Page:Local Government (Provincial Powers) Act 1926.djvu/1

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[Date of commencement―10th February, 1926.

To declare the legislative powers of Provincial Councils in relation to local government institutions other than municipal institutions or divisional councils; in that respect to amend section eighty-five of the South Africa Act, 1909; and to validate acts done by or under authority of public health committees established in the Province of Natal under Ordinance No. 7 of 1923.

(Assented to 5th February, 1926.) (Signed by the Governor-General in English.)

HEREAS the Provincial Council of Natal provided in Ordinance No. 7 of 1923, as amended by Ordinance No. 6 of 1924, for the establishment of certain public health committees:

And whereas the said Ordinances were assented to by the Governor-General on the first day of June, 1923, and the ninth day of June, 1924; respectively:

And whereas by virtue of a judgment of the appellate division of the Supreme Court, dated the twenty-seventh day of November, 1925, it has been made to appear that it was not within the power of the said Provincial Council to pass the said Ordinances:

And whereas certain public health committees were established under the provisions of the said Ordinance No. 7 of 1923, and it is desirable to validate the acts done by committees and by other persons under the authority of such committees or under regulations made by them:

And whereas it is desirable that Provincial Councils should be empowered to legislate in respect of local institutions having authority and functions in respect of the local government of, or the preservation of the public health in, any area within their respective Provinces, and that, for that purpose, section eighty-five of the South Africa Act, 1909, should be amended:

E IT ENACTED by the King’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa as follows:―

1. (1) Section eighty-five of the South Africa Act, 1909, is hereby amended by the deletion from paragraph (vi) of the words “of a similar nature” and the substitution therefor of the words “having authority and functions in any area in respect of the local government of, or the preservation of public health in, that area, including any such body as is referred to in section seven of the Public Health Act, 1919 (Act No. 36 of 1919).”

(2) The provisions of subsection (1) shall be deemed to have come into operation on the first day of January, 1920: Provided that the provisions of this sub-section shall not apply to the Ordinances referred to in section two.