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I feel that fees payable by members of the public should be subject to some sort of Government control, at any rate over a certain figure. If the fees are fixed by by-laws then of course this point would be automatically covered under (b).
(76) A Bill passed by the Legislative Council can be vetoed by the Governor, and if he assents, the King can disalbw it. It appears to me that it would be most unwise either now or at any time to maintain no control over the Municipality's by-laws, which after all, will be as much the law of the land as Ordinances. In my opinion therefore, we should not suggest that there is any prospect of a time limit to control over the by-law-making power.
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As regards the suggestion at the end of this paragraph, I should make any tactful addition rather less definite, e.g. "it is hoped that the occasions for the exercise of this power will be rare".
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(c) I do not think there is much difference of substance between the position in this country and that under the Colonial enactments mentioned. has to be borne in mind that the Public Health Act covers a very large proportion of the local authoritie day-to-day functions. However, we could perhaps suggest that the default powers should be limited to specified functions as in this country..
I see no reason why their exercise should not be made subject to the approval of the Secretary of State, as suggested in paragraph 8.
(7.) I see no legal objection to provision in an Ordinance enabling the Legislature to add to the list of delegated functions by resolution, though in practice I feel that anything of first importance should be the subject of an amending Ordinance.
(8). In my view we can only provide that a Bill of the kind in contemplation should be reserved for His Majesty's pleasure, unless it has previously been approved by a Secretary of State for(presumably) it contains a suspending clause, or is a matter of urgency. In other words, what is required is an additional paragraph in Clause XXVI of the Royal Instructions after the Council has been established.
Any other course to restrain the Legislative Council from interfering with the Municipality's powers could, I think, only amount to virtually making the Secretary of State part of the legislature, a course without precedent, the adoption of which I could not support.X
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23 9. 47.
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