Local Government Board's Provisional Orders Confirmation (No.12) Act 1912

Publication Date:January 01, 1912
 
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Local Government Boards Provisional Orders Confirmation (No.12) Act 1912

(2 & 3 Geo. 5) c. cxxxviii

An Act to confirm certain Provisional Orders of the Local Government Board relating to Barnsley and Leeds.

[7th August 1912]

[2 & 3 Geo. 5.] Local Government Board's [Oh. CXXXViii.J Provisional Orders Confirmation (No. 12) Act, 1912. CHAPTER cxxxviii. An Act to confirm certain Provisional Orders of the Local a.d. 1912. Government Board relating to Barnsley and Leeds. ~~~ [7th August 1912.] W HEREAS the Local Government Board have made the Provisional Orders set forth in the First Schedule hereto j under the provisions of the Local Government Act 1888: 51 & 52 Vict. . c. 41. And whereas it is requisite that the said Orders should he confirmed hy Parliament: Be it therefore enacted hy the King's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows: 1. The Orders as altered and set out in the Erst Schedule Orders in hereto (herein-after referred to as " the Orders ") shall be and Jf1* . r ehedule the same are hereby confirmed and ail the provisions thereof confirmed. shall have full validity and force. 2. On any adjustment made otherwise than by agreement Provisions for the purposes of either of the Orders or of this Act under as tf , adJ,l1st" r r - merits made section thirty-two or section sixty-two of 'the Local Government otherwise Act 1888 or under either of those sections as modified or adapted fchHn b^r agreement. by such Order {a) Provision shall be made for the payment to any council or other authority affected by the Order of such sum as seems equitable in accordance with the rules contained in Part I. of the Second Schedule hereto in respect of any increase of burden which will properly be thrown on the ratepayers of the area of that council or other authority in meeting the cost incurred by that council or other authority in the [Price 2s. dd.] A 1 [Oh. CXXXViiiJ Local Government Board's [2 & 3 Geo. 5.] Provisional Orders Confirmation (No. 12) Act, 1912. A.D. 1912.. execution of any of their powers and duties as a consequence of any alteration of boundaries effected by the Order or other change in relation to which the adjustment takes place: (b) Any adjustment of the local taxation licences the estate duty grant and the residue under section one of the Local Taxation (Customs and Excise) Act 1890 for the purposes of the Order relating to Barnsley shall be carried out in accordance with the rules contained in Part II. of the Second Schedule hereto and for the purposes of the Order relating to Leeds shall be carried out in accordance with the rules contained in Part III. of the Second Schedule hereto. In this section and in Part I. of the said Second Schedule ? ? the expression " Council or other authority affected by the Order " includes any council authority or persons entitled to make an adjustment under section sixty-two of the Local Government Act 1888 or that section as modified or adapted by the order in question. Audit of ac- 3.(l) Prom and after the first day of April one thousand counts of n|ne nim(}reci anc[ thirteen sections twenty-five twenty-six and JJorougu of Barnsley. twenty-seven of the Municipal Corporations Act 1882' and section two hundred and forty-six of the Public Health Act 1875 shall cease to apply to any accounts of the mayor aldermen and burgesses of the borough of Barnsley acting by the council (in this and the next following section referred to as "the Corporation") or of the treasurer of the borough of Barnsley (in this section referred to as " the borough ") or of the officers of the Corporation and all accounts of the Corporation and of the treasurer and the officers of the Corporation under any public or private * Act of Parliament or otherwise relating to matters dealt with by the Corporation in any capacity and including the accounts of any joint committee and of the officers of any joint committee appointed by the Corporation with the council of any county borough or district or any parish council shall be audited by a district auditor appointed by the Local Government Board in like manner as accounts of an urban authority and their officers are audited under sections two hundred and forty-seven and two hundred and fifty of the Public Health Act 1875 and those sections arid all enactments amending them A or applying to audit by district auditors including the enactments imposing penalties and providing for the recovery of sums as 2 [2 & 3 Geo. 5.] Local Government Board's [Ch. CXXXViii.] Provisional Orders Confirmation (No. 12) Act, 1912. well as all enactments relating to matters incidental to or con- A.D. 1912. sequential upon any such accounts or audit shall apply in like manner as if so far as they relate to an audit of the accounts of an urban authority and the officers of that authority they were herein re-enacted with the necessary