Poor Relief - Law Commission
Poor Relief - Law Commission
Poor Relief - Law Commission
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Reference Extent of repeal or revocation<br />
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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