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as the Committee direct for the purpose of making it known to all persons interested.
[The effect of section 4 of 40 & 41 Vict. c. 69 (1877) is preserved in this clause).
Acts to first constitution of
Power by charter to
212.-(1.) Where Her Majesty by a charter extends the settle wards, Municipal Corporation Acts to a municipal borough it shall be dates and otherwise to
lawful for Her Majesty, by the charter, to do all or any of the adapt the Municipal
following things : Corporations
(a.) To fix the number of councillors, and to fix the number new borough.
and boundaries of the wards (if any), and to assign the
number of councillors to each ward ; and (6.) To fix the years days and times for the retirement of
the first aldermen and councillors; and (c.) To fix such days times and places, and nominate such
persons to perform such duties, and make such other temporary modifications of the Municipal Corporations Acts, as may appear to Her Majesty to be necessary or proper for making those Acts applicable in the case of
the first constitution of a municipal borough. (2.) The years days times and places fixed by the charter, and the persons nominated therein to perform any duties, shall, as regards the borough named in the charter, be respectively substituted in the Municipal Corporations Acts for the years, days, times, places, officers, and persons therein mentioned, and the persons so nominated shall have the like powers, and be subject to the like obligations and penalties, as the officers and persons mentioned in those Acts for whom they are respectively substituted.
(3.) Subject to the provisions of the charter authorized by this section, the Municipal Corporations Acts shall, on the charter coming into effect, apply to the municipal borough to which they are extended by the charter; and, where the first mayor alderınen and councillors or any of them are named in the charter, shall apply as if they were elected under the Municipal Corporations Acts, and, where they are not so named, shall apply to their first election.
[The effect of section 5 of 40 & 41 Vict. o. 69 (1877) is preserved in this
clause.] Scheme for 213.—(1.) * Where a petition for a charter is referred to the continuance or abolition of and Committee of Council, and it is proposed by the charter to exadjustment of righ s of existing local * See Appendix for the School Boards Act, 1885 (48 & 49 Vict. c. 39), which proauthority and vides that so far as school boards, on the incorporation of a borough, are concerned, it
is to be read as one with this Act.
tend the Municipal Corporation Acts to the municipal borough Grant of to be created by the charter, the Committee of Council may settle a scheme for the adjustment of the powers, rights, privileges, franchises, duties, property, and liabilities of any then existing local authority* whose district comprises the whole or part of the area of that borough, either with or without any adjoining or other place, and also of any officer of that authority.
(2.) The scheme, so far as it appears to the Committee of Council to be necessary or proper for carrying into effect the said adjustment as regards any local authority existing at the time of the making of the scheme, may contain provisions for the continuance of that authority, or for the abolition total or partial of that authority, or for the creation of another authority or authorities, and the alteration of the district of the existing local authority, and the union or other relation of the existing local authority and the authority or authorities so created, and for the continuance, modification, transfer, vesting, and extension to the whole of the borough of all or any of the powers, rights, privileges, franchises, duties, property, and liabilities of the existing local authority, and may contain such provisions as appear to the Committee of Council to be necessary or proper for fully carrying into effect any such adjustment and provisions as aforesaid.
(3.) The scheme, when settled by the Committee of Council, shall be published in the London Gazette, and shall not be of any effect unless confirmed as herein-after mentioned.
(4.) Where, within one month after the publication of the scheme in the London Gazette, a petition against it by any local authority affected thereby, or by not less than one twentieth of the owners and ratepayers of the borough (such twentieth to be cne twentieth in number of the owners and ratepayers of the borough taken together, or the owners and ratepayers in respect of one twentieth of the rateable property in the borough and the owners and ratepayers in all cases to include women not under coverture) has been received by the Committee of Council, and is not withdrawn, the scheme shall require the confirmation of Parliament, and the Committee of Council may, if they think fit, submit it to Parliament for confirmation; but otherwise, at any time after the expiration of the said month, or after the withdrawal of any petition that has been presented, the
By section 15 of the Municipal Corporations Act, 1883 (46 & 47 Vict. c. 18), every body referred to in the First Schedule of that Act is to be deemed a " local” authority within the meaning of this section. See Appendix.
Committee of Council may, if they think fit, submit the scheme
(5.) A scheme, when confirmed by Parliament or by Order in Council, shall have full operation, with, in the former case, such modifications, if any, as are made therein by Parliament, as if the scheme were part of this Act.
(6.) A local authority for the purposes of this part means a sanitary authority* (not being the mayor, aldermen, and burgesses of a borough subject to the Municipal Corporations Acts), also the corporation of a burough not subject to the Municipal Corporations Acts, a burial board, trustees, commissioners or other persons who, as a public body and not for their own profit, act under any Act for paving, lighting, supplying with water or gas, cleansing, watching, regulating or improving ang town or place, or for providing or maintaining a cemetery or market in or for any town or place, and any commissioners, trustees, or other persons (not being justices) maintaining any police force, and any other authority not in this section excepted, and not being a school board, and having powers of local government and of rating for public purposes.
(7.) The district of a local authority for the purposes of this section means the area within which such authority can exercise any powers or rights.
[The effect of section 6 of 40 & 41 Vict. c. 69 (1877) is preserved in this clau-e).
214.4(1.) A scheme shall, before being settled by the Committee of Council, be referred for consideration to the Secretary of State and the Local Government Board, and, if and as far as it is intended to affect any authority which is a harbour authority within the meaning of the Harbours and Passing Tolls, &c. Act, 1861t, to the Board of Trade.
