United Kingdom House of Lords Decisions

Subject_Provisional Order — Private Legislation Procedure — Burgh Water Supply — Rating — Manufactories and Shops. Headnote:

The promoters of this Order were the Corporation of Arbroath, and the object of the scheme was to provide the burgh with an increased water supply.

A question arose on the question of rating.

The promoters of the Bill contended that in the case of manufactories and shops the rating for “domestic” water (as distinguished from “trade” water which is supplied in bulk under contract) should be upon one half of the rental, the ordinary rating being upon one-fourth, their argument being that the necessity for the increased supply was caused not by the smaller ratepayers and householders for whom the existing supply of eleven gallons per head was sufficient, but by the large manufacturers, who required an additional supply to enable them to provide, inter alia, the increased sanitary accommodation required by recent factory legislation. They quoted as a precedent the Falkirk Water Act of 1881, section 61. The objectors contended that the rating should be upon one-fourth, and quoted the Burgh Police (Scotland) Act 1892, section 347, the Burgh Sewerage, Drainage, and Water Supply (Scotland) Act 1901, section 2. Evidence was led showing that by recent factory legislation, and particularly the Home Office regulations, under the Factories and Workshops Act 1901, a much larger supply of water than hitherto was required for the use of workers in mills.

The Chairman—The Commissioners have decided that the rating shall be upon one-fourth, and that on appeal to the Sheriff he may raise it to one-half if he thinks proper, both as regards shopkeepers and manufacturers.