Chapter Act, 1848, or the Sewage Utilization Act, 1867), or for constituting them united districts.1 XXX. (8) For altering, in certain cases, the mode of defraying the expenses incurred by an urban authority for sanitary purposes.2 (9) For removing exemptions from assessment to general district rates under the Public Health Act, where similar exemptions from rating obtain under any local Act.3 (10) For settling doubts and differences and adjusting accounts arising out of any transfer of powers under the Public Health Act, 1875, or under any Provisional Order made under it, if for these purposes any rate has to be made or other thing to be done which, apart from the provisions of the Act, could not be done by law.* (11) For authorizing a gas undertaking by an urban authority, in certain cases,5 subject to the provisions of the Gas and Water Facilities Act, 1870, and of Acts amending that Act (see pp. 874-5). The majority of these Orders are made on the application of the local authority. Those, however, which appear under the heading of (1b), (5), (6), (7), and (9), may be initiated by the Board. Local Govern ment Board. II. Provisional Orders may also be granted by the Local ReadjustGovernment Board, under the Poor Law Amendment Act, 6 1867 (amended in detail by Acts of 18687 and 1879 8), 138 & 39 Vict. c. 55, s. 323. • Ib. s. 211:(1) (c.). • Ib. s. 304. 5 Ib. s. 161. 30 & 31 Vict. c. 106, ss. 2. 3. ment, or Division of Parishes. Local Govern ment Board. Extension of borrow XXX. parishes (on the application of "one-tenth part in value Chapter of owners of property and of ratepayers in the parishes interested in the subject.")1 III. Under the Poor Law Act, 1889,2 the Board may ing powers make a provisional order extending the maximum borrowing powers of the guardians of any union up to one-half of the total annual rateable value of their union. of guard ians. Housing of the working classes. IV. The improvement of the dwellings of the working classes, and of the sanitary condition of populous places, has been the subject of numerous Acts of Parliament, which have been repealed and their provisions amended and consolidated by the Housing of the Working Classes Act, 1890, applying to the United Kingdom. This Act, again, has been amended by the Housing of the Working Classes Act, 1903,5 but the latter Act does not extend to Scotland or Ireland. By the Act of 1890, the Local Government Board is empowered to grant Provisional Orders Under Part I. of the Act: (a) for authorizing a scheme, made by a "local authority" as defined in section 92 of the Act, for the improvement (by the rearrangement and reconstruction of streets and houses) of unhealthy areas in the local authority's district; but the order for authorizing This latter power has been extended and defined by the Divided Parishes Act and Poor Law Amendment Act, 1876 (39 & 40 Vict. c. 61), and by the amending Acts of 1879 and 1882 (42 & 43 Vict. c. 54; and 45 & 46 Vict. c. 58). Cf. also 51 & 52 Vict. c. 41, s. 57. 253 & 54 Vict. c. 56, s. 2 (3). By s. 5 of this Act the Local Government Board can issue Provisional Orders to enable the managers of the Metropolitan Asylum District to put in force the compulsory powers of the Lands Clauses Acts for the purchase of land adjacent to any asylum provided by them (cf. e.g. 57 & 58 Vict. (local and personal) c. cxxviii.). And by the Poor Law Act, 1897 (60 & 61 Vict. c. 29, s. 2), the Board can issue a provisional 3 53 & 54 Vict. c. 70. As to the application of the Act to Scotland cf. Part V. of the Act; and as to Ireland cf. Part VI., and 59 & 60 Vict. c. 11. $ 3 Edw. VII. c. 39. The powers which the Home Office also possessed under certain provisions of this Act were assigned to the Local Government Board, under s. 2 of the Act 3 Edw. VII. c. 39, by an Order in Council, dated 27th February, 1905. XXX. .Govern. ment Board. Chapter such scheme does not require confirmation by Parliament Local if land is not proposed to be taken compulsorily, or if the owner of land which is proposed to be compulsorily taken does not petition against the draft order before a prescribed time; and (b) for modifying a scheme so authorized if such modification involves a larger expenditure or the taking of land compulsorily, or if it injuriously affects other property without consent. Under Part II.: (a) for authorizing a scheme, similarly made, for the improvement of unhealthy areas which are too small to be dealt with as an unhealthy area under Part I. of the Act, the order in this case being only provisional upon confirmation by Act of Parliament if petitioned against by an owner before a prescribed time; and (b) for modifying a scheme so authorized if such modifications are of the kind described above. And under Part III. of the Act: for the compulsory acquisition of land by a local authority for the provision of "lodging-houses for the working classes." 