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Poor Relief - Law Commission

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Reference Extent of repeal or revocation<br />

___________________________________________________________________<br />

<strong>Poor</strong> <strong>Law</strong> Board’s Provisional Orders The whole Act.<br />

Confirmation Act 1869<br />

(32 & 33 Vict. c.cxxiii)<br />

___________________________________________________________________<br />

<strong>Poor</strong> <strong>Law</strong> Board’s Provisional Orders Confirmation Act 1869 (32 & 33 Vict. c.cxxiii)<br />

1. This note proposes the repeal of an obsolete 1869 Act passed to confirm<br />

several provisional orders made to change the system of providing relief for the poor<br />

in parts of Norfolk and Sussex.<br />

2. According to its long title, the purpose of the 1869 Act was to:<br />

confirm three Provisional Orders made by the <strong>Poor</strong> <strong>Law</strong> Board under the <strong>Poor</strong><br />

<strong>Law</strong> Amendment Act, 1867, with reference to the city of Chester, the<br />

incorporated hundreds of Tunstead and Happing in the county of Norfolk, and<br />

the parish of Woolavington in the county of Sussex.<br />

3. Section 2 of the <strong>Poor</strong> <strong>Law</strong> Amendment Act 1867 (“the 1867 Act”) 160 provided a<br />

means whereby a union of parishes (otherwise known as a “poor law union”) or an<br />

individual parish could apply to the <strong>Poor</strong> <strong>Law</strong> Board (“the Board”) for an order to<br />

repeal or amend any local Act that controlled or regulated the arrangements for poor<br />

relief or for levying the poor rate in the area of that union or parish. 161 Section 3 of<br />

the 1867 Act provided a means whereby an analogous application could be made to<br />

the Board for an order to adjust the extent of (or to divide) a parish. The Guardians of<br />

any union or parish would apply to the Board for an order repealing or amending the<br />

local Act (or adjusting or dividing a parish). The Board, if it supported the application,<br />

would issue the necessary Provisional Order. Such Provisional Order would have<br />

effect only once it had been confirmed by Act of Parliament.<br />

4. The purpose of the 1869 Act was therefore to confirm Provisional Orders made<br />

by the Board pursuant to the 1867 Act. The 1869 Act confirmed three Orders.<br />

Chester Incorporation Order<br />

5. This Order has already been repealed. 162<br />

160<br />

30 & 31 Vict. c.106. The Act was finally repealed by the Statute <strong>Law</strong> Revision Act 1950.<br />

161<br />

Section 2 did not apply to parishes within London.<br />

162<br />

Chester Corporation Act 1932 (22 & 23 Geo.5 c.lxxxiv), s 18(1)(b); Cheshire County Council Act<br />

1980 (c.xiii), s 112(1), Sch 3, Pt 1.<br />

164

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