HL Deb 17 April 1891 vol 352 cc781-2

Order of the Day for the Second Reading, read.


My Lords, this is a Bill to remove a doubt which exists as to certain provisions with regard to the application of borough funds under the Borough Funds Act and the Local Government Act of 1888, when considered in relation to the Railways and Canals Traffic Act. The question, though a very small one, is this: Under the borough Funds Act and the Local Government Act, Local Bodies are given the power of opposing, at the expense of the rates, any local Act. Under the Canals Traffic Act, the Local Government Board had power to make Provisional Orders, but, instead of calling them Local and Provisional Orders, they have been called Public Acts; and some weighty authority in the law has declared that there is a doubt whether under those circumstances Local bodies can oppose these Provisional Orders under the Canals Traffic Act. I need not tell your Lordships that there cannot be a shadow of doubt they are more than within the mischief of the Acts. These are provisions which affect all Local bodies. It was obviously intended that the provisions of the borough Funds Act and the other Act I have mentioned, the County Act should apply, and that the Local bodies should be allowed to oppose those Acts which involve matters that may be prejudicial to them. I therefore ask your Lordships to allow this Bill to be read a second time, so as to settle the doubt by placing for this purpose the berough funds under the provisions of the Canals Traffic Act.

Bill read 2a (according to order), and committed to a Committee of the Whole House on Monday next.