Page:Halsbury Laws of England v1 1907.pdf/564

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Allotments.

342 Sect.

For the performance of their duties under {inter alia) the Allotments Acts, every county council must establish a small holdings Allotments and allotments committee, consisting either wholly or partly of 6.

Under Acts.

Small Holdings and

Allotments Committee.

members

of the council, but so that in the latter case the members council are in a majority and all matters relating to the exercise and performance by the council of their powers and duties under the Allotments Acts, 1887 to 1907 (except the power of raising a rate or borrowing money), will stand referred to such committee (/) and the council before exercising any such powers must, unless in their opinion the matter is urgent, receive and consider the report of such committee with respect to the matter in question. A county council may also delegate to such committee, with or without restrictions or conditions, as they think fit, any of their powers under the Allotments Acts, except the power of raising a rate or

of the



borrowing money (g) The committee may delegate any of their powers to sub-committees, consisting either wholly or partly of members of the committee (It), "Where any receipts or payments of money under the Small Holdings and Allotments Act, 1907, are intrusted by the county council to the small holdings and allotments committee, or any sub-committee thereof, the accounts of those receipts and payments will be accounts of the county council, and must be made up and audited.

Accounts.

accordingly Duty

of

district

and

parish councils.

(i).

752. In addition to the duty imposed, as stated above, on a county council there is a duty upon urban district councils and parish councils, and until the 1st of January, 1908, upon rural district councils, to promote the provision of allotments {k) In the case.

inferentially affected by the Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 47, sched. II. The exact effect of the amended procedure is not quite clear, but it would seem that an original duty is now cast upon county councils to initiate proceedings for the provision of allotments where there is a reasonable demand for them. (/) Eeferences in th.e Allotments Acts to the standing committee of a county council are to be construed as references to the Small Holdings and Allotments

Committee (Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 36 (1) ). (9) Hid. (h) Ibid., s. 36 (2). There is no instruction as to a majority of a sub-committee being members of either the committee or the council, and so long as at one member of the committee, not necessarily a member of the council, is on the sub-committee, all the other members of the sub-committee may be chosen from outside those bodies. If, however, there is committed to a subcommittee the power of managing small holdings (as to which see title Small Holdings), the committee in making appointments thereto must have regard to

least

the advisability of including certain representative members [ihid.). (i) Ibid., s. 36 (3). And see p. 359, post, as to accounts of expenses under the Acts. (k) The duty devolves upon district councils as successors to the " sanitary authority" mentioned in the earlier Allotments Acts. The expression has the same meaning as in the Public Health Act, 1875 (38 & 39 Yict. c. 55) (Allotments Act, 1887 (50 & 51 Vict. c. 48), s. 17). See title Public Health. It includes the council of a borough. It also includes the parish council where, under the Allotments Acts, land is purchased by the county council and is assured to the parish council. On January 1st, 1908, the powers and duties of rural district councils under the Allotments Acts will be transferred to parish councils, and the Acts will have effect as if references therein to the sanitary authority and the district thereof included references to the parish council and