Brine Pumping (Compensation for Subsidence) Act 1891 (repealed 8.11.1995)

40 Computation of quantity of brine.

It shall be lawful for a board from time to time by regulations under this Act to establish and adopt any system or systems of computation of the quantity of brine pumped or raised at any pumping station or other place where brine is pumped or raised; but such regulations shall not be held to limit their right to be guided by other evidence.

41 Returns to be made to board.

(1) It shall be lawful for a board, from time to time, by byelaws under this Act to prescribe forms and contents of returns, and the times (not being oftener than once a month for each pumping station) and the manner of making returns by any brine pumper in their district, or by any agent or servant of any such person, and to require such return to state (amongst other things) the quantities of brine pumped or raised at any pumping station. (2) Any person required by a board to make any return under this Act or such byelaws who fails to make such return, or wilfully or negligently makes a return untrue in any material respect, shall be liable on summary conviction to a penalty not exceeding level 2 on the standard scale for each offence. (3) A board may, by summons under their seal, require the attendance before them of any person liable to make any return under this Act, or who makes any claim under this Act, or of any agent or servant of any such person, and the production by him of any books or accounts, and may require a statutory declaration from any person so summoned touching any matter material to any question to be answered in any returns. (4) Any such person failing to attend, or to produce any such books or accounts, or to answer any questions put to him in pursuance of this section, shall be liable on summary conviction to a penalty not exceeding level 1 on the standard scale.

42 Appeal against rate.

Any person who deems himself aggrieved by any rate made under the provisions of this Act may appeal against such rate to the Crown Court for the county on the ground that the quantity of brine in respect of which he ought to be assessed is less than the quantity in respect of which he is assessed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43 Abatement of claims, postponement of payments, &c.

(1) If at any time it appears to a board that the funds applicable for compensation in any district are or will become insufficient to meet in full the claims made or to be made on such funds, the board may so declare, and thereupon the board shall make a pro rata abatement on the amounts which would otherwise be payable in respect of any claims to be made or allowed after such declaration. (2) Where it appears to a board that the compensation payable under this Act in any particular case is exceptional in character and amount, or that the immediate payment of the compensation in any particular case or cases will disable them from meeting the other claims on them, they may spread the payment of such compensation with or without interest over such number of years as they think just, having regard to all the circumstances of the case: Provided that it shall be lawful for the board, if and when they think fit, to make up in whole or in part the amount of any abatement made under this section out of any money which might otherwise have been carried to a reserve fund for such district.

44 Reserve fund.

It shall be lawful for a board if they think fit to form a reserve fund for the purpose of meeting any exceptional claims, or providing for deficiencies which may occur in any year or years, and for that purpose in any period of twelve months to levy a greater rate in such district than the rate required for the claims and expenses estimated to be payable in such period, and they may apply any moneys from time to time standing to the credit of such reserve fund to meet any such exceptional claim or such deficiencies: Provided that the rate shall not in any case exceed the limit of threepence per one thousand gallons of brine, and that, if and so long as the reserve fund exceeds in amount the sum of the maximum rate leviable under this Act in one year, no additional rate shall be levied under this section. The interest from time to time accruing on moneys standing to the credit of a reserve fund shall be from time to time added to the compensation fund under this Act, and the full rate of threepence shall continue to be levied until the reserve fund amounts to at least one year’s income at the maximum rate.

45 Powers of Local Government Board inspectors.

Inspectors of the Secretary of State shall for the purposes of any inquiry directed by the Secretary of State under this Act have in relation to witnesses and their examination, the production of papers and accounts, and the inspection of places and matters required to be inspected, similar powers to those which poor law inspectors have under the Acts relating to the relief of the poor for the purposes of those Acts, and the Secretary of State may make orders as to the cost of such inquiries as under the Local Government Act 1972, in the case of inquiries under that Act, and the cost of any provisional order issued by them, and as to the parties by whom or the rates out of which such costs shall be borne; and every such order may be made a rule of the Supreme Court on the application of any person named therein.

46 Audit of accounts of board.

The accounts of the receipts and expenditure of every compensation board shall be audited by such auditor of accounts relating to the relief of the poor as the Secretary of State may from time to time appoint; and such auditor shall have the like powers as he would have under section two hundred and forty-seven of the Public Health Act 1875, in relation to the audit of accounts of an urban authority (not being the council of a borough); and the audit of the accounts of every such board shall be conducted in accordance with the provisions of that section as amended by the District Auditors Act 1879, and with the like incidents and consequences.

