POWERS OF THE LOCAL GOVERNMENT BOARD. See the following headings: Adoption of the Local Government Acts, pp. 222–227. Audit of Accounts, p. 188. Baths and Wash-houses, p. 206. Borrowing Powers, pp. 176, 181, 182, and 185. Byelaws, p. 27. Combination of Authorities and Union of Districts, p. 7. Dwellings, p. 73. Election of Local Boards, pp. 12, 18, 19, and 20. Epidemics, p. 108. Infectious Diseases Local Acts, p. 201. and Hospitals, pp. 112 and 113. Markets, pp. 117 and 123. Miscellaneous Powers, p. 134. Mode of Conducting Business, p. 26. Officers, p. 22. Port Sanitary Authorities, p. 194. Powers of Urban Sanitary Authorities, p. 34. Prevention of Smoke, p. 106. Purchase of Land, pp. 136-138. Rates and Expenses, pp. 168, 172–174. Urban Sanitary Districts and Authorities, pp. 2 and 3. Constitution of the Board. The Local Government Board consist of a President appointed by the Queen, and of the following ex-officio members, viz. :the Lord President of the Privy Council, all the Secretaries of State for the time being, the Lord Privy Seal, and the Chancellor of the Exchequer. (34 & 35 Vict. c. 70. s. 3.) Acts of the Board. Save as herein-after provided, any act to be done or instrument to be executed by or on behalf of the Local Government Board may be done or executed in the name of that Board by the president or by any member of the Board, or by a secretary or assistant secretary, if such secretary or assistant secretary is authorised to do or execute the same by any general order of the Board. A rule, order, or regulation made by the Board is valid if made under the seal of the Board, and signed by the president or one of the ex-officio members of the Board, and countersigned by a secretary or assistant secretary; and the production of such prima facie evidence of any of such rules, orders, or regulations as is required by the Documentary Evidence Act, 1868, with respect to the rules, orders, or regulations of the Poor Law Board, is, until the contrary is shown, sufficient proof that any such rule, order, or regulation of the Local Government Board was duly made. (34 & 35 Vict. c. 70. s. 5.) Transfer of Powers. All powers and duties vested in or imposed on a Secretary of State by the enactments mentioned in Part I. of the following schedule, so far as such powers and duties relate to England, or vested in or imposed on the Privy Council by the enactments specified in Part II. of the schedule, are now transferred to and imposed on the Local Government Board, and, except as mentioned below, must be exercised and performed by the Board in like manner and form, and subject to the same conditions, liabilities, and incidents as they might before such transfer have been exercised and performed by the authorities in whom they were then vested, or as near thereto as circumstances admit. (34 & 35 Vict. c. 70. s. 2.) SCHEDULE. Powers and Duties of Secretary of State. 9 & 10 Vict. c. 74. 10 & 11 Vict. c. 34. 10 & 11 Vict. c. 61. 11 & 12 Vict. c. 63. 21 & 22 Vict. c. 98. 24 & 25 Vict. c. 61. 26 & 27 Vict. c. 17. 28 & 29 Vict. c. 75. 29 & 30 Vict. c. 90. 31 & 32 Vict. c. 115. 31 & 32 Vict. c. 130. 32 & 33 Vict. c. 100. And any Acts amending these Acts, and conferring powers on the Secretary of State. PART II. Powers and Duties of Privy Council. 11 & 12 Vict. c. 63. 18 & 19 Vict. c. 116. 21 & 22 Vict. c. 97. ss. 1, 3, 5, & 6. 22 & 23 Vict. c. 3. 23 & 24 Vict. c. 77. 29 & 30 Vict. c. 90. 31 & 32 Vict. c. 115. And any Acts amending these Acts, and conferring powers on the Privy Council. Construction of Acts and Documents. In the construction of and for the purposes of any Act of Parliament, contract, or other document passed, entered into, or made before the establishment of the Local Government Board, but so far only as may be necessary for exercising the powers and discharging the duties transferred to and imposed on the Board, the name of the Board is, according to circumstances, deemed to be substituted for one of the Secretaries of State, or for the Privy Council, as the case may require. Any act or thing which might have been done by one of the Secretaries of State, or by the Privy Council, so far as relates to the powers and duties transferred, may be done by the Local Government Board. (34 & 35 Vict. c. 70. s. 7.) Inquiries by the Board. The Local Government Board may make the inquiries directed by the Local Government Acts, and all orders made by them in pursuance of those Acts are conclusive in respect of the matters to which they refer. The Board may make orders for the payment of the costs of all inquiries or proceedings directed by them in pursuance of the Local Government Acts or the Sanitary Acts, 1866 and 1868, or the Sewage Utilisation Acts, 1865 and 1867, and as to the costs of any appeal to such Board in pursuance of the Local Government Acts, and as to the parties by whom or the rates out of which the costs are to be borne. The order may be made a rule of one of the superior courts of law on the application of any party named in it. (21 & 22 Vict. c. 98. s. 81.; 32 & 33 Vict. c. 100. s. 9.) The Local Government Board may from time to time cause to be made such inquiries