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Making and confirmation of provisional order.
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8.—(1) Upon compliance with the foregoing provisions with respect to the publication of an advertisement and the service of notices, the local authority shall present a petition . to the Local Government Board, praying that an order may be made confirming such scheme.
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(2) The petition shall be accompanied by a copy of the scheme, and shall state the names of the owners or reputed owners, lessees or reputed lessees, who have dissented in respect of the taking their lands, and shall be supported by such evidence as the . Local Government Board, (in this part of this Act referred to as the confirming authority), may from time to time require.
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(3) If, on consideration of the petition and on proof of the publication of the proper advertisements and the service of the proper notices, the confirming authority think fit to proceed with the case, they shall direct a local inquiry to be held in, or in the vicinity of, the area comprised in the scheme, for the purpose of ascertaining the correctness of the official representation made as to the area and the sufficiency of the scheme provided for its improvement, and any local objections to be made to such scheme.
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(4) After receiving the report made upon such inquiry, the confirming authority may make a provisional order [1]
declaring the limits of the area comprised in the scheme and authorising such scheme to be carried into execution.
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(5) Such provisional order may be made either absolutely or with such conditions and modifications of the scheme as the confirming authority may think fit, so that no addition be made to the lands proposed in the scheme to be taken compulsorily, and it shall be the duty of the local authority to serve a copy of any provisional order so made in the manner and upon the persons in which and upon whom notices in respect of lands proposed to be taken compulsorily are required by this part of this Act to be served, except tenants for a month or a less period than a month.
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(6) A provisional order [1]
made in pursuance of this section shall not be of any validity unless and until it has been confirmed by Act of Parliament; and it shall be lawful for the confirming authority, as soon as conveniently may be, to obtain such confirmation, and any Act confirming any provisional order made in pursuance of this part of this Act, with such modifications as may seem fit to Parliament, shall be a public General Act of Parliament, and is in this part of this Act referred to as the confirming Act.
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(7) The confirming authority may make such order as they think fit in favour of any person whose lands were proposed by the scheme to be taken compulsorily for the allowance of the reasonable costs, charges and expenses properly incurred by him in opposing such scheme.
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(8) All costs, charges and expenses incurred by the confirming authority in relation to any provisional order under this part of this Act shall, to such amount as the confirming authority think proper to direct, and all costs, charges, and expenses of any person to such amount as may be allowed to him by the confirming authority in pursuance of the aforesaid power, shall be deemed to be an expense incurred by the local authority under this part of this Act, and shall be paid to the confirming authority and to such person respectively, in such manner and at such times and either in one sum or by instalments as the confirming authority may order, with power for the confirming authority to direct interest to be paid at such rate not exceeding five pounds in the hundred by the year as the confirming authority may determine, upon any sum for the time being due in respect of such costs, charges, and expenses as aforesaid.
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(9) Any order made by the confirming authority in pursuance of this section may be made a rule of a superior court, and be enforced accordingly.
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[1 In certain cases the order takes effect without confirmation by Parliament; see, as to E., 3 Edw. 7. c. 39, ss. 5 (2), (3), 6, and as to I., 8 Edw. 7. c. 61, s. 6.]
[1 In certain cases the order takes effect without confirmation by Parliament; see, as to E., 3 Edw. 7. c. 39, ss. 5 (2), (3), 6, and as to I., 8 Edw. 7. c. 61, s. 6.] |
