§ With respect to the formation of special districts for scavenging and other purposes under Section 44 of the Local Government (Scotland) Act, 1894, the following provision shall have effect (that is to say):
§ It shall be competent to appeal to the Sheriff against any resolution of a District Committee or County Council, as the case may be, under Sub-section 2 of the recited section, and all the provisions of Section 111 of this Act in regard to an appeal to the Sheriff against a resolution of a local authority shall, with the necessary modifications, apply to an appeal against a resolution of a District Committee or County Council as aforesaid.
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THE EARL OF ROSSLYN moved to insert, after "that is to say" the following:—
Should a Parish Council delay or refuse to make a requisition to the County Council or District Committee to form a scavenging or cleansing district, and should the medical officer of health or sanitary inspector of the county or district report that any part of the parish is in a state that is dangerous to public health, the County Council or District Committee, as the case may be, may present a petition to the Sheriff of the county to inquire into the complaint, who shall have power, if he finds the complaint well founded, to make an order on the Parish Council to requisition the County Council or District Committee to form a scavenging or cleansing district.
*LORD BALFOURcould not accept the Amendment in its present form, because he did not think the Sheriff was the proper authority to give an opinion upon a matter of this kind, which was much more administrative than legal. On the other hand, he admitted that some districts were too slow in forming themselves into special districts. If the noble Lord would withdraw his Amendment he would undertake to consider the subject before the Bill reached the Committee stage in the other House of Parliament, with a view to proposing that something should be done, but he thought that the appeal, if any, should be with the County Council rather than the Sheriff.
THE EARL OF CAMPERDOWNasked whether, if a clause of this sort were inserted, it would not alter the whole thing. Because at present the formation of these scavenging districts was purely optional and this clause appeared to make it compulsory.
*LORD BALFOURsaid he had not committed himself to the machinery, but the point was worthy of consideration.
§ Amendment by leave withdrawn; clause ordered to stand part of Bill.
§ Clause 46,—