THE LAW AND PRACTICE WITH REGARD TO HOUSING IN ENGLAND AND WALES PUBLISHED BY THE JOINT COMMITTEE OF HENRY FROWDE, HODDER AND STOUGHTON 17 WARWICK SQUARE, NEWGATE STREET LONDON, E.C.4 I THE LAW AND PRACTICE WITH REGARD TO HOUSING IN ENGLAND AND WALES BY SIR KINGSLEY WOOD, M.P. SOLICITOR OF THE SUPREME COURT WITH A PREFACE BY RT. HON. CHRISTOPHER ADDISON, M.D., M.P. MINISTER OF HEALTH LONDON HENRY FROWDE HODDER k STOUGHTON Oxford University Press Warwick Square, E.G. 1921 -^3 Wt, PRINTED IN GREAT BRITAIN BY HAZELIi, WATSON AND VINET, LD., LONDON AND AYLESBURY. All Eights Reserved PREFACE The National Housing Problem is to-day in a most acute form, and it will long continue to occupy the attention of our citizens. When sufficient houses have been built to make up the grave War shortage, we have still to take up the equally important task of clearing the slums and the insanitary areas, which are so wasteful and so detrimental both to the physical and commercial interests of the Country. In this book controversial topics have been avoided, and it may be that, on such a matter as the method that has been adopted to deal with our housing situation, a true verdict can only be given by our succeeding generation. Suffice it to say that nearly every Country has had to deal with a similar situation and has been driven to State intervention. So far as our own pro- gress is concerned, it is at the present time in advance of that attained by any other Nation. There are many Acts on the Statute Book concerning Housing, and a clear and concise explanation of legislation, such as is afforded by this work, will be of great value to the thousands of Housing administrators and workers which the Country possesses, and to whom it owes so much. It would obviously be impossible for me to express agreement with all the opinions —legal VI PREFACE or otherwise — which this book contains, but it certainly comprises a comprehensive and careful collection of all that is necessary for a proper examination and understanding of this important subject, and I heartily commend it. Christopher Addison. Ministry of Health January 1921 AUTHOR'S NOTE Much of the matter for this volume was prepared over twelve months ago, and one of the difficulties of its produc- tion has been that of frequent revision in consequence of legislative and other changes. For a time publication was withheld in order to incorporate changes proposed to be effected by the Ministry of Health (Miscellaneous Provisions) Bill, which Bill was rejected by the House of Lords in December last. One of the chief objects of the housing provisions of that Bill was the extension, by twelve months, of the period during which the State subsidy was payable to private persons building houses — for the conditions see page 114 — and subsequently to its rejec- tion the Government gave a promise that such extension would be the subject of further legislation at an early date. But this volume has been so long promised, so long in hand and in type, that it has not been thought proper to delay its appearance until that legislation was effected. The subject dealt with in this volume is a very com- prehensive one, and I feel I cannot have avoided errors and omissions, I shall welcome corrections. I have been assisted by the works of eminent legal authorities who have contributed to this subject prior to 1919, and the various official publications of the Health Ministry. I desire also to express my warmest thanks to my friend JVIr. T. A. Rushton for much valuable assistance. KiNGSLEY Wood. 15, Walbrook, London, E.G. 4 January 1921 CONTENTS CHAPTER I Introduction CHAPTER II The Powers and Duties of Local Authorities : The Provision of Houses for the Working Classes . . . . . . .11 CHAPTER III The Powers and Duties of Local Authorities : Unfit Houses and Unhealthy Areas . 34 CHAPTER IV The Powers and Duties of County Councils (including Regulations, and Sections 12, 20 AND 22 of the Land Settlement (Facil- ities) Act, 1919 ...... 67 CHAPTER V Town Planning . . . . . .88 CHAPTER VI The Work of Public Utility Societies and Housing Trusts ..... 94 X CONTENTS PAGE CHAPTER VII The Housing (Additional Powers) Act, 1919 . 105 CHAPTER VIII The Position of the Private Builder . ACTS Housing of the Working Classes Act, 1890 . Working Classes Dwellings Act, 1890 . Housing of the Working Classes Act, 1894 . Small Dwellings Acquisition Act, 1899 . Housing of the Working Classes Act, 1900 . Housing of the Working Classes Act, 1903 . Housing, Town Planning, etc.. Act, 1909 Housing Act, 1914 ...... Housing (No. 2) Act, 1914 .... Housing, Town Planning, etc.. Act, 1919 Housing (Additional Powers) Act, 1919 Public Works Loans Act, 1920 (Section 5) Unemployment (Relief Works) Act, 1920 APPENDIX I Acquisition of Land (including the Acquisition OF Land (Assessment op Compensation) Act, 1919 ; Rules thereunder ; G.H.M. Nos. 6 AND 11, and Regulations). APPENDIX II Provision of Houses (Regulations, Orders, ETC.) ........ APPENDIX III Documents mainly relating to Improvement (Part I) and Reconstruction (Part II) Schemes for Unhealthy Areas and Houses 57 CONTENTS XI PAGE APPENDIX IV Other Parts I and II Documents . . .601 APPENDIX V Sundry Documents ..... 645 APPENDIX VI Public Utility Societies (Regulations, etc.) . 650 APPENDIX VII Additional Powers Act Documents . . 684 APPENDIX VIII Increase of Rent and Mortgage Interest (Restrictions) Act, 1920 . . . .710 Index ........ 739 LIST OF OFFICIAL PUBLICATIONS i 31st December 1920 I Acts Date. Title. 53 & 54 Vict. c. 70 18 Aug. 1890 Housing of the Working Classes Act, 1890. 63 & 54 Vict c 16 25 July 1890 Working Class Dwellings Act, 1890. 57 & 58 Vict c. 55 25 Aug. 1894 Housing of the Working Classes Act, 1894. 6'> & 63 Vict c 44 9 Aug. 1899 SmaU Dwellings Acquisition Act, 1899. 63 & 64 Vict. c. 59 8 Aug. 1900 Housing of the Working Classes Act, 1900. 3 Edw 7 c 39 14 Aug. 1903 Housing of the Working Classes Act, 1903. 9 Edw 7. c. 44 3 Dec. 1909 Housing, Town Planning, &c.,Act,1909. 4 & 5 Geo 5. c. 31 10 Aug. 1914 The Housing Act, 1914. 4 & 5 Geo 5. c. 52 10 Aug. 1914 The Housing Act (No. 2), 1914. 9 & 10 Geo. 5. c. 35 31 July 1919 Housing, Town Planning, &c.,Act,1919. 9 & 10 Geo. 5. c. 99 23 Dec. 1919 Housing (Additional Powers) Act, 1919. 9 & 10 Geo. 5. c. 57 19 Aug. 1919 Acquisition of Land (Assessment of Compensation) Act, 1919. 9 & 10 Geo. 5. c. 59 19 Aug. 1919 Land Settlement (Facilities) Act, 1919 (see section 22 as to appropriation of land). 10 & 11 Geo. 5. c. 17 2 July 1920 Increase of Rent and Mortgage Interest (Restrictions) Act, 1920. 10 & 11 Geo 5 c. 61 23 Dec. 1920 Public Works Loans Act, 1920 (s. 5.). 10 & 11 Geo 5 c. 57 3 Dec. 1920 Unemployment (Relief Works) Act, 1920. Statutory Rules and Obders, «fec. S.R.&O.NO. SU. Bate. ™e. 2 54 930 11 Jan. 1910 Forms for use in connection witn sections 15, 17 and 18 of the Housing Town Planning, &c.. Act, 1909 (repealed except as to forms under section 15, by S.R. & O., 1919, No. 1424). ¥ XIV LIST OF OFFICIAL PUBLICATIONS S.E. & O. No. *^i"H7 Order No. Date. 801 56,475 29 July 1910 65,763 2 Sept. 1910 919 55,578 2 Sept. 1910 66,916 19 Nov. 1910 1175 65,408 29 Aug. 1919 1556 65,605 23 Oct. 1919 167 6 Feb. 1920 336 65,815 5 Mar. 1920 1465 66,495 12 Aug. 1920 1424 65,480 10 Oct. 1919 1423 65,473 10 Oct. 1919 2128 12 Nov. 1920 Treasury Minute 1 Nov. 1920 2047 65,736 31 Dec. 1919 56 65,788 22 Jan. 1920 57 65,789 22 Jan. 1920 1428 65,242 6 Oct. 1919 107 65,704 28 Jan. 1920 134 65,798 30 Jan. 1920 1429 65,243 6 Oct. 1919 135 65,796 30 Jan. 1920 683 4 May 1920 Title. The County Medical Officers of Health (Duties) Order, 1910. Regulations as to land in neighbour- hood of Royal Palaces and Parks. Housing (Inspection of District) Regu- lations, 1910. Forms under Part I of the Housing of the Working Classes Act, 1890. The Housing Acts (Compulsory Pur- chase) Regtdations, 1919 (amended by order 65,605). The Housing Acts (Compulsory Pur- chase) Amendments Regulations, 1919. The Housing Acts (Compulsory Pur- chase) Amendments Regulations, 1920. The County Councils (Assisted Schemes for the Housing of Employees) Regidations, 1920. The Housing (Loans by Coimty Councils) Order, 1920. The Housing Acts (Forms of Orders and Notices) Order, 1919. The Housing Acts (Appeal Procedure) Rules, 1919, The Ministry of Health (Temporary Relaxation of Building Byelaws) Regulations, 1920. Rates of Interest on Local Loans. The Local Authorities (Assisted Hous- ing Schemes) Regulations, 1919. The Housing (Regulation of Building) Order, 1920. The Regulation of Building (Appeal Procedure) Rules, 1920. The Public Utihty Societies (Financial Assistance) Regulations, 1919. The Public Utility Societies (Sale of Houses) Regulations, 1920. The Public Utility Societies (Financial Assistance) Regulations, 1920. Housing Trusts (Financial Assistance) Regulations, 1919. Housing Trusts (Financial Assistance) Regulations, 1920. The Housing Accounts Order (Societies and Trusts), 1920. LIST OF OFFICIAL PUBLICATIONS XV S. K. &0. Ministrr No. Order Ko. Date. Title. 