Great Britain. Royal Commission on Poor Laws and Relief of Distress; Poor -- Great Britain; Poor laws -- Great Britain
It had, as we have seen, been left to the Poor Law Commissioners to
formulate their own policy, with the guidance of the Report of 1834.
This policy is, during the ensuing thirteen years, to be found in (1)
the orders issued under the Act of 1834 and subsequent statutes; (2) the
circulars and other explanatory or instructional communications to the
local authorities, inspectors, auditors, etc., and (3) the reports to
Parliament.
Under the term "order," we include, as is customary, all the "rules,
orders, and regulations" issued in pursuance of statutory powers. With
whatever parts of poor relief these dealt, they had the force of law;
either under the specific powers relating to workhouses,[88] or relief
to the able-bodied,[89] or under the general powers authorising the Poor
Law Commissioners to make "rules, orders, and regulations ... for the
guidance and control of all guardians, vestries, and parish officers so
far as relates to the management or relief of the poor."[90] According
to the Act of 1834 some of these orders were to be "General Rules," and
were not to take effect until they had been submitted to a Secretary of
State, and by him laid before Parliament for forty days; and they were
disallowable by the Privy Council.[91] A "General Rule" was to be "any
rule ... which shall, at the time of issuing the same, be addressed ...
to more than one union or to more parishes and places than one."[92]
Other orders, known first as "Particular Orders," and subsequently as
"Special Orders," and now simply as "Orders," were subject to no such
conditions. There was, however, no distinction between them as to
validity, force of law, or sanction. It was therefore open to the Poor
Law Commissioners to issue all its orders as particular or special
orders by addressing them successively to separate unions or parishes,
even if they were identical in their terms. For reasons explained in the
Poor Law Commissioners' Report on the Further Amendment of the Poor Law,
1839, this was the course adopted.[93] No general order was issued prior
to 1841.
[88] 4 & 5 William IV. c. 76, sec. 42.
[89] _Ibid._ sec. 52.
[90] _Ibid._ sec. 15.
[91] _Ibid._ secs. 16, 17.
[92] _Ibid._ sec. 109.
[93] Report on the Further Amendment of the Poor Law, 1839, pp.
32-34.
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