HC Deb 06 August 1913 vol 56 cc1660-3

(1) For the purpose of providing institutions for the treatment of tuberculosis or any such other disease as the Local Government Board for Scotland, with the approval of the Treasury, may appoint, a county council in Scotland shall have power to borrow in terms of the Local Government (Scotland) Act, 1889, on the security of the general purposes rate, as applied by Section 80 of the principal Act, such sums as may be required, and shall have power to acquire, purchase, or take on lease any land; and the provisions of Section 5 of the Local Government. (Scotland) Act, 1908, shall apply accordingly as if this Act were specified therein.

(2) Expenses of a district committee defrayed out of the public health general assessment within the district in pursuance of an agreement under the principal Act or this Act, or in the exercise of any power of dealing with tuberculosis as an infectious disease, shall not be reckoned in any calculation as to the statutory limit of that assessment.

(3) A county council in Scotland that has been authorised by the Board to provide an institution in terms of Section 64, Subsection (2) of the principal Act shall have the same powers of providing treatment for all persons suffering from tuberculosis as are possessed by local authorities under the Public Health (Scotland) Act, 1897, for the treatment of infectious diseases.

(4) At the end of Sub-section (4) of Section 80 of the principal Act, the following shall be added:—

And provided further that for the purposes of Sub-section (3) of Section 64 of the principal Act, relating to the provision of sanatoria, burghs, and police burghs so held to be within the county shall be entitled to direct representation on the joint committees, joint boards, or otherwise, therein referred to, in such manner as may be determined by the Board.

(5) All proceedings for any contravention of or non-compliance with any of the provisions of Part I. or of Part III., so far as relating to matters under Part I. of the principal Act or this Act, or the regulations made thereunder, shall in Scotland be instituted and carried on under the provisions of the Summary Jurisdiction (Scotland) Acts, and may be taken at the instance of the procurator fiscal or of the Scottish Insurance Commissioners.

(6) Where an employer in Scotland has failed or neglected to pay any contributions which, under Part I. of the principal Act, he is liable to pay in respect of an employed contributor the amount which he has so failed or neglected to pay shall be a debt due from the employer to the Commissioners, and shall be recoverable by the Commissioners summarily as a civil debt: Provided that the powers conferred by this Section on the Commissioners shall be deemed to be in supplement of and no- wise in restriction of the powers conferred upon them or upon members of approved societies by the principal Act.

Amendments made: In Sub-section (1), after the word "if" ["apply accordingly as if this Act"], insert the words "the principal Act and."

In Sub-section (2), after the word "tuberculosis" ["dealing with tuberculosis as an infectious disease"], insert the words "or such other disease as aforesaid."

In Sub-section (3), after the word "tuberculosis" ["suffering from tuberculosis as are possessed"], insert the words "or such other disease as aforesaid."—[Mr. Ure.]

Mr. PRINGLE

I beg to move at the end of Sub-section (3) to insert the words. "Provided that where a local authority under the last-mentioned Act have a duly approved, scheme for dealing with tuberculosis, these powers shall not be conferred on the county council with reference to the area to which the scheme applies."

As the law at present stands certain local authorities in Scotland have powers with reference to the provision for treatment of poor persons suffering from tuberculosis under the Public Health (Scotland) Act, 1897. This Sub-section provides that where a local authority has taken advantage of those powers the powers conferred in this Sub-section shall not be exercised with reference to the area to which such a scheme would apply. I am assured that this proviso is not required, but I should like some assurance from the Government.

Mr. URE

The information my hon. Friend has received is quite correct. His Amendment is unnecessary and for the reason that the powers which are conferred upon the county council will be confirmed after the county council has been authorised by the Local Government Board to erect sanatoria in the area. There is no chance of overlapping.

Mr. PRINGLE

I ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Amendments made: In Sub-section (4) leave out the words "shall be entitled to direct representation on the joint committees, joint boards, or otherwise, therein referred to," and insert instead thereof the words "may receive direct representation in groups or otherwise on any joint committees, joint boards, or other bodies thereby constituted."

At the end of the Clause add the words, "The reference in this Act to the Lord Chancellor shall, as respects Scotland, be construed as a reference to the Lord President of the Court of Session."—[Mr. Ure.]