1836 2 Dec. 1919 The Acquisition of Land (Assessment of Compensation) Rules, 1919. 285 24 Feb. 1920 The Acquisition of Land (Assessment of Compensation) Fees Rules, 1920. 690 5 April 1920 The Acquisition of Land (Assessment of Compensation) Fees (No. 2) Rules, 1920. 197 65,811 25 Feb. 1920 The Housing (Local Bonds) Regula- tions, 1920. 487 66,165 31 Mar. 1920 The Housing Accounts Order (Local Authorities), 1920. 560 66,017 12 AprU 1920 The Prohibition of Demolition (Appeal Procedure) Rxiles, 1920. MiSCEIiLANEOtTS PaPEES, ManuAXS, ForMS, &C, No. Date. Title, First issued 19 July 1919 Housing, a fortnightly journal issued by the Ministry. Feb. 1920 Housing by Public UtiUty Societies : The Government proposals (re-issue). (D, 107) Sept. 1919 Assisted Scheme (Pubhc Utility Society) Statement of Annual Income and Ex- penditure. (D. 106) Assisted Scheme (Local Authority) State- ment of Annual Income and Expenditure. 17 April 1914 Draft Regulations as to imdergromid rooms as sleeping places. April 1920 Draft ModelBy-laws,SeriesXIIIfe(section26 of the Housing, Town Planning, &c., Act, 1920). (D. 70) Procedure to be adopted : submission of house tender to Ministry. (D. 76) Procedure to be adopted : submission of street and sewerage tender. (O. 37) (8654) Aug. 1919 Housing, Town Planning, &c.. Act, 1919 (brief explanatory statement of Act). Sept. 1919 Housing, Powers and Duties of Local Authorities (full explanatory statement of Act). 8 April 1919 Manual on the preparation of State-aided Housing Schemes (including Forms D.48 (site proposals) ; D.49 (proposals for general lay-out, &c.) ; D.50 (application for approval) ; D.51 (estimate of street and sewerage works) ; D.52 (statement of estimated annvial receipts and expendi- ture), &c. XVI LIST OF OFFICIAL PUBLICATIONS No. Date; Title. (S.O.P. 384) Sept. 1919 Manual on the Conversion of Houses into Flats for the Working Classes (including D.81 (a), (ft) and (c) (schedules) ; D.94 (application by owner) ; D.95 (documents to be forwarded, &c.) ; D.96 (application for acquisition) ; D.97 (statement of estimated annual receipts and expendi- ture), &c., &e., &c. Dec. 1919 Manual on Unfit Houses and Unhealthy Areas, Vol. I (including Housing (In- spection of District) Regulations, 1910 ; Form of Application by owner for loan ; Documents to be forwarded, &c., &c.) Jan. 1920 Manual on Unfit Houses and Unhealthy Areas, Vol. II (Legal Powers, &c.). June 1920 Type, plans and elevations of cottages designed by the Ministry in connection with State- Aided Housing Schemes. Nov. 1919 Report prepared in the Intelligence De- partment of the Local Government Board on the Housing Problem in Ger- many. Jan. 1920 Memorandum setting out the main pro- visions of the Housing (Additional Powers) Act, 1919. (Memo. 8/D.) Jan. 1920 Memorandum as to conditions governing Grants made to private persons or bodies of persons constructing houses under the Housing (Additional Powers) Act, 1919. Mar. 1920 Memo. 109. — Notes on Special Points in connection with the keeping of Assisted Housing Accounts by Local Authorities. Sept. 1920 Memorandum setting out the Increases made in the Grants to private persons constructing houses under the Housing (Additional Powers) Act, 1919. (D. 194, Revised). July 1920 Summary of the Principal Provisions of the Increase of Rent and Mortgage In- terest (Restrictions) Act, 1920. Sept. 1920 Pamphlet. — How to get a House of Your Own. Sept. 1920 Particulars of Systems of House Con- struction Approved up to April 1920. (D. 89) July 1919 Form of Survey of Housing Needs. (D. 82) Aug. 1919 Standard Specification for Cottages. (D. 91) Sept. 1919 Standard Specification for Roads and Sewers. Bills of quantities and estimates for houses of different tj'pes, sizes and aspects. LIST OF OFFICIAL PUBLICATIONS XVU Date. Title. Mar. 1920 Standard Specifications for Cottages of Timber Construction. Mar. 1920 IModel Form of Agreement for Purchase by a Local Authority of Working Class Dwellings under Section 12 (3) of the Housing Act, 1919. May 1920 Model Forms of Tender and Contract, Contract No. 1 (D88 A), revised May 1920. June 1920 Specifications for Cement Concrete Build- ings approved by the Standardisation and Construction Committee of the Ministrv of Health. Circulars to Local Authorities, &c. No. Date. 2 May 1919 11 June 1919 13 June 1919 17 29 July 1919 8 25 Aug. 1919 14 30 Aug. 1919 6 7 Oct. 1919 26 11 Oct. 1919 33 31 Oct. 1919 40 3 Dec. 1919 39 21 Nov. 1919 42 Mar. 1920 Subject. Land for Housing Schemes. Delegation of Work to Committee: Quantities and Materials. Land for Housing Schemes. Conversion of Houses into Flats. Accompanying Form of Survey (Explanation of 1919 Act). County Medical Officers of Health, Assistance by (to County Councils). Explanatory leaflet to County Councils, &c. Accompanying Appeal Rules, &c. Accompanying Compulsory Purchase Amendment Regulations, 1919. Co-option of Women on Housing Committees. Provision of Houses, with Enclosures A. & B. V/ith Housing Accomits Order (Local Authorities), 1920, and an explanatory Memorandum. No. Date. Form No. 1 18 July 1919 D. 80 2 Aug. 1919 D. 85 Aug. 1919 Sept. 1919 General Housing Memor.vnda Subject. Procedure in submission of housing schemes. Expenditure of local authorities in con- nection with the preparation and execu- tion of Housing Schemes by their own staff. Standard Specification for Cottage. Fees payable to architects and quantity surveyors, &c. D. 90 D. 92 No. Date. Form No. 5 15 Sept. 1919 D. 93 6 15 Sept. 1919 D. 98 7 15 Sept. 1919 D. 99 8 Oct. 1919 D. 103 9 Oct. 1919 D. 104 9a Jan. 1920 D. 1048 10 Sept. 1919 D. 105 11 Nov. 1919 D. 109 12 Oct. 1919 D. 111 13 Oct. 1919 D. 115 14 Oct. 1919 D. 121 15 25 Nov. 1919 D. 124 16 Feb. 1920 17 16 Dec. 1919 D. 131 XVUl LIST OF OFFICIAL PUBLICATIONS ' Subject. The provision of temporary housing accom- modation by the use of army huts or State-owned hostels. Compulsory Acquisition of Land for Housing (see p. 515). Standard Specification for Roads and Sewers. Financial Assistance to Local Authorities. Financial Assistance to Public Utility Societies and Housing Trusts. To replace General Housing Memorandum, No. 9. Model Form of Contract Compulsory Purchase (see p. 519). Relaxation of Building Bylaws. Expenditure of Local Authorities. Building Materials to private persons. Quantity Surveyors. Enclosing Model Form of Agreement imders. 12 (3)/19. Expenditure of Local Authorities in respect of Administrative work in connection with the erection of houses under Assisted Housing Schemes. 18 16 Dec. 1919 D. 132 Assisted Housing Schemes. 19 20 Jan. 1920 D. 134 With Orders, 65,788, 65,789 (Regulation of Building, and Appeals). 20 20 Jan. 1920 D. 137 Re Grants under section 1, Additional Powers Act, 1919. 21 Feb. 1920 Enclosing copies of the Housing (Local Bonds) Regulations, 1920, and outhning procedure of Local Authorities thereunder. 22 Feb. 1920 Setting out the means by which Production Committees of Local Authorities can overcome difficulties arising out of the shortage of labour and materials and delays in transport. 23 Mar. 1920 Applications for payments on account of Exchequer Subsidy for the year ending March 31, 1920. 24 Mar. 1920 Enclosing Standard Specification for Cottages of Timber Construction. 25 IMar, 1920 Ministry of Healtli decisions in regard to points raised in connection with the con- ditions governing the payment of Grants to private persons constructing houses under the Housing (Additional Powers) Act, 1919. 26 April 1920 Purchase of certain building materials independently of the Director of Building Materials Suppljr. LIST OF OFFICIAL PUBLICATIONS XIX No. Date. Form No. Subject. 27 May 1920 Sale of Houses built by Local Authorities. 28 May 1920 Enclosing copies of revised model fonn of contract, No. 1, prepared for use of Local Authorities, &c. 29 May 1920 Increase of Grants to private persons under the Housing (Additional Powers) Act, 1919. 30 June 1920 Enclosing Standard Specifications for, Cement Concrete Building. 31 July 1920 Revision of Scales of Fees payable to Architects and Quantity Surveyors in connection with State-aided Housing Schemes^ 32 June 1920 Payment of Exchequer Subsidy in respect of Local Authorities Assisted Housing Schemes. 33 Sept. 1920 Conditions to be observed in drawing up schemes for the Sale of Houses included in Assisted Schemes on the Plan of Payment by Instalments. 36 Sept. 1920 Loans to Local Authorities from Proceeds of Sales of National Savings Certificates. Fire Insurance of Houses included in Local Authorities Assisted Housing Schemes. State-aided Hoxising Schemes : Preparation and Submission of Final Accoimts and Contractors' Statements. Smoke Abatement. Grants to Private Builders ; Issue of " A " Certificates to be discontinued. Command Papers Title. 1918 Building Construction : Report of Committee (Tudor Walters'). 