|
|
Provisions in case of adoption by rural sanitary authority.
|
55. [2]
—(1) A rural sanitary authority in any district desiring to adopt this part of this Act may apply to the county council of the county in which the area herein-after mentioned is wholly or as to the larger part thereof in extent situate for the certificate required for such adoption, and shall specify in such application the area in which they consider that accommodation is necessary for the housing of the working classes, and thereupon the county council shall direct a local inquiry to be held by a member of the council or any officer or person appointed by the council for the purpose, and if after such local inquiry the person holding the inquiry certifies that accommodation is necessary in such area for the housing of the working classes, and that there is no probability that such accommodation will be provided without the execution of this part of this Act, and that having regard to the liability which will be incurred by the rates, it is, under all the circumstances, prudent for the said authority to undertake the provision of the said accommodation under the powers of this part of this Act, the county council may, if they think fit, publish that certificate in one or more local newspapers circulating in the district, and thereupon the sanitary authority may adopt this part of this Act: Provided that—
|
|
| |
(a) unless the county council state in publishing such certificate, that by reason of the date of the next ordinary election of members of such authority or otherwise, an emergency renders it necessary to adopt this part of this Act immediately, such adoption in pursuance of the certificate shall not take place before the ordinary election of members of such authority which is held next after the date of the local inquiry; and
|
|
| |
(b) after the end of twelve months from the date of the certificate, this part of this Act shall not be adopted without a fresh certificate; and
|
|
| |
(c) no land shall be acquired, nor buildings erected under this part of this Act outside of the area mentioned in the certificate, except after a fresh application, inquiry, and certificate.
|
|
| |
(2) Where the rural sanitary authority think it just that the burden of the expenses of the execution of this part of this Act should be borne by some contributory place or places only in their district, instead of by the whole of their district, the authority may in their application to the county council request permission to limit the burden of such expenses to such contributory place or places, and thereupon the justice of such limitation shall be inquired into at the local inquiry, and the county council, if satisfied after the local inquiry that the circumstances of the contributory place or places and of the rest of the district render such limitation just, may make an order to that effect, and thereupon the expenses of the execution of this part of this Act in the area mentioned in the order shall be borne by the contributory place or places named in the order instead of by the whole district. The provisions of this enactment with respect to the burden of the expenses shall apply upon every application for a fresh certificate.
|
|
| |
(3) Any expenses incurred by a county council in holding a local inquiry under this part of this Act shall be a simple contract debt to the council from the rural sanitary authority, and shall be defrayed as part of the expenses of such authority in the execution of this part of this Act.
|
| |
Execution of Part III. by Local Authority.
|
| |
[1 Explained, as to I., 56 &57 Vict. c. 33, and 59 &60 Vict. c. 11.; and amended as to Metropolitan Borough Councils, 63 &64 Vict. c. 59, s. 3.] [2 S. 55, rep. as to E., 63 &64 Vict. c. 59, s. 2 (3); see now that section.] |