47 Power of entry.

Any surveyor or person authorised by the Board shall have power at all reasonable times to enter on, inspect, and to survey any land, buildings, or premises in respect of which any claim has been made under this Act, and for the purpose of obtaining or verifying returns to enter any premises in respect of which any return is to be made under this Act; and any person who obstructs any such entry, inspection, or survey shall be liable on summary conviction to a penalty not exeeding level 1 on the standard scale for every such offence.

48 Allowance of byelaws.

Sections one hundred and eighty-two to one hundred and eighty-six (both included) of the Public Health Act 1875, shall apply to all byelaws to be made by a board under this Act.

49 Power to dissolve compensation board.

Where the continued existence of a compensation board is represented to the Secretary of State to be unnecessary or inexpedient for carrying into effect the purposes of this Act, the Secretary of State may, after local inquiry, by a provisional order dissolve such compensation board, and shall in every such order make due provision for the discharge and settlement of all debts and liabilities owing by or to such compensation board, and for the complete winding up of its affairs.

50 Restriction of right of action.

Nothing in this Act shall entitle the following persons or bodies of persons to compensation from any compensation board, namely:— (1) Any railway or canal company: Provided always that a railway or canal company shall be entitled to compensation in respect of buildings or other property which are not in connexion with the railway or canal, and are not used for the purposes of the traffic thereon; (2) Any gas or water company; (3) Any county council, or municipal corporation; (4) Any sanitary, highway, or other local authority; (5) Any brine pumper; (6) Any owner of land who receives brine rents, royalties for salt, or other remuneration or consideration in respect of the lands for which such brine rents, royalties for salt, or other similar remuneration or consideration are paid; (7) Any owners or occupiers of salt or alkali works in respect of such works; (8) The trustees of the River Weaver Navigation. Except as provided by this Act no action or other proceeding shall be commenced or taken for or in respect of any damage or injury for which compensation has been claimed under this Act.

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52 Interpretation.

In this Act— “Owner” means the person for the time being receiving the rackrent of the land in connexion with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if the land were let at a rackrent: “Rateable value” means the rateable value according to the valuation list for the time being in force, or if there is none, then according to the last rate made for the relief of the poor: “Sanitary authority” includes an urban sanitary authority and rural sanitary authority under the Public Health Act 1875. “Brine pumper” means a person or company who pumps or raises brine from shafts, wells, springs, or mines: “County” includes a county borough; and “county council” includes the mayor, aldermen, and burgesses of any such borough acting by the council.

SCHEDULE

First meeting of board. 1 The first meeting of the board shall be held at such time and place as shall be fixed by the Secretary of State. Chairman of board to preside at meetings. 2 The chairman of a board is entitled to preside at every meeting, but if at any meeting the chairman is not present at the time appointed for holding the same, the vice-chairman shall be entitled to preside, and if neither the chairman nor vice-chairman be present, the members present shall choose some one of their number to be chairman of such meeting. Summoning meeting. 3 The chairman may at any time call a meeting. If the chairman refuses to call a meeting after a requisition for that purpose, signed by five members of the board, has been presented to him, any five members of the board may forthwith on that refusal call a meeting. If the chairman (without so refusing) does not within seven days after such presentation call a meeting, any five members of the board may on the expiration of those seven days call a meeting. Notice of meeting. 4 Three clear days at least before any meeting of a board a summons to attend the meeting, specifying the business proposed to be transacted thereat, and signed by the chairman or clerk of the board, shall be left or delivered by post at the usual place of abode of every member of the board. Want of service of the summons on any member of the board shall not affect the validity of a meeting. Quorum. 5 To constitute a meeting of a board there must be at least one third of the members personally present. Decision of questions at meeting. 6 All acts of a board, and all questions coming or arising before the board, may be done and decided by the majority of such members of the board as are present and vote at a meeting held in pursuance of this Act. In case of equality of votes the chairman of the meeting shall have a second or casting vote. Minutes. 7 Minutes of the proceedings of every meeting shall be drawn up and fairly entered in a book kept for that purpose, and shall be signed by the chairman of the meeting or of the next ensuing meeting. Standing orders. 8 Subject to the foregoing provisions of this schedule a board may from time to time make standing orders for the regulation of their proceedings and business and vary or revoke the same.