(2.) A scheme shall in every case provide for placing the
* Sections 5 to 12 of the Public Health Act, 1875 (38 & 39 Vict. c. 55), enacts that (subject to certain provisions and exceptions) the council of every municipal borough shall be constituted the Urban Sanitary Authority of the borough. The following city and boroughs (thirteen in number) have a local body distinct from the council (although in one or two cases appointed by the corporation from its own members) acting as the Urban Sanitary Authority:-Banbury, Blandford, Colne, Cambridge, Chippenham, Faversham, Folkestone, Launceston, Lyme Regis, Lymington, Morpeth, Oxford and Wenlock. As to school boards, see footnote to page 174 et seq.
| The 24 & 25 Vict. c. 47,
new borough within the jurisdiction of the council as the Grant of
Charters. sanitary authority.
(3.) The regulations contained in the Seventh Schedule with respect to the scheme shall be observed. The Seventh Schedule is as follows :
PROCEDURE FOR SCHEME ON GRANT OF New CHARTER. 1. The Committee of Council may, if they think fit, require the draft of a proposed scheme to be submitted to them, either together with the petition for a charter, or at any subsequent period.
2. The draft of a proposed scheme shall be published by advertisement, or placards, or handbills, or otherwise, as the Committee of Council think best calculated for giving notice thereof to all persons interested.
3. Before settling the scheme the Committee of Council shall consider any objections which may be made thereto by any local authority or persons affected thereby.
4. The scheme, when settled, shall, besides being published in the London Gazette, be published by advertisement, or placards, or handbills, or otherwise, as the Committee of Council think best calculated for giving notice thereof to all persons interested.
5. Where a scheme is submitted to Parliament for confirmation, the Committee of Council may introduce a Bill for the confirmation of the scheme, which Bill shall be a Public Bill.
6. Before such Bill is introduced into Parliament the Committee of Council mav alter the scheme in such manner as they think proper.
7. If while the Bill confirming a scheme is pending in either House of Parliament a petition is presented against the scheme, the Bill, so far as it relates to such scheme, may be referred to a select committee, and the petitioner shall be allowed to appear and oppose as in the case of a Private Bill.
8. A scheme shall come into operation at the date of its confirmation or any later date mentioned in the scheme.
9. The confirmation of a scheme shall be conclusive evidence that all the requirements of this Act with respect to proceedings required to be taken previously to the making of the scheme have been complied with, and that the sheme has been duly made, and is within the powers of this Act.
(4.) If the Committee of Council are satisfied that a local authority or other petitioners have properly promoted or properly opposed a scheme before them, and that for special reasons it is right that the reasonable costs incurred by the authority or other petitioners in such promotion or opposition should be paid as expenses properly incurred by the local authority in the execution of their duties, the Committee of Council may order those costs to be so paid, and they shall be paid accordingly.
[The effect of section 7 of 40 & 41 Vict. c. 69 (1877), and section 2 of 24 & 25 Vict. c. 47 (1861), is preserved in this clause).
215.—Nothing in any scheme or in the Municipal Corpora- Provision as to tion Acts shall authorize the establishment in a borough to bew borough. which a charter is granted under this Act of a new separate police force not consolidated with the county police force, unless the district incorporated by the charter contained twenty*
* Section 39, subsection 1, paragraph a of the Local Government (England and Wales) Act, 1888, transferred all the powers, duties, and liabilities of the council or watch committee of a borough, with less than 10,000 inhabitants, in respect of the police force to the county council. See also appendix.
Grant of thousand inhabitants or upwards, according to the census taken Charters.
next before the date of the incorporation.
[The efect of section 8 of 40 & 41 Vict. c. 69 (1877) is preserved in this clause. The number of cities and boroughs which have a separate police force in 1883 is 163. The Local Government (England and Wales) Act, 1888, by the operation of section 31 (a) will reduce the number of cities and boroughs in pog. session of a separate police force to 123; forty boroughs having a population of less than 10,000, and consequently deprived of control over the police. By section 14 of 3 and 4 Vict. c. 88 (1840) an agreement by a borough for consolidation of its police force with the county must be sealed with the common seal. Six months' notice must be given of proposed termination of the agreement; but such agreement although it may be entered into voluntarily, cannot be determined without the sanction of the Secretary of State. See
19 & 20 Vict. c. 69, s. 20). Validity of 216.-(1.) A charter creating a municipal borough which charters.
purports to be granted in pursuance of the royal prerogative and in pursuance of or in accordance with this Act, shall after acceptance be deemed to be valid and within the powers of this Act and Her Majesty's prerogative, and shall not be questioned in any legal proceeding whatever.
(2.) Every such charter shall be laid before both Houses of Parliament within one month after it is granted, if Parliament is then sitting, or if not, within one month after the beginning of the then next sitting of Parliament.
[The effect of section 9 of 40 & 41 Vict. c. 69 (i877) ia preserved in this
clause). Power to 217.-Where a charter was granted to a borough within settle scheme in case of recent seven years before the fourteenth of August one thousand eight charters,
hundred and seventy-seven, the Committee of Council, on the petition to the Queen of the council of the borough, or of any existing local authority whose district comprises the whole or any part of the area of the borough, either with or withvut any adjoining or other place, may settle a scheme under this Act in like manner as if the petition for the grant of a charter to the borough had been referred to the Committee of Council after the commencement of this Act, and the provisions of this Act with respect to a scheme shall apply accordingly, with the necessary modifications; and if witbin one month after the publication of the scheme in the London Gazette a petition against the scheme from the council of the borough has been received by the Committee of Council and is not withdrawn the scheme shall require the confirmation of Parliament.
[The effect of section 13 of 40 & 41 Vict. c. 69 (1877) is preserved in this
clause], Power to • amend scheme.
218. (1.) Where a scheme for a borough has been confirmed under this Part, or any former enactment, and the municipal