Magistrates of Leith v Leith Dock Commissioners: HL 25 Jul 1899

The Public Health (Scotland) Act 1867, by section 95, authorises the local authority to impose assessments for the expenses incurred by them ‘in executing this Act.’
The Magistrates of Edinburgh introduced into Parliament a bill, the purpose of which, inter alia, was to have the burgh of Leith amalgamated with and made part of the city of Edinburgh. The Magistrates and Council of Leith successfully opposed the amalgamation. Held ( aff. the judgment of the Second Division) that they were not entitled to charge the expenses incurred by them in opposing the amalgamation upon the assessment levied by them as Local Authority under the Public Health Act- Attorney-General v. Mayor of Brecon, L.R., 10 C.D. 204, approved and distinguished.

Lord Chancellor (Halsbury), Lord Shand, and Lord Davey
[1899] UKHL 956, 36 SLR 956
Bailii
England and Wales

Local Government

Updated: 12 November 2021; Ref: scu.631837