GENERAL RULES, DATED APRIL 17, 1883, FOR THE EFFECTUAL EXECUTION OF PART IV. OF THE MUNICIPAL CORPORATIONS ACT, 1882. [These Rules are printed under the title "Supreme Court, England."] GENERAL ORDER OF THE LOCAL GOVERNMENT BOARD, DATED NOVEMBER 20, 1894, FIXING THE SCALE OF EXPENSES FOR ELECTIONS UNDER THE LOCAL GOVERNMENT ACT, 1894. 1894. No. 739. [This Order is printed under the title "District Council, England."] 2. Inquiries and Notices. THE LOCAL GOVERNMENT ACTS (INQUIRIES AND NOTICES) COUNTY BOROUGHS ORDER, 1902. DATED NOVEMBER 29, 1902. 1902. No. 904. To the Mayor, Aldermen, and Burgesses of the several -- To the County Councils of 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 * 51 & 52 Vict. c. 41. 18042 3 E "a borough, or as respects any parish, for a proposal for all 66 or any of the following things; that is to say,— "(a) the alteration "thereof; or definition of the boundary "(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; 66 "(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 66 66 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 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 otherwise as the county council think fit, " and if it relates to the division of a district into wards, 66 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 apportionment of the "members among the wards, shall come into operation "upon being finally approved by the county council. 66 66 66 (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. 66 "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 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— 66 "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 sub-section (11) of Section 36 of the Local Government Act, 1894, it is enacted that 66 66 * (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 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." 66 66 And whereas by Section 41 of the Local Government Act, 1894, it is enacted that 66 "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 section 75 of the said Local Government Act, 1894, 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 divers special Orders, We, the Local Government Board, have made Regulations under the hereinbefore recited enactments with respect to certain County † 51 & 52 Vict. c. 41. 18042 * 56 & 57 Vict. c. 73. 3 E 2 Boroughs and the Councils of such County Boroughs and the said Orders are still in force; Now therefore, in pursuance of the powers given to Us in that behalf, We do hereby rescind all the Orders issued by Us prescribing Regulations as to Inquiries and Notices under the herein-before recited enactments in regard to any County Borough and the Council of any County Borough: Provided that nothing in this Order shall affect the validity of any proceedings which may have been taken or commenced prior to the date hereof under any Order hereby rescinded. And we do by this Our Order, unless and until We shall otherwise Direct, Prescribe and Determine as follows, so far as regards any County Borough and the Council of any County Borough, with respect to the Inquiries to be made and the notices to be given for the purposes of Section 57 of the Local Government Act, 1888, the manner of giving such notices, and the several other matters to be prescribed and determined for the purposes of the said Section; that is say, ARTICLE I. (1.) A local Inquiry, at which all persons interested may attend and be heard, shall, prior to any Order being made by the Council 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 II. 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 prescribed, 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 places in the Parish or Parishes interested in the proposal as are ordinarily made use of for posting public or parochial notices. |