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An Act to make provision with respect to the opening for vessels of Cawood Bridge; to provide for the control of occasional sales and the regulation of dealers in second-hand goods; and for connected or other purposes.
[25th July 1991]
WHEREAS—
The [1870 c. lxv.] Cawood Bridge Act 1870 authorised the construction of a bridge over the River Ouse in the county of York to be called “Cawood Bridge”:
The bridge was duly constructed by the Cawood Bridge Company in accordance with that Act as a road swing bridge which is capable of opening to facilitate the passage of vessels:
In 1883 the bridge was purchased by the justices of the peace for the East and West Ridings of the county of York, whereupon, in accordance with section 22 of that Act, the bridge became a county bridge and is now vested in North Yorkshire County Council:
Section 40 of that Act provides that it shall be unlawful to keep the bridge closed, so as to detain any vessel, barge or boat navigating the river, but the leaf or leaves of the bridge shall at all times when required be opened, so that vessels may be as little interrupted as possible in passing the bridge:
The number of vessels requiring to pass the bridge is no longer such as to justify the cost of providing for the bridge to be capable of opening on demand at all times for such vessels:
The council has, accordingly, determined that the requirement for the bridge to be opened on demand should be restricted as provided in this Act and that the council should have a power to charge for opening the bridge in certain circumstances:
It is expedient to make provision for the control in the county of occasional sales and the regulation of dealers in second-hand goods:
It is expedient that the other provisions of this Act should be enacted:
The purposes of this Act cannot be effected without the authority of Parliament:
In relation to the Bill for this Act the requirements of section 239 of the [1972 c. 70.] Local Government Act 1972 have been observed:
May it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
This Act may be cited as the North Yorkshire County Council Act 1991 and shall come into operation at the end of the period of two months beginning with the date on which it is passed.
In this Act, except where the context otherwise requires—
“appointed day” has the meaning given by section 3 of this Act;
“the bridge” means Cawood Bridge;
“commercial vessel” means any vessel used for—
the carriage of goods; or
the carriage of passengers for reward;
“the council” means North Yorkshire County Council;
“the county” means the county of North Yorkshire;
“proper officer”, in relation to any purpose, means an officer appointed for the purpose by the council;
“vessel” means any ship, barge, boat or water craft of any description.
(1) In this Act “the appointed day”, in relation to any provision, means such day as may be fixed for the purposes of that provision by resolution of the council.
(2) The council shall publish in a newspaper circulating in the county a notice—
(a) of the passing of any such resolution and of the day fixed thereby; and
(b) of the general effect of the provision for the purposes of which the day has been fixed;
and the day so fixed shall not be earlier than the end of the period of 28 days beginning with the date of the publication of the notice.
A photostatic or other reproduction certified by the proper officer to be a true reproduction of a page, or part of a page, of any newspaper being a page or part bearing the date of its publication and containing a notice mentioned in section 3 or 5 of this Act shall be evidence of the publication of the notice and of the date of publication.
North Yorkshire County Council Act 1991