Local Government Act, 1946

Separate appearance at local inquiry by manager.

90.—(1) Where a local inquiry to be held under section 83 of the Act of 1941 is concerned with the whole or part of the functions of a local authority, the Minister may, if he so thinks fit, order that the manager for the local authority may appear separately at the inquiry.

(2) Where an order is made under subsection (1) of this section in relation to a local inquiry concerned with the whole or part of the functions of a local authority—

(a) the manager for the local authority may appear at the inquiry personally or by counsel or solicitor,

(b) where the manager appears at the inquiry by counsel or solicitor, the reasonable cost of the appearance (subject to such, if any, limit as the Minister may think proper to impose) shall be paid by the local authority,

(c) the employment and instruction of the counsel or solicitor appearing at the inquiry on behalf of the local authority shall be a reserved function.

(3) In this section, the expression “the manager” means—

(a) as respects the corporation of a county borough—the manager for the purposes of the Acts relating to the management of the borough, and

(b) as respects any other local authority—the manager for the local authority for the purposes of the County Management Acts, 1940 and 1942.