Bournemouth Borough Council Act 1985

25. In this Part and in Schedule 2 to this Act “the five parks” means the parks in the borough specified in column 1 of Part I of the said Schedule 2 (the approximate area of each of which is specified in that column beneath the name of the park to which it relates) being those park lands to which the conveyances mentioned in column 2 of the Schedule relate and which until the commencement of this Act were subject to the Bournemouth Park Lands Act 1889 and the Bournemouth Corporation Act 1900.

Definition of “five parks”.

26.—(1) The Council may, in any park, pleasure ground or open space provided by them or under their management and control, provide and manage a botanical garden. [The 1983 Bill here also included provision for a zoological garden].

(2) The Council may provide such buildings and execute such works as may be necessary or expedient in connection with the provision of any botanical garden under this section and references in the following provisions of this section to a botanical garden so provided shall include references to any buildings provided or works executed under this subsection and to anything with which any such building is equipped.

(3) The Council max purchase or acquire botanical specimens and exhibits.

(4) The Council may make such charges as they think fit for admission to any botanical garden provided under this section. [Here a clause appeared in the 1983 Bill giving the Council powers to “let it, or any part thereof, for such consideration and on such terms and conditions as they see fit”. This was the only clause struck out by the House of Lords in 1984 before the passing of the Bill.]

(5) For the purposes aforesaid the Council may enclose any part of any park, pleasure ground or open space provided by them or under their management and control and may exclude the public from the part so enclosed:

Provided that nothing in this section shall empower the Council to enclose more than one-hundredth of the total area of all the parks and pleasure grounds or open spaces provided by them or under their management and control or more than one hectare of any of the five parks.

(6) No power conferred upon the Council by this section shall be exercised in such a manner—

(a) as to be at variance with an express trust subject to which land or a building is held, managed or controlled by the Council, without an order of the High Court, or of the Charity Commissioners, or of the Secretary of State, or, where the trust instrument reserves to the donor, or any other person, the power to vary the trust, without the consent of the donor or that other person; or

(b) as to contravene a covenant or condition subject to which a gift or lease of land or a building has been accepted by, or granted to, the Council, without the consent of the donor, grantor, lessor or other person entitled in law to the benefit of the covenant or condition.

Provision of botanical gardens. [Bournemouth Corporation Act 1960 s.41.]

27.—(1) In the interests of persons resorting to any park, pleasure ground or open space under their management and control the Council may set apart an area (not exceeding the prescribed area) of the open space for use for the parking of vehicles and provide parking places and facilities in connection therewith.

(2) Subsection (1) above shall not affect any trust, covenant or other restriction to which the park, pleasure ground or open space is subject.

(3) The Council shall have power to make reasonable charges for the use of any facilities provided by them under this section, and may make arrangements for any such facilities to be provided by some other person, including arrangements authorising that person to make reasonable charges.

(4) The Council shall consult the British Railways Board before exercising the powers of subsection (1) above in relation to an area of any park, pleasure ground or open space which is situated—

(a) over; or

(b) elsewhere within a distance of 15 metres (measured in any direction) from;

any railway of that board.

(5) In this section “the prescribed area” means—

(a) where the total area of the park, pleasure ground or open space does not exceed 4 hectares, one-eighth of that area;

(b) where such area exceeds 4 hectares but does not exceed twelve hectares, one-half hectare;

Provision of parking places in parks, etc. [Bournemouth Corporation Act 1930 s.218]

28.—(l) Each of the five parks shall—

(a) subject to the provisions of this Act be deemed to be a park belonging to and provided by and under the management and control of the Council within the meaning of the Public Health Acts and the Act of 1972;

(b) for the purpose of the making of byelaws for the regulation thereof, be deemed to be public walks and pleasure grounds, purchased, laid out and maintained by the Council for the purpose of being used as such under section 164 of the Public Health Act 1875.

(2) (a) Without prejudice to subsection (1) above the Council may, in connection with the exercise by the Council of any of the powers contained in Part II of Schedule 2 to this Act, make byelaws for regulating the use of the five parks and for securing that persons resorting to the same will so behave themselves as to avoid undue interference with the enjoyment by other persons of the five parks and the buildings erected thereon or any part thereof, for regulating the use of the roads in the five parks and generally for the purposes of Part II of Schedule 2 to this Act [Bournemouth Park Lands Act 1889 s.11, Bournemouth Corporation Act 1900 s.13].

