Local Government (Amendment) (No. 2) Act, 1934

Continuance of bye-laws, etc.

17.—(1) Save as is otherwise provided by this section, every bye-law, rule or regulation lawfully made by the existing board before the appointed day in respect of any area which, or any part of which, is included in a new district or in a joint district which is coterminous with or includes a new district and in force in such area immediately before the appointed day shall, on and after the appointed day continue in force and have effect in so much of such area as is within such new district or joint district (as the case may be) as a bye-law, rule or regulation (as the case may be) made by the board of health for such new district on the appointed day in respect of such area or part respectively for the residue then unexpired of the period for which the same was actually made by the existing board, and accordingly every such bye-law, rule, and regulation may be continued, varied, or revoked and penalties and forfeitures arising thereunder on or after the appointed day may be recovered and enforced by the board of health of such new district in the like manner and as fully as the same could have been continued, varied, revoked, recovered, or enforced by the existing board if the dividing order had not come into force.

(2) Where the existing board is a board of health and public assistance this section shall not affect the operation of any bye-law, rule or regulation made by the existing board in the performance of its functions for the relief of the poor.

(3) If any doubt, dispute, or question shall arise whether the operation of any particular bye-law, rule or regulation is prevented by the next preceding sub-section of this section from being affected by this section, such doubt, dispute, or question shall be decided by the Minister whose decision thereon shall be final.