Powers of guardians. Local Acts. Definition of Change of name. Provision where failure to elect. powers and duties under any local and personal Act as the existing Board of Guardians (s. 60 (5)). Under local Acts, Boards of Guardians sometimes exercise the powers of overseers, or collect the rates, or have other powers not possessed by guardians under the general law. On an application of a Board of Guardians, agreed to by a majority at two successive meetings, the Local Government Board may, by a provisional order which requires the confirmation of Parliament, repeal or alter any of the provisions of such a local Act [Poor Law Amendment Act, 1867 (30 & 31 Vict. c. 106), s. 2; Poor Law Amendment Act, 1868 (31 & 32 Vict. c. 122), s. 3]. DISTRICT COUNCILS. In the Local Government Act, 1894, and every other Act, unless the context otherwise requires, the expression "District Council" is to include the Council of every urban district, whether a borough or not, and of every rural district, and the expression "county district" is to include every urban and rural district whether a borough or not (s. 21 (3)). This provision has no application to a county borough (s. 35); and the Council of a county borough will not, except where it may be otherwise provided, be a "District Council," nor will the borough be a "county district." Any District Council may, with the sanction of the County Council, change their name and the name of their district. The change of name is to be published in such manner as the authority authorising the change may direct, and must be notified to the Local Government Board. The change will not affect any rights or obligations of any parish, district, council, authority, or person, or render defective any legal proceedings, and any legal proceedings may be continued or commenced as if there were no change of name (s. 55). The authority authorising the change of name would be the County Council, and it rests with them to direct the mode of publication. In terms the provision relates to every District Council, and enables the name of a borough to be changed, but it does not seem applicable to a borough. If any District Council, other than a Borough Council, become unable to act, whether from failure to elect or otherwise, the County Council of the county in which the district is situate may order elections to be held, and may appoint persons to form the District Council until the newly elected members come into office (s. 59 (5)). Where there is a failure to elect guardians, the persons elected on the previous occasion may continue under section 10 of the Poor Law Amendment Act, 1842 (5 & 6 Vict. c. 57), to act as guardians until the next election. But this would be subject to the provision in section 24 (3) of the Local Government Act, 1894, under which persons appointed by the County Council to form a Rural District Council would be the representatives on the Board of Guardians of the parish or area for which they were appointed rural district councillors. RURAL DISTRICT COUNCILS. For every Rural Sanitary District there is to be a Rural District Council whose district is to be called a Rural District (s. 21 (2)). The Rural District Council succeeds under section 25 the Rural Sanitary Authority. Rural district councillors will represent the areas for which they are elected on the Board of Guardians; but otherwise there will be no connection between the new Rural District Councils and the Boards of Guardians and the respective bodies will be entirely independent authorities. Establishment of Council. A Rural District Council will consist of a chairman and councillors, Constitution of and the councillors will be elected by the parishes or other areas for the election of guardians in the district. The provisions of the Act relating to the number, qualification, election, term of office and retirement of guardians, as shown on pages 121 to 126, apply to rural district councillors. The chairman of the Rural District Council may be elected from outside the councillors (s. 59 (1)). Where a Rural Sanitary District is on the appointed day situate in more than one Administrative County, such portion of the district as is situate in each administrative county will, save as otherwise provided by or in pursuance of the Local Government Act, 1894, or any other Act, be as from the appointed day a rural district. If the number of councillors of any district so formed will be less than five, the provisions so far as unrepealed, of section 9 of the Public Health Act, 1875, with respect to the nomination of persons to make up the members of a rural authority to five, are to apply, unless the Local Government Board by order direct that the affairs of the district shall be temporarily administered by the District Council of an adjoining district in another county with which it was united before the appointed day, and, if they so direct, the councillers of the district will be entitled, so far as regards those affairs, to sit and act as members of that District Council, but a separate account is to be kept of receipts and expenses in respect of the district, and the same are to be credited or charged separately to the district (s. 24 (5)). The provisions of section 9 of the Public Health Act, 1875, referred to, are to apply to the District Council of a rural district to which they applied at the passing of the Local Government Act, 1894 (s. 24 (6)). Persons nominated to make up the members of a Rural District Council to five will not be guardians of any union of which the Rural District may form a part. Under section 36 (1) (i) a Joint Committee of the County Councils Districts in more than one County. than one county. Powers of Districts in more concerned may, for special reasons, by order direct that the division of a rural district situated in more than one county shall not take place. The order must be made before the appointed day. It will County Councils. be the duty of the County Council to provide, unless for special reasons they otherwise direct, for uniting every rural district which will have less than five elected councillors to some neighbouring district or districts (s. 36 (1) (iii)). There will be two classes of small rural districts to be dealt with by the County Councilthose that now exist, and those which will be created by the division of districts in more than one county. Where the County Council direct that such a small rural district shall not be united with any neighbouring district, the Local Government Board are authorised under the unrepealed provisions of section 9 of the Public Health Act, 1875, from time to time by order to nominate such number of persons as are necessary to make up the number of five councillors. The persons so nominated should be qualified to be rural councillors (s 20 (2)). Instead of increasing the number of councillors the Local Government Board may, in the case of a small Rural District Council formed by the division under the Act of a district in more than one county, order that the affairs of the district shall be temporarily administered by the undivided District Council, but separate accounts are to be kept in respect