CO537-3703 — Page 50

✓ (b)

5.

Default powWors As is the case in the United

Kingdom and in other Colonies, I consider

desirable to provide for the intervention of the

central Government should the Council default in

the exercise of any or all of its functions. It

may perhaps be sufficient to provide for the

intervention of the central Government in certain

specific cases only, though I should be glad of

your views as to whether you consider it necessary

to provide for complete supersession in case of

general default. In the latter event I should

require my prior approval to be sought.

Delegation of powers to the Municipal Council.

ith reference to the proposal in Sir Mark Young's

despatch of 22nd October 1946 (paragraph 42) that the

unicipal Council enactment should provide that the transfer

of services from the Central Government to the Council

should be effected by means of Orders made by the Governor-

in-Council, I have already (in paragraph 3(0) of my despatch

of 3rd July 1947) suggested that it would be more appropriate

to describe the process of handing over of functions to the

Municipal Council as one of delsgation bather than of transfer.

I am advised that there might possibly be legal

objection to an enactment empowering the Governor-in-Council

to delegate powers of a legislative character, and in any

event I am doubtful whether it is appropriate for the

functions of the Municipality to be defined in that manner.

I assume that the functions which are to be delegated to

the Council from the time of its inception will be included

in the Ordinage establishing it. There would, I think, be

no objection to provision in this Ordinance, if desired,

enabling the Legislature to add to the list of delogated

· functions by subsequent resolution, though I suggest that

in practice any delegation of first importance should be the

subject of an amending Ordinance.

16.

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