HC Deb 01 November 1909 vol 12 cc1546-7

(1) The procedure on any appeal under this Part of this Act to the Local Government Board shall be such as the Board may by rules determine, and on any such appeal the Board may make such order in the matter as they think equitable, and any order so made shall be binding and conclusive on all parties, and where the appeal is against any notice, order, or apportionment given or made by the local authority, the notice, order, or apportionment may be confirmed, varied, or quashed, as the Board think just.

House agreed with Lords Amendment, after "Act" insert "including costs."

House disagreed with the following Lords Amendments:

After "Board" ["Local Government Board"] insert "or a county court."

After "Board" ["the Board may by rules"] insert "or the authority having power to make rules of practice under the County Courts Act, 1888."

After "Board" ["the Board may make"] insert "or the court."

After "Board" ["the Board think just"] insert "or the court."

After "just" insert "(2) The decision of the judge of county courts of the district on any appeal to the court under this Part of this Act shall be final."

Mr. BURNS moved, at the end of the Clause, to insert, "Provided that the Local Government Board at any stage of the proceedings on appeal shall, if so directed by the High Court, state in the form of a special case for the opinion of the court any question of law arising in the course of the appeal."

This is a material concession to meet those cases which have been referred to where substantial points of law arise. I am advised by my Noble Friend the Lord Chancellor that this is not only just but necessary, and will probably tend to remove—though it will only be very exceptionally used—a certain amount of discontent which would ensue if these words were not included.