of such small district. An arrangement of this character is to be temporary only, and the intention of the provision seems to be that the arrangement should be continued only so long as to allow of the necessary administrative changes being conveniently made for the purpose of absorbing the small district in one or more neighbouring districts. Officers of divided districts. Incorporation of Council. Common seal. Where a rural sanitary district is divided by the Act, any officer for the district will hold his office as such officer for each district formed by the division, and his salary is to be borne by the respective districts in proportion to their rateable value at the commencement of the local financial year next after the passing of the Act (s. 81 (5)), that is on the 1st of April, 1894.1 Every District Council for a rural district will be a body corporate by the name of the District Council, with the addition of the name of the district, or if there is any doubt as to the latter name, of such name as the County Council direct, and will have perpetual succession and a common seal, and may hold land for the purposes of their powers and duties without licence in mortmain (s. 24 (7)). The title of a Rural District Council under this provision is "The Rural District Council for the Rural District of [Battle.]" There may be a doubt as to the name of a new rural district formed by the 1 See remarks on page 12 as to the similar provision with respect to divided parishes. division of a rural district in more than one county. Provision is made in section 55 (3) for changing the names of councils and districts where desired.' URBAN DISTRICT COUNCILS. Urban Sanitary Authorities are from the appointed day to be called Urban District Councils, and their districts are to be called urban districts; but the style or title of the Corporation or Council of a Borough is not to be altered by this provision (s. 21 (1)). In the case of urban districts the Local Government Act, 1894, establishes no new authorities, although it materially alters the constitution and mode of electing urban authorities other than Town Councils. There will consequently be no break in the continuity of the authorities, and the change of name will not affect the identity of an urban sanitary authority as a corporate body or derogate from their powers, and any enactment, whether in a public, general, or local and personal Act, referring to the members of the authority will, unless inconsistent with the Local Government Act, continue to refer to the members of the authority under its new name. District Council may, with the sanction of the County Council, change their name and the name of their district' (s. 55 (3)). Urban Sanitary become District Councils. Authorities A Change of name. There is no express provision in the Act with respect to the style which Urban District Councils should assume; but, following the analogy of Rural District Councils, the name of an Urban District Council should be "The Urban District Council for the The constitution of and mode of election and retirement of Mode of members of Urban District Councils, not being Town Councils, is election, &c. practically the same as prescribed for Rural District Councils. The Act does not in any way affect the election of Town Councils. The parochial electors of the parishes in the district are the Electors. electors of the councillors, and, if the district is divided into wards, the electors of the councillors for each ward are such of the parochial electors as are registered in respect of qualifications within the ward (s. 23 (3)). Each elector may give one vote and no more for each of any One man, one number of persons not exceeding the number to be elected (s. 23 (4)). vote. election. The election is to be, subject to the provisions of the Act, Conduct of conducted according to rules framed by the Local Government Board (s. 23 (5)).* No person is qualified to be elected or to be a councillor unless Qualifications he is a parochial elector of a parish within the district, or has during 1 See page 128. 2 See pages 121 to 123. 3 See page 206. 4 See page 221. See page 217 as to the disqualifications for the office of district councillor. of councillors. Councillor. Qualification of the whole of the twelve months preceding the nomination (s. 75 (2)) resided' in the district, and no person is to be disqualified by sex or marriage for being elected or being a councillor. So much of any enactment, whether in a public, general, or local and personal Act, as relates to the qualification of a member of an urban sanitary authority is repealed (s. 23 (2)). Term of office. Wards of urban district. Wards, &c., Two alternative qualifications are prescribed for a councillor of an urban district other than a borough, namely, residence as above described or registration as a parochial elector. The term of office of a councillor is three years, and one-third, as nearly as may be, of the Council, and if the district is divided into wards one-third, as nearly as may be, of the councillors for each ward, will go out of office on the 15th of April in each year, and their places will be filled by the newly elected councillors; but a County Council may on request made by a resolution of an Urban District Council, passed by two-thirds of the members voting on the resolution, direct that the members of the Council shall retire together on the 15th of April in every third year, and the order is to have full effect (s. 23 (6)). In every part of the district there will be an election of urban councillors in each year. An urban district other than a borough may be divided into wards by an order of the County Council under section 57 of the Local Government Act, 1888. The County Council may also by an order under the same section alter the number of wards or the boundaries of any ward, or the number of members of the District Council, or the apportionment of the members under local Acts. among the wards (51 & 52 Vict. c. 41, s. 57). Where any wards of an urban district have been created, or any number of members of an urban sanitary authority fixed, by or in pursuance of any local and personal Act, such wards and number of members will continue and be alterable in like manner as if they had been fixed by an order of the County Council under the Local Government Act, 1894, or any other Act (Local Government Act, 1894, s. 89), but this provision has no application to a borough. Mode of retirement. Retirement of first elected councillors. Members of local boards now retire in the mode provided by subsection 6 of section 23 of the Local Government Act, 1894, but the provision in that subsection enabling a simultaneous triennial retirement of members to be directed by the County Council is entirely new. Subject to an order directing the simultaneous retirement of councillors, one-third as nearly as may be of the urban district councillors first elected under the Act will continue in office until the 15th of April, 1896, and then retire, and one-third as nearly as may 1 See page 29 as to what constitutes residence. 2 The section is reprinted at page 363 of the Appendix. |