Oldalképek
PDF
ePub

SECT. 36. or parishes in the same district. See note to sub-section (1) (b)

Note.

Sub-sect. (3).

Sub-sect. (4).

supra.

In the absence of any such direction or order of the county council, the parts of the parish which are situate in each urban district will become a separate parish as if they had been so constituted under the Divided Parishes Acts. For the effect of this provision, see note to section 1, sub-section (3), ante, p. 4.

(3.) Where a parish is divided by this Act, the county council may by order provide for the application to different parts of that parish of the provisions of this Act with respect to the appointment of trustees or beneficiaries of a charity and for the custody of parish documents, but the order, so far as regards the charity, shall not have any effect until it has received the approval of the Charity Commissioners.

APPLICATION OF CERTAIN PROVISIONS OF THE ACT TO THE PARTS OF DIVIDED PARISHES.-A division of a parish by this Act, as distinguished from a division by an order under this Act, may take place in cases where a parish is at present situate in more than one rural district (see section 1, sub-section (3)) or in more than one urban district (sub-section (2) of this section).

But the power of a county council to make an order under this subsection may be construed to extend to cases where the division of a parish is made by an order of the council made by virtue of this Act.

The provisions of the Act with respect to the appointment of trustees and beneficiaries of a charity are contained in section 14, ante, p. 96. The custody of parish documents is dealt with in section 17, subsections (8), (9).

It would seem that the powers of a county council to provide for the matters mentioned in the text must be confined to the case of the division of a rural parish, for the provisions of the Act above mentioned relate only to the powers of parish councils and meetings. In urban districts a power to confer similar powers upon the district council is given to the Local Government Board by section 33, sub-section (2), ante, p. 154.

(4.) Where a rural parish is co-extensive with a rural sanitary district, then, until the district is united to some other district or districts, and unless the county council otherwise direct, a separate election of a parish council shall not be held for the parish, but the district council shall, in addition to their own powers, have the powers of, and be deemed to be, the parish council.

RURAL PARISH CO-EXTENSIVE WITH RURAL DISTRICT.-See note to sub-section (1) (e), supra.

Note.

The county council may make an order uniting such a district with SECT. 36. another district or districts, and if the district has less than five elected councillors, it will be their duty to make such an order unless for special reasons they deem it unadvisable. It will also be competent for the county council to direct that such a parish shall have a parish council as well as a district council, but such a direction would hardly be given except in peculiar circumstances.

There will of course be a parish meeting in such a parish having the powers and duties of the parish meeting of a parish which has a parish council. Where the district council and the parish council are one body, some of the powers of each must of necessity disappear, e.g., the power of a parish council to complain of the default of a district council under section 16, and the consent of the two distinct bodies to the proceedings as to highways which are dealt with by section 13.

(5.) Where an alteration of the boundary of any county Sub-sect. (5). or borough seems expedient for any of the purposes mentioned in this section, application shall be made to the Local Government Board for an order under section fifty-four of the Local Government Act, 1888.

ALTERATION OF COUNTY AND BOROUGH BOUNDARIES.-Under section 54 of the Act of 1888, the Local Government Board may, after local inquiry, make an order for the alteration of the boundary of a county or borough and for other consequential matters. Such an order is provisional only and has no effect unless confirmed by Parliament.

(6.) Where the alteration of a poor law union seems Sub-sect. (6). expedient by reason of any of the provisions of this Act, the county council may, by their order, provide for such alteration in accordance with section fifty-eight of the Local Government Act, 1888, or otherwise, but this provision shall not affect the powers of the Local Government Board with respect to the alteration of unions.

ALTERATION OF UNIONS.-The effect of this provision is to give to the county council, or in the case of a union situate in more than one county to the joint committee of county councils under subsection (11), infra, general powers to alter a union when that seems expedient by reason of any of the provisions of this Act, and in particular the powers of the Local Government Board under section 58 of the Act of 1888.

That section provides as follows :

"The Local Government Board where it appears expedient so to do with reference to any poor law union which is situate in more than one county instead of dissolving the union may by order provide that the same shall continue to be one union for the purposes of indoor paupers or any of those purposes, and shall be divided into two or more poor law unions for the purpose of out-door relief, and may by the

SECT. 36. order make such provisions as seem expedient for determining all other matters in relation to which such union is to be one union or two or more unions."

Note.

Sub-sect. (7).

Sub-sect. (8).

The powers of the Local Government Board to dissolve or alter poor law unions depend upon 4 & 5 Will. 4, c. 76, s. 32; 7 & 8 Viet. c. 101 s. 66; 31 & 32 Vict. c. 122, s. 4; 39 & 40 Vict. c. 61, s. 11.

(7.) Where an order for the alteration of the boundary of any parish or the division thereof, or the union thereof or of any part thereof, with another parish is proposed to be made after the appointed day, notice thereof shall, a reasonable time before it is made, be given to the parish council of that parish, or if there is no parish council, to the parish meeting, and that parish council or parish meeting, as the case may be, shall have the right to appear at any inquiry held by the county council with reference to the order, and shall be at liberty to petition the Local Government Board against the confirmation of the order.

