CHAPTER XIII. Extent of Repeals. General Repeal of inconsistent provisions. Effect of repealing section. Repeals-Effect of Repeal. THE Second Schedule of the Local Government Act, 1894,' contains a table of enactments which are expressly repealed as from the appointed day to the extent mentioned in the third column of the Schedule. The enactments repealed are provisions superseded, or practically repealed, by other provisions of the Act, and, where necessary, allusion has been made to the repeals in connection with the subjects to which the repealed provisions respectively relate. It is to be remembered that some of the provisions are repealed to a certain extent only; for instance, the provisions relating to vestries are repealed so far as they would otherwise relate to Parish Meetings and Parish Councils under the Act, and the provision in section 10 of the Poor Law Amendment Act, 1867 (30 & 31 Vict. c. 106), which enables Corporations to vote as ratepayers by officers appointed for that purpose, is repealed so far as it relates to elections of guardians. That provision of the Act of 1867 may still have application where the owners and ratepayers vote, as in urban parishes and, in some instances, perhaps, in rural parishes also (see page 22). Besides the express repeals contained in the Second Schedule, so much of any Act, whether public, general, or local and personal, as is inconsistent with the Local Government Act is also repealed (s. 89). The effect of a repealing section of an Act depends upon section 38 of the Interpretation Act, 1889 (52 & 53 Vict. c. 63), which enacts that where any Act repeals and re-enacts, with or without modification, any provisions of a former Act, references in any other Act to the provisions so repealed, shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted; and where any Act repeals any other enactment, then unless the contrary intention appears, the repeal shall not (a) revive anything not in force or existing at the time at which (b) affect the previous operation of any enactment so repealed or See page 290 of the Appendix. (c) affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture, or punishnient incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding, or remedy in respect. of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any such penalty, forfeiture, or punishment may be imposed, as if the repealing Act had not been passed. Appendix A. FULL TEXT OF THE LOCAL GOVERNMENT ACT, 1894. [56 & 57 VICT. CH. 73.] ARRANGEMENT OF SECTIONS. Section. PART I. PARISH MEETINGS AND PARISH COUNCILS. Constitution of Parish Meetings and Parish Councils. Constitution of parish meetings and establishment of parish councils. I. 2. Parish meetings. Powers and Duties of Parish Councils and Parish Meetings. 5. Parish council to appoint overseers. 6. Transfer of certain powers of vestry and other authorities to parish council. Transfer of powers under adoptive Acts. Additional powers of parish council. 7. 8. 20. 21. 22. Election and qualification of guardians. Names of county districts and district councils. 23. Constitution of district councils in urban districts not being boroughs. 25. Powers of district council with respect to sanitary and highway matters. 26. Duties and powers of district council as to rights of way, rights of common, and roadside wastes. Section, 27. Transfer of powers of justices to district council. 28. Expenses cf urban district council. 29. Expenses of rural district council. 30. Guardians in London and county boroughs. 31. Provisions as to London vestries and district boards. 32. Application to county boroughs of provisions as to transfer of justices' powers. 33. Power to apply certain provisions of Act to urban districts and London. 34. Supplemental provisions as to control of overseers in urban districts. 35. Restrictions on application of Act to London, &c. 36. 37. 38. 39. 40. 41. PART III. AREAS AND BOUNDARIES. Duties and powers of county council with respect to area and boundaries. Provisions for increase and decrease of population. Certain orders of county council not to require confirmation. Reduction of time for appealing against county council orders. 42. Validity of county council orders. 48. 49. Supplemental provisions as to elections, polls, and tenure of office. Provision as to parish meeting for part of parish. 50. Supplemental provisions as to overseers. Effect on parish council of constitution of urban district. 56. Committees of parish or district councils. 57. Joint committees. 58. Audit of accounts of district and parish councils and inspection. Supplemental provisions as to district councils. 59. Miscellaneous. 60. Supplemental provisions as to guardians. 61. Place of meeting of parish or district council or board of guardians. 62. Permissive transfer to urban district council of powers of other authorities. 63. Provisions as to county council acquiring powers of district council. 64. County council may act through district council. Section. 65. Saving for harbour powers. 66. Saving for elementary schools. 67. Transfer of property and debts and liabilities. 68. Adjustment of property and liabilities. 69. Power to deal with matters arising out of alteration of boundaries. Summary proceeding for determination of questions as to transfer of powers. Provisions as to local inquiries. Provision as to Sundays and bank holidays. 70. 71. 72. 73. 74. 75. 76. Extent of Act. Provisions as to Scilly Islands. Construction of Act. |