United Kingdom House of Lords Decisions

Subject_Provisional Order — Locus — Appearance Belated — Failure to Realise Scope of Proposals.

Provisional Order — Burgh — Private Legislation — General Legislation — Alteration of General Legislation by Private Legislation — Public Health — Burial-Grounds' Exemption from Rating.

Provisional Order — Burgh — Improvement Scheme — Sinking Fund — Owners and Occupiers — Creation at a Later Date of Sinking Fund for an Old Improvement Scheme. Headnote:

One of the provisions of this Order was to release the Corporation from any obligation to provide accommodation for the carrying on of the Clothes Market, an ancient market of Glasgow. On the morning of the opening of the inquiry counsel for the promoters was given a typewritten petition against this provision, which had so far been unopposed, presented on behalf of the tenants of the market. Objection was taken to the locus standi of these petitioners on the ground that they had not observed the prescribed manner for objecting and the prescribed time within which to object—Private Legislation (Scotland) Procedure Act 1899 (62 and 63 Vict. cap. 47), section 6 (2). An agent was heard on behalf of the petitioners as to there being any special grounds on which a locus should be allowed. From his statement it appeared that the site of the market had recently been changed, and the tenants had till too late failed to realise that the Order proposed, not to deprive them of the old market-place only, but also of the substituted or any accommodation. He submitted that, looking to the negotiations which had taken place between the parties and the whole circumstances, a locus ought to be allowed. The locus was refused.

The Order proposed to increase the power of assessment of the Corporation with regard to three rates—the police rate, an occupiers' rate, by 1s. in the case of occupiers of £10 and over, and by 6d. in the case of occupiers of under £10; the public health rate, an owners and occupiers' rate, by 3d.; the sewage rate, an owners and occupiers' rate, 1d. The police and sewage rates were assessed under Glasgow's private legislation; the public health rate under the Public Health (Scotland) Act 1897, which had fixed the maximum rate at 1s. Unopposed proposals were to alter the classification of property as given above to that of over £10 and £10 and under, and to withdraw the exemption of property used for religious and charitable purposes so far as regarded an owner who had let property for such purposes. It was, however, also proposed to abolish the exemption from rating enjoyed under the Rating Exemption (Scotland) Act 1874 by cemetery companies having their burial-grounds within the city. The Clyde Navigation Trustees opposed the police assessment provisions on the question of what abatement should be allowed them. Property owners opposed those regarding the public health and sewage assessments, and the cemetery companies the proposal to withdraw the exemption of burial-grounds.

The Commissioners, on the ground of the inexpediency of proceeding by private bill to overrule what is the public law of the land, found the preamble so far as regarded the public health rate and the burial-ground exemption not proved, and they allowed the Clyde Navigation Trustees an increase in the abatement they enjoyed as from certain dates.

In 1866 an improvement scheme had been authorised which contemplated the property acquired being sold after improvement, and the debt incurred for the scheme being repaid with the proceeds of the sales. The scheme included a power of assessment on occupiers only. This power was by a subsequent Act in 1880 made available for defraying any deficit on the completion and winding up of the scheme. Very little of the properties had been sold, and the debt still stood at over a million. In some years the rental had been sufficient and no assessment

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had been required. It was now proposed to form a sinking fund, the properties in the absence of favourable opportunity being retained, and for that purpose, viz., to pay interest and instalments of debt in sixty years, a power to assess on owners and occupiers was sought. This proposal was opposed by the property owners, who desired the original scheme to be worked out, i.e., the properties realised and the deficit met by the assessment on occupiers.

The Commissioners found the preamble proved, but subject to the conditions that the creation of a sinking fund should be obligatory, and that the assessment for interest should be on occupiers only, and the assessment on owners and occupiers restricted to the payment of the instalments of debt.

The Order contained certain other provisions for the administration of the city, notably an increase of £1,000,000 to the existing power to borrow on bills and promissory-notes, making that power £2,000,000.

Clauses were adjusted.