Poor Relief - Law Commission

More documents

Recommendations

Info

Reference Extent of repeal or revocation ___________________________________________________________________ Manchester Overseers Act 1858 The whole Act. (21 & 22 Vict. c.lxii) ___________________________________________________________________ Manchester Overseers Act 1858 (21 & 22 Vict. c.lxii) 1. This note proposes the repeal of an obsolete 1858 Act passed to make provision for the collection of poor and other rates in and around Manchester. 2. According to its long title, the purpose of the 1858 Act was to provide: for the separate Incorporation of the Overseers of the several Townships of Manchester, Ardwick, Chorlton-upon-Medlock, and Hulme for specific Purposes; for the levying and Collection of Rates; for the extinguishing the Exemption of Gasworks from Rates. 3. The preamble to the 1858 Act recorded that the Townships of Manchester, Ardwick, Chorlton-upon-Medlock and Hulme contained a very large population and that, because of the large population, “it is expedient that further Powers should be given to the Overseers of each of the said Townships in respect of the Rates levied by them”. 4. The 1858 Act provided as follows: (a) Short title and application of this Act; “rate” defined to include any rate leviable by the overseers of the four townships; saving for other Acts (sections 1 to 4) (b) Appointment of overseers of the poor for the four townships; incorporation of the overseers of each township; overseers authorised to appoint clerks and other servants with salaries payable out of the poor rates (sections 5 and 6) (c) provision as to rating unoccupied premises; power for overseers to reach agreement with owners of low value properties for reduced rate payments; cases where owner rather than occupier might be rated; penalties on such owners; definition of “owner”; occupier’s right to be rated instead of owner; occupier to be liable for rates in certain cases of default by owner (sections 7 to 15) (d) power of overseers to amend rates; appeals against such amendment; this Act not to affect existing tenancy agreements (sections 16 to 18) 160
(e) provisions about summonses and notices; rate books to be balanced each year; penalty for disobeying summons; appointment of assessors and penalty for any assessor failing to carry out duties; relief from rates; recovery of penalties (sections 19 to 29) (f) repeal of provision in the Manchester General Improvement Act 1851 154 excepting gasworks from rates (section 30) (g) the expenses of obtaining this Act (section 31). 5. The 1858 Act has long been obsolete. 155 It dates back to an age when relief for the poor, and the money to pay for this, was organised on a parish basis. As indicated in the accompanying background note, the system of parish-run poor relief was abolished by the Local Government Act 1929. The poor law system was itself finally abolished by the National Assistance Act 1948. The finance for providing the income and other support previously provided by the parish is today drawn either from funds provided by central government or raised by local government from local taxation. 6. Accordingly the 1858 Act is obsolete and may now be repealed on that basis. Extent 7. The provisions proposed for repeal had no effect outside the Manchester area. Consultation 8. HM Treasury, the Department for Communities and Local Government, the Department for Work and Pensions, Manchester City Council and the Local Government Association have been consulted about these repeal proposals. (32-195-455) LAW/005/018/06 July 2009 154 14 & 15 Vict. c.cxix, s 138. 155 The provisions of the 1858 Act were subsequently amended or applied as they related to the overseers: Manchester Corporation Waterworks and Improvement Act 1875 (38 & 39 Vict. c.clxi), s 55; Local Government Board Provisional Order Confirmation (<strong>Poor</strong> <strong>Law</strong>) Act 1886 (49 & 50 Vict. c.xix), art 1 of Manchester and Hulme Order; Manchester Corporation (General Powers) Act 1904 (4 Edw.7 c.ccxxxv), s 95(5); Local Government Board Provisional Orders Confirmation (No.13) Act 1913 (3 & 4 Geo.5 c.cxxxvii) art 16 of Manchester Extension Order. 161
