ACT OF PARLIAMENT ΤΟ Prevent Medical Relief disqualifying a person from voting.-[48 and 49 Vict. cap. 46.-6th August 1885.] I. Short title.-This Act may be cited as the Medical Relief Disqualification Removal Act, 1885. II. Medical relief not to disqualify.— (1.) Where a person has in any part of the United Kingdom received for himself, or for any member of his family, any medical or surgical assistance, or any medicine at the expense of any poor rate, such person shall not by reason thereof be deprived of any right to be registered or to vote either (a.) as a parliamentary voter; or tion: or (c.) as a burgess; or (d) as a voter at any election to an office under the provisions of any statute; but nothing in this section shall apply to the election (a.) of any guardian of the poor; or (b.) of any member of any parochial board in Scotland; or (c.) of any other body acting in the distribution of relief to the poor from the poor rate. III. Provision for registration in the present year.Provided that this Act shall not be construed to create any disability where such disability does not now exist. IV. Definition of medical and surgical assistance.-The term "medical or surgical assistance" in this Act shall include all medical and surgical attendance, and all matters and things supplied by or on the recommendation of the medical officer having authority to give such attendance and recommendation at the expense of any poor rate. ACT OF PARLIAMENT ΤΟ Further amend the law relating to the Settlement and Removal of the Poor in Scotland.-[61 and 62 Vict. cap. 21.-25th July 1898.] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: I. Repeal of 8 & 9 Vict. cap. 83, § 76.Section seventy-six of the principal Act is hereby repealed, and in lieu thereof it is enacted as follows: Settlement by residence for three years. -From and after the commencement of this Act no person shall be held to have acquired a settlement in any parish in Scotland by residence therein unless such person shall, * either before or after, or partly before and partly after, the commencement of this Act, have resided for three years continuously in such parish, and shall have maintained himself without having recourse to common begging, either by himself or his family, and without having received or applied for parochial relief; and no person who shall have acquired a settlement by residence in any such parish, shall be held to have retained such settlement if during any subsequent period of four years he shall not have resided in such parish continuously for at least one year and a day: * §§ 2 and 3 in part repealed by 61 & 62 Vict. cap. 22 (S. L. R.) Provided always, that nothing herein contained shall, until the expiration of four years from the commencement of this Act, be held to affect any persons who, at the commencement of this Act, are chargeable to any parish in Scotland. II. Reference of cases of disputed settlement to determination of Local Government Board.-In any case where the parish councils of two or more parishes in Scotland have differed as to the settlement of a poor person but are agreed as to the facts on which such settlement depends, it shall be lawful for such parish councils to refer the case for determination by the Local Government Board, whose determination shall be final. III. Appeal to Local Government Board against removal of paupers to another parish in Scotland.-(1.) Whenever any parish council shall order the removal of any poor person who shall have applied for parochial relief in any parish in Scotland from such parish to another parish in Scotland, such poor person, if he or she shall have resided continuously, in such first-mentioned parish for not less than one year before the date of the application for relief (her deceased husband's residence, if necessary, being reckoned as part of her residence in the case of a widow), may, within ten days after intimation of such order, and of the right to appeal in this section mentioned, appeal to the Local Government Board, which Board shall without delay investigate the grounds of such appeal, and determine whether it is reasonable and proper that such poor person shall be so removed. The inspector of poor of the parish whence the poor person is proposed to be removed shall be bound to intimate to the poor person the receipt of the order and the right of appeal; and no order of removal shall be carried out until the expiry of the said ten days, or, if an appeal is taken, until it has been disposed of by the Board. (2.) If the Board are of opinion that, having regard to the whole circumstances of the case, the removal is reasonable and proper they shall dismiss the appeal, and thereupon the order for the removal of the poor person may be carried out; but (3.) If the Board are of opinion that, having regard to the whole circumstances of the case, the removal should not be carried out, they shall so determine, and if they think fit may fix the period during which such determination shall have effect, and thereupon the provisions of section seventy-two of the principal Act shall apply as if the poor person appealing were, owing to sickness or infirmity, incapable of being removed, in which case the parish in which he is shall be bound to relieve him, and shall be entitled to recover from the parish to which he belongs the amount so expended, provided that such amount has been approved by the Board. IV. Effect of five years' residence on irremovability of English born or Irish born pauper.