as they see fit in relation to any matters concerning the public health in any place, and to the observance of the regulations and directions issued by them under the Public Health Act, 1858. (21 & 22 Vict. c. 97. s. 3.) Powers of Inspectors of the Board. Inspectors of the Local Government Board, for the purposes of an inquiry directed by the Board, have, in relation to witnesses and their examination, the production of papers and accounts, the inspection of places and matters required to be inspected, for the purposes of the Sanitary Acts* similar powers to those which poor law inspectors have under, and for the purposes of, the Acts relating to the poor law. (35 & 36 Vict. c. 79. s. 15.) An officer directed by the Local Government Board to inquire into any matter into which they are empowered to direct inquiry under the Local Government Acts has, for the purposes of the inquiry, the following powers. During the inquiry he may summon before him any persons, and examine them upon oath or otherwise touching matters relating to the purposes of the For definition, see p. 33. inquiry. He may by summons require parochial officers or officers acting under any corporation, guardians, or directors of the poor, and any commissioner, trustee, or person acting under a Local Act in force within the district or place to which the inquiry relates, to produce before him any plans, rate books, or other similar documents which by reason of their office are in their custody or control relating to the purposes of the inquiry. He may examine or take copies of these books, plans, and documents. If any one wilfully disobeys the summons, or prevents the officer from examining or taking copies of the books, &c., or refuses to answer a question put to him, he is liable to a penalty not exceeding 51.* But no one is required to attend in obedience to a summons unless the reasonable charges of his attendance have been paid or tendered to him; and no one is required in any case, in obedience to a summons, to travel more than 10 miles from his place of abode. (21 & 22 Vict. c. 98. s. 80.; 11 & 12 Vict. c. 63. s. 121.) As to Inspectors, see also under Mode of conducting Business, p. 26. Provisional Orders under the Public Health Act, 1872. The Local Government Board cannot make any provisional order under the Public Health Act, 1872, unless public notice has been previously given by advertisement in two successive weeks in some newspaper published or circulating in the district to which the order relates, and after hearing any objections made by any persons affected, and in cases where the subject-matter is one to which a local inquiry is applicable, until they have made, by one of their inspectors, a local inquiry of which public notice has been given, and at which all persons interested have been permitted to attend and make objections. The Board may submit to Parliament for confirmation any provisional order made by it in pursuance of the Public Health Act, 1872, but the order has no force until confirmed by Parliament. If while the Bill confirming an order is pending in either House, a petition is presented against any provisional order comprised in it, the Bill, so far as it relates to that order, may be referred to a select committee, and the petitioner will be allowed to appear and oppose as in the case of a Bill for a special Act. (35 & 36 Vict. c. 79. s. 45.) An Act confirming a provisional order issued in pursuance of the Sanitary Acts† may be repealed, altered, or amended by provisional order made by the Local Government Board and confirmed by Parliament. The Board may wholly or partly revoke a provisional order made by them before it is confirmed by Parliament; but not whilst the Bill confirming the order is pending in either House. (35 & 36 Vict. c. 79. s. 45.) * See "Legal Proceedings," p. 145. † For definition, see p. 33. Costs of Sanitary Authority in relation to Provisional Orders. The reasonable costs of a sanitary authority in respect of provisional orders made in pursuance of the Sanitary Acts, and of the inquiry preliminary thereto, as sanctioned by the Local Government Board, whether in promoting or opposing the same, are deemed expenses properly incurred for sanitary purposes by the sanitary authority interested in or affected by the orders, and must be paid accordingly. If thought expedient by the Local Government Board, the sanitary authority may contract a loan for the purpose of defraying these costs. (35 & 36 Vict. c. 79. s. 47.) Every order of the Local Government Board under the Sanitary Acts, (unless otherwise prescribed by those Acts,) must be published as the Board direct. (35 & 36 Vict. c. 79. s. 48.) Report to Local Government Board. The sanitary authority must make an annual report, in the form and at the time directed by the Local Government Board, of all works executed by them during the preceding year, and of all sums received and disbursements made, for the purposes of the Local Government Acts. They must publish it in some newspaper circulating in the district, and send a copy to the Local Government Board. (21 & 22 Vict. c. 98. s. 76.) *For definition, see p. 33. |