(b) Byelaws made under this subsection may contain provisions imposing upon a person offending against a byelaw a fine not exceeding level 2 on the standard scale.

(3) (a) The Council shall not (except as in this Act provided) sell, demise or otherwise alienate any part of the five parks.

(b) The Council shall, subject to the provisions of this Act—

(i) at all times keep the five parks and each of them unbuilt on as open spaces for the recreation and enjoyment of the public [Bournemouth Park Lands Act 1889 ss 6 & 7, Bournemouth Corporation Act 1900] ; and

(ii) preserve so far as possible the natural aspect and state of the same. [This clause does not appear in the 1983 Bill, but was added to preserve the intent of the 1900 Act].

(c) The Council may exercise in relation to the five parks and each of them the powers contained in Part II of Schedule 2 to this Act but subject to the conditions and restrictions therein specified.

Provisions relating to the five parks.

(not relevant to Queen’s Park)

Powers relating to Lower Central Gardens.

(not relevant to Queen’s Park)

Grass verges, etc.

(not relevant to Queen’s Park)

Extinguish-ment of rights of cutting turves on specified land.

Part X
General

(PARTS VII – IX are not relevant to Queen’s Park and are omitted from this extract)

(Sections 58-70 of this Part are not relevant to Queen’s Park)

71.—(l) The Acts specified in Part I of Schedule 4 to this Act and the confirmation Acts and Orders specified in Part II of that Schedule are hereby repealed to the extent specified in that schedule.

(2) The saving provisions in Schedule 5 to this Act shall have effect in relation to repeals effected by this Act

Repeals and savings.

SCHEDULE 2
Provisions relating to the five parks

Part I
Conveyances

1. Name of Park	2. Conveyance
Meyrick Park, 46.5 hectares (115 acres)	…11^th December 1883…
King’s Park, 25.92 hectares (64 acres)	…7^th November 1900… / 5^th April 1905…
Queen’s Park, 55.08 hectares (136 acres)	Conveyance dated 7^th November 1900 between Sir George Augustus Eliott Tapps Gervis Meyrick of the first part Frederick Hussey Daniel Eyre and Reginald Gervis Hargreaves of the second part James Drummond of the third part and the mayor alderman and burgesses of the county borough of Bournemouth of the fourth part.
Redhill Park, 18.63 hectares (46 acres). Seafield Gardens, 0.717 hectares (1.77 acres).	…19^th October 1906…

Part II
Powers

1. The Council may from time to time exercise the following powers respect to the five parks:—

(1) they may set apart and use or permit the use of the five parks and each of them or any part thereof for the purposes of shows, games, competitions, recreations and entertainments or similar purposes and at such times may close such park or park to the public or may restrict public access thereto and may demand or take or permit to be demanded or taken such reasonable sums for the exclusive occupation of such park or part or for the admission of persons, vehicles, goods and things thereto as they may think fit and may exclude therefrom all persons, vehicles, goods and things unless payment be made of the reasonable sum demanded:

Provided that the Council shall not exercise the powers of closure under this sub-paragraph—

(a) in relation to any of the five parks—

(i) on more than 15 days in any year; or

(ii) on more than 3 Sundays in any year; or

(iii) on more than 6 consecutive days;

(b) at one and the same time over more than one-quarter of the total area of the five parks;

(2) without prejudice to their powers under sub-paragraph (1) above or otherwise they may erect fences on the five parks and each of them or any part thereof for the necessary protection of the public and for any purpose for which the park or part thereof may lawfully be used provided that the public is not thereby denied reasonably convenient admission to the said park or part thereof [Bournemouth Corporation Act 1971 s.12];

(3) they may in the five parks and each of them or any part thereof erect pavilions, refreshment rooms, buildings and conveniences which may be required or convenient for the purposes of the public resorting to the said parks and may charge for admission to such pavilions, refreshment rooms, buildings and conveniences or any of them or in respect of the use thereof [Bournemouth Corporation Act 1904 s.49 (1)(A)];

