised may after due warning remove or exclude from any place with respect to which any such byelaws are for the time being in force a person who commits, or whom he reasonably suspects of committing, in that place an offence against any such byelaw or against section 4 of the Vagrancy Act 1834.

(5) A person who-

(a) acts in contravention of any byelaws made under this section; or

(b) obstructs any person of an offence shall be liable on summary conviction to a fine not exceeding ten pounds and, for a continuing offence, to a further fine not exceeding one pound in respect of each day during which the offence continues.


Power of new town commissions to establish crematoria

23.-(1) A new town commission may, in the exercise of their development functions, establish and operate a crematorium.

(2) No cremation shall be carried out in any crematorium established under this section unless the site and plans have been approved by the Ministry not until the crematorium has been certified by the Ministry by the new town commission to be complete and to be properly equipped for the purposes of cremations.

(3) The Ministry may make regulations with respect to crematoria established under this section as to-

(a) their maintenance and inspection;

(b) the cases in and the conditions under which cremations may take place;

(c) the disposition or interment of the ashes resulting from cremations;

(d) the forms of the notices, certificates and declarations or applications to be given or made before any cremation is permitted to take place;

(e) the registration of cremations;

(f) the notification of cremations to the Registrar General or to registrars of births and deaths;

(g) the fees that may be charged in respect of-

 ¤ ¤ ¤(i) a burial service held in any premises provided by a new town commission under this section before, at or after cremation;

 ¤ ¤ ¤(ii) the issue of any medical certificate required under the regulations;

 ¤ ¤ ¤(iii) the making of searches in any register of cremations kept under this subsection, or the certification of an extract therefrom.

(4) A certified copy of any entry in any register of cremations kept under subsection (3) purporting to be signed by an officer of the new town commission authorised by the new town commission for that purpose or under the seal of the new town commission shall in any legal proceedings be evidence of the cremation to which it relates.

(5) A new town commission may, with the approval of the Ministry, fix the charges or fees for cremations in any crematorium provided by them, and such charges or fees, and any other expenses properly incurred in or in connection with the cremation of a deceased person, shall be deemed to be part of the funeral expenses of that deceased person.

(6) Nothing in this section shall authorise a new town commission to create or permit a nuisance.

(7) In this and the next following section, &crematorium& means a building fitted with appliances for the purpose of burning human remains, and includes everything incidental or ancillary thereto.


Provisions supplemental to section 23

24.-(1) Where a new town commission have established a crematorium in accordance with the provisions of section 23, if any person knowingly carries out or procures or takes part in the burning of any human remains in any part of the area designated by an order made under section 1 as the site of the new town except in accordance with the first-mentioned section and any regulations made thereunder, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.

(2) If any person contravenes a regulation made under section 23(3) she shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.

(3) Without prejudice to section 3(2) of the Forgery Act 1913 or section 5 of the Perjury Act (Northern Ireland) 1946, sections 36 and 37 of the Forgery Act 1861 (destruction, falsification, etc., of registers of burials or copies thereof) shall, with the necessary modifications, apply to any register of cremations kept under section 23(3).

(4) A new town commission which has established a crematorium shall, without prejudice to the effect of any municipal functions order, be deemed to be a burial board within the meaning of section 5(2)(b) of the Forgery Act 1913 (forging of seals).

(5) If any person wilfully makes any false representation or signs or utters any false certificate with a view to procuring a cremation in a crematorium established under section 23, he shall be guilty of an offence and shall be liable, on conviction on indictment, to imprisonment for a term not exceeding two years.

(6) (repealed by Criminal Law Act (Northern Ireland) 1965 s. 15(2)).


Power of Ministry to make regulations

43.-(1) The Ministry may make regulations prescribing anything that is under this Act to be prescribed and providing for any matter in regard to which regulations may be made as the Ministry thinks expedient for the purposes of this Act.

(2) Regulations made under subsection (1) shall be subject to negative resolution.


Interpretation

48. In this Act-

"development functions" has the meaning assigned to it by section 7(1)(a);

"local authority" (except in section 30(1) means the council of a county or of a county district;

"The Minister" has the meaning assigned to it by section 1(1)(b);

"The Ministry" has the meaning assigned to it by section 2(1)(b);

"municipal functions" has the meaning assigned to it by section 7(1)(b);

"municipal functions order" has the meaning assigned to it by section 28(1)(b);

"new town commission" has the meaning assigned to it by section 7(1)(b);

"prescribed" means prescribed by regulations made under section 43;


Short title

49. This Act may be cited as the New Towns Act (Northern Ireland) 1965.


Disclaimer

The Cremation Society of Great Britain accepts no responsibility for the accuracy of the texts of Acts and Regulations on this Website.