Douglas Market Act 1956

c i e
AT 1 of 1956

DOUGLAS MARKET ACT 1956

Douglas Market Act 1956 Index


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c i e
DOUGLAS MARKET ACT 1956

Index Section Page

1 Interpretation ................................................................................................................... 5
2 Douglas Market ............................................................................................................... 6
3 Stallage and other charges ............................................................................................. 6
4 Power of Corporation to make market byelaws ........................................................ 6
5 Penalty for obstruction of collector .............................................................................. 7
6 Closing of market ............................................................................................................ 7
7 Development of area coloured green on deposited plan .......................................... 8
8 Extension of meaning of permanent work .................................................................. 8
9 [Repealed] ........................................................................................................................ 8
10 Saving as to Crown Rights ............................................................................................ 8
11 Short title .......................................................................................................................... 8
12 Commencement .............................................................................................................. 9
ENDNOTES 11

TABLE OF LEGISLATION HISTORY 11
TABLE OF RENUMBERED PROVISIONS 11
TABLE OF ENDNOTE REFERENCES 11

Douglas Market Act 1956 Section 1


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c i e
DOUGLAS MARKET ACT 1956

Received Royal Assent: 3 August 1956
Passed: 9 October 1956
Commenced: 9 October 1956
AN ACT
to revise the Douglas Market Act, 1898.
GENERAL NOTES

1. The maximum fines in this Act are as increased by the Local Government
(Miscellaneous Provisions) Act 1976 or by the Fines Act 1986 and by the Criminal Justice
(Penalties, Etc.) Act 1993 s 1.
2. References to the Rolls Office are to be construed in accordance with the General
Registry Act 1965.
3. References to GC192/86 are to that Government Circular as amended by
GC212/88.
1 Interpretation

In this Act unless the context otherwise requires —
“Board
” [Repealed]1

“Corporation
” means the Mayor, Aldermen and Burgesses of the Borough of
Douglas;
“the Department
” means the Department of Infrastructure;2

“deposited plan
” means the plan styled ‘In the matter of the Douglas Market
Act, 1955,’ and dated the 17th day of March, 1955, and filed in the Rolls
Office on the 19th day of March, 1955;
“develop
” means the carrying out of building, rebuilding, engineering or any
other operations in, on, over or under land or the making of any material
change in the user of any building or other land;
“the market
” means the market house, market place and buildings delineated
and coloured ‘pink’ on the deposited plan.
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2 Douglas Market

(1) Subject to the provisions of this Act, the market shall be the public
market for the Borough of Douglas.
(2) No other public market shall be held within the said borough and every
person who shall offend against the provisions of this subsection shall for
every such offence be liable of summary conviction at the suit of the
Corporation to a fine not exceeding £200.
3 Stallage and other charges

(1) The Department may, by Order, on the application of the Corporation,
from time to time, fix the maximum table of stallages and charges that
may be levied by the Corporation in respect of the Market, and on such
Order receiving the approval of Tynwald, the Corporation may demand
in respect of the Market the stallages and charges approved by Tynwald
or such less stallages and charges as the Corporation may from time to
time determine.3

(2) The stallages and charges payable in respect of stalls, ground spaces,
stands or benches under the provisions of the Douglas Market Act, 1898,
shall (notwithstanding the repeal of such Act) continue to be payable
under this Act until the same shall have been varied in the manner
provided by the foregoing subsection.
(3) The several stallages and rentals payable in respect of the occupation or
use of any stall, ground space, stand or bench in the market shall be paid
not only by the original taker or occupier thereof for part of a day if he
do not occupy it the whole day, but also by any subsequent taker or
occupier of the same for any subsequent part of the same day.
(4) The Corporation shall keep exhibited in conspicuous places in the market
tables setting forth in large legible printed characters the several stallages
and charges payable under this Act.
(5) Nothing in this section shall apply in relation to rents charged by the
Corporation in respect of the letting of accommodation within the
market for any period longer than one week.
(6) Stallages and charges payable in respect of the market shall be paid from
time to time on demand to an authorised officer of the Corporation, and
may be recovered in any court of competent jurisdiction as a civil debt or
as a simple contract debt due to the Corporation.
4 Power of Corporation to make market byelaws

(1) The Corporation may make byelaws for —
(a) regulating the use of the market and the buildings, offices, stalls
and standings thereon;
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(b) preventing nuisances or obstructions in the market or in the
immediate approaches thereto.
(2) Any byelaws made by the Corporation under the provisions of this Act
may be varied or revoked by a further byelaw made by the Corporation.
(3) Any byelaw made under this Act shall not come into force until the same
has been approved by the Department.4

