IV. Glasgow Corporation Order [1912] UKHL 1054 (26 March 1912)

IV. Glasgow Corporation Order [1912] UKHL 1054 (26 March 1912)

The Commissioners held the preamble to the Order proved, subject to adjustment of certain clauses. They recommended striking out the clause applying Section 43 of the Tramways Act 1870 to tramways outside the city, as local authorities did not object to the Corporation's permanent rights and this was consistent with prior legislation. Provisions exceeding the general law on street trading were deleted, but a clause allowing control over advertising vehicles was permitted.

Citation
[1912] UKHL 1054
Parties
Promoter: Corporation of Glasgow; Objector: Busby and District Gas Company, Limited; Objector: Glasgow Cartage Conference and Others; Objector: Glasgow House-owners' Association, Limited, and Others; Objector: Glasgow and South-Western Railway Company; Objector: Caledonian Railway Company; Objector: North British Railway Company; Objector: Glasgow and Paisley Joint Line Committee and the Glasgow and Kilmarnock Joint Line Committee; Objector: Street Vendors of Newspapers; Objector: Scottish Co-operative Wholesale Society, Limited; Objector: J. & W. Campbell & Co., and Others; Objector: Glasgow Carting Contractors and Horse-owners' Association and Others; Objector: County Council of Lanark and the District Committees of the Lower and Middle Wards; Objector: County Council of Renfrew and the District Committee of the Eastern District; Objector: Association of House Factors and Property Agents in Glasgow; Objector: Glasgow Shipowners' Association, the Clyde Shipowners' Association, and Others; Objector: Glasgow Sawmillers’ Association and Others
Jurisdiction
United Kingdom
Judgment Date
26 March 1912
Procedural Posture
Order Confirmation Proceedings / Hearing Before Commissioners, Recommendation to Parliament
Outcome
Order confirmed with modifications
Legal Topics
Tramways, City Improvements, Gas Supply, Police Powers, Street Trading Regulation, Assessment for Parks and Statute Labour
Local Government Law Administrative Law Municipal Law Tramways City Improvements Gas Supply Police Powers Street Trading Regulation +1 more

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Parties

Corporation of Glasgow

Promoter

Busby and District Gas Company, Limited

Objector

Glasgow Cartage Conference and Others

Objector

Glasgow House-owners' Association, Limited, and Others

Objector

Glasgow and South-Western Railway Company

Objector

Caledonian Railway Company

Objector

North British Railway Company

Objector

Glasgow and Paisley Joint Line Committee and the Glasgow and Kilmarnock Joint Line Committee

Objector

Street Vendors of Newspapers

Objector

Scottish Co-operative Wholesale Society, Limited

Objector

J. & W. Campbell & Co., and Others

Objector

Glasgow Carting Contractors and Horse-owners' Association and Others

Objector

County Council of Lanark and the District Committees of the Lower and Middle Wards

Objector

County Council of Renfrew and the District Committee of the Eastern District

Objector

Association of House Factors and Property Agents in Glasgow

Objector

Glasgow Shipowners' Association, the Clyde Shipowners' Association, and Others

Objector

Glasgow Sawmillers’ Association and Others

Objector

Procedural Posture

Order Confirmation Proceedings / Hearing Before Commissioners, Recommendation to Parliament

Legal Issues

  1. 1 Whether the Corporation of Glasgow should be granted powers regarding tramways, city improvements, gas supply, police regulation, and assessment changes
  2. 2 Whether Section 43 of the Tramways Act 1870 should apply to tramways outside the city
  3. 3 Whether certain provisions regarding street trading and advertising exceed general law

Ratio Decidendi

The Commissioners held the preamble to the Order proved, subject to adjustment of certain clauses. They recommended striking out the clause applying Section 43 of the Tramways Act 1870 to tramways outside the city, as local authorities did not object to the Corporation's permanent rights and this was consistent with prior legislation. Provisions exceeding the general law on street trading were deleted, but a clause allowing control over advertising vehicles was permitted.

Court Disposition

Order confirmed with modifications

Orders

  • Clause applying Section 43 of the Tramways Act 1870 to tramways outside the city struck out
  • Provisions exceeding general law on street trading deleted