And to all others whom it may concern. WHEREAS by sub-sections (1), (2), and (3) of Section 57 of the Local Government Act, 1888, it is enacted as follows: (1.) Whenever a county council is satisfied that a primâ facie case is made out as respects any county district not a borough, or as respects any parish, "for a proposal for all or any of the following things; that is to say,— "(a) the alteration or definition of the boundary thereof; ་ (b) the division thereof or the union thereof with any other such district or districts, parish or parishes, or the transfer of part of a parish to "another parish; "(c) the conversion of any such district or part thereof, if it is a rural dis trict, into an urban district, and if it is an urban district, into a rural "district, or the transfer of the whole or any part of any such district "from one district to another, and the formation of new urban or rural "districts; "(d) the division of an urban district into wards; and 66 "(e) the alteration of the number of wards, or of the boundaries of any ward, or of the number of members of any district council, or of the "apportionment of such members among the wards, "the county council may cause such inquiry to be made in the locality, and "such notice to be given, both in the locality, and to the Local Government "Board, Education Department, or other Government department as may be "prescribed, and such other inquiry and notices (if any) as they think fit, and "if satisfied that such proposal is desirable, may make an order for the same "accordingly. "(2.) Notice of the provisions of the order shall be given, and copies "thereof shall be supplied in the prescribed manner, and otherwise as the "county council think fit, and if it relates to the division of a district into "wards, or the alteration of the number of wards or of the boundaries of a "ward, or of the number of the members of a district council, or of the "apportionment of the members among the wards, shall come into operation upon being finally approved by the county council. (3.) In any other case the order shall be submitted to the Local Govern"ment Board; and if within three months after such notice of the provisions "of the order as the Local Government Board determine to be the first notice, "the council of any district affected by the order, or any number of county "electors registered in that district or in any ward of that district, not being "less than one-sixth of the total number of electors in that district or ward, Order. 22 Mar. 94. or if the order relates only to a parish, any number of county electors registered in that parish, not being less than one-sixth of the total number "of electors in that parish, petition the Local Government Board to disallow "the order, the Local Government Board shall cause to be made a local "inquiry, and determine whether the order is to be confirmed or not.” And whereas by sub-section (4) of Section 87 of the said Act it is enacted that "Where any matter is authorised or required by this Act to be prescribed, "and no other provision is made, declaring how the same is to be prescribed, "the same shall be prescribed from time to time by the Local Government "Board." And whereas We, the Local Government Board, by an Order dated the 14th day of September, 1889, prescribed certain Regulations with respect to the Inquiries to be made and the Notices to be given for the purposes of the said Section 57 of the Local Government Act, 1888, the manner of giving such Notices and the several other matters to be prescribed and determined for the purposes of the said Section; And whereas by Part III. of the Local Government Act, 1894, power is given to County Councils to make various Orders in relation to areas and boundaries and other matters as therein mentioned; And whereas by sub-sections (10) and (11) of Section 36 of the said Act, which is included in Part III. thereof, it is enacted that— "(10.) Subject to the provisions of this Act, any order made by a county "council in pursuance of this Part of this Act shall be deemed to be an order "under section fifty-seven of the Local Government Act, 1888, and any board "of guardians affected by an order shall have the same right of petitioning against that order as is given by that section to any other authority. 66 (11.) Where any of the areas referred to in section fifty-seven of the Local "Government Act, 1888, is situate in two or more counties, or the alteration "of any such area would alter the boundaries of a poor law union situate in "two or more counties, a joint committee appointed by the councils of those "counties shall, subject to the terms of delegation be deemed to have and to have always had power to make orders under that section with respect to "that area; and where at the passing of this Act a rural sanitary district or parish is situate in more than one county a joint committtee of the "councils of those counties shall act under this section." 66 64 And whereas by Section 41 of the said Act it is enacted that "The time for petitioning against an order under section fifty-seven of the "Local Government Act, 1888, shall be six weeks instead of three months "after the notice referred to in sub-section three of that section." 66 And whereas by sub-section (2) of Section 80 of the said Act it is enacted that— "The Local Government Board shall make regulations for expediting and simplifying the procedure under section fifty-seven of the Local Government "Act, 1888, in all cases in the year One thousand eight hundred and ninetyfour, for the purpose of bringing this Act into immediate operation, and "such regulations may dispense with the final approval of an order by the county council in cases where the prescribed notice of the proposed order "has been given before it is made by the county council." 