Volume 1

Glen's law of public health and local government / [William Cunningham Glen].

  • W. Cunningham Glen
Date:
1925
Catalogue details

Licence: Public Domain Mark

Credit: Glen's law of public health and local government / [William Cunningham Glen]. Source: Wellcome Collection.

    1473/1480 (page 1203)
    (2) An application for leave to appeal shall be made in writing and shall contain a s^a*emen^. °f the facts and contentions on which the applicant relies. any case in which an application for leave to appeal has been granted le Minister may accept the application as an appeal, and shall notify the Council that leave to appeal has been granted, and furnish them with a' copv of the application.3] J Minister may on any appeal make such order in the matter as he thinks equitable, and any order so made shall be binding and conclusive on all parties. I_5_r Where the Minister does not for the purpose of determining an appeal appoint an arbitrator to act for him in pursuance of his powers under sect. 30 nnrrT* Regulation of Railways Act, 1868, as applied by sect. 62 of the Act of 1909, the costs of the appeal, including the costs of any public local inquire held in connection therewith, shall be in the discretion of the Minister, who may direct to and by whom and in what manner those costs or any part thereof shall be paid and may tax or settle the amount of costs to be so paid or any part thereof. [Clause 56a.—Where the Council are empowered to make an order with the approval of the Minister under any provisions of this Scheme— (1) The order shall, where necessary, refer to a plan on a scale not less than that of the Map defining the land or any neighbouring land affected. (2) The Council shall, before submitting the order to the Minister for approval, give notice thereof by advertisement in a local newspaper circulating in the area. The Council shall include in the notice a statement that a print of the order and plan (if any) will be open for inspection at a specified place or places, and that any interested person desiring to make any representations or objections with respect thereto may address them in writing to the Council within a specified period, not being less than 14 days from the date of the advertisement. (3) Where the order relates to specified land, notices in the same terms shall be served on the owners of the land and on any neighbouring owners in the area who may in the opinion of the Council be affected. Before approving the order under this Clause, the Minister may require similar notices to be served on any additional owners who may in his opinion be affected by the order. (4) The order may include any necessary modifications in the application of this Scheme to the land or any neighbouring land to which the order relates. (5) The Minister may approve the order with or without modifications, or may disapprove it, provided that he is satisfied, before approving any order made in pursuance of Clauses . . .,5 that the provisions of the order are reasonable having regard to the nature and situation of the land affected by the order. (6) An order approved under this Clause shall have effect as if it were incorporated in and formed part of this Scheme. (7) An order approved under this Clause shall be in duplicate, one part to be deposited with this Scheme at the office of the Clerk to the Council and the other at the Ministry of Health. (8) A copy of the order shall be served by the Council on any owner on whom a notice has previously been served under this Clause, and notice of the approval of the order shall also be given by advertisement in a local newspaper circulating- in the area, stating that a copy of the order as approved by the Minister may be inspected at a specified place or places.6] Clause 57. Claims under sect. 58 of the Act of 1909 for compensation or in respect of any increase in the value of property due to the making of this Scheme, shall be made within 12 months from the date of approval of this Scheme : Provided that in the event of such a claim arising out of the exercise by the Council of any power conferred on them under Clauses 6 (2) [6 (5) 7], 10, 33, 37, or 38, the claim may be made at any time not later than 12 months after the date on which notice is given by the Council to the claimant of the exercise by Clause 56. Approval of orders by the Minister. Claims for compensation and betterment. (3) According to the 1924 Supplement No. 1, “ It is considered desirable that the Minister should have power to refuse to entertain appeals which are obviously frivolous or clearly not justified, and that a prospective appellant should accordingly be required to obtain the Minister’s l^ave, before making an appeal to him.” But whether section 39 of the Act of 1909 gives the Minister any power to require previous “ leave ” is open to con¬ connection are to Clauses 18 (4), 27, 28 (4) (a) (b), 33 (6), and 43 (2). (4) Ante, p. 1121. (5) “ Insert Clauses dealing with matters within the scope of H. T. P. Act, 1909, s. 59 (2) ”—e.g., Model Clause 29. (6) From Supplement No. 1 of 1924, which says: “ This is a new Clause for use where a Scheme includes a number of Clauses taking power to substitute new provisions bv order —to be inserted after Model Clause 56.”