8998 9 Jan. 1918 First Report of Committee on the Acquisition and Valuation of Land for Public Purposes. Second Report of Committee on the Acquisition and Valuation of Land for Public Purposes. Third Report of Committee (Mines and Minerals). Fourth Report of Committee (Transfer of Land in England and Wales). Position of the Building Industry after the War (Building Materials Supply Committee). Cd. 9087 Housing : Memorandum by the Advisory Panel on the Emergency Problem (3d.). Cd. 9179 Building Construction Contracts (Colwyn Com- mittee). Cd. 916G May 1918 Women's Housing Sub-Committee First Interim Report (Id.). Oct. 1920 Oct. 1920 Oct. 1920 Dec. 1920 No. Date, 9191 24 Oct. Cd. 9229 29 Nov. 1918 Cmd. 156 Cmd. 424 6 Nov. 1919 Cd. 9197 4 Nov. 1918 XX LIST OF OFFICIAL PUBLICATIONS No. Date. Cd. 9232 17 Jan. 1919 Cd. 9213 13 Nov. 1918 Cd. 9214 13 Nov. 1918 Cd. 9223 29 Oct. 1918 Cd. 9238 5 Feb. 1919 Cd. 9235 Cmd. 89 24 Mar. 1919 Cmd. 128 28 April 1919 (H.C. 957) April 1919 Cmd. 542 Cmd. 124 28 April 1919 Cmd. 125 28 April 1919 Cmd. 126 28 April 1919 Cmd. 127 28 April 1919 Cmd. 42G Nov. 1919 Cmd. 444 27 Nov. 1919 Cmd. 453 Cd. 9157 Nov. 1918 Cmd. 413 Cmd 509 Cmd. 599 Mar. 1920 Cmd. (ill Cmd. G58 Mar. 1920 April 1920 June 1920 Title. Women's Housing Sub-Committee Final Report {•3d.). Building Bylaws : Report of Local Govern- ment Board Committee on Building Bylaws : Minutes of Evidence, Appen- dices and Index. Financial Assistance Committee : Interim Re- port on Public Utility Societies (2d.). Financial Assistance Committee : Final Report (3d.). Report of Committee on Increase of Rent, &c., Legislation. Financial Assistance to Public Utility Societies and Housing Trusts. Financial Assistance to Public Utility Societies and Housing Trusts. Housing by Public Utility Societies and Housing Trusts. Housing Schemes submitted to the Ministry of Health (the most recent return of a series). Statutory Enactments proposed to be extended &c., by the Housing, Town Planning, &c., Bill, 1919. Estimate of probable Expenditure. Statement showing existing procedure, &c., and effect of Bill. Financial Assistance to Local Authorities. New Methods of Construction. Interim Report of Treasury Committee on Housing Finance. Housing (Additional Powers) Bill, 1919. Esti- mate of probable Expenditure, Conditions Governing Grants to Private Builders. Forty-seventh Annual Report of Local Govern- ment Board, 1917-18. Forty-eighth Annual Report of Local Govern- ment Board, 1918-19. Changes in Prices of Building Materials (London). Statement showing the names of donors of sites which have been approved by the Ministry of Health for the erection of houses for the Working Classes. List of Changes in the Prices of the Principal Building Materials. Report of the Committee on the Increase of Rent and Mortgage Interest (War Restrictions) Acts. Minutes of Evidence of the Committee on the Increase of Rent and Mortgage Interest (War Restrictions) Acts. LIST OF OFFICIAL PUBLICATIONS XXI No. Date. Title. June 1920 Interim Report of the Committee appointed by the Minister of Health to consider and advise on the principle to be followed in dealing with Unhealthy Areas. H.C.B. 215 Aug. 1920 Ministry of Health (Miscellaneous Provisions) Bill, 1920. Cmd. 898 Aug. 1920 Memorandum on the Ministry of Health (Mis- cellaneous Provisions) Bill, 1920. Cmd. 917 Sept. 1919 First Annual Report of the Ministry of Health, 1919-20. Part II. Housing and Town Planning. Cmd. 979 Sept. 1920 Housing Schemes submitted to the Ministry of Health by Local Authorities and Public Utility Societies up to August 28, 1920. Reconstruction Pboblems Pamphlets on — (2) Housing in England and Wales. (4) Housing in Scotland. (25) Town Planning. LAW AND PRACTICE WITH REGARD TO HOUSING IN ENGLAND AND WALES CHAPTER I INTRODUCTION The legislation relating to housing is voluminous and almost chaotic. Besides the Housing Acts, 1890 to 1919, as defined by section 40 of the Housing, Town Planning, &c., Act, 1919, there are seven Acts printed or referred to in this volume which closely affect housing (see the table of contents), and there are references therein to many other Acts which deal with aspects of the problem or some of the questions arising out of it. This voluminous legislation will perhaps appal the layman, but, though there is ample need for the promised consolidation, the legislation is not quite so difficult as it would appear. It falls readily under certain headings, and, once these are grasped, the subject is much clearer. These headings are : — , Unhealthy Areas (Part I) Unhealthy Dwelling Houses (Part II) Housing of the Working Classes (Part III) Town Planning. The principal housing Act (1890) is divided into Parts I, II, III . . . and these terms are in common use, often as abbreviations, e.g. " a Part III scheme." Parts I and II are dealt with fully in Chapter III, and Part III in Chapter II ; and it is not necessary to refer 1 2 .\ : LA'Vr ;ATT-P' '.ERAC'l^ICi: WITH REGARD TO HOUSING further to them here than to say that while the provision of houses (Part III) is the problem of the moment, the removal of unhealthy housing conditions (Parts I and II) was the problem for many years previously, and may be the problem for many years after the present shortage of houses disappears, though the provision of new houses of the type approved under the Housing, Town Planning, &c., Act, 1919, should materially lessen the future difficulties — as it is designed to do. Town planning is dealt with in Chapter V. The Legislation Briefly Reviewed The Housing of the Working Classes Act, 1890 (the principal Act) is the first of the present Housing Acts. It repealed the following Acts : — A difficult problem — previous attempted solutions. Session and Chapter. 14 & 15 Vict. c. 34 18 & 19 Vict. c. 88 29 & 30 Vict. c. 28 29 & 30 Vict. c. 44 30 & 31 Vict. c. 28 31 & 32 Vict. c. 130 38 & 39 Vict. c. 36 38 & 39 Vict. c. 49 42 & 43 Vict. c. 63 42 & 43 Vict. c. 64 42 & 43 Vict. c. 77 42 Vict. c. 2 The Labouring Classes Lodging Houses Act, 1851 The Dwelling Houses (Scotland) Act, 1855 The Labouring Classes Dwelling Houses Act, 1866 The Labouring Classes Lodging Houses and Dwellings Act (Ireland), 1866 The Labouring Classes Dwelling Houses Act, 1867 The Artizans and Labourers Dwellings Acts, 1868 The Artizans and Labourers DwelUngs Improvement Act, 1875 The Artizans and Labourers Dwellings Improvement (Scotland) Act, 1875 The Artizans and Labourers Dwellings Improvement Act, 1879 The Artizans and Labourers Dwellings Act (1868) Amendment Act, 1879 The Public Works Loans Act, 1879 The Artizans and Labourers Dwellings Improvement (Scotland) Act, 1880 Extent of Kepeal. The whole Act The whole Act The whole Act The whole Act The whole Act The whole Act The whole Act The whole Act The whole Act The whole Act Section six The whole Act INTRODUCTION Session and Ohaptcr. Short Title. Extent of Repeal. 43 Vict. c. 8 An Act to explain and amend the twenty-second section of the Artizans and Labourers Dwellings Act ( 1 868) Amend- ment Act, 1879 The whole Act 45 & 46 Vict. c. 54 The Artizans Dwellings Act, 1882 The whole Act 48 & 49 Vict. c. 72 The Housing of the Working The whole Act Classes Act, 1885 except sections three and seven to nine, and except section ten so far as it relates to by- laws author- ised by those sections Its chief purpose was the removal of unhealthy housing Legislation, conditions (Parts I and II). Its Part III powers were I890toi9l9. adoptive only. By the 1909 Act they took effect without adoption ; and by the 1919 Act the powers became duties. In 1894 there was a short Act dealing with the borrowing powers under a reconstruction scheme (Part II). In 1900 there was another short Act, only four sections of which now remain in force. These are : Exercise of powers outside district ; Provisions as to Metropolitan Borough Councils ; Accounts, and Short Title. In 1903 there was a longer Act dealing with general Amendments, Amendments as to Schemes, Amend- ments as to Closing Orders, Demolition, and the like. The 1909 Act was, and is, of considerable importance. The problem of providing houses was emerging, and, as stated, Part III of the principal Act was to take effect without adoption. Powers of enforcing the Acts were extended and there were drastic amendments with regard to Closing and Demolition Orders. Amendments were also made with regard to Parts I and II schemes, and to financial matters. But the matter perhaps of most importance was the introduction of town-planning provisions, which provisions are still largely in force. 