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as a local authority, but default powers are contained in many Acts dealing with specific functions.

You will however recall from the minutes on 54145/4A/47 attached that Sir A. Grantham himself before his departure sugested the inclusion of a provision similar to that of Section 216 of the Jamaica Ordinance, Section 3 of the Colombo Municipal Council Ordinance, and Section 10 of the Gold

Coast Sekondi-Takoradi Town Council Ordinance. Copies of these Ordinances are loose in the file.

Our view is that, whilst something on the lines of the U.K. practice would be desirable, we need not insist on a general default powers provision such as

Sir A. Grantham had in mind. We suggest therefore that we might refer to his discussions in London on this question, send him copies of the Jamaica, Ceylon and Gold Coast Ordinances, and say that, whilst we would see no objection if he so desires to the inclusion of a general provision on these lines, we think his point might be adequately met if the U.K. practice in this respect were followed. (If this suggestion is agreed, the draft on 54145/4A/47 can now be scrapped).

W

Two further points remain for consideration. The first is that referred to at ) of your minute of 14th April, namely that there is a constitutional objection to the legislature handing over to the Governor in Council the power of progressively delegating functions to the Municipal Council. Presumably the functions which are to be delegated to the Municipality from the time of its inception (see paragraph 32 of Sir M. Young's despatch) will be included in the Ordinance establishing the Municipality. As regards those which are subsequently to be delegated (see paragraph 31 of the despatch) could the objection be overcome by this delegation being effected by Resolutions of the Legislative Council, or would it be necessary for the Legislative Council to enact an Amending Ordinance each time it was decided to delegate certain further functions to the Municipality?

8. The second point is that mentioned at B) of your minute of 14th April. We feel that politically it will be desirable to provide that none of the powers delegated to the Municipal Council should be rescinded except with the sanction of the Secretary of State; and it would certainly be in accordance with the spirit of Sir M. Young's original recommendations (see paragraph 42 of his despatch) that, similarly, none of the default powers referred to in paragraph 6 (c) ahove should be exercised without the Secretary of State's approval. The former would presumably entail an amendment to the Royal Instructions

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