66 And whereas by section 75 of the said Act it is enacted that, in that Act, unless the context otherwise requires, the expression "prescribed means prescribed by Order of the Local Government Board; And whereas by Section 83 of the said Act it is enacted that a County Council may delegate their powers under the Act to a Committee: NOW THEREFORE, We, the Local Government Board, in pursuance of the powers given to Us in that behalf, by this Our Order make the Regulations following for expediting and simplifying the procedure under Section 57 of the Local Government Act, 1888, in all cases in the year One thousand eight hundred and ninety-four, for the purpose of bringing the said Local Government Act, 1894, into immediate operation, and do Prescribe and Determine as follows: that is to say ARTICLE I.This Order shall, unless We shall otherwise direct, regulate the procedure under Section 57 of the Local Government Act, 1888, in all cases, in the year One thousand eight hundred and ninety-four, for the purpose of bringing the Local Government Act, 1894, into immediate operation, except cases in which Notice of a local Inquiry has been given before the date of this Order; and the said Order dated the Fourteenth day of September, One thousand eight hundred and eighty-nine, shall not apply in any case to which this Order applies. ARTICLE II.—(1.) A local Inquiry, at which all persons interested may attend and be heard, shall, prior to any Order being made by a County Council under Section 57 of the Local Government Act, 1888, be held in regard to the proposal, either by a Committee of the County Council, or by some Person appointed by the County Council to hold such Inquiry, as the Council may direct. (2.) The said inquiry shall, unless the County Council otherwise determine, be held at some convenient place in the County District, or in one of the County Districts, proposed to be dealt with, or in the County District within which is situate the Parish, or one of the Parishes, proposed to be dealt with, or at such place in the neighbourhood as may, in the opinion of the Committee or Person by whom the Inquiry is to be held, be most convenient for the purpose. (3.) At least ten days before the day when the Inquiry is to be held, public Notice of the purport of the proposal, and of the day, time, and place fixed for the Inquiry in regard to it, shall be given by the County Council by advertisement in some local newspaper circulating in the locality to which the proposal relates. ARTICLE III. At least ten days before the day when any such local Inquiry is to be held, a printed notice of the purport of the proposal, and of the day, time, and place for the Inquiry shall also be published in the manner herein-after prescribed, and shall be sent to the several Government Departments and Local or other Authorities herein-after specified; that is to say, (1.) A copy of the said Notice shall be posted as a bill or placard in such places in the County District or Districts or Parish or Parishes interested in the proposal as are ordinarily made use of for posting public or parochial notices. (2.) In any case where the proposal relates to the alteration of or other dealing with any Sanitary District, a copy of the notice shall be sent by the County Council to the Sanitary Authority of such District. (3.) In any case where the proposal relates to the alteration of or other dealing with any Parish a copy of the Notice shall be sent by the County Council to the Overseers of the Poor of such Parish; to the Guardians of the Poor of the Union in which such Parish is comprised; to the School Board (if any) for such Parish or for any part thereof; to the Highway Authority or Authorities of the Parish; to the Burial Board (if any) for such Parish or for any part thereof; and to the Urban Sanitary Authority (if any) in whose district such Parish or any part thereof is comprised. (4.) A copy of the Notice shall be sent by the County Council to any Local Authority which, n the opinion of the County Council, is specially interested in the proposal. (5.) A copy of every such Notice shall be sent by the County Council to the Local Government Board; and in any case where the proposal relates to the alteration of any area of local government a copy of the Notice shall be sent by the County Council to the Board of Agriculture, the Public Works Loan Commissioners, the Director General of the Ordnance Survey at Southampton, and to the Registrar General; and in any case where the proposal relates to the alteration or definition of the boundary of any parish a copy of the Notice shall be sent to the Education Department. ARTICLE IV.—(1.) If the case is one in which any Order made by a County Council under Section 57 of the Local Government Act, 1888, requires confirmation by the Local Government Board, public Notice of the provisions of any such Order. 22 Mar.. 94. A A Order. 22 Mar., 94. Order made by a County Council shall be given by the County Council by advertisement in some local newspaper circulating in each District or Parish affected by the Order; and such advertisement shall be published within ten days after the making of the Order. (2.) If the case is one in which any Order made by a County Council under Section 57 of the Local Government Act, 1888, does not require confirmation by the Local Government Board, public notice of the proposed Order shall, after the Inquiry required by Article II. hereof has been held, and not less than twenty-one days before the Meeting of the County Council at which the Order is proposed to be made, be given by the Clerk to the County Council by advertisement in some local newspaper circulating in each District affected by the Order. (3.) Any advertisement issued in pursuance of this Article shall contain either a copy of the Order, or proposed Order, as the case may be, or a statement of the effect of the Order, or proposed Order, and shall also contain a statement of the time and place or places during and at which copies of the Order, or proposed Order, may be inspected by any owner or ratepayer in any area affected by the Order, or proposed Order, during a period of fourteen days from the date of the publication of such advertisement, and the Order, or proposed Order, shall be open for such inspection during such period. (4.) There shall be appended to any proposed Order or Statement of a proposed Order advertised or deposited for inspection in pursuance of this Article, a Notice to the effect that any person interested in the proposed Order who objects thereto may attend and be heard at a Meeting of the County Council to be held on a day and at a time which shall be mentioned in the Notice if, not less than three days before the date of the Meeting, he sends to the Clerk of the Council a statement in writing of the nature of his objection. Article V.