4 LAW AND PRACTICE WITH REGARD TO HOtfSING In 1914, following the outbreak of war, two war Acts (the Housing Act, 1914 and the Housing (No. 2) Act, 1914) were passed. The 1919 In 1919 four Acts were passed affecting housing : — and 1920 Acts. The Housing, Town Planning Act, 1919. The Housing (Additional Powers) Act, 1919. The Land Settlement (Facilities) Act, 1919. The Acquisition of Land (Assessment of Compen- sation) Act, 1919. The first, which is the only one included in " the Housing Acts, 1890 to 1919," is of great importance. It effects considerable amendments in previous Acts and largely provides the machinery for the present housing campaign. It is discussed fully in this volume, and is referred to as " the 1919 Act." The Housing (Additional Powers) Act, 1919 made pro- vision for a subsidy to private builders who erected houses during 1920 ; for the prohibition of luxury building ; for the issue of housing bonds and for minor matters. It is discussed in Chapter VII, and remarks on its proposed extension are also made in the preface. The Land Settlement (Facilities) Act, 1919, deals with the powers of county councils (see Chapter IV) in con- nection with the settlement of soldiers on the land and the provision of the necessary houses. On the whole, however, it is outside the scope of the present volume, and short extracts only are given on page 85. The Acquisition of Land (Assessment of Compen- sation) Act, 1919, deals {inter alia) with the machinery for the assessment of compensation for land taken com- pulsorily for the purposes of the housing Acts. It is printed in full on page 495. The Unemployment (Rehef Works) Act, 1920, with the object of finding immediate work for the unemployed, enables local authorities and the appropriate Government department to acquire land compulsorily for the con- INTRODUCTION 5 struction or improvement of roads, the construction of sewers and the like (see page 488). With much the same object, the PubUc Works Loan Commissioners are empowered by the PubHc Works Loans Act, 1920, to make temporary advances for building purposes to local authorities (see page 487). The Small Dwellings Acquisition Acts, 1899 and 1919, other which enable local authorities to lend money so that ^^gi^lation persons may acquire their houses (see also section 15 (1) (d) of the 1919 Act) are dealt with on page 241. Of the other Acts affecting housing, the chief are the Public Health Acts. Those sections thereof which are within the scope of this volume are dealt with in Chapter III. For some years prior to the outbreak of war there Events had been a falling off in the provision of houses for tcTthe^ioig the working classes. legislation. With the outbreak of war house building further diminished, and, in time, practically ceased except for Government (war) purposes. Before the termination of the war the Government was well aware that the position necessitated special measures. On 28th July 1917 the Local Government Board issued a circular letter to the 1,806 borough, urban and rural district councils requesting a return as to housing con- ditions and needs. 1,660 replied indicating an immediate need for some 400,000 working-class dwellings. The conditions prevented private enterprise from Offers of meeting this demand, and the Government decided Stance to to encourage local authorities to build by offering to ^ocal meet 75 per cent, of the annual loss accruing. The offer, however, was felt to be insufficient in the case of certain local authorities. On 18th March 1918 the Government, through a circular letter issued by the Local Government Board, made its first amended offer : the Board had dis- cretion to increase the grant beyond 75 per cent, of 6 LAW AND PRACTICE WITH REGARD TO HOUSING the loss, provided that the local authority's share of the loss was not less than the product of a Id. rate. Many accepted the offer, but a considerable number still hesitated to commit themselves to a financial burden which they could not very well measure. When the Armistice was signed it was necessary to obtain more definite information, and on 14th November 1918, a further circular letter was issued. 1,300 local authorities replied. 1,150 were prepared to build ; 1,080 of them on the terms of the 18th March letter ; but only 450 stated when their schemes would be ready, and of these only 400 specified the number of houses which their schemes would provide —the aggregate number being 100,000. On 6th February 1919, therefore, the Government made its final offer, namely that the burden on the local authority should, on the conditions therein named, be not more than the product of a \d. rate — the balance being met by the State. Subsequently there were some modifications as to the period during which the financial assistance should operate, the final result being shown in the regulations printed on page 537. While the above negotiations were taking place several committees were studying other very practical aspects of the question. The 1918 While these committees were still sitting the Govern- ment prepared a short Bill, as an instalment of its housing policy, for it was definitely stated, during the discussion of the estimates in May 1918, that it intended to propose comprehensive legislation. The Bill was introduced on 17th October 1918. Its two main clauses dealt with the borrowing powers of county councils in connection with the housing of their employees, and in connection with the transference to such councils of the housing powers of local authorities who had not used those powers to provide houses for the working classes. The Bill was not proceeded with after the Ai'mistice BiU, INTRODUCTION 7 was signed, and on 19th November 1918 was with- drawn. After the General Election the Government decided The 1919 to proceed with its comprehensive Bill, and following ^^^' the before-mentioned circular of 6th February 1919, Dr. Addison, then President of the Local Government Board (now Minister of Health) introduced on 18th March 1919, what is now the Housing, Town Planning, &c.. Act, 1919. The second reading of the Bill was moved in the House of Commons on 7th and 8th April 1918. It was sent to Grand Committee 14th April, reported 15th May, sent to the House of Lords on 28th May, and after further extended debate and " negotiations," received the Royal Assent on 31st July 1919. For the better understanding of the housing problem, other points however, it should be appreciated that for several years interest. before the war, many prominent politicians (including the present Prime Minister) had constantly discussed it, and that private members' Bills had been presented to Parliament with the object of dealing with at least some portions of it. Bad housing had, in fact, become a " burning question," and it was clearly realised that such measures as the National Insurance Act, 1911, were, to some extent, necessitated by it. The last of such Bills received a second reading on 20th March 1914, on the motion of Sir Arthur Griffith- Boscawen (now Parliamentary Secretary to the Ministry of Agriculture and Fisheries). But it did not go further, the then President of the Local Government Board (the Right Hon, Herbert Samuel, M.P.) saying that the Government was about to prepare its own Bill, and was taking the preliminary steps. Nor is it correct to think that the idea of a Govern- A housing . 1 . , . , . . subsidy not ment housing subsidy is a new one. Housmg has ^^g^^ been subsidised in Ireland for several years. Up to 1914, 52,000 cottages had been built by Irish local authorities at a cost of £8,500,000, and there was an annual loss 8 LAW AND PRACTICE WITH REGARD TO HOUSING Housing loans sanctioned. upon them. The reason for this subsidy, in the words of Mr. Herbert Samuel, in the debate mentioned, was : " It can be truly urged that, before this was effected, cottage building had absolutely ceased in Ireland, and there was no other course to be taken to provide private houses for people, but at the cost of the rates and taxes " {Hansard, 20th March 1914, col. 2454). Further, certain local authorities had been subsidising housing out of the local rates. The report of the Local Government Board for 1912-13 shows that loans had been sanctioned to District Councils for housing in forty-two villages, in twenty-one of which there would be a deficit to be met by the rate-payer. In Liverpool, too, people displaced from slums had been re-housed at less than an economic rent. The Local Government Board was stimulating local authorities to take action under their existing powers, with the result that such authorities had increased their output of houses. The Forty-eighth Annual Report of the Local Govern- ment Board for 1918-1919 (Cd. 413) contains, on page 183, a statement showing the loans sanctioned to local authorities for the purchase of land and the erection of houses under Part III of the 1890 Act from the passing of the 1909 Act to 31st March 1919 :— Tear ended 31st March. No. of Authorities. Total amount of Loans Sanctioned. No. of Houses to be Erected. 1911 . 1912 . 1913 . 1914 . 1915 . 