Irvine Corporation Provisional Order [1902] UKHL 876 (30 April 1902)

Irvine Corporation Provisional Order [1902] UKHL 876 (30 April 1902)

The Commissioners held that objectors had locus standi as landowners and affected consumers, that the priority for Irvine traders should be abolished, and that the Order should be suspended for a year to allow local authorities to promote a joint board for water management. Certain works could proceed immediately, but the main Order would only take effect if no joint board was formed within a year. The Commissioners also found it improper for the Corporation to invest the sinking fund in its own or harbour securities.

Citation
[1902] UKHL 876
Parties
Promoter: Corporation of Irvine; Objector: Nobel's Explosives Company, Limited; Objector: County Council of Ayr (on behalf of Special Water Supply Districts of Stevenston and Kilwinning); Objector: Burgh of Saltcoats; Petitioner Against Alterations: William Baird & Company, Limited
Jurisdiction
United Kingdom
Judgment Date
30 April 1902
Procedural Posture
Provisional Order Inquiry / Commissioners' Report and Recommendations to Secretary for Scotland
Outcome
Order suspended for one year to allow formation of joint board; certain works authorised to proceed immediately; priority for Irvine traders abolished; improper investment of sinking fund reported for further action.
Legal Topics
Provisional Orders, Water Supply, Locus Standi, Representation on Public Trusts, Priority of Supply, Investment of Sinking Funds
Administrative Law Local Government Law Water Law Provisional Orders Water Supply Locus Standi Representation on Public Trusts Priority of Supply +1 more

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Parties

Corporation of Irvine

Promoter

Nobel's Explosives Company, Limited

Objector

County Council of Ayr (on behalf of Special Water Supply Districts of Stevenston and Kilwinning)

Objector

Burgh of Saltcoats

Objector

William Baird & Company, Limited

Petitioner Against Alterations

Procedural Posture

Provisional Order Inquiry / Commissioners' Report and Recommendations to Secretary for Scotland

Legal Issues

  1. 1 Whether objectors outside the burgh have locus standi to oppose the Provisional Order
  2. 2 Whether priority of water supply to Irvine traders under the 1881 Act should be maintained
  3. 3 Whether outside districts are entitled to representation on the water authority

Ratio Decidendi

The Commissioners held that objectors had locus standi as landowners and affected consumers, that the priority for Irvine traders should be abolished, and that the Order should be suspended for a year to allow local authorities to promote a joint board for water management. Certain works could proceed immediately, but the main Order would only take effect if no joint board was formed within a year. The Commissioners also found it improper for the Corporation to invest the sinking fund in its own or harbour securities.

Court Disposition

Order suspended for one year to allow formation of joint board; certain works authorised to proceed immediately; priority for Irvine traders abolished; improper investment of sinking fund reported for further action.

Orders

  • Operation of main part of Order suspended for one year to allow local authorities to promote a joint board for water management.
  • Certain clauses authorising immediate works to come into operation at once.