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Local Government Act 1929

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This is the original version (as it was originally enacted).

Application to local Act and Appointed Guardians

19Application to local Act guardians

(1)Where a board of guardians is a board constituted or acting under a local Act, the functions transferred to the council of the county or county borough under this Part of this Act shall be the functions of a board of guardians under the Poor Law Act, 1927, and not the functions of the board under the local Act.

(2)Where any property vested in a board of guardians constituted or acting under a local Act is held by them for charitable purposes, nothing in this Act shall transfer such property to the council of any county or county borough; but -the Charity Commissioners may, in accordance with their ordinary jurisdiction under the Charitable Trusts Acts, 1853 to 1925, establish a scheme providing for the constitution of a body of trustees to administer the charitable property, and for the vesting or transfer of such property in or to the Official Trustee of Charity Lands, or the Official Trustees of Charitable Funds, as the case may require, or in or to the body of trustees so constituted, or any members thereof, as if the charity were a charity within the jurisdiction of the Commissioners under those Acts, but without the necessity of any application being made for the purpose.

20Application to unions with appointed guardians

(1)The provisions of this Act shall apply as respects any poor law union with respect to which an order under the Boards of Guardians (Default) Act, 1926, or section two hundred and twenty of the Poor Law Act, 1927, constituting an appointed board of guardians for the union is in force at the commencement of this Act, or is made thereafter, subject to the provisions of this section.

(2)The Minister may by order declare that as respects the whole or any part of any such union the provisions of this Part and Parts VII and VTII of this Act except such as may be specified in the order shall not come into operation until the first day of April, nineteen hundred and thirty-five; and where such an order is made, then, as respects the poor law union or part thereof to which the order relates and subject to any exceptions contained in the order—

(a)the said first day of April shall be the appointed day for the purposes of this Part and Parts VII and VIII of this Act;

(b)the Poor Law Act, 1927, and any other enactment relating to the relief of the poor, shall, until the said first day of April, remain in full force and effect;

(c)the administrative scheme shall be prepared and submitted to the Minister between the thirty-first day of March and the thirty-first day of October, nineteen hundred and thirty-four.

(3)An order made under this section—

(a)may provide for the continuance in office till the said first day of April of the persons who are appointed guardians at the date of the order or of any persons who may from time to time be appointed in their place;

(b)may provide for making such adaptations in the provisions of this Act relating to grants, expenses, the transfer of property and liabilities, and the transfer, superannuation and compensation of officers, as may be necessary and may provide for applying to the appointed guardians with the necessary adaptations the provisions of this Act relating to the mitigation of the liability of councils for temporary loans;

(c)may authorise the appointed guardians to make arrangements with the council of any county, county borough or district for the provision by that council of any assistance which could be provided, either by the guardians or by the council;

(d)may provide that for the purposes of the provisions of this Part of this Act relating to combinations of councils for special purposes the appointed guardians shall be treated as if they were the council of a county or county borough.

(4)An order under this section shall be laid before Parliament as soon as may be after it is made.

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