13 45 68 123 181 £ 101,210 229,011 395,432 750,497 1,124,621 464 1,021 1,880 3,291 4,408 After the outbreak of war, the totals necessarily decreased. At the same time, it should be understood that the housing problem of 1914 was not of exactly the same INTRODUCTION 9 nature as that of 1919. In 1914 it was more commonly urged, in regard to the provision of new houses, as a rural problem, while in the urban districts the chief complaint was not that the people could not get houses, but that many of the houses were unfit. There is a great mass of evidence on this point ; the Housing and following from a summary of the Report for 1918 of the Medical Officer of Health for Birmingham, Dr. J. Robertson, being typical : — "In 1913 there were 43,366 back to back houses in Birmingham, housing 200,000, a population equal to that of the City of Cardiff. In six wards, all in the central area, from 51 to 76 per cent, of the houses were of this kind. During the period 1914-18 four of these wards had a general death-rate of more than 19 per 1,000 ; five an infant mortality greater than 134 per 1,000 births ; three a measles death-rate above 0.56 ; five a death-rate from pneumonia and bronchitis above 3.63 ; five a phthisis death-rate above 1.63 ; and five a mortality rate of over 29 per 1,000 births for deaths at ages under two from diarrhoea and enteritis. As a control we may take King's Norton, with less than 8 per cent, of back-to-back houses. The death-rate here from aU causes is less than 10.9, the infant mortality less than 78, the measles mortality less than 0.12, the bronchitis and pneumonia rate below 1.62, the phthisis rate below 0.89, the diarrhoea and enteritis figure below 9, Some of the inhabitants may be shiftless and criminal, unfit to thrive in any environment ; but ' it is impossible to imagine a rising generation of young people being able to improve in health or self-respect, even if the best of educational facilities are provided, when every- thing they come in contact with is sullied by dirtiness and squalor.' " To-day the difficulty is that 100,000 houses, approxi- The present mately, which were required each year, have not been ^^^ ®"^' built since 1912. Up to 1912 that number, roughly, was provided. Then it dropped to 45,000 a year, and during the war it ceased almost completely. 10 LAW AND PRACTICE WITH REGARD TO HOUSING It has been found from figures returned by local authorities that about 800,000 houses are required at the present time. The question is threefold : — 1. The problem of new houses. 2. The problem of slum clearances. 3. The town planning for the future. These are the three chief directions of action to be taken by bodies responsible for housing in the next few years. England is not alone in this matter. All over the world similar problems are facing the Governments of other nations. To-day this country is, as a matter of fact, further advanced with its schemes than any other country in the world. The latest Much of the land required has already been acquired. gures. During 1919 sufficient land, reckoning on the basis of ten houses to the acre, to erect 600,000 houses, was approved. To 17th November 1920, 52,857 houses had been commenced by local authorities, in addition to 28,000 public utility society and private builder (sub- sidy) houses. £86,500,000 had been raised in Housing Loans, including over £13,000,000 by Housing Bonds. On 1st November 1920, the number of houses built by local authorities and public utility societies was 9,171, including 424 flats, but excluding Army huts converted into dwellings; and 3,106 had been built by private builders (subsidy houses). On 1st December 1920, 16,187 houses had been com- pleted, of which 11,122 were provided by local authorities and public utility societies and 5,065 under the private builders' subsidy scheme ; 52,396 other houses were in various stages of construction by local authorities and public utility societies ; and preliminary certificates had been issued in respect of a further 21,448 houses under the private builders' subsidy scheme. The total number of houses included in signed contracts on 1 1th December by local authorities was 133,301. CHAPTER II THE POWER AND DUTIES OF LOCAL AUTHORITIES : THE PROVISION OF HOUSES FOR THE WORKING CLASSES By sections 1 and 2 of the Housing, Town Planning, Chief powers. &c., Act, 1919 (referred to subsequently as the 1919 Act, or the Act of 1919) local authorities are required to provide houses for the working classes in accordance with the needs of their areas ; and, notably by sections 12 and 15, their Part III (1890) powers are enlarged to that end. Further, by section 7, a large proportion of their financial losses and expenses, arising out of such provision, is met out of moneys provided by Parliament, con- ditionally upon the provision being made within a specified period. The local authorities for the provision of these houses Definitions, (see the 1890 Act, 1st schedule) are : — Town Councils, Urban District Councils, and Rural District Councils (see also section 1 of the 1900 Act). And in London : The Common Council of the City (for the City), and The London County Council, and The Metropolitan Borough Councils (for the remainder of the Administrative County of London) (see also the 1919 Act, section 41). The position in London differs from that in the country London, generally, because of the special position of the London County Council. Excluding the City, in which the Common Council is the housing authority, the powers U 12 LAW AND PRACTICE WITH REGARD TO HOUSING and duties in housing matters are divided between the London County Council and the Metropolitan Borough Councils. Section 41 contains a provision defining their powers and duties. The provision of additional accommodation is a matter for the Metropolitan Borough Councils, if it is to be made to meet a shortage within the borough, and also on land within the borough. The provision of new houses becomes a matter for the London County Council if the new houses are to be provided outside the county. In certain circumstances, the London County Council may submit a scheme to the Ministry of Health for the use of land in a Metropolitan Borough to meet the needs of districts outside the borough. The London County Council and the Common Council of the City of London are empowered to enter into agreements with one another for carrying out any schemes for new houses or for slum clearances (section 41). No. of local The number of local authorities required to submit schemes under the 1919 Act is as follows: — Metropolitan boroughs 29 County boroughs 82 Boroughs 246 Urban districts 799 Rural districts 649 In certain circumstances county councils may be empowered to exercise the housing powers of local authorities (see Chapter IV, which deals with the powers and duties of county councils). The schemes mentioned are Part III schemes, that is schemes for the provision of housing for the working classes under the provisions of Part III of the principal (1890) Act, as amended. Those at present in operation are also referred to as " assisted schemes," because the loss thereon is being chiefly met by moneys provided by Parliament. THE PROVISION OF HOUSES 13 In Part III of the principal Act, sections 53 to 59 Provisions of give powers to local authorities to acquire and appropriate land (see also section 2, 1909 Act, and section 22 of the Land Settlement (Facilities) Act, 1919) and to erect, convert, alter, &c., buildings suitable for lodging houses for the working classes — which phrase has the same meaning as "houses for the working classes " used in the 1919 Act, see section 40 thereof. These powers are greatly enlarged by the 1919 Act (sections 12 and 15, see also section 11, 1903). Sections 61 and 62 deal with the management of such houses, including the making of by-laws — as to which, see now section 25 of the 1919 Act. Sections 65 and 66 deal with the expenses and borrowing powers of local authorities for Part III purposes ; see also sections 3 (1900), 1 and 15 (1903), 3 and 31 (1909), and 7 (Additional Powers Act, 1919). Sections 67-71 deal with loans to and powers of com- panies, societies and individuals to provide houses : see also sections 20 and 21 (1919). Water and gas com- panies can make supplies free or on favourable terms to Part III houses (section 69), which must be open for inspection by the local authority (section 70). By section 74 land may be sold, &c., for working- class dwellings at lower prices than could be otherwise obtained, by companies and tenants for life under the Settled Land Acts, see also sections 7 (1909) and 31 (1919). By section 80 separate accounts have to be kept by the local authority, and audited : see also section 4 (1900). By section 81 housing committees may be formed and persons co-opted thereto. Section 82 deals with the application of the purchase- money when land is sold. By section 88 persons interested are prohibited from voting as members of the local authority, and section 89 provides the penalty for obstructing the execution of the Act. 14 LAW AND PRACTICE WITH REOARD TO HOUSING Provisions of By section 1 of the 1900 Act, a local authority, other subsequent '' 11.. ., 1 \ r Acts. than a rural district council, may acquire land for Part III purposes outside their district. As to the special cases of London, see now section 41 (1919). Section 1 of the 1909 Act provides that Part III shall take effect without adoption. Previously it could be put into operation only after adoption. Section 5 (1909) deals with the payment of purchase or compensation money which would otherwise be paid into court. By section 8 (1909) a local authority may accept