On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 15/08/2005.
50.
—(1) Where the Minister is satisfied —
(a)
that a Town Council has failed to keep or maintain any part of the common property of any residential or commercial property in the housing estates of the Board within the Town in a state of good and serviceable repair or in a proper and clean condition; or
(b)
that any duty of a Town Council must be carried out urgently in order to remove any imminent danger to the health or safety of residents of the housing estates of the Board within the Town,
the Minister may —
(i)
in relation to paragraph (a), by order published in the Gazette, appoint any person to perform such powers, duties and functions of the Town Council and for such period as may be specified in the order; and
(ii)
in relation to paragraph (b), appoint any person to carry out any duty of the Town Council so as to remove the danger.
(2) The Minister shall not make an order under subsection (1)(i) unless he has given not less than 7 days’ notice in writing to the chairman of his intention to appoint a person to exercise all or such of the powers, duties and functions of the Town Council as may be specified by the Minister in the notice.
(3) The chairman may make representations to the Minister within 7 days after the date of the service of the notice.
(4) Where the Minister has made an order under subsection (1)(i), no person other than the person appointed by the Minister may, while he holds office as such, exercise or perform any power, authority, duty or function which the person is authorised to exercise or perform by that order and any such power, function or duty may be exercised or performed by that person in the name and on behalf of the Town Council.
(5) The costs and expenses incurred by any person appointed by the Minister under this section shall be paid out of the Town Council Fund by way of a levy under section 39.
(6) Any person appointed under subsection (1) shall be entitled to the payment by the Town Council of such fee as the Minister may determine for performing any service under this section.
(7) If there is for any reason no legally constituted Town Council for a Town, the Minister may by order published in the Gazette authorise any person to act in place of the Town Council for that Town pending the appointment of members of the Town Council under section 8.
(8) Any order made under subsection (7) may contain such incidental, consequential or supplementary provisions as may appear to the Minister to be necessary or proper.
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