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Public Health (Control of Disease) Act 1984

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This is the original version (as it was originally enacted).

4General provisions as to orders constituting port health districts and authorities

(1)An order under section 2 above may contain such incidental, consequential and supplementary provisions as appear to the Secretary of State to be necessary or proper for bringing it into operation and giving it full effect, and in particular, but without prejudice to the generality of this subsection, provisions—

(a)for the settlement of any differences arising in consequence of the operation of the order between districts or other areas,

(b)for the transfer of property and liabilities, and the making of any such adjustment of accounts or apportionment of liabilities between districts or other areas as may be rendered necessary by the operation of the order, and

(c)as to the persons by or to whom any money found to be due is to be paid, and the raising of such money.

(2)Where the Secretary of State proposes to make an order amending or revoking any such order, he shall give notice of his intention to the port health authority concerned and to every authority which is, or under the proposed order will be, a constituent authority.

(3)If, within 28 days after notice has been given to any such authority, they give notice to the Secretary of State that they object to the proposal and the objection is not withdrawn, any order made by the Secretary of State shall be subject to special parliamentary procedure.

(4)Where by virtue of subsection (7) of section 2 above or subsection (3) above an order under that section (not being an order made on the application of a local authority) is subject to special parliamentary procedure—

(a)section 240 of the Local Government Act 1972 (which relates to the procedure for making such orders) shall have effect as if, for references to the applicants for the order and to the application for the order, there were substituted respectively references to the Secretary of State and to the order proposed to be made by him, and

(b)the expenses incurred by the Secretary of State in connection with the making and confirmation of the order shall be paid by such council, or by such councils in such shares, as he may direct, and the amount of those expenses as certified by him, or the amount of any share of them so certified, shall be recoverable by him from the council liable for the expenses or share as a debt due to the Crown.

(5)Any reference in this Act to an order constituting a port health district shall be construed as including a reference to any order made under this section for the amendment of the original order.

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