donations of land or money : see also section 31 (1919). Sections 10-13 (1909) deal with the powers of enforcing the Act : see now sections 3 and 4 (1919). Section 34 (1909) makes it unnecessary for local authorities to make good the deficiency in land tax and poor rate, resulting from their acquiring land for housing purposes and putting it temporarily out of rating. Other provisions of the 1909 Act include power of entry (section 36) ; power of Ministry to obtain report on any crowded area (section 37) ; joint action by local authorities (section 38, see also section 1 (6) 1919) ; appeals to Ministry (section 39) ; sale and disposal of buildings (section 40) ; power of Ministry to prescribe forms and to dispense with advertisements (section 41) ; power to revoke unreasonable by-laws (section 44, see now, however, section 24 of the 1919 Act) ; saving of sites of ancient monuments (section 45, see also section 1 (3) of the 1919 Act) ; provisions as to commons and open spaces (section 73) and to land in the neighbourhood of Royal palaces or parks (section 74). A more extended reference to some of the powers under the 1919 Act is made below. By section 10 of the Housing (Additional Powers) Act, 1919, the Minister may acquire land for the purpose of garden cities or town-planning schemes on behalf of local authorities and others. Re-housing. By sections 6, 11, 12 and 40 of the 1890 Act, local I THE l»RO VISION OF HOUSJeS l5 authorities may be required to erect houses fol* the working classes, to re-house persons displaced by the clearance of slums, and, by section 3 of the 1903 Act, re-housing may be required when people are displaced by land being taken under local or private Acts. In the House of Commons on 27th May 1919 Dr. Definition of Addison (Minister of Health) spoke on the subject of the ciasres.'"^ definition of the "Working Classes" as follows : — " The reason I did not put a definition of the working classes into the Bill, was because I found myself unable satisfactorily to provide one, and that is the plain truth of it. . . . I did not find it possible to frame a definition that was good enough. I think that was sound policy. We had a number of people, very eminent people, amongst them Mr. Hobhouse, who tried their best to frame it, and gave it up. This is the policy I propose to adopt. What is the type of house which we are going to encourage and assist under this scheme ? The type, of course, under the scheme is fairly general, and such a type of house as you would expect to include in the scheme. Having provided this type of house, we must expect the public authorities and public utility societies to secure that they are let to the persons for whom they are intended. The persons for whom they are intended are the persons whose housing needs emerge in that locality. Because the first principle of the Bill proceeds from this, that the local authority is called upon to provide a scheme, which scheme must be designed to meet the housing needs of their locality. It all arises out of that, and begins from that scheme. When we approve the scheme, then it becomes binding on the authority. So the House will see that the whole scheme is related, from the first Clause of the Bill to the needs of the locality, that is, the people who live there, and not people who may want to take a country cottage or any- thing like that. We must expect local authorities and others to see to it, or else assure ourselves, in framing a scheme, that the scheme is designed to meet the needs of the locality for people who want to or can inhabit this type of house generally. Then, after the scheme is sanctioned, we proceed from that beginning. I think a practical working application, relating to the type oi 16 LAW AND PRACTICE WITH REGARD TO HOUSING house you are going to provide, rather than trying to frame some arbitrary definition of the working classes, which will break down within a month — I am perfectly certain of that, whatever the definition is, once you try to work it — is the right line of proceeding. I came to this decision because after having tried to frame a defini- tion, and having employed a number of people to try to frame one for me, I found it impossible to get a defini- tion that would form a working basis for this Act." THE 1919 ACT A better house. The princi- ples of the Ministry. An important point of the new (1919) Act is that local authorities are required to ascertain how many houses are needed and to endeavour to provide them, as far as they will not be provided by other agencies (sections 1 and 2). The problem attacked by the 1919 Act is, however, not only that of the provision of houses, but of houses of a better kind, more conveniently arranged, and more healthily situated and circumstanced. When, therefore, the Ministry of Health (then the Local Government Board) grappled with the problem of the shortage of houses, it kept before it certain prin- ciples. Houses were needed, but the opportunity was to be taken of improving the health of the people by bettering the conditions under which they lived. The standard of accommodation and equipment had been rising, and this tendency was to be encouraged. More air-space was to be provided about each house. There was to be no building of dreary, unbroken rows of " brick boxes with slate lids," to use the phrase of Mr. John Burns, a former President of the Board. In short, the houses to be built were to be adequate in size, equip- ment and amenity. As the State (through the Ministry) was to provide financial assistance towards the provision of the houses, it was able to secure the due observance of the above principles. The provision op houses 17 To do the work falling upon the Ministry, the central The Btaff was materially strengthened, and to secure the ™^ ^^^' best results, particularly promptitude, as much of the Ministry's work as possible was de-centralised. District offices under the charge of Commissioners, assisted by expert staffs, were established. These Commissioners are particularly charged to assist local authorities in regard to housing schemes at all stages — not waiting to be asked for advice and help, but seeking, by personal inter- course and round-table conferences, to get the best out of everybody and everything, and in the shortest possible time. In addition to many other efforts, the Ministry have regularly issued useful circulars, manuals, and memo- randa to local authorities and others (see the list on page xi), and since 19th July 1919, they have published a fortnightly journal — Housing — as a further means of communicating with and helping all concerned. The Government has bought considerable quantities of building materials and standardised fittings for sale to local authorities and private persons (see also page 131). Section 1 (1) of the 1919 (Housing) Act makes it the Needs of duty of every local authority " to consider the needs of their area with respect to the provision of houses for the working classes," and to prepare and submit a housing scheme within three months, namely by 31st October 1919. There are no statutory rules for the calculation of these needs, the only reference being section 1 (7), which says that the proposals of others to provide housing accommodation must be taken into account. But the local authority may be superseded if their scheme does not fulfil their obligations (sections 3 and 4). Nor is the matter one for the moment only — the pre- paration of schemes will be required " as often as occasion arises": section 1 (1). Are the obligations those existing at the time of 2 18 LAW AND PRACTICE WITH REGARD TO HOXTSING Form of survey. The scheme. consideration ? Probably not ; for instance, when work which is of a temporary nature is ended, there may be an exodus from the area. Again, the needs to be con- sidered on 31st October 1919 were not those of that day only, when the houses could not be built before, say, 31st October 1922. Further, regard must be had to the ever- improving " public conscience " ; and houses gradually falling below this standard indicate a need. The local authority have to satisfy the Ministry, which laid down in the " Form of Survey of Housing Needs" (D. 89), and circular 8, a method of arriving at the needs. At the first survey (scheme due by 31st October 1919) a house-to-house census of the houses was not expected, main reliance being placed on information in the pos- session of the Medical Officer of Health, supplemented by information which might be supplied by various local committees and organisations, and large employers of labour. The 10th May 1920 issue of Housing gives the result of the first survey : 800,000 new houses are required ; 968 satisfactory schemes have been received ; a further 747 are " satisfactory as instalment " ; 40 are not satis- factory ; 40 are doubtful, and in 9 cases schemes have not been received. Having discovered the needs of their area, the local authority proceed with the preparation of an outline scheme, showing the approximate number and nature of the