Poor Relief - Law Commission

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Reference Extent of repeal or revocation ___________________________________________________________________ Poor Law Board’s Provisional Orders The whole Act. Confirmation Act 1871 (34 & 35 Vict. c.lxi) ___________________________________________________________________ Poor Law Board’s Provisional Orders Confirmation Act 1871 (34 & 35 Vict. c.lxi) 1. This note proposes the repeal of an obsolete 1871 Act passed to confirm two provisional orders made to change the system of providing relief for the poor in parts of Gloucester and Lancashire. 2. According to its long title, the purpose of the 1871 Act was to: confirm two Provisional Orders made by the Poor Law Board under the Poor Law Amendment Act, 1867, with reference to the parishes of Shipton Oliffe and Shipton Sollars in the county of Gloucester and to the parish of Dalton in the county of Lancaster. 3. Section 3 of the Poor Law Amendment Act 1867 (“the 1867 Act”) 165 provided a means whereby a union of parishes (otherwise known as a “poor law union”) or an individual parish could apply to the Poor Law Board (“the Board”) for an order to adjust the extent of (or to divide) a parish. The Guardians of any union or parish would apply to the Board for an order adjusting or dividing a parish. The Board, if it supported the application, would issue the necessary Provisional Order. Such Provisional Order would have effect only once it had been confirmed by Act of Parliament. 4. The purpose of the 1871 Act was therefore to confirm Provisional Orders made by the Board pursuant to the 1867 Act. Section 1 of the 1871 Act confirmed two such Orders. Northleach Union (Shipton Oliffe and Shipton Sollars Parishes) Order 5. This Order, dated 23 February 1871, provided for the parishes of Shipton Oliffe and Shipton Sollars in the county of Gloucester to be consolidated under the name of the Parish of Shipton. The Order was to take effect on 29 September 1871. 165 30 & 31 Vict. c.106. The Act was finally repealed by the Statute Law Revision Act 1950. 166
Ulverstone Union (Parish of Dalton) Order 6. This Order, dated 1 May 1871, provided for the part of the parish of Dalton in the county of Lancaster that was within the Municipal Borough of Barrow to be separated from the parish of Dalton and to constitute a separate area to be known as the Borough of Barrow. The Order was to take effect on 29 September 1871. Effect of the repeal 7. The purpose of the 1871 Act was to confirm the validity of the two Orders with effect from the passing of the Act on 29 June 1871. The 1871 Act thereupon became spent 166 except to the extent that either of the Orders continued to serve any useful purpose. The Act is proposed for repeal on that basis, subject to an appropriate saving provision to preserve the validity of the individual Orders in so far as they have any continuing utility. Extent 8. The 1871 Act had no effect outside the areas of the Orders (Gloucester and Lancashire). Consultation 9. HM Treasury, the Department for Communities and Local Government, the Department for Work and Pensions, Gloucestershire Council, Lancashire County Council and the Local Government Association have been consulted about these repeal proposals. (32-195-455) LAW/005/018/06 July 2009 166 The only other substantive provision in the 1871 Act was section 2 (award of compensation for loss of employment etc as a result of the Orders). 167
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Statute Law Repeals: Consultation P
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Selection of repeal candidates 6. C
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POOR RELIEF REPEAL PROPOSALS CONTEN
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vi Pages 53 Geo.3 c.cxxvii (1813) 1
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Introduction THE POOR RELIEF: BACKG
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e provided by the local poor rate w
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12. Modern rating law is provided b
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(f) the Corporation authorised to m
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Consultation 8. HM Treasury, the De
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and overseers required to attend me
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Extent 7. The provisions proposed f
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over poor children until they reach
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Reference Extent of repeal or revoc
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operating their own small workhouse
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of the town; power to compel the id
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(o) all charitable gifts given in t
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(c) overseers of the poor authorise
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Consultation 11. HM Treasury, the D
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Green for so long as these annuitie
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in 1927 and was converted to use as
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5. The 1767 Act has long been obsol
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(e) qualification of the Directors;
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(l) rewards for industrious workhou
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9. The 1775 and 1801 Acts have long
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hire out poor inmates to bring in t
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competent to give evidence; constru
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(o) rewards for industrious workers
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(f) money raised by poor rates to b
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treasurer, clerk and other officers
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income and other support previously
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convene vestry meetings; election o
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6. The 1791 Act has long been obsol
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security of the poor rates and of b
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(k) Charitable bequests for the poo
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(j) the existing workhouse to be ve
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despatch the drunken, idle or disor
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Shropshire (later known as Cross Ho
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(d) recent purchase of land by the
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(h) provision to ensure that no Dir
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(d) Directors and Acting Guardians
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Consultation 9. HM Treasury, the De
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(d) inhabitants of parish to appoin
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orrowed to be used for furnishing t
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from funds provided by central gove
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(d) all byelaws made under the auth
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8. A workhouse was built in 1767 in
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Committees; Directors to meet their
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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
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Page 131 and 132: Reference Extent of repeal or revoc
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 and 168: 7. Accordingly the 1833 Act is obso
Page 169 and 170: (e) provisions about summonses and
Page 171 and 172: 5. Section 1 of the 1868 Act set ou
Page 173: Tunstead and Happing Incorporated H
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
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Poor Relief - Law Commission

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