L.G. B. Circular, 22nd Sept., 1903. Service of notices. The service of notices and other documents is facilitated by section 13 of the new Act. Subsection (1) enables sufficient service of a notice upon an owner under Part II. of the principal Act to be effected by sending the notice by post in a registered letter addressed to him or his agent at his usual or last known residence or place of business. Subsection (2) enables any notice, summons, writ or other proceeding at law or otherwise, required to be served on the council in relation to carrying into effect the objects or purposes of the principal Act or any of them, to be served upon them by addressing the document in question to the authority or their clerk at their office and sending it by post in a registered letter. It will be seen that the new Act gives various facilities to the councils of boroughs and urban districts for carrying out the Housing Acts, and the Board trust that its effect will be to stimulate the councils to exercise the very considerable powers which they possess under these Acts. The Town Clerk, or Clerk to the The Urban District Council. I am, Sir, Your obedient servant, Secretary. Construction of 51 & 52 Vict. C. 41, S. 10. LOCAL GOVERNMENT (TRANSFER OF POWERS) [3 EDW. 7, CH. 15.] An Act to amend section ten of the Local Government [11th August, 1903.] BE it enacted by the King'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: Note. An extract from a circular of the Local Government Board explaining the provisions of this Act follows the Act. Sect. I. (1.) Section ten of the Local Government Act, 1888, in so far as it authorises the transfer to county councils of certain powers, duties, and liabilities of Government departments, shall be construed as authorising the transfer by provisional order of all or any of those powers, duties, or liabilities to the council of a particular county or county borough, as well as to such councils generally. Notes.-Section 10 of the Act of 1888 is as follows:- (a) any such powers, duties, and liabilities of Her Majesty's Privy Council, and such Order shall make such exceptions and modifications as appear to be (2.) Provided that before any such Order is made, the draft thereof shall be approved, if it relates to the powers, duties, or liabilities of a Secretary of State, or the Board of Trade, or any other government department, by such Secretary of State, Board, or Department, and approved, if it affects the powers, duties, or liabilities of any commissioners, conservators, or body, corporate or unincorporate, by such commissioners, conservators, or body; and every such Provisional Order shall be of no effect until it is confirmed by Parliament. (3.) If any such powers, duties, or liabilities as are referred to in any Provisional Order under this section arise within two or more counties, they may be transferred to the county councils of such two or more counties jointly, and may be exercised and discharged by a joint committee of such councils. (4.) The Act of Parliament confirming any Provisional Order made under this section shall be a public general Act.” A transfer may be made under section 10 to the councils of county boroughs (s. 34). Sections 297 and 298 of the Public Health Act, 1875 (38 & 39 Vict. c. 55), apply to the making of a Provisional Order (51 & 52 Vict. c. 41, s. 87 (2)). Under section 297 public notice of the purport of a proposed Provisional Order has to be previously given by advertisement in two successive weeks in some local newspaper circulating in the district to which such Provisional Order relates; and in cases where the subject-matter is one to which a local inquiry is applicable, the Local Government Board must cause to be made a local inquiry of which public notice is to be similarly given. But where a Provisional Order transfers to county councils generally any powers, duties or liabilities of His Majesty's Privy Council, a Secretary of State, the Local Government Board, or other Government Department, it is not necessary to hold a local inquiry nor to advertise in any local newpaper (51 & 52 Vict. c, 41, s. 87 (3)). In 1889 the Local Government Board made a Provisional Order under section 10 of the Local Government Act, 1888, which was embodied in the Government Departments (Transfer of Powers) Provisional Order Bill. The Bill which was referred to a Select Committee of the House of Commons was strongly opposed by the non-county boroughs; and the Select Committee on the 23rd July, 1889, agreed to the following Report: -"That the objections in the evidence already submitted to the Committee upon the Bill referred to them opened up questions which appear to them to be beyond their powers, and that they are therefore unable to report thereon to your honourable House." The Bill was not proceeded with. The text of the Provisional Order of 1889 is given at pages 91 to 98 post. It must be borne in mind that subsequent legislation has affected some of the provisions referred to in the schedules to the Provisional Order. (2.) A provisional order shall not be made under this section except on the application of the council of a county or county borough. (3.) Where the Local Government Board propose to make a provisional order under this section transferring any power, duty, or liability to the council of a county or county borough. the Board shall give notice to all local authorities who, in the opinion of the Board, are likely to be affected by the transfer, and if, within such time as the Board prescribe, a majority of those authorities notify to the Board that they object to any such proposed transfer, the Order shall not be proceeded with so far as relates to that transfer, but without prejudice to the power of the Board to propose a new Order. (4.) For the purposes of this Act, the expression "local authorities" means the following local authorities, namely, the council of a borough or other urban district, a rural district council, a board of guardians, a metropolitan borough council, and the Common Council of the City of London. Sect. 2. This Act may be cited as the Local Government (Transfer of Powers) Act, 1903. EXTRACT FROM A CIRCULAR ADDRESSED TO COUNTY COUNCILS, 2. The Local Government (Transfer of Powers) Act, 1903 Under section 10 of the Local Government Act, 1888, the Local Government. Board are authorised to make from time to time Provisional Orders for transferring to county councils any powers, duties and liabilities of His Majesty's Privy Council, a Secretary of State, the Board of Trade, the