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Municipal and Sanitary Legislation in 1913.
There has again been only a limited amount of legislation by the
Imperial Parliament affecting Local Governing and Sanitary Authorities
during 1913. The Acts passed during the lengthy past session, and
which contain provisions affecting the powers and duties of County,
Borough, Urban, and Rural District Councils, are as follow:—(l) The
Local Government (Adjustments) Act, 1913) 3 and 4 Geo. 5, c. 19;)
(2) The Public Health (Prevention and Treatment of Disease) Act,
1913 (3 and 4 Geo. 5, c. 23) ; (3) The Ancient Monuments Consolidation
and Amendment Act, 1913 (3 and 4 Geo. 5, c. 32); and (4) The
Expiring Laws Continuance Act, 1913 (3 and 4 Geo. 5, c. 15).
PUBLIC HEALTH (PREVENTION AND TREATMENT OF DISEASE) ACT.
This Act was passed with a view to removing some administrative
difficulties which have been experienced in connection with the law
relating to public health. It will be remembered that Sec. 281 of the
Public Health Act, 1875, which relates to the establishment of Joint
Boards as the governing bodies for united districts, enacts that upon
the constitution of a Joint Board the Local Authorities having jurisdiction
in the component districts or contributory places shall cease to
exercise therein any powers, or to perform any duties, or be subject
to any liabilities or obligations which the Joint Board is authorised to
exercise or perform or is made subject to. This provision has been
found to create a difficulty by preventing a Sanitary Authority which is
a constituent member of a Joint Hospital Board from establishing a
dispensary for the treatment of tuberculosis for their own district.
Sec. 1 of the new Act empowers the Local Government Board,
notwithstanding the provisions of the enactment above referred to, to
authorise by order a Local Authority having jurisdiction in any part of
a united district to exercise in relation to that part any powers which
the Joint Board are also authorised to exercise, subject to such restrictions
and conditions as may be imposed by the order.
Again, Sec. 130 of the Public Health Act, 1875, enables the Local
Government Board to make regulations for preventing the spread of
cholera or other epidemic, endemic, or infectious disease, and to declare
by what Authority or Authorities these regulations shall be enforced.
As County Councils had not been established when the Act was passed,
it was considered that such Councils could not properly be declared to
be Authorities for carrying any such regulations into effect. But in dealing
with some diseases, it may be found desirable that some functions should
be carried out by an Authority having jurisdiction over a large area.