NOTICE TO PARISH OF PROPOSED ALTERATION IN ITS BOUNDARY. No notice need be given to a parish if any order proposed to be made before the appointed day, that is to say, before the day upon which the first parish council comes into office, or where there is to be no parish council, the day fixed for the first elections under this Act (see section 84, post).

After the appointed day, if there is a parish council, the notice required by this sub-section may be given to the clerk of the parish council if such an officer exists as will no doubt be the case in most parishes (Schedule I., Part 2, Rule (15); and see section 17, subsection (1), and note, ante, p. 108).

Notice to a parish meeting may be given to the chairman of that meeting (Schedule I., Part 1, Rule (11)).

As to petitions to the Local Government Board against the confirmation of an order altering areas or boundaries, see section 57, sub-section (3) of the Act of 1888, ante, p. 158.

(8.) Where the alteration of the boundary of any parish, or the division thereof or the union thereof or of part thereof with another parish, seems expedient for any of the purposes of this Act, provision for such alteration, division, or union may be made by an order of the county council confirmed by the Local Government 51 & 52 Vict. Board under section fifty-seven of the Local Government Act, 1888.

c. 41.

ORDERS OF COUNTY COUNCIL ALTERING AREAS.-Section 57 of the Act of 1888 (set out, ante, p. 158), in accordance with which

orders under sub-section (1) of this section are to be made, gives full power to county councils to make orders as to the matters mentioned in this sub-section, both as to parishes and as to county districts. It is difficult to see why the present provision is required in addition to that contained in sub-section (1); neither provision is in terms limited to orders made for the purpose of bringing the Act into operation at the outset; but the present clause may have been inserted in case subsection (1) might be held not to extend to orders made for the alteration, division, and union of parishes for purposes other than those mentioned in sub-section (1), such as, for instance, to orders under section 53, post, altering the areas under an adoptive Act.

(9.) Where a parish is by this Act divided into two or more parishes, those parishes shall, until it is otherwise provided, be included in the same poor law union in which the original parish was included.

DIVIDED PARISHES TO REMAIN IN THEIR ORIGINAL POOR LAW UNION.-This provision seems to relate to parishes divided by virtue of section 1, sub-section (3), and sub-section (2) of the present section. Where a parish is divided by the order of a county council that order may provide for the inclusion of the divided parishes in the same or in different unions, and may, if it is deemed expedient, alter the boundaries of unions (ante, p. 169, sub-section (6)). A county council may make similar orders with respect to divided parishes created by the Act itself.

SECT. 36.

Note.

Sub-sect. (9).

(10.) Subject to the provisions of this Act, any order Sub-sect. (10). 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.

See section 57 of the Act of 1888, ante, p. 158.

Sub-section (3) of that section relates to petitions against the confirmation of orders of county councils.

Guardians can hardly be affected unless the union is altered under subsection (6). If so, it would seem that an order under that sub-section requires confirmation by the Local Government Board. See section 57, sub-section (3) of the Local Government Act, 1888, ante, p. 158. See also section 40, which expressly provides that certain orders therein named shall not require confirmation.

(11.) Where any of the areas referred to in section Sub-sect. (11). 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

SECT. 36. 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 committee of the councils of those counties shall act under this section, and if any of those councils do not, within two months after request from any other of them, appoint members of such joint. committee, the members of the committee actually appointed shall act as the joint committee. Provided that any question arising as to the constitution or procedure of any such joint committee shall, if the county. councils concerned fail to agree, be determined by the Local Government Board.

50 & 51 Vict. c. 61.

JOINT COMMITTEES OF COUNTY COUNCILS.-See note to subsection (1), ante.

Sub-sect. (12). (12.) Every report made by the Boundary Commissioners under the Local Government Boundaries Act, 1887, shall be laid before the council of any administrative county or borough affected by that report, and before any joint committee of county councils, and it shall be the duty of such councils and joint committees to take such reports into consideration before framing any order under the powers conferred on them under this Act.

REPORTS OF BOUNDARY COMMISSIONERS.-These commissioners were appointed under 50 & 51 Vict. c. 61 to enquire

(a.) as to the best mode of so adjusting the boundaries of the county and of other areas of local government, as to arrange that no union, borough, sanitary district, or parish shall be situate in more than one county; and

(b.) as to the best mode of dealing with parts of the county which are wholly or nearly detached from the county; and

(c.) as to the best mode of dealing with the cases where a borough is not an urban sanitary district, and is wholly or partly comprised in an urban sanitary district; and

(d.) as to any alteration of boundaries, comfirmation of areas or administrative arrangements incidental to or consequential on any alteration which they may recommend in the boundaries of any county, union, borough, sanitary district, or parish. Section 53 of the Act of 1888 requires the report of the commissioners

« ElőzőTovább »