HC Deb 22 July 1897 vol 51 cc763-5

188. "Where, in any public, general, or local Act the Public Health Acts or any sections thereof are referred to, such reference shall be deemed to mean and include a reference to this Act, or the corresponding sections of this Act and any Amendments thereof; and the expression 'public health rate' in any such Act shall mean the public health general assessment under this Act."

Clause read First and Second time, and added.

MR. PARKER SMITH (Lanark, Partick)

had given notice of a new clause dealing with sewers in burghs.

*MR. SPEAKER

said the clause proposed to alter the incidence of taxation. It was therefore out of order on the present stage of the Bill.

MR. PARKER SMITH

, on the point of order, urged that the object of the clause was simply to define how the whole matter stood. It left things exactly as they were, and was intended simply to make it clear whether the existing Bill would apply to certain cases where it was doubtful.

*MR. SPEAKER

said that as it appeared to him that under the clause taxes were to be raised by different bodies than those by which they were raised before, and taxation would be raised over a different area.

*THE LORD ADVOCATE

said he anticipated that Mr. Speaker would rule the clause out of order on the grounds he had indicated.

MR. PARKER SMITH

asked if he could move the first paragraph of the clause? It raised sufficiently the point he desired.

*MR. SPEAKER

said it spoke of the cost of maintenance, which seemed to be a charge of a different nature from that previously existing, and falling on different people. The clause was out of order; so also was the clause relating to waterworks in burghs.

SIR LEWIS McIVER (Edinburgh, W.)

had the following Notice on the Paper: After Clause 186 to insert the following Clause,— Nothing contained in this Act shall prejudice or affect the provisions of any Act under which any authority is constituted and authorised to supply water within any district or limits created by such Act. The hon. Member said he did not propose to move the Clause, as the Lord Advocate had undertaken to insert words in the Bill which would satisfy its object.

Several clauses stood on the Paper in the name of Mr. CALDWELL, dealing with the constitution of port local authorities; the jurisdiction of port local authority: the delegation of powers by port local authority; the expenses of port local authority; proceedings for raising a sum for payment of debt within district of a defaulting authority; notification infectious disease; power of local authority to add to number of infectious diseases of which notification is required; and non-disqualification of medical officer by receipt of fees.

*MR. SPEAKER

ruled the clauses out of order, on the ground that they altered he incidence of taxation.

MR. CALDWELL

, on the point of order, denied that they would have that effect. He only desired that the Local Government Board should be enabled to compel local authorities to do as a whole what they were authorised to do as individuals.

*THE LORD ADVOCATE

said he would endeavour to have the object of the clauses provided for in another place.

Clause3,—

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