SECT. 36.

Duties and

powers of

county council with respect to areas and boundaries.

PART III.

AREAS AND BOUNDARIES.

36. (1.) For the purpose of carrying this Act into effect in the case of

(a.) every parish and rural sanitary district which at the passing of this Act is situate partly within and partly without an administrative county; and

POWERS OF COUNTY COUNCILS AS TO AREAS AND BOUNDARIES, --The duties of county councils under this section are in addition to and in a sense dependent upon their powers under section 57 of the Local Government Act, 1888, which is incorporated with the present enactment. Moreover the procedure under section 57, in relation to all cases in the year 1894, has been modified by an order of the Local Government Board made under section 80, sub-section (2), post, for the purpose of bringing this Act into immediate operation. It has, therefore, been thought convenient before dealing with the present section to set out section 57 in full together with the order of the Local Government Board, which modifies the procedure under it. Section 57 of the Act of 1888 is 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, 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
(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 SECT. 36. 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 other-
wise 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 dis-
trict 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 determine whether the order is to be con-
firmed or not.

"(4.) If any such petition is not presented, or being presented is with-
drawn, the Local Government Board shall confirm the order.

66

(5.) The Local Government Board, on confirming the order, may
make such modifications therein as they consider necessary for
carrying into effect the objects of the order.

“(6.) An order under this section, when confirmed by the Local
Government Board, shall be forthwith laid upon the table of
both Houses of Parliament, if Parliament be then sitting, and,
if not, forthwith after the then next meeting of Parliament.
"(7.) This section shall be in addition to, and not in derogation of,
any power of the Local Government Board in respect of the
union or division or alteration of parishes."

An Order has been made (under section 80 (2), post) by the Local Government Board, dated the 22nd of March, 1894, and is as follows:

"Article 1.-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

Note.

SECT. 36. fourteenth day of September, one thousand eight hundred and eightynine, shall not apply in any case to which this Order applies.

Note.

"Article 2.-(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 3.—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 hereinafter prescribed, and shall be sent to the several Government Departments and local or other authorities hereinafter 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 anthority 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 SECT. 36. local authority which, in 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 4.—(1.) If the case is one in which any Order made by a county conncil 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 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 2 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.

Note.

M

SECT. 36.

Note.

"Article 5.--(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 4 (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 4 (4) hereof.

Article 6.-On or before the date of the publication in pursuance of Article 4 (1) hereof of the advertisement of the provisions of any Order 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 3 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 7.-The advertisement in pursuance of Article 4 (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 8.—(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 4 (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 3 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 4 (4) hereof.