Circular. 30 April, 94. Some inquiries have been addressed to the Board with respect to the powers of joint committees appointed in pursuance of the Act, and the Board may state that they are advised that the provisions of section 81 of the Local Government Act, 1888, apply to joint committees formed for any of the purposes mentioned in subsection (11) of section 36 of the present Act, and also to joint committees formed for the purposes of section 60 of that Act. The Board, consider, therefore, that subject to an appeal to them in cases coming under section 36 (11) if the councils do not agree, the powers of the joint committee could be restricted by the councils appointing them by the terms of delegation, and, if those councils thought fit, those terms might be such as to make the proceedings of the committee subject to confirmation by the councils. The Board may add, however, that in their opinion it is very desirable that, as a general rule, the terms of delegation should be such as not to render any confirmation necessary. The same remarks apply to cases where, for any purpose connected with the Act of 1894 in respect of which two or more county councils (as defined by that Act) are jointly interested, a joint committee of those councils is appointed, although the Act contains no express provision for such an appointment. The Town Clerk. I am, Sir, Your obedient Servant, HUGH OWEN, Secretary. 31,100 LOCAL GOVERNMENT ACT, 1888, and LOCAL GOVERNMENT ACT, 1894. COUNTY BOROUGHS. Regulations as to Inquiries and Notices during 1894. (27th April, 1894.) To the Town Councils of the several To the County Councils for the several Administrative 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 district 66 66 "(e) the alteration of the number of wards, or of the boundaries of any ward, 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. 66 66 66 "(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 appor"tionment 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 Government "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, 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 deter"mine whether the order is to be confirmed or not.' And whereas in pursuance of Section 34 of the said Act, the Mayor, Aldermen, and Burgesses of each County Borough, acting by the Council, have and are subject to such of the powers, duties, and liabilities of a County Council under the said Section 57 of the said Act, as relate to Parishes; 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 in regard to the matters required by the said Section 57 to be prescribed no provision other than that contained in the said Section 87 is made, declaring how such matters are to be prescribed ; 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. “(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 Order. 27 April, 94. Order. 27 April, 94 "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 committee of the councils. "of those counties shall act under this section." 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." 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 ninety"four, 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.” And whereas by Section 75 of the said Act it is enacted that, in that Act, unless the context otherwise requires, the expression "County" includes a County Borough, and the expression "County Council" includes the Council of a County Borough, and 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 as regards any County Borough and the Council of any County Borough, 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 ninetyfour, for the purpose of bringing the said Local Government Act, 1894, into immediate operation, and do Prescribe and Determine as follows as regards any County Borough and the Council of any County Borough; that is to say, ARTICLE I. This Order shall, unless We shall otherwise direct, regulate the procedure of the Council of every County Borough 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 any Order previously issued by Us regulating the procedure under the said Section, and in force in any County Borough, 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 the Council of a County Borough under Section 57 of the Local Government Act, 1888, be held in regard to the proposal, either by a Committee of the Council, or by some Person appointed by the Council to hold such Inquiry as the Council may direct. (2). The said Inquiry shall, unless the Council otherwise determine, be held at some convenient place in the Parish, or in one of the Parishes proposed to be dealt with, or at such other place in the Borough or 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 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 pre. scribed, 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 (2.) A copy of the Notice shall be sent by the Council to the Overseers of the Article IV.—(1.) Public Notice of the provisions of any Order made by a Council under Section 57 of the Local Government Act, 1888, shall be given by the Council by advertisement in some local newspaper circulating in each Parish affected by the Order; and such advertisement shall be published within ten days after the making of the Order. (2.) The said advertisement shall contain either a copy of the Order, or a statement of the effect of the Order, and shall also contain a statement of the time and place or places during and at which copies of the Order may be inspected by any owner or ratepayer in any area affected by the Order during a period of fourteen days from the date of the publication of such advertisement, and the Order shall be open for such inspection during such period. ARTICLE V.--A copy of any Order made by a Council as aforesaid shall, 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 of the Council to any owner or ratepayer in any area affected by the 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 be in writing, or upon payment of a sum not exceeding threepence for a printed copy of the Order. ARTICLE VI.—On or before the date of the publication in pursuance of Article IV. (1.) hereof the advertisement of the provisions of any Order made as aforesaid 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. (4) 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 Council under Section 57 of the Local Government Act, 1888, 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.-The expression "Council" in this Order shall mean the Town Council of any County Borough, and shall include a Committee to whom the Council have delegated their powers under the Local Government Act, 1894, and also a Joint Committee appointed by any such Councils, or by any such Council or Councils and the County Council or Councils of any Administrative County or Counties, for the purpose of dealing with any case or cases in which Order. 27 April, 94 Order. 27 April 94. such Councils are jointly interested, and, where any such Joint Committee is appointed, references in this Order to the County Borough shall be deemed to refer to each of the County Boroughs or Counties interested, and references to the Clerk of the Council to any person acting as Clerk to the Joint Committee or appointed by such Committee to discharge the duties of the Clerk of a Council under this Order. |