HC Deb 28 July 1897 vol 51 cc1323-4

(1.) Upon requisition to that effect, made in writing, by a parish council or by not fewer than ten ratepayers within the district, the local authority, not being the local authority of a burgh, shall be bound to meet, after twenty-one days' notice, and shall, whether water supply has been already provided or not, consider the propriety of—

  1. (a) forming part of their district into a special water supply district; or
  2. (b) enlarging or limiting the boundaries of a special water supply district; or
  3. (c) combining a special water supply district with another special water supply district; or
  4. (d) enlarging or limiting the boundaries of both or either of such special water supply districts, and combining the same or parts thereof; or
  5. (e) determining that any special water supply district shall cease to exist as a special water supply district, or that any such combination shall cease;
and the resolution of the local authority shall determine all questions regarding the payment of any debt which may affect any special water supply district, and the right to impose and the obligation to pay any assessment affected by such determination, and shall fix the date at which such determination shall take effect; and such resolution shall be published in one or more newspapers circulating in the district, or by the posting of handbills throughout the district, and a copy of said resolution shall be forthwith transmitted to the Board, and where the local authority is a district committee to the county council; and the production of such newspaper or handbill, or a certificate under the hand of the clerk of the local authority (whose signature need not be proved), shall be sufficient evidence of such resolution; and within twenty-one days after the date of the publication of such resolution it shall be competent for any person interested to appeal against the same to the sheriff; and the sheriff, not being a sheriff-substitute resident within the district, may either approve or disapprove of such resolution; and if he disapproves thereof he may either find that no special water supply district should be formed, or may enlarge or limit the special district as defined by the resolution of the local authority, or may find that a special water supply district should be formed, and may define the limits thereof, or may find that such special water supply district or part thereof shall be combined as prayed, or that such combination shall cease, or that such special water supply district or districts shall, as such, cease to exist; and the decision of the sheriff shall be binding, and shall be final, except where it is pronounced by a sheriff substitute, in which case it may be appealed to the sheriff:

(2.) The order of the sheriff shall determine all questions regarding the payment of any debt which may affect any district or special water supply district, and the right to impose and the obligation to pay any assessments affected by his determination, and shall fix the date at which such determination shall take effect; and a copy of said order shall be forthwith published in one or more newspapers circulating in the district, or by the posting of handbills throughout the district and transmitted to the Board and to the county council.

(3.) Notwithstanding the provisions of Section seventeen, Sub-section two, subhead (c) of the Local Government (Scotland) Act 1889, it shall not be competent to appeal to the county council against any resolution of a district committee under this section.

(4.) Nothing contained in this Act shall prejudice the provisions of Sub-sections one and two of Section eighty-one of the last-mentioned Act as amended by Section forty-four of the Local Government (Scotland) Act 1894.

Amendments made: Before "special," insert "district or."—(Lord Advocate.)

Before "publication" insert "last."—(Mr. Caldwell.)

Leave out "same," and insert "resolution (whatever its terms may be)"; before "special" insert "district or"; before "section," insert "Sub-sections 1 and 2 of."—(Lord Advocate).

Clause 135,—