Municipalities Amendment and Validation Act 1995

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1995/Acts/Municipalities%20Amendment%20and%20Validation%20Act%201995.pdf

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Municipalities Amendment Act 1995
The Laws of Bermuda
Annual Volume of Public Acts 1995 : 37

1
203

BERMUDA
1995 : 37

MUNICIPALITIES AMENDMENT AND VALIDATION ACT 1995

[Date of Assent 14 July 1995]

[Operative Date 14 July 1995]

WHEREAS it is expedient—

(a) to amend the Municipalities Act 1923 ("the 1923 Act");
and

(b) to validate the acquisition of certain lands by the
Corporations of Hamilton and St. George's and certain
Ordinances, made by those Corporations, pursuant to
which certain charges in respect of off-street and on-
street parking were levied and received by those
Corporations:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation
1 This Act may be cited as the Municipalities Amendment and
Validation Act 1995.

Amends section 1(1) of the 1923 Act
2 Section 1(1) of the 1923 Act is amended—

MUNICIPALITIES AMENDMENT AND VALIDATION ACT 1995

2
204

(a) by inserting next after the definition of the expression
"occupier" the following—

""off-street" parking means parking referred to in
section 20(2)(b);

"on-street" parking means parking referred to in
section 20(2)(c);"; and

(b) by inserting next after the definition of the expression
"valuation unit" the following—

""vehicle" has the meaning assigned to that
expression by section 1 of the Road Traffic Act
1947;".

Repeals and replaces section 20 of the 1923 Act
3 Section 20 of the 1923 Act is repealed and replaced by the
following—

"Powers of Corporations with respect to real and personal
property, etc.
20 (1) The Corporations of Hamilton and St. George's,
respectively, are hereby empowered—

(a) to purchase, take, hold, mortgage, pledge, deal
with and dispose of, at their own will and
pleasure, all manner of goods, chattels and
other personal property; and

(b) to purchase, take, hold, receive and enjoy, and
to give, grant, release, demise, assign, sell,
mortgage or otherwise dispose of and convey by
deed under the seal of the Corporation, any land
in Bermuda, in fee simple or for a term of life or
lives or years or in any other manner.

(2) The Corporations of Hamilton and St. George's,
respectively, are hereby empowered, subject to the provisions of
this Act and to any other enactment passed before or after the
coming into operation of this Act—

(a) to build, construct, erect or cause to be built,
constructed or erected, any building, or to carry
out any works upon any land owned by, or
under the control of, the Corporation, where
such works are calculated to facilitate or is

The Laws of Bermuda
Annual Volume of Public Acts 1995 : 37

3
205

conducive or incidental to the discharge of any
function of the Corporation;

(b) to provide off-street parking—

(i) whether within the municipal area or
otherwise; and

(ii) whether or not consisting of or including
buildings,

together with means of entrance and egress from
such off-street parking; and

(c) to authorize the use as a parking place of any
part of a street within the municipal area.".

Amends section 23(1) of the 1923 Act
4 Section 23(1) of the 1923 Act is amended by inserting next after
paragraph (e) the following—

"(ee) for the construction, maintenance, upkeep and
renewal of off-street parking;".

Amends section 37 of the 1923 Act
5 Section 37 of the 1923 Act is amended—

(a) by inserting next after subsection (1) the following—

"(1A) Notwithstanding subsections (2) to (4), but
subject to subsection (1), where the Minister considers it
appropriate, the Corporations of Hamilton and St.
George's, respectively, may raise money by the issue of
bonds—

(a) secured in such manner and to such
extent as the Minister may, prior to
such issue, authorize; and

(b) subject to such conditions as the
Minister may specify, including a
condition requiring the establishment of
a Sinking Fund, other than the Sinking
Fund referred to in subsection (2), for
the purpose of such issue."; and

(b) in subsection (3)(c), by deleting the word "Governor" and
substituting the word "Minister".

MUNICIPALITIES AMENDMENT AND VALIDATION ACT 1995

4

206

Amends section 38 of the 1923 Act
6 Section 38 of the 1923 Act is amended in subsection (1)—

(a) by inserting next after paragraph (b) the following—

"(bb) the regulation and control of off-street and on-
street parking;"; and

(b) in paragraph (n), by inserting next after the word
"Corporation" the words "or for off-street or on-street
parking" and by deleting the words "as hereinafter
provided".

Validation of certain matters
7 Where, prior to the coming into operation of this Act—

(a) the Corporation of Hamilton or the Corporation of St.
George's, or both, had acquired any land in
contravention of section 20 of the 1923 Act; or

(b) either or both such Corporations had made any
ordinance for the purpose of regulating and controlling
off-street or on-street parking, or both, and for the
purpose of levying and receiving payment in respect of
such parking, then,

on the coming into operation of this Act, any such land or any such
ordinance shall be deemed to have been validly acquired or made, as the
case may be, and no action, suit or proceeding shall be brought against
the Corporation of Hamilton or the Corporation of St. George's by reason
only of such acquisition or the making of such ordinance or the receipt of
any such payment.