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Poor Relief - Law Commission

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Reference Extent of repeal or revocation<br />

___________________________________________________________________<br />

Local Government Board’s <strong>Poor</strong> <strong>Law</strong> The whole Act.<br />

Provisional Orders Confirmation<br />

(Oxford etc) Act 1875<br />

(38 & 39 Vict. c.clxviii)<br />

___________________________________________________________________<br />

Local Government Board’s <strong>Poor</strong> <strong>Law</strong> Provisional Orders Confirmation (Oxford etc)<br />

Act 1875 (38 & 39 Vict.c.clxviii)<br />

1. This note proposes the repeal of an obsolete 1875 Act passed to make<br />

changes to the system of providing relief for the poor in Oxford, Stoke-on-Trent and<br />

Herefordshire.<br />

2. According to its long title, the purpose of the 1875 Act was to:<br />

confirm certain Provisional Orders made by the Local Government Board<br />

under the <strong>Poor</strong> <strong>Law</strong> Amendment Act, 1867, with reference to the City of<br />

Oxford, the Parish of Stoke-upon-Trent, and the Parishes of Sutton Saint<br />

Michael and Sutton Saint Nicholas in the County of Hereford.<br />

3. Section 2 of the <strong>Poor</strong> <strong>Law</strong> Amendment Act 1867 (“the 1867 Act”) 167 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 for an order to repeal or amend<br />

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

levying the poor rate in the area of that union or parish. 168 Section 3 of the 1867 Act<br />

provided a means whereby an analogous application could be made to the <strong>Poor</strong> <strong>Law</strong><br />

Board for an order to adjust the extent of (or to divide) a parish. In 1871 the functions<br />

of the <strong>Poor</strong> <strong>Law</strong> Board were taken over by the Local Government Board (“the<br />

Board”). 169 The Guardians of any union or parish would apply to the Board for an<br />

order repealing or amending the local Act (or adjusting or dividing a parish). The<br />

Board, if it supported the application, would issue the necessary Provisional Order.<br />

Such Provisional Order would have effect only once it had been confirmed by Act of<br />

Parliament.<br />

4. The purpose of the 1875 Act was therefore to confirm Provisional Orders made<br />

by the Board pursuant to the 1867 Act. The 1875 Act confirmed three Orders, all of<br />

167<br />

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

168<br />

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

169<br />

Local Government Board Act 1871 (34 & 35 Vict. c.70), s 2. The Act was repealed by the Statute<br />

<strong>Law</strong> (Repeals) Act 1986, s 1(1), Sch 1, Part 7.<br />

168

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