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Transfer to district councils of business of baronial presentment sessions and grand jury and extension of powers of urban district councils as to roads.
41 & 42 Vict. c. 52.
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27.—(1) Subject to the provisions of this Act there shall be transferred—
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(a) to the district council of every county district, the business of any baronial presentment sessions so far as respects their district; and
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(b) to the district council of every urban county district, so far as respects their district, the business of the grand jury of the county in relation to public works, the expense of the maintenance of which is not wholly or partly leviable off the county at large;
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but the said transfer shall only operate so far as the business is not already the business of the district council.
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(2) A county council shall not, without the consent of the Local Government Board, approve of any expenditure on roads proposed by the council of any rural district, which will cause the expenditure on the roads of the district to exceed by one-fourth the amount certified by that board to have been the average expenditure thereon during the three years next before the passing of this Act, and the Board may as respects each council consent either for a particular road or a particular year, or generally, and in the latter case may fix a new limit under this section.
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(3) An urban district council shall transact the business transferred to them by this section in the manner prescribed by general rules of the Local Government Board.
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(4) The council of every urban county district shall for the purpose of any business transferred to them from a grand jury, either by this or any other Act, or by any order made under the Public Health Act, 1878, have the same powers as respects land or easements or rights over land as a county council, and the provisions of Part I. of this Act with respect to the acquisition, purchase, taking on lease, or exchange of land, easements, or rights, or the taking or use of any land, easements, or rights by a county council, shall apply accordingly with the necessary modifications.
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(5) If the council of any urban county district, or the council of any adjoining rural district, consider that any contribution should be made by one council to the other in respect of a liability for maintaining any public work heretofore maintained out of money levied off an area comprising the whole or part of both such districts, the councils may agree upon such contribution, and in default of agreement either council may apply to the Local Government Board to order such contribution, and that Board shall deal with the application as a matter of adjustment under this Act.
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(6) The council of any urban county district may undertake the entire maintenance of any road in the district, the expenses of the maintenance of which are leviable partly off the county at large, and may so undertake upon such terms as may be agreed upon, or in default of agreement be fixed by an order of the Local Government Board.
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(7) Where an order of the Local Government Board, under the foregoing provisions, deals with an application to order any contribution or fixes the terms of an undertaking, and within three months after the order the Board receive a petition against it from either council affected, or from at least one-fourth of the local government electors of any district or county affected, the order shall be provisional only, and a certificate of the Local Government Board that no such petition has been received, and that the order has taken effect, shall be conclusive evidence of those facts.
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(8) Nothing in this section or in the provisions of this Act with respect to main roads shall, save as respects the alteration of financial relations in Part Four of this Act mentioned, affect the provisions of any local Act, or any Provisional Order confirmed by an Act, respecting the maintenance of any road in an urban county district, or respecting the liability of the district to contribute towards any expenses of the maintenance of any road outside the district.
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