—(1.) A copy of any Order made or proposed to be made by a County Council as aforesaid shall, at any time while copies of the Order, or proposed Order, are open to inspection as aforesaid, and in the case of an Order which requires to be confirmed by the Local Government Board, at any time before the expiration of six weeks from the publication of the advertisement in pursuance of Article IV. (1.) hereof, be supplied by the Clerk to the County Council to any owner or ratepayer in any area affected by the Order, or proposed Order, upon payment by such owner or ratepayer of a sum not exceeding threepence for each hundred words of manuscript if the copy of the Order, or proposed Order, be in writing, or upon payment of a sum not exceeding threepence for a printed copy of the Order, or proposed Order. (2.) A copy of a proposed Order supplied in pursuance of this Article shall contain a Notice to the effect specified in Article IV. (4.) hereof. ARTICLE VI.-On or before the date of the publication in pursuance of Article IV. (1.) hereof of the advertisement of the provisions of any Örder made as aforesaid and requiring confirmation by the Local Government Board, three copies of the Order shall be forwarded to the Local Government Board and to each of the other Government Departments to whom a copy of the Notice of the Inquiry relative to the proposed Order was, by Article III. hereof, required to be sent ; a copy of the Order shall also be sent to each of the Local or other Authorities to whom a copy of such notice was so required to be sent, and a copy shall also be posted in like manner as the Notice of the Inquiry was, in pursuance of the same Article, required to be posted. ARTICLE VII.-The advertisement in pursuance of Article IV. (1.) hereof of the provisions of any Order made by a County Council under Section 57 of the Local Government Act, 1888, and requiring confirmation by the Local Government Board, shall be deemed to be the "first notice" for the purposes of Sub-section (3) of that Section as amended by Section 40 of the Local Government Act, 1894. ARTICLE VIII.—(1.) If the case is one in which any Order made under Section 57 of the Local Government Act, 1888, does not require confirmation by the Local Government Board, a copy of the proposed Order shall, on or before the date of the publication in pursuance of Article IV. (2.) hereof of the advertisement of the provisions of the proposed Order, be sent to each of the Local or other Authorities to whom a copy of the Notice of the Inquiry relative to the proposed Order was, by Article III. hereof required to be sent, and a copy shall also be posted in like manner as the Notice of the Inquiry was, in pursuance of the same Article, required to be posted. (2.) Any such copy shall contain a notice to the effect specified in Article IV. (4.) hereof. (3.) The final approval of the County Council of any such Order may be dispensed with, if the requirements of Article IV. hereof and of this Article have been complied with. (4.) When any such Order has been made by a County Council three copies thereof shall forthwith be forwarded to the Local Government Board and to each of the other Government Departments to whom a copy of the Notice of the Inquiry was required by Article III. hereof to be sent, and a copy of the Order shall also be at the same time sent to each of the Local or other Authorities to whom a copy of such Notice was so required to be sent. ARTICLE IX.-The expression County Council" in this Order shall include a Committee to whom the County County have delegated their powers under the Local Government Act, 1894, and also a Joint Committte appointed by any County Councils of Administrative Counties for the purpose of dealing with any case or cases in which such Councils are jointly interested, and, in any such lastmentioned case, references in this Order to the County shall be deemed to refer to either of the Counties interested, and references to the Clerk to the County Council to any person acting as Clerk to the Joint Committee or appointed by such Committee to discharge the duties of the Clerk to a County Council under this Order. Given under the Seal of Office of the Local Government Order. 22 Mar., 94. HUGH OWEN, Circular. Secretary. To County Councils, except the London County Council. President. Local Government Board, Whitehall, S. W., SIR, Local Government Act, 1894. 24th March, 1894. I am directed by the Local Government Board to draw the attention of the County Council to certain provisions of the Local Government Act, 1894, and especially to those under which powers and duties will devolve on the County Council for the purpose of bringing the Act into operation within the county. Every parish in a rural sanitary district, and in the case of a parish which is partly within a rural sanitary district, the part within such district will be for the purposes of the Act a rural parish. For every rural parish there will be a parish meeting, and for every rural parish which according to the census of 1891 has a population of 300 or upwards there will be a parish council, which will be elected by the parliamentary and county electors registered in the portions of the parliamentary and county registers relating to the parish. The parish meeting will consist of these persons, who are in the Act described as the parochial electors. It is not necessary for the present purpose to set out all the powers which will be possessed by a parish council, but in connection with the duties that will |