§ (1.) Upon requisition to that effect, made in writing, by a parish council or by not fewer than ten ratepayers within the district of a local authority not being the local authority of a burgh, the local authority shall be bound to meet, after twenty-one days' notice, and shall, whether sewers or drains have been already constructed or not, consider the propriety of—
- (a) forming part of their district into a special drainage district; or
- (b) enlarging or limiting the boundaries of a special drainage district; or
- (c) combining a special drainage district with another special drainage district; or
- (d) enlarging or limiting the boundaries of both or either of such special drainage
193 districts and combining the same or parts thereof; or
- (e) determining that any special drainage district shall cease to exist as a special drainage district, or that any such combination shall cease;
§ (2.) The order of the sheriff shall determine questions regarding the payment of any debt which may affect any district or special drainage district, and the right to impose, and the obligation to pay, any assessment affected by his determination, and shall fix the date at which such determination shall take effect, and a copy of any order pronounced by the sheriff 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.) Where a district committee is the local authority, notwithstanding the provisions of Section seventeen, Sub-section two, Sub-head (c) of the Local Government (Scotland) Act 1889, it shall not be competent to appeal to the county council against any resolution of the district committee under this section.
§ (4.) Where a special drainage district has been formed, or may hereafter be formed under the provisions of this Act, the district committee of the district in which such special drainage district is or may be situated, or the county council where a county is not divided 194 into districts, shall, in their discretion, have power to provide for the drainage of the highways and footpaths under their management and control within such special drainage district, or to pay or contribute out of the assessments raised under the Roads and Bridges (Scotland) Act 1878 a proportion of the cost of providing and maintaining sewers sufficient for the drainage of such highways and footpaths.
§ (5.) 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.
THE EARL OF CAMPERDOWN
moved in Sub-section (1) after "notice" to insert "or, if the local authority itself so resolve, it may meet after twenty-one days' notice." He remarked that the clause itself enabled the Parish Council or ten ratepayers to apply to the local authority to consider the expediency of forming a special district. He proposed to extend that power to the local authority itself. The extension would be very useful, and was a power which was required. In Scotland all matters of public health were managed by a district, and the area of taxation was the district, and no longer the parish as it used to be. Under these circumstances a district being composed of many parishes, it might happen that a small hamlet or village wanted water. The local authority desired the village to find a supply for itself, and advised them to form themselves into a special district. But if the village wished to transfer its burden to the rest of the district, it would be in its power, as the clause stood, to refuse to form itself into a special district, and if water was brought to the village it would be at the general expense of the whole district, large parts of which might be many miles distant. He desired that those who received these special facilities and advantages should pay for them. All his Amendment provided was, that after giving 21 days' notice the local authorities might meet and consider whether a special district should be formed.
said he had no objection to the Amendment, as it made no real change in the substance of the Bill. 195 His noble Friend was in error in saying the ten ratepayers would have to be within the special district. The ten ratepayers might be in the larger district out of which the small one had to be formed. When a district became a district local authority, it did require that the ten ratepayers should be ratepayers in the smaller district concerned. As the Bill now read, ten ratepayers in the district of the local authority might sign the requisition and set the procedure in motion. Therefore, if the district authority desired to form a special district in its own bounds, it would have no difficult in getting ten ratepayers to make the first move.
THE EARL OF CAMPERDOWN
said the noble Lord had not comprehended his point. This had not reference to the ton ratepayers, or the places where they lived. The clause said that where a Parish Council applied, or any ten ratepayers within a district, the local authority might meet. He had no objection to this, but he wanted to add that the local authority, if it thought there should be a district, might, after 21 days' notice, propose that there should be a special district.
replied that if the local authority itself was likely to agree to it, there would be no difficulty in getting ten ratepayers to sign a requisition. As the Amendment made no real difference in the procedure, and if the noble Lord attached importance to it, he would accept it.
§ Amendment agreed to.
§ Clause 125,—