(4) Any person who contravenes or fails to comply with any byelaw made
under the provisions of this section shall be liable on summary
conviction at the suit of the Corporation to a fine not exceeding £1,000,
and in the case of a continuing offence to a further fine not exceeding £2
for each day during which the offence continues.5

5 Penalty for obstruction of collector

Any person who shall assault or obstruct any person authorised by the
Corporation to superintend the market or to keep order therein or to collect any
stallage or charge payable under the provisions of section three of this Act shall
for every such offence be liable on summary conviction at the suit of the
Corporation to a fine not exceeding £200.
6 Closing of market

(1) Where it appears to the Corporation that the market or any part thereof
is little used and entails an annual loss, the Corporation may by order
close the market or any part thereof.
(2) Where the Corporation propose to make an order under this section
closing the market or any part thereof, the Corporation shall cause notice
of the proposal to be published in at least one newspaper printed and
circulating within their district and shall also cause a copy of such notice
to be posted for not less than fourteen days in the market, and such
notice shall —
(a) specify the land to which the proposal relates;
(b) notify the date (which shall not be less than fourteen days) within
which any objection to the proposal should be sent in writing to
the Corporation; and
(c) contain a notification of the right of appeal conferred by this
section.
(3) Before carrying into effect any proposal of which notice is required by
this section to be given, the Corporation shall consider any objection to
the proposal which is sent to them in writing within the time fixed in that
behalf and shall after so considering it give notice of their decision to the
person by whom the objection is made, and if any person is aggrieved by
such decision he may within fourteen days after receiving notice thereof
appeal therefrom to the Department, who may confirm such order either
Section 7 Douglas Market Act 1956


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without modification or subject to such modification as the Department
think fit or may refuse to confirm such order.6

(4) Upon the market or any part thereof being closed under the provisions of
this section the Corporation may appropriate, develop or use the said
area in such manner and for such purposes as may be approved by the
Department and subject thereto the provisions of the Local Government
Acts, 1916 to 1954, shall apply to such land.7

7 Development of area coloured green on deposited plan

The area delineated and coloured green on the deposited plan shall cease to be
used as a market and the Corporation may appropriate, develop or use the said
area in such manner and for such purposes as may be approved by the
Department and subject thereto the provisions of the Local Government Acts,
1916 to 1954, shall apply to such land:
Provided —
(1) no building shall be erected on the said area which shall leave an open
space of less than ten feet wide nor less than twelve feet in height
between the boundary walls of the Douglas Hotel (which is adjacent to
the site of the said area) and any proposed building; and such open space
shall be used as a public footpath only;
(2) no such proposed building shall be erected to a greater height than a line
drawn from the cills of the lowest windows in the back wall of the said
hotel at an angle of 45 degrees with the said walls.8

8 Extension of meaning of permanent work

In the application of section 371 of the Local Government (Consolidation) Act,
1916 (which relates to the power to borrow on the credit of the district fund) to
this Act, the expression ‘cost of any permanent work’ shall include the cost of
any permanent development under the provisions of sections six and seven of
this Act.
9 [Repealed]
9

10 Saving as to Crown Rights

Nothing in this Act shall extend to take away, prejudice, diminish or alter any of
the estates, rights, privileges, powers, or authorities vested in or enjoyed or
exercisable by, the Queen’s Majesty, her heirs or successors.
11 Short title

(1) This Act may be cited as the Douglas Market Act, 1956.
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(2) This Act shall as to the borough of Douglas so far as is consistent with
the tenor thereof be construed as one with the Douglas Acts, 1860 to
1953, and the Local Government Acts, 1916 to 1954.
12 Commencement

This Act shall come into operation when the Royal Assent thereto has been by
the Governor announced to Tynwald and a certificate thereof has been signed
by the Governor and the Speaker of the House of Keys.
Douglas Market Act 1956 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Definition of ‘Board’ repealed by GC192/86. 2
Definition of ‘the Department’ inserted by GC192/86 and amended by SD155/10 Sch 5. 3
Subs (1) amended by GC192/86. 4
Subs (3) amended by GC192/86. 5
Subs (4) amended by Decimal Currency (Isle of Man) Act 1970 s 9 and by Local
Government (Miscellaneous Provisions) Act 1976 s 7. 6
Subs (3) amended by GC192/86. 7
Subs (4) amended by GC192/86. 8
S 7 amended by GC192/86. 9
S 9 repealed by Statute Law Revision Act 1983 Sch 2.