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Power to appoint receiver where metropolitan borough council fails to meet precept.
38 & 39 Vict. c. 83.
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2.—(1) Where, in pursuance of a percept issued by an authority either before or after the passing of this Act, any sum is payable, directly or indirectly, by the council of a metropolitan borough to that authority, and the Minister of Health is satisfied that the council have refused or neglected to raise the amount by a rate, or that, having raised the amount by a rate, the council have refused or neglected to pay the amouth due under the precept, the Minister may issue a certificate to that effect, and thereupon the authority shall have the like power of applying for the appointment of a receiver, and a receiver may upon such applicaton, be appointed in like manner and, when appointed, have the like power as if the authority were a secured creditor of the council for the sum due under the precept with interest thereon at the rate of six per centum per annum from the date when the amount became payable under the precept, and that sum and interest were due under a security issued under the Local Loans Act, 1872, chargint the same on the rates leviable by and on all other property of the council, and the conditions under which a receiver may, in such a case, be appointed under section twelve of that Act were fulfilled, and that section shall apply accordingly:
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(2) Where an authority have issued a precept to a board of guardians in the administrative county of London and the Minister is satisfied that the board of guardians have failed to include the amount of the precept in any precept issued by them to a metropolitan borough council, the Minister may, by order, cancel the precept to the guardians and authorise the authority to issue a precept to the council for the amount due under the precept to the guardians, and in that case the amount specified in the precept to the council shall become payable to the authority in the same manner as it would have become payable to the guardians if the precept had been issued by them.
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(4) Where, in pursuance of a precept issued by an authority either before or after the passing of this Act, any sum is payable, directly or indirectly, by the council of a metropolitan borough to that authority, the authority may set off any sum payable to the council by the authority against the sum payable by the council in pursuance of the precept, without prejudice to proceedings for the recovery of the balance (if any) of the last-named sum under the provisions of this section.
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