Local Government. Board, the Board of Education, or any other Government Department that are conferred by or in pursuance of any statute, and appear to relate to matters within the county, and to be of an administrative character. This authority, however, can only be exercised generally, so that any transfer of powers, &c., made under the enactment must apply universally to all county councils. Section 1 (1) of the new Act extends the operation of section 10 of the Act of 1888 so as to authorise the Local Government Board to transfer by Provisional Orders powers, duties, or liabilities of Government Departments to the council of any particular county, as well as to such councils generally. Such a Provisional Order cannot be made except upon the application of the county council concerned (section 1 (2)). And it is further provided that where the Board propose to make a Provisional Order under the new Act, transferring any power, duty, or liability to a council of a county, they must first give notice to all local authorities, as defined by the Act, who in the opinion of the Board are likely to be affected by the transfer. If, within a prescribed time, a majority of L.G.B. Circular, these authorities notify to the Board that they object to any proposed transfer, the 11th Sept., 1903Order is not to be proceeded with so far as relates to that transfer, but without prejudice to the power of the Board to propose a new Order (section 1 (3)). The local authorities to whom notice must thus be given of any proposed transfer are defined by section I (4). They are the councils of boroughs, or other urban districts, rural district councils, boards of guardians, metropolitan borough councils, and the common council of the City of London, The provisions of section 10 (2) of the Local Government Act, 1888, will be applicable in the case of any Provisional Order made under the new Act, and accordingly before any such Order is made, the draft of it must be approved by the Government Department whose powers, duties or liabilities are proposed to be transferred. Applications for a Provisional Order under the new Act must be received by the Board before the end of November in any year, if it is desired that they shall be entertained with a view to the confirmation of a Provisional Order in the ensuing session of Parliament. Schedule to Government Departments (Transfer of Powers) Provisional Ordes under Section 10 of the Local Government Act, 1888. To Her Majesty's Principal Secretaries of State ;— To the Councils of the several Administrative Counties and County Boroughs in England and Wales ; And to all others whom it may concern. [Recital of Section 10 of the Local Government Act, 1888, &c.] Now therefore, We, the Local Government Board, in Pursuance of the powers given to Us by section 10 of the Local Government Act, 1888, and by any other Statutes in that behalf, do hereby Order that the following provisions shall take effect : Art. I. The several expressions in this Order shall have the same meaning as in the Local Government Act, 1888; but the expression "administrative county' shall include a county borough, and the expression "council" shall mean, in the case of a county, the council of the county, and in the case of a county borough, the Mayor, Aldermen, and Burgesses of the county borough, acting by the council. Art. II. This Order shall come into operation on the First day of September, One thousand eight hundred and eighty-nine. Art. III. The following powers, duties, and liabilities, so far as they arise within an administrative county, shall, subject to the provisions of the Local Government Act, 1888, and of this Order, be transferred to the Council; viz.,-(1.) Such of the powers, duties, and liabilities of a Secretary of State under the enactments mentioned in Columns 1 and 2 of schedule A. to this Order as are specified in Column 3 of that schedule. (2.) The powers, duties, and liabilities of the Board of Trade under the enactments mentioned in schedule B. to this Order. (3.) Such of the powers, duties, and liabilities of the Local Government Board under the enactments mentioned in Columns 1 and 2 of schedule C. to this Order as are specified in Column 3 of that schedule. L.G.B. Pro visional Order, 4th June, 1889 Provided that in any case where before the said First day of September, application has been made for the exercise of any of the powers or proceedings have been commenced in pursuance of or in fulfilment or satisfaction of any of the duties or liabilities hereby transferred, the power may be exercised, or the proceedings concluded, if the Secretary of State or, as the case may be, the Board of Trade or the Local Government Board think fit, as if the powers, duties, and liabilities had not been transferred as aforesaid; and that any question or difficulty which may arise as regards the conduct or continuation of any proceedings commenced before the said date, under or in relation to the said powers, duties, and liabilities, may be determined by one of Her Majesty's Principal Secretaries of State, or by the Board of Trade, or by the Local Government Board, as the case may be, who may give such directions in the matter as to him or them shall seem requisite. Art. IV. Where any power, duty, or liability mentioned in schedules A., B., and C. to this Order arises within two or more administrative counties, such power, duty, or liability shall be transferred to the councils jointly, and may be exercised and discharged by a joint committee of such councils. Art. V. No power, duty, or liability transferred to a council by this Order shall be delegated by the council to any district council. The SCHEDULES' above referred to. SCHEDULE A. POWERS, DUTIES, AND LIABILITIES OF A SECRETARY OF STATE. 3. Powers, Duties, and Liabilities transferred. Power to make representation to Her Majesty in Council with respect to any of the matters in the section mentioned. Approval of new burial ground or cemetery. Approval of new burial ground or cemetery. Power to order alteration of day for holding a The transfer of the powers, duties, and liabilities mentioned in this schedule is subject to the following provisions; that is to say, (1.) The council shall be substituted for one of Her Majesty's Principal Secretaries of State in section 7 of the Burial Act, 1852, in section 5 of the Burial Act, 1853, and in section 3 of the Burial Act, 1855, and in any Order 1 It must be borne in mind that subsequent legislation has affected some of the provisions referred to in these schedules. |