houses to be erected, the approximate area and the locality of the land to be acquired, the average number of houses per acre, and the time within which the scheme or part of it is to be completed. If the outline scheme is satisfactory, the Ministry grant provisional approval, and the work can go forward. Before the Ministry finally approve a scheme the local authority must furnish to them estimates of its cost and of the rents expected to be obtained: section 1 (4). THE PROVISION OF HOUSES 19 If the Ministry consider that a scheme submitted to them is not adequate, they are to take steps to secure an adequate scheme. They may approve the scheme submitted on the condition that a further scheme is to be prepared ; or they may require an amended scheme to be submitted within a time fixed by them : section 1 (3). If the local authority do not prepare a scheme, or, when a scheme is prepared, do not carry it out, or if it seems better that the county council should prepare and carry out a scheme, the Ministry of Health may transfer the obligations of the local authority to the county council. Further, the Ministry may act themselves on default of a local authority or a county council. In all cases of default the expenses incurred by the Ministry or the county council, as the case may be, may be re- covered from the local authority : sections 3 and 4. Where the circumstances of adjoining districts are such that a combined housing scheme is desirable, two or more authorities may agree to combine in a scheme. If they do not do so where clearly necessary, the Ministry of Health may insist on a joint scheme. A county council may also combine in a joint scheme, with the Ministry's consent : section 1 (6). Should the local authorities neglect to carry out a joint scheme when required, the Ministry of Health may authorise the county council to proceed, or may proceed themselves : sections 3 and 4. Local authorities are required to submit certain Procedure, documents to the Ministry of Health either directly or to its local representatives, the Housing Commissioners, to secure assent to the proposals in the scheme (section 1), their nature being indicated in the following state- ment : — D, 48. Site proposals : Situation ; area ; houses to be built thereon, immediately and eventually ; tenure, &c. 20 LAW AND PRACTICE WITH REGARD TO HOUSING D. 49. Proposals for general lay-out, streets, and sewers. D. 50. Application for approval of house plans. D. 51. Estimate of street and sewerage works : Various details including cost. D. 107. Assisted scheme {local authority) statement of an- nual income and expenditure : Full details (estimated), including cost and rental per house. Where the local authority does not possess the neces- sary land (as to the appropriation of such land, see page 210, and note the power in the Land Settlement (Facilities) Act, 1919, section 22, page 85), arrangements have to be made for its acquisition, such arrangements being provisional until the approval of the Ministry has been obtained. Valuation of The arrangements : With a view to providing a check land. Qj^ ^jjg prices paid for land for housing, the Ministry made arrangements with the Board of Inland Revenue that the services of their Valuation Office should be placed at the disposal of the local authorities, and in accordance with circulars issued by the Ministry the local authorities now avail themselves of the advice of the district valuers in respect of all land proposed to be acquired. For the purposes of the Inland Revenue the country is divided into over 100 valuation districts in charge of district valuers, who are supervised by superintending valuers and the chief valuer. The district valuers not only have local knowledge of the values, but they are in a unique position to advise on the value of land, owing to the experience gained in the valuation of the country under the Finance (1909-10) Act, 1910, for estate duty purposes and the records kept in connection therewith. But for this organisation it would have been most difficult to deal with such a large number of valuations in so short a time. To 31st December 1919, purchase negotiations had been completed in respect of 2,500 sites comprising THE PROVISION OF HOUSES 21 nearly 12,500 acres, the price agreed being approximately £2,200,000. There is a known saving effected by such negotia- tions amounting to £759,810, without regard to 540 cases in which the saving cannot be definitely ascer- tained. For later figures see Cmd. 917, page 15. The average price paid for land is slightly in excess of Price of the £180 per acre, which on the basis of 10 houses to the acre shows a cost of £18 per house. The whole of the services rendered by the Valuation Office have been free of cost to the local authorities. There have been many cases where landowners have been prepared to sell their land for housing purposes at lower figures than the values placed upon it by the valuers. Some have given land — sections 8 (1909) and 31 (1919). On occasion, however, it has been necessary to resort to the compulsory purchase powers, given in section 57 of the 1890 Act, and section 2 and the first schedule 1909 Act — as amended. The official circulars and regu- lations on the subject deal with the powers and pro- cedure, and are given in Appendix I. To avoid delay, section 10 of the 1919 Act enables Early local authorities to take early possession of land which of'lTnd"" is to be compulsorily purchased. This may be done at any time after the Order has been confirmed and notice to treat served, provided that not less than fourteen days' notice is given to the owner and to the occupier of the land (see also page 389). A similar power of entry on fourteen days' notice is given where land is acquired by agreement, and the land is in the possession of a person who has no greater interest in it than that of a tenant for a year or from year to year. Under section 15 (1) (6) of the 1919 Act, local authori- ties will be able to sell or to lease land to other bodies or persons for the erection of working-class dwellings or 22 LAW AND PEACTICE WITH REGARD TO HOUSING Redemption of land tax. The great need for ^ economy in the prepara- tion of schemes. of dwellings for other classes, or of factories or business premises, or for any purpose incidental to its develop- ment as a building estate. This power may be found especially useful where the local authority have, for instance, bought an estate containing more land than is needed for their own housing scheme, because by buying the whole estate they may have been able to obtain the land more easily and cheaply. The land tax charged on sites purchased for housing schemes should be redeemed. There are no special provisions as to land tax in the Housing Acts, and consequently the local authority should communicate in the ordinary way with the appropriate Commissioner of Land Tax, who will require them to fill in a form headed " Redemption of Land Tax." Immediately after this form has been completed and delivered, they can proceed to build houses without danger of reassessment of the land tax on the improved value. The cost of redeeming the land tax can be charged to the capital cost of the scheme, and will rank for financial assistance. The Minister of Health has not been able to approve, without examination, any and every project or scheme submitted by local authorities. He has a responsibility to Parliament and the country which would be serious enough in normal times, but is doubly so in present circumstances. Speaking at Plymouth in December 1919, Viscount Astor, Parliamentary Secretary to the Minister of Health, said that the Ministry had by that date saved £578,000 on tenders submitted by local authorities for approval. This represented over 8 per cent, on the original sum. They had also saved £570,000 on land, or 26 per cent, of the original sum asked, or provisionally agreed to, by local authorities. The average saving per acre in over 1,500 cases was £64. THE PROVISION OF HOUSES 23 Speaking on 4th February 1920, Dr. Addison, Minister of Health, mentioned a case in which a re-adjustment of the lay-out had resulted in a saving of £2,000 on roads, and another case in which a saving was effected of £10,000 on a scheme for 300 houses. The Ministry has pointed out that there must, neces- Number of sarily, be differences between schemes for urban and ^he^acre° rural areas. In particular, houses in urban areas should not generally exceed twelve to the acre (gross area), and in rural areas eight to the acre (nett area). But here there is no hard and fast rule. In the special case contemplated in the Housing (Additional Powers) Act, 1919, twenty houses to the acre may be allowed (see page 120), and, generally, special cases will be met, especially if the greater local density is compensated for by the provision of suitable open spaces in the neigh- bourhood. " Gross area " refers to the acreage of the site including the area of roads on the site and minor open spaces, but excluding any