Page 1 and 2:
Statute Law Repeals: Consultation P
Page 3 and 4:
Selection of repeal candidates 6. C
Page 5 and 6:
POOR RELIEF REPEAL PROPOSALS CONTEN
Page 7 and 8:
vi Pages 53 Geo.3 c.cxxvii (1813) 1
Page 9 and 10:
Introduction THE POOR RELIEF: BACKG
Page 11 and 12:
e provided by the local poor rate w
Page 13 and 14:
12. Modern rating law is provided b
Page 15 and 16:
(f) the Corporation authorised to m
Page 17 and 18:
Consultation 8. HM Treasury, the De
Page 19 and 20:
and overseers required to attend me
Page 21 and 22:
Extent 7. The provisions proposed f
Page 23 and 24:
over poor children until they reach
Page 25 and 26:
Reference Extent of repeal or revoc
Page 27 and 28:
operating their own small workhouse
Page 29 and 30:
of the town; power to compel the id
Page 31 and 32:
Page 33 and 34:
(o) all charitable gifts given in t
Page 35 and 36:
(c) overseers of the poor authorise
Page 37 and 38:
Consultation 11. HM Treasury, the D
Page 39 and 40:
Green for so long as these annuitie
Page 41 and 42:
Page 43 and 44:
in 1927 and was converted to use as
Page 45 and 46:
5. The 1767 Act has long been obsol
Page 47 and 48:
(e) qualification of the Directors;
Page 49 and 50:
Page 51 and 52:
(l) rewards for industrious workhou
Page 53 and 54:
9. The 1775 and 1801 Acts have long
Page 55 and 56:
hire out poor inmates to bring in t
Page 57 and 58:
competent to give evidence; constru
Page 59 and 60:
Page 61 and 62:
(o) rewards for industrious workers
Page 63 and 64:
(f) money raised by poor rates to b
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
treasurer, clerk and other officers
Page 71 and 72:
income and other support previously
Page 73 and 74:
convene vestry meetings; election o
Page 75 and 76:
6. The 1791 Act has long been obsol
Page 77 and 78:
security of the poor rates and of b
Page 79 and 80:
Page 81 and 82:
(k) Charitable bequests for the poo
Page 83 and 84:
Page 85 and 86:
(j) the existing workhouse to be ve
Page 87 and 88:
Page 89 and 90:
despatch the drunken, idle or disor
Page 91 and 92:
Shropshire (later known as Cross Ho
Page 93 and 94:
(d) recent purchase of land by the
Page 95 and 96:
Page 97 and 98:
(h) provision to ensure that no Dir
Page 99 and 100:
Page 101 and 102:
(d) Directors and Acting Guardians
Page 103 and 104:
Consultation 9. HM Treasury, the De
Page 105 and 106:
(d) inhabitants of parish to appoin
Page 107 and 108:
Page 109 and 110:
orrowed to be used for furnishing t
Page 111 and 112:
Page 113 and 114:
from funds provided by central gove
Page 115 and 116:
(d) all byelaws made under the auth
Page 117 and 118: 8. A workhouse was built in 1767 in
Page 119 and 120: Committees; Directors to meet their
Page 121 and 122: Reference Extent of repeal or revoc
Page 123 and 124: 7. Accordingly the 1813 Act is obso
Page 125 and 126: (d) power to rectify errors in any
Page 127 and 128: (b) establishment of a corporation
Page 129 and 130: the House of Industry in the same p
Page 135 and 136: officers as if they were overseers;
Page 137 and 138: Extent 8. The provisions proposed f
Page 139 and 140: let out for employment as servants
Page 145 and 146: Justices of the Peace to act on the
Page 147 and 148: from funds provided by central gove
Page 149 and 150: (b) the poor in the house of indust
Page 153 and 154: industry, to furnish it and to keep
Page 157 and 158: Consultation 9. HM Treasury, the De
Page 159 and 160: acting if not duly qualified; Justi
Page 161 and 162: (s) churchwardens and overseers and
Page 165 and 166: (k) penalty for stealing or receivi
Page 167: 7. Accordingly the 1833 Act is obso
Page 171 and 172: 5. Section 1 of the 1868 Act set ou
Page 173 and 174: Tunstead and Happing Incorporated H
Page 175 and 176: Ulverstone Union (Parish of Dalton)
Page 177 and 178: which have already been repealed. I
Page 181 and 182: Parish of Boldre Order 10. This Ord
Page 185 and 186: Consultation 10. HM Treasury, the D
Page 187 and 188: Parish of St Mary Abbotts, Kensingt
Page 189: Parish of St James, Westminster Ord
show all

Poor Relief - Law Commission

Create successful ePaper yourself

Delete template?

Save as template?