To re-state and extend the categories of person entitled by birthright to be enrolled as a Freeman of Beverley; to extend the area within which entitlement to be a Pasture Freeman may arise; to modify legislation relating to such entitlement; and for related purposes.
|(1)||The custom and practice of admitting persons to the freedom of Beverley was preserved by section 248 of the Local Government Act 1972 (c.70) in relation to the borough of Beverley:|
|(2)||By long practice entitlement to be admitted as a Freeman of Beverley is regulated by an Order of the Mayor, Aldermen and Burgesses of the Town and Borough of Beverley made on 2 August 1813 and entitled "Regulations as to Freedoms" ("the 1813 Order"):|
|(3)||The 1813 Order limits such entitlement by birthright to sons born within the former municipal borough of Beverley ("the municipal borough") whose fathers were Freemen of Beverley at the time of such birth:|
|(4)||Section 27 of the Beverley Common Pastures Act 1836 (c.lxx) ("the 1836 Act") requires the maintenance of a roll (the "Pasture Freemen's Roll") of those of the Freemen of Beverley who are resident within the municipal borough ("the Pasture Freemen") and section 5 of that Act provides for the Pasture Freemen annually to appoint 12 pasture masters from amongst themselves:|
|(5)||For the purposes of the 1836 Act the municipal borough is the municipal borough as defined in Schedule O to the Parliamentary Boundaries Act 1835 (c.75):|
|(6)||The area of the municipal borough (which was itself altered after 1835) is significantly smaller than the area of Beverley as it exists today:|
|(7)||The Beverley Pasture Masters are responsible for the regulation and maintenance of the Beverley common pastures, which are an important facility providing pasturage for animals:|
|(8)||The limitations in the 1813 Order on entitlement to freedom by birthright and the restricted area of the municipal borough for this purpose have resulted in a severe decline in the number of people able to claim such entitlement or to be included on the Pasture Freemen's Roll to the extent that the numbers of Pasture Freemen are insufficient to secure the continued appointment of the Beverley Pasture Masters for the foreseeable future:|
|(9)||The Beverley common pastures are vested in East Riding of Yorkshire Council, which is also responsible for maintaining the roll of Pasture Freemen:|
|(10)||It is expedient to safeguard the Beverley Pasture Masters' continued existence by extending the pool of potential freemen and potential Pasture Freemen so that the number of Pasture Freemen can be maintained, if not increased:|
|(11)||In relation to the promotion of the Bill for this Act the East Riding of Yorkshire Council has complied with the requirements of section 239 of the Local Government Act 1972:|
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 Beverley Freemen Act 2009.
In this Act-
"the 1813 Order" means the Order of the Mayor, Aldermen and Burgesses of the Town and Borough of Beverley made on 2 August 1813 and entitled "Regulations as to Freedoms";
"the 1836 Act" means the Beverley Common Pastures Act 1836 (c.lxx);
"the extended Beverley area" means the area described in the Schedule;
"the Pasture Freemen's Roll" means the roll maintained by a proper officer of East Riding of Yorkshire Council in accordance with section 27 of the 1836 Act.
|3||Entitlement to freedom by birthright|
Notwithstanding anything in any enactment, instrument, rule of law or custom, any person (whether male or female) shall be entitled by birthright to be admitted to the freedom of Beverley if that person is the child of a person who at any time has been so admitted, whether such admission was before or after the birth of the child and wherever the child was born.
|4||Entitlement to inclusion on Pasture Freemen's Roll|
The entitlement of any person to be included in the Pasture Freemen's Roll shall be determined by reference to the extended Beverley area.
|5||Modification of the 1813 Order|
So much of the 1813 Order as relates to entitlement by birthright to the freedom of Beverley shall cease to have effect.
|6||Modification of the 1836 Act|
Any reference in the 1836 Act to the borough of Beverley shall have effect as if it were a reference to the extended Beverley area, and any reference to the limits of the borough of Beverley shall be construed as a reference to the limits of that area.
The costs, charges and expenses of and incidental to the preparing for, obtaining and passing of this Act paid or payable by the East Riding of Yorkshire Council may in whole or in part be defrayed out of revenue.