-Where an English born or Irish born poor person has resided continuously in Scotland for not less than five years (of which not less than one year shall have been continuously in the parish in which he applies for parochial relief) and shall have maintained himself without having recourse to common begging, either by himself or his family, and without having received parochial relief, he shall, on thereafter becoming chargeable to any parish in Scotland, be irremovable from Scotland and shall be maintained by the parish to which he has so become chargeable. Provided that nothing in this section contained shall prevent such poor person from ceasing to be chargeable to such parish, if, as it shall be competent for hira to do, he shall have acquired a settlement by residence in any other parish in Scotland in pursuance of section one of this Act. V. Appeal to Local Government Board against removal of pauper to England or Ireland.-(1.) Whenever any parish council shall have obtained in terms of the Poor Law Removal Act, 1862 (25 & 26 Vict. cap. 113), a warrant for the removal from any parish in Scotland to England or Ireland of any English born or Irish born poor person who has not acquired a settlement by residence in Scotland and to whom the immediately preceding section does not apply, such poor person, if he or she shall have resided continuously in such parish for not less than one year before the date of the application for relief (her deceased husband's residence, if necessary, being reckoned as part of her residence in the case of a widow), may, within fourteen days after intimation of the granting of such warrant and of the right to appeal in this subsection mentioned, appeal to the Local Government Board, which Board shall without delay investigate the grounds of such appeal, and determine whether it is reasonable and proper that such poor person shall be so removed. The inspector of poor of the parish whence the poor person is proposed to be removed shall be bound to intimate to the poor person the granting of the warrant and the right of appeal; and no warrant in terms of the Poor Law Removal Act, 1862, shall be carried out until the expiry of the said fourteen days, or, if an appeal is taken, until it has been disposed of by the Board. (2.) In the case of a poor person as in the preceding subsection mentioned, the inspector of poor shall also be bound to send by registered letter a notice to the clerk to the board of guardians of the union or parish in England or Ireland named in the warrant of removal, that if they desire they may, within fourteen days after receipt of such notice, appeal to the Local Government Board against the removal, and shall with such notice transmit a copy of the depositions taken before the sheriff granting the warrant; and if the board of guardians shall so appeal, the Local Government Board shall without delay investigate the grounds of such appeal, and determine whether it is reasonable and proper that such poor person shall be so removed. No warrant in terms of the Poor Law Removal Act, 1862, shall be carried out until the expiry of the said fourteen days, or, if an appeal is taken, until it is disposed of by the Board. (3.) The Board, when deciding as to whether, in the whole circumstances of the case, such removal is reasonable and proper, shall have regard, inter alia, to(a.) the length and character of the residence in Scotland; (b.) the causes why a settlement has not been acquired, or, if acquired, has not been retained; and (c.) any circumstances tending to show that the exercise of the power of removal would unduly injure the interests of the poor person on account of the industrial employment of his children or otherwise. (4.) If the Board are of opinion that the removal should not be carried out they shall so determine, and their order to that effect shall be binding on any parish council in Scotland. (5.) If the Board are of opinion that the removal is reasonable and proper they shall dismiss the appeal, and thereupon the warrant for the removal of the poor person may be carried out. Provided also that if in consequence of a determination of the Board that a proposed removal of a poor person to England or Ireland is not reasonable and proper, such removal cannot be carried out, the Board shall determine, after due inquiry, which parish council or parish councils shall be liable for the expense of the maintenance of the poor person, and, if they think fit, in what proportions and under what conditions, and for what period, regard being had to the length and character of the poor person's residence in one or more of such parishes; and the determination of the Board shall be binding on any parish council in Scotland. VI. Amendment of. The power of granting warrants of removal under the Poor Law Removal Act, 1862 (25 & 26 Vict. cap. 113), shall in Scotland be exerciseable by the sheriff only, and, in the case of a lunatic poor person proposed to be removed to Ireland, the warrant shall order his delivery at the district asylum of the place to which he is to be removed. VII. Board may make, &c., rules and regulations.