modifications and accordingly all burgesses of the borough and all ratepayers and owners of property in the borough shall have the like rights and there shall be the same appeal as in the case of that audit Provided that for the purposes of this section the Eirst Schedule to the District Auditors Act 1879 shall be modified in the manner described in the Second Schedule to the Local Government Act 1888. (2) Nothing in subsection (1) of this section shall apply to ? the audit of the accounts of the Corporation for the financial year ending the thirty-first day of March one thousand nine hundred and thirteen. T (3) The Corporation may out of the borough fund (a) pay reasonable subscriptions whether annually or otherwise to the funds of any association of municipal corporations or other local authorities or their officers formed for the purpose of consultation as to their common interests and the discussion of matters relating to local government and any reasonable expenses of the attendance of any members or officers of the Corporation not exceeding in any case four at conferences or meetings of the said associations or any of them and of purchasing reports of the proceedings of any such conferences or meetings; and j (b) pay the reasonable expenses of the Corporation in providing public entertainments on the occasion of public ceremony or rejoicing and in the reception and entertainment of distinguished persons residing in or visiting the borough. ? ion 4.(1) For the purpose of providing temporarily during Provision for any financial year for their current expenses as a municipal or ^M^g sanitary authority (whether under the provisions of public Corporati general or local Acts) or for the current expenses of their to borrow water electricity or other undertakings respectively and after o^p^oviafng A 2 3 [Oh. CXXXViii.] Local Government Board's [2 & 3 Geo. 5.] Provisional Orders Confirmation {No. 12) Act, 1912. * A.D. 1912. £ne commencement of such year it shall he lawful for the Oor- tomporariiy poration to borrow. hy way of temporary loan or overdraft from for current any hank such sums as they may from time to time resolve expenses. ^^ exceecjmg jn ^^q]^ case an amount equal to one-fourth of the amount of. the hef ore-mentioned expenses for the immediately preceding financial year for any such purpose as aforesaid and any amount so borrowed together with interest shall form a charge upon the rates or revenue of the undertaking in respect of which it is borrowed as the same may he specified in the resolution of the Corporation authorising such borrowing and it shall further he lawful for the Corporation to utilise for providing temporarily for any such expenses any sinking funds which they may have on hand crediting the said sinking funds with such fair rate of interest not being less than three per centum per annum as they may resolve Provided that (a) Any sum so borrowed together with the interest thereon shall in the case of any sum borrowed on the credit of a rate be repaid out of such rate within the financial year during which the same was borrowed and in any other case the same shall be repaid out of the income on the credit of which the sum was borrowed within two months after the expiration of such financial year: T +? ? (b) The treasurer shall within two months after the end of each financial year furnish to the Local Government Board a special report showing precisely the operation of the powers of this section during such year and such report shall be in such form and shall contain such information as that Board shall approve or require: - (c) The Local Government Board may make such investiga- tion as may be necessary to satisfy themselves that the requirements of this section as to repayment have been complied with arid if it appear to the Local Government Board by the said report or by M such investigation that the Corporation have failed. to comply with the requirements of this section as to repayment that Board may by order suspend the operation of the powers of this section for such period as they may think fit, 4 [2 & 3 Geo. 5.] Local Government Board's [Oh. CXXXViiL] ? Provisional Orders Confirmation (No. 12) Act, 1912. (2) The provisions of this section shall cease to be in force A.D. 1912 at the expiration of five years from the thirty-first day of March one thousand nine hundred and thirteen unless they shall haye been continued by Act of Parliament or Provisional Order made by the Local Government Board and confirmed by Parliament which Order the Local Government Board are hereby empowered to make in accordance with the provisions of the Public Health Act 1875 and in the event of that Board making any such Order they are hereby empowered to make such modifications or amendments in the provisions of this section as may appear to them to be necessary. 5. This Act may be cited as the Local Government Board's Short title. Provisional Orders Confirmation (No. 12) Act 1912. A3 5...

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