(4) they may let such pavilions, refreshment rooms, buildings and conveniences or any of them for such consideration and on such terms and conditions as they think fit [Bournemouth Corporation Act 1904 s.49 (1)(B)];

(5) they may for the purpose of improving the boundaries of the five parks dispose of small portions of the same or purchase lands adjoining the same [Bournemouth Corporation Act 1904 s.49 (1)(C)];

(6) they may in the five parks and each of them or any part thereof provide or arrange for the provision of facilities (whether indoor or outdoor) for sports and recreations for the benefit of the public at large with facilities and amenities ancillary thereto;

(7) they may provide or arrange for the erection of such buildings and execute or arrange for the execution of such works as may be necessary or expedient in connection with the provision of facilities under this Schedule;

(8) they may make any facilities provided by them in pursuance of this Schedule available for use by such persons as the Council think fit either without charge or on payment of such charges as the Council think fit;

(9) in pursuance of this Schedule they may enter into an agreement for the provision by any person of the said facilities or for the erection of the said buildings on such terms and conditions (but in the case of a lease for a term not exceeding 99 years) and for such consideration as they think fit:

Provided that the consent of the Charity Commissioners shall be required in the case of a lease ending more than 22 years after it is granted or for a consideration less than the best that can be reasonably obtained.

2. Nothing in this Schedule shall empower the Council or any other person to build upon more than 2 hectares of any of the five parks and nothing in sub~paragraph5 (6) or (7) of paragraph 1 above shall empower the Council to build upon more than one-fiftieth of the total area of the five parks.

(Schedule 1 is not relevant to Queen’s Park)

SCHEDULE 4
Enactments repealed

(Schedule 3 is not relevant to Queen’s Park)

Part I – Local Acts

Chapter (1)	Short title (2)	Extent of Repeal (3)
…	…	…
52 & 53 Vict. C. clxi	Bournemouth Park Lands Act 1889.	The whole Act.
…	…	…
63 & 64 Vict. C. cclxxxvi.	Bournemouth Corporation Act 1900.	The whole Act.
…	…	…

(Local Acts not included in this extract and Part II of this Schedule are not relevant to Queen’s Park)

SCHEDULE 5
Saving provisions

1. In so far as any byelaw made or any other thing done under an enactment in force which is repealed by this Act could have been made or done under any public general Act, relating to the same matter, it shall not be invalidated by the repeal but shall have effect as if made or done under that public general Act.

2.—(1) Anything begun under an enactment repealed by this Act may be continued under any enactment in this Act or in any public general Act relating to the same matter as if begun under either of those last-mentioned provisions.

(2) Where any period of time specified in, or having effect in relation to, an enactment repealed by this Act is current at the date of the coming into operation under this Act of any provision thereof relating to the same matter, that provision of this Act shall have effect as if it were in force when that period began to run.

3. References in this Act to things done, left undone, suffered or occurring shall, so far as the context requires for the continuity of operation between an enactment in force which is repealed by this Act and any enactment in this Act relating to the same matter, be construed as including references to things done, left undone, suffered or occurring before the coming into operation of that provision of this Act.

4.- (1) Notwithstanding the repeal by this Act of the enactments mentioned in sub-paragraph (2) below which have enured for the benefit of the British Railways Board and which relate to a former tramway undertaking and trolley vehicle undertaking, the Council shall remain liable to the British Railways Board under those enactments in respect of any damage or expense incurred by the British Railways Board in consequence of any failure to maintain any apparatus or works comprised in those undertakings.

(2) The enactments referred to in sub-paragraph (1) above are the following:-

Section 7 (For the protection of the London and South Western Railway Company) of the Bournemouth Corporation Tramways Order 1900;

Section 34 (For the protection of the London and South Western Railway Company) of the Christchurch and Bournemouth Tramways Act 1900; and

Section 131 (For protection of Southern Railway Company) of the Bournemouth Corporation Act 1930.

5. Nothing in this Act shall affect the operation of section 254 of the Act of 1972.

6. The mention of particular matters in this Schedule shall not be held to prejudice or affect the general application of sections 15, 16 and 17 of the Interpretation Act 1978.

-End of Act-