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5 1925

LOCAL GOVERNMENT ACT, 1925

PART I.

ABOLITION OF RURAL DISTRICT COUNCILS.

Abolition of rural district councils.

3. —(1) On and after the appointed day all rural district councils shall cease to exist, and upon the appointed day the powers and duties (subject to the provisions of this Act), and the property, debts, and liabilities of the council of every rural district within a county, shall be transferred to the council of such county, and the council of such county shall be the successors of the council of such rural district.

(2) Any debt or liability of a rural district council which is transferred to the council of a county by this section shall be paid or defrayed by means of the same rate by means of which such debt or liability would have been discharged before the passing of this Act, and the area of charge for the expenses of discharging such debt or liability shall be determined in accordance with the rules set out in the First Schedule to this Act.

(3) If any debt or liability (whether existing on or arising after the appointed day) transferred by this section to the council of a county relates to or is connected with any property transferred by this section to that council, such debt or liability shall so far as possible be paid or defrayed out of any profit or revenue received out of such property.

Continuance of pending actions and contracts.

4. —(1) If at the time when any powers, duties, property, or liabilities are transferred to a county council by this Act, any action or proceeding or any cause of action or proceeding is pending or existing in relation to such powers, duties, property, or liabilities by or against or on behalf of the body from which the same are so transferred, such action or proceeding, or cause of action or proceeding shall not abate or be prejudicially affected by such transfer, but shall continue by or against or on behalf of the county council or (in the case of powers or duties exercised through a board of health or of property transferred to a board of health under this Act), the board of health to or by whom the same are transferred or to be exercised.

(2) All contracts, deeds, bonds, agreements, and other instruments relating to any powers, duties, property, or liabilities transferred to a county council by this Act and the terms or provisions of which are not fully executed or completed at the date of such transfer, shall be of as full force and effect against or in favour of such county council or (in the case of powers or duties exercised through a board of health or of property transferred to a board of health under this Act) the board of health to or by whom the same are transferred or to be exercised, and may be enforced against or by such county council or board of health as fully and effectually as if such county council or board of health had been named as a party thereto instead of the body from which such powers, duties, property, or liabilities are transferred.

Public bodies elected by rural district councils.

5. —(1) Any joint board, committee, or authority, all of whose members were, prior to the passing of this Act, elected or appointed by the councils of rural districts situate in the same county health district shall, from and after the appointed day, cease to exist, and the powers, duties, property, and liabilities of such joint board, committee, or authority shall be transferred to the council of the county in which such county health district is situate, and such powers and duties shall be exercised and performed by such county council through and by the board of health for such county health district.

(2) The members of any public body in office on the appointed day who were appointed or elected by the council of a rural district shall cease to hold office on the appointed day, and where, prior to the passing of this Act, it was the duty of the council of a rural district in a county to elect members of any public body, it shall, on and after the appointed day, be the duty of the council of such county to elect such members of such public body.

This sub-section shall not apply to any public body to which the first sub-section of this section applies.

Periodical payments by rural district councils.

6. —Whenever under any enactment passed prior to the passing of this Act the council of a rural district is empowered or directed (as the case may be) to make any periodical payment in respect of any port, fishery, drainage works, burial works, or other similar matter, the council of the county in which such rural district is situate shall be empowered or directed (as the case may require) to make such payment and the amount thereof shall be charged upon the area upon which such amount would have been charged immediately before the passing of this Act.

Poor law guardians to be elected where no county scheme.

7. —In every county health district in a county to which for the time being no county scheme relates, poor law guardians shall after the appointed day be elected on the like days and in the same manner in all respects as members of rural district councils were immediately before the passing of this Act required by law to be elected.

Rural district councils before the appointed day.

8. —(1) No elections of rural district councillors shall be held after the passing of this Act.

(2) On the day which shall be prescribed by the Minister for the holding of the next statutory election of county councillors after the passing of this Act all rural district councils shall cease to function and the property and the several powers and duties of every rural district council shall be transferred to the council of the county in which the rural district was situate and shall be vested in and exercised and performed by such county council until the appointed day.

(3) In the case of the council of a county to which for the time being no county scheme relates or to which a joint county scheme for such county and an adjoining county borough relates, the powers and duties transferred by this section to such council shall until the appointed day be exercised and performed by a board established for the purpose in the like manner as a board of public health would be established in that county under this Act after the appointed day.

(4) In the case of the council of a county to which a county scheme (other than a joint scheme for such county and an adjoining county borough) relates the powers and duties transferred by this section to such council shall until the appointed day be exercised and performed by the body to whom under such county scheme is entrusted the administration of the relief of the poor in the area in which the rural district was situate.

(5) The Minister may by order do all such things and make all such regulations as in his opinion shall be necessary for the proper preservation and management of the property and the performance and exercise of the powers and duties transferred by this section and generally for giving full effect to this section during the period between the date on which the rural district councils shall cease to function under this section and the appointed day.