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Local Government (Scotland) Act 1929

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This is the original version (as it was originally enacted).

34Provisions for failure of local authorities with respect to water supply, & c

(1)Where the Department of Health after a local inquiry are satisfied that the local authority of any area (in this section referred to as the " defaulting authority") have failed to discharge their functions with respect to the provision of a water supply, or of sewers or drains, or with respect to housing, or have failed to discharge any other functions relating to public health, the Department may by order authorise any other local authority to discharge, for such period as the order may prescribe, the functions of the defaulting local authority which that authority have failed to discharge, and any expenses incurred by the other authority in so doing shall be a debt due by the defaulting authority to the other authority:

Provided that the defaulting local authority may appeal to the Department against any excessive and unreasonable expenditure of the other authority, and the Department if satisfied that there has been excessive and unreasonable expenditure may reduce the sum payable by the defaulting authority to the other authority by such amount as they think proper.

(2)Any sum payable by the defaulting authority to the other authority under this section in respect of expenses shall be defrayed by the defaulting authority in like manner as if the expenses had been incurred by that authority.

(3)Any expenses incurred by the other authority under this section shall be defrayed in such manner as the order may prescribe.

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