Part I Local Administration
Port health authorities and joint boards
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
C26 Union of districts, or parts of districts, for certain purposes under joint board. C1
1
Subject to the provisions of this section, if, on an application made to him by the local authorities of the districts to which the application relates, or by any of those authorities, it appears to the Minister that it would be for the advantage of those districts or any of them, or of any parts of those districts or any of them (whether such parts are contributory places or not), to be constituted a united district for any purpose of this Act, or of the Public Health Acts 1875 to 1932, so far as those Acts are not repealed, F2or of the Public Health (Control of Disease) Act 1984 except section 46,F3or of the Building Act 1984, the Minister may, by order, constitute for that purpose a united district consisting of such of those districts or parts of districts as can, in his opinion, be combined advantageously.
2
The governing body of a united district shall be a joint board, which shall be constituted by the order constituting the district and shall consist of representatives of the local authorities of the constituent districts or parts of districts:
Provided that, if the council of the county, or of any of the counties, in which the united district or any part thereof will be situate, undertake to make annual contributions towards the expenses of the joint board, provision may be made by the order constituting the board for the board to include representatives of that council, so, however, that the number of representatives appointed under this proviso shall be less than one-half of the total number of the members of the board.
3
A joint board constituted under this section shall be a body corporate by such name as may be determined by the order constituting the united district, and shall have perpetual succession and a common seal . . . F4
4
Where the Minister proposes to make an order under this section, he shall give notice thereof to the local authority of every district which, or any part of which, is proposed to be included in the united district, and also to the county council, and, if within twenty-eight days after such notice has been given to any such authority or council, they give notice to the Minister that they object to the proposal and the objection is not withdrawn, any order made by the Minister shall be F5subject to special Parliamentary procedure.
5
All expenses of, and incidental to, the constitution of a united district shall be payable by the joint board and, so far as those expenses are expenses incurred by the Minister, the amount thereof as certified by him shall be recoverable by him from the board as a debt due to the Crown.
F66
In relation to Wales, the proviso in subsection (2) of this section does not apply and subsection (4) of this section applies as if the words “and also the county council” and “or council” were omitted.
C37 Restriction on discharge of functions by local authorities within united district.
1
A local authority having jurisdiction in any part of a united district shall cease to discharge in relation thereto any functions which are functions of the joint board:
. . . F7
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
9 General provisions as to orders constituting port health districts, united districts and joint boards. C4
1
An order made by the Minister under the foregoing provisions of this Part of this Act constituting a . . . F10 united district, or such a joint board as is mentioned in the last preceding section, may contain such incidental, consequential and supplementary provisions as appear to him to be necessary or proper for bringing the order into operation and giving full effect thereto and, in particular, but without prejudice to the generality of the foregoing words, provisions—
a
for the settlement of any differences arising in consequence of the operation of the order, between districts, parishes 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, parishes or other areas as may be rendered necessary by the operation of the order; and
c
as to the persons by and to whom any moneys found to be due are to be paid, and the raising of such moneys.
C52
Any such order as aforesaid, . . . F11, may be amended or revoked by a subsequent order made by the Minister, but, where the Minister proposes to make an order under this subsection, he shall give notice thereof to . . . F12 joint board concerned and to every authority or council which is, or under the proposed order will be, a constituent authority or council, and, if within twenty-eight days after such notice has been given to any such authority, board or council they give notice to the Minister that they object to the proposal and the objection is not withdrawn, any order made by the Minister shall be F13subject to special Parliamentary procedure.
3
Any reference in this Act to an order constituting a . . . F14 united district, or joint board shall be construed as including a reference to any order made under this section for the amendment of the original order.
C610 Borrowing powers of port health authorities and joint boards.
A . . . F15 joint board constituted under this Part of this Act shall, subject to the provisions of the order by which they were constituted, have the like powers of borrowing for the purposes of their functions under the order as a local authority have of borrowing for the purposes of their functions under this Act.