3 In the case of an order for authorizing an improvement scheme under Part I. or Part II. of the Act, the committees to whom the bill for its confirmation is referred in Parliament are expressly empowered to award costs by a majority.1 mentary V. Under the Redistribution of Seats Act, 1885,5 the ParliaBoard, in the case of England or Wales, may make a Divisions, Provisional Order for determining any doubt as to the 1 See 3 Edw. VII. c. 39, s. 5. 2 The Local Authority, after the various preliminary proceedings prescribed by the Act of 1890 (53 & 54 Vict. c. 70), is enabled to make a scheme for either of the purposes (in Parts I. and II.), which are described in the text under the headings (a)-based upon petition to the Local Government Board, on whose approval the scheme is embodied in a Provisional Order for putting in force the compulsory powers of purchase provided by the Lands Clauses Acts, and otherwise for the execution of the scheme. See s. 53 of the Act (53 & 54 Vict. c. 70.) For this purpose, these compulsory powers, by the application of ss. 175 to 178 of the Public Health Act, 1875, can be put in force by the Local Government Board, in those cases where the local authority has adopted the part of the Act for providing lodging-houses for the working classes. 453 & 54 Vict. c. 70, ss. 9 and 39 (8). 548 & 49 Vict. c. 23, s. 23. Local Govern. ment Board. Local Government. XXX. parliamentary division of a county or borough in which a Chapter (1) For transferring to a county council, or a county borough council, "any powers, duties, or liabilities of any quarter sessions or justices, or any committee thereof, under any local Act," which are similar in character to the powers, &c., transferred to a county council by the Local Government Act.2 (2) For transferring to county councils (a) the powers of government departments conferred by statute and appearing to relate to county matters or to be of an administrative character; also (b) such powers within the county of commissioners of sewers, conservators, or other public body corporate or unincorporate (not being a borough corporation, or urban, or rural authority, school board, or board of guardians)—subject to the approval of the government department or public body affected. (3) For constituting (upon the application of the council of any of the counties concerned) a joint committee representing all the administrative counties through which a river or any tributary stream passes,1 for carrying out the provisions of the Rivers Pollution Prevention Act, 1876. (4) For dealing with every case where the council of a borough is not the urban sanitary authority for the whole of its area, and such area is wholly or partly included in an urban sanitary district, and for determining the area of the county district, providing for the council of the borough becoming the district council.5 1 51 & 52 Vict. c. 41. 2 51 & 52 Vict. c. 41, ss. 4 and 39. Ib. s. 10. By the Local Government Transfer of Powers Act, 1903 (3 Edw. VII. c. 15), the Board may, by such Provisional Order, transfer these powers to a particular county, 51 & 52 Vict. c. 41, s. 14. Chapter (5) For (a) altering the boundary of a county or borough ; (b) providing for the union of a county borough with a county; (c) providing for the union of any counties or boroughs or the division of any county; or (d) constituting a borough with a population of 50,000 into a county borough.1 (6) For enabling a county council to put in force the compulsory powers of the Lands Clauses Acts for the purchase of land for the purposes of the Act.2 (7) For authorizing the exercise of borrowing powers by a county council, where its total debt, or a proposed loan, exceeds one-tenth of the annual rateable value of the county.3 4 Local Govern ment Board, Govern VII. Under the London Government Act, 1899, the London Local Government Board may make a Provisional Order ment. for the compulsory acquisition of land for the purpose of any of the powers or duties of a metropolitan borough council. The Board may also make Provisional Orders, on the application of the London County Council and of the majority of the metropolitan borough councils, transferring powers from the county council to all the borough councils and vice versâ; and, on the application of the County Council and of the common council of the City of London, for a similar transfer between these two authorities. Board VIII. Under the Metropolis Water Act, 1902,5 the Local Water Government Board, when satisfied that an alteration is (Metronecessary either in the representation of boroughs and polis). urban districts, or in the number of members, on the Water Board created by the Act, may make a Provisional Order for the purpose; and in certain defined circumstances, on the application of the Water Board, they may 151 & 52 Vict. c. 41, ss. 54. 55. and 59. 2 Ib. s. 65. The purposes of the Act are bridges, county asylums, county buildings, police stations, and assize courts, &c. 3 Ib. s. 69 (2). Cf., further, s. 87 (2) of the Act; and s. 49, as extended by the Local Government Act, 1894. 62 & 63 Vict. c. 14, ss. 5. 28 (1), and Sched. II. $ 2 Edw. VII. c. 41, s, 26. |