-The Board may make, and from time to time may alter and vary, rules and regulations for giving effect to the provisions of this Act, and regulating the procedure thereunder; and a copy of such rules and regulations, certified by the secretary of the Board, shall be evidence of such rules and regulations and alterations thereof in any court of law and for any purpose whatever. RULES AND REGULATIONS OF THE LOCAL GOVERNMENT BOARD FOR SCOTLAND, DATED 22ND AUGUST 1898, UNDER THE POOR LAW (SCOTLAND) ACT, 1898, AS TO APPEALS AGAINST REMOVAL. of appeal in such terms as the appellant may desire. 6. If the appellant shall prefer to have the form of appeal filled up by any other than the inspector he shall be at liberty to have it so filled up. The Local Government Board, in virtue of the powers vested in them by section 7 of the Poor Law (Scotland) Act, 1898 (61 & 62 Vict. cap. 21), have made the following rules and regulations regarding the form and manner in which appeals may be taken against the proposed removal 7. Every appeal before being transof poor persons from parishes in Scot-mitted to the Local Government Board land, when such poor persons shall have resided not less than one year within the parish in which they apply for relief: must be signed at the places and in the manner indicated in the printed form. directed, to the inspector, who shall thereafter write in such remarks as he may have to make, and sign them with his name at the place indicated for his signature. 8. Every appeal by a poor person 1. The inspector of poor of each parish before being transmitted to the Local shall at all times be provided with the Government Board shall be delivered printed forms of appeal (hereinafter pre-open, filled up, and signed as above scribed) for the use of poor persons and boards of guardians desiring to lodge appeals with the Local Government Board. 2. When an inspector of poor has obtained a warrant for the removal of a poor person to England or Ireland he shall, in intimating the proposed removal to the clerk to the board of guardians, enclose a form on which the board of guardians may appeal against the removal to the Local Government Board if they shall so think fit. 3. It is the duty of the inspector, on communicating to a poor person an order or warrant for his removal, to inform him of his right of appeal to the Local Government Board, and the Board attach special importance to the punctual discharge by inspectors of this statutory obligation. 4. The inspector shall deliver a copy of the form of appeal to each poor person who may demand it after an order of removal has been made or a warrant has been granted by the sheriff. 5. The inspector, if required by the appellant so to do, shall fill up the form | 9. The inspector, if required by the appellant so to do, shall, within twentyfour hours from the time when the appeal shall have been delivered to him for that purpose, open, filled up, and duly signed, forward it to the Local Government Board with such remarks as he may have to make written in. 10. If the appellant shall prefer to transmit the appeal to the Local Government Board otherwise than through the inspector, he shall be at liberty to do so; and, in that case, the inspector shall return the appeal to the appellant, with such remarks as he may have to make written in, within twenty-four hours from the time when it shall have been delivered, open, filled up, and duly signed, to the inspector. 11. A medical certificate, in the form prescribed for admission to poorhouses, must accompany every appeal made by a poor person against removal from one parish to another within Scotland, and the fitness (or otherwise) of the appellant to be removed to his proposed destination must be expressly stated. 12. The inspector must retain a copy of every such appeal which may pass through his office. 13. Every appeal by a poor person against removal from one parish to another within Scotland shall be in the form of Schedule A. herewith. 14. Every appeal by a poor person against removal to England or Ireland shall be in the form of Schedule B. 15. Intimation of a proposed removal to England or Ireland shall be made to the clerk to the board of guardians in the form of Schedule C., having a form of appeal annexed. SCHEDULES. SCHEDULE A. FORM OF APPEAL BY PAUPER AGAINST REMOVAL TO To the Local Government Board for Scotland, Edinburgh. I, parish of day of one of the poor on the roll of the parish of hereby appeal against an order to remove me to the dated and intimated to me on the ; and I pray the Local Government Board to investigate the grounds of my appeal, as stated on pages F 45 and F 46 of this schedule, and to determine accordingly, in terms of section 3 of the Poor Law (Scotland) Act, 1898. I have resided continuously in the parish of from INSTRUCTIONS. 1. The appellant must fill up the answers to the queries on the next page. The inspector is bound, if required, to write down the answers for him. The schedule, when filled up, must be left with the inspector, who is directed, within twenty-four hours, to make his remarks in the column on pages F 45 and F 46, and either return the schedule to the appellant or transmit it to the Local Government Board as the appellant may desire. 2. The inspector of the parish of chargeability will, besides making such remarks as he thinks fit in the column on pages F 45 and F 46, also state succinctly, on page F 47 of the schedule, the reasons for which it is proposed to remove the pauper. 3. The inspector of the parish of residence will transmit along with the schedule a certificate in the prescribed form by the medical officer certifying whether the pauper (and dependants, if any) can be removed as proposed without injury. |