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By Section 101 (1) Where complaint is made by the County Council to the
Local Government Board that a sanitary authority have made default in
executing or enforcing any provisions which it is their duty to execute, or
enforce of this Act, or of any bye-law made in pursuance thereof, the Local
Government Board, if satisfied after due enquiry that the authority have
been guilty of the alleged default, and that the complaint cannot be
remedied under the other provisions of this Act, shall make an order limiting
a time for the performance of the duty of such authority in the matter of
such complaint. If such duty is not performed by the time limited in the
order, the order may be enforced by writ of mandamus, or the Local Government
Board may appoint the County Council to perform such duty.
(2) Where such appointment is made, the County Council shall, for the
purpose of the execution of their duties under the said appointment, have all
the powers of the defaulting sanitary authority, and all expenses incurred by
the County Council in the execution of the said duties, together with the costs
of the previous proceedings, so far as not recovered from any other person,
shall be a debt from the sanitary authority in default to the County Council,
and shall be paid by the sanitary authority out of any monies or rate applicable
to the payment of the expenses of performing the duty in which they have
made default.
(3) For the purpose of recovering such debt, the County Council without
prejudice to any other power of recovery, shall have the same power of levying
the amount by a rate, and of requiring officers of the defaulting authority to
pay over money in their hands as the defaulting authority would have in the
case of expenses legally payable out of a rate raised by that authority.
(4) The County Council shall pay any surplus of the rate so levied, to, or
to the order of the defaulting authority.
(5) If any loan is required to be raised for the purpose of the execution of
their duties under the said appointment, the County Council with the consent
of the Local Government Board, may raise the same, and may for that purpose
borrow the required sum in the name of the defaulting authority for the same
period, on the same security, and on the same terms as that authority might
have borrowed, and the principal and interest of such loan shall be a debt due
from the defaulting authority, and shall be secured and may be recovered in
like manner, as if the loan had been borrowed by that authority.
(6) The surplus (if any), of any loan not applied for the purpose for which
it is raised, shall, after payment of the expenses of raising the same, be paid
to, or to the order of the defaulting authority, and be applied as if it were the
surplus of a loan raised by that authority.
In his Report, Mr. Shirley Murphy states that the opinions of those best
qualified to judge, are strongly in favour of By-laws, that difficulties
have disappeared where they have been seriously undertaken by "a sufficient
staff provided for the purpose," that still better results would have been
attained, "if larger use had been made of the power conferred by By-laws to
proceed directly for penalty instead of adopting the method of serving notices."