CO537-3703 — Page 55

5. Delegation of powers to the Municipal Council

With reference to the proposal in Sir Mark Young's

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

Municipal 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(o) 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 delegation rather than of

transfer.

I am advised that there might possibly be

tion

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 function 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 Ordinance 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 delegated functions by subsequent

resolution, though I suggest that in practice any

delegation of first importance should be the subject

of an amending Ordinance.

6.

Rescinding of powers delegated to the Municipal Coung.

In paragraph 42 of Sir Mark Young's despatch

of the 22nd of October, 1946, he recommended that the

Governor should be instructed to obtain the prior

sanction of the Secretary of State before any Bill for

this abrogation of the powers of the Municipality is

introduced. It would be unusual for the introduction

of legislation to be restricted in this way, but

า

1

substantially

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