sites reserved for buildings other than dwelhngs, and also excluding large open spaces, although these latter may be taken into account to the extent to which they effectively contribute to the open space about the dwellings. " Nett area " means the land devoted to sites for dwelhng houses, gardens, and such minor open spaces as may be provided by dividing such land into separate gardens. The land occupied by the necessary roads, sites for other buildings or by large or detached open spaces is excluded. It is not possible to provide in by-laws with regard to new streets and buildings, for limiting the density of houses per acre, but it is open to a local authority to make a town-planning scheme under which this limitation could be enforced. If the plans and specifications for a housing scheme, as Relaxation approved by the Ministry of Health, do not comply with ° ^" *^^* 24 LAW AND PRACTICE WITH REGARD TO HOUSING The house itself. Special cases. the local building by-laws, these by-laws are to that extent superseded: section 24 (1919). Where the Ministry of Health have approved plans and specifications which are in any respect inconsistent with the building by-laws in force in the district in which the works are to be executed, any private builder will have the privilege, in that district, of departing from the provision of local by-laws to the same extent, and subject to the same conditions. In the Manual on the Preparation of State-aided Housing Schemes, the Ministry has given many par- ticulars and plans of the types of houses which it recom- mends, and to which the State financial assistance (section 7, 1919 Act) would be applicable. These plans are offered as suggestions, and local authorities and public utility societies are recommended to employ competent architects who are acquainted with the mode of hfe and requirements of the people for whom the houses are intended. While the Ministry have certain standards in regard to approved houses, they recognise that local conditions and requirements have to be considered, and they do not want monotony. The following decisions of the Ministry will give an indication of the way in which special cases are met : — A ccommodaiion Four bedroom houses in seaside towns. Higher pro- portion may sometimes be allowed. In seaside towns where the working classes practically all take in visitors the Ministry propose to insist on four bedrooms as the maximum, but in special circumstances they might agree to a higher proportion of houses with four bedrooms than they would otherwise regard as proper. From a financial point of view the Ministry would expect in such cases to secure better rents than are ordinarily obtainable. THE PROVISION OF HOUSES 25 Baths Provision of baths in houses botight in order to repair : The Ministry is not prepared, to lay down a rule applicable to all cases, but where there is an adequate water supply and the structure of the house makes it practicable, the Ministry consider that baths should be provided. Baths in rural cottages : Where there is no proper water supply, provision of baths should not be insisted on, but a space should be left for a bath so that one can be added later. It does not necessarily follow that a well and hand-pump to a cistern would not provide a sufficient water supply, though care will have to be taken in connection with the hot water supply, which might in such cases have to be provided from the copper. Buildings Sanitary conveniences : The Ministry refused to agree to the provision of privy middens in a Part III/ 90 scheme, but consented to the provision of earth closets. Materials Thatched roofs : Owing to the scarcity of slates and tiles, thatch should be encouraged for use as a roof covering in rural areas, but should not be used in districts which are urban in character owing to the risk from fire. The thatch should be protected from damage by birds and vermin by galvanised chicken wire. Land Recreation grounds : Where a site forms part of land acquired for, and used as, a recreation ground, the Ministry are advised that the local authority have no power to appropriate it for a building scheme under the Housing Acts. Allotments and open spaces : Provided that open space is secured about the houses, and that there is sufficient distance between rows of houses to give plenty of air space and sunhght, discretion must be exercised as to whether the area of ground remaining will be more 26 LAW AND PRACTICE WITH REGARD TO HOUSING welcome in the form of individual gardens, allotments or open spaces. Width of streets : The width of carriage-ways and foot- ways should be determined in relation to the probable traffic. An arbitrary limitation would involve expendi- ture on roads wider or more expensively constructed than necessary for the traffic. New methods of construction Local authorities may agree with a contractor to purchase from him, on completion, houses which he proposes to build. In such cases, plans and specifications have to be approved by the Ministry, as in the case of the scheme of a local authority. When local authori- ties are fully occupied with details of their own schemes, they may find that, by making use of these powers, a number of houses might be completed at an earlier date than would otherwise be possible. Such houses will rank for the State subsidy. New materials and methods of construction have been sanctioned, and, in view of the high cost of the usual materials and methods, the Ministry have given the matter careful and sympathetic attention, and urged it strongly upon the attention of local authorities. Speak- ing on 4th February 1920, Dr. Addison referred with satisfaction to a statement made by a daily newspaper, which had been one of his freest critics, to the effect that more progress had been made with regard to new and improved methods of housing in the last six months than had previously been made in this country since the time of the cave dwellers. Bousing gives particulars of these new methods, from time to time. In addition to the above, many interesting suggestions tho*^>,^°h^^^*^ and projects have been put forward to overcome other difficulties, notably in connection with the high tenders received for the building of houses. The Ministry has accepted proposals in suitable cases for the erection of houses by labour employed directly by local authorities. There has also been a number of experiments in Guild Other pro- the high prices. THE PROVISION OF HOUSES 27 Socialism — members of trade unions connected with build- ing undertaking contracts for the erection of houses ; and H.M. Office of Works has carried out schemes. Tenders are to be advertised for, with rare excep- tions in the case of rural district councils, and the lowest tender should be accepted unless there is some good ground for refusal, e.g. that the firm were not sub- stantial or of good reputation. In August 1919, the Ministry issued a " Standard standard Specification for Cottages " (D. 82). It is to be adapted catiiiSs. to local conditions, and to the requirement of the par- ticular works. It describes materials and modes of construction which the Ministry consider should generally be adopted for State-aided housing schemes. In September 1919, the Ministry issued a " Standard Specification for Roads and Sewers " (D. 91). It is to be adapted to local conditions. It is intended to apply only to residential roads, on which heavy traffic is not anticipated. For roads, carrying heavy traffic, a more substantial construction may be necessary. The Ministry pointed out in the covering circulars that every scheme which had not then gone to tender should comply with the above standard forms, and stated that it would not be prepared to approve schemes which showed deviations, except in so far as they were rendered desirable by local circumstances and conditions. Subsequently other specifications were issued. Where quantities are supplied, there is no need to send specifications to builders for tendering, as the quantities contain all the necessary information, in addition to the amount of each item required. Printed quantities and estimates have been supplied by the Ministry. The Ministry have also issued for the general guidance Model Form of local authorities and pubhc utility societies model ° °" ^^^^' contracts for State-aided housing schemes. Subject to any modifications to suit local conditions, the forms should, wherever possible, be adopted. 28 LAW AND PRACTICE WITH REGARD TO HOUSING Cost of houses. Owing to the uncertainty as regards costs of labour and materials, it was deemed desirable to include in the conditions of contract provisions for adjustment of the contract price in the event of changes in rates of labour or costs of materials during the currency of the contract. Below are given two statements showing the cost of houses of different types for which the Ministry had approved tenders. The figures are exclusive of the cost of land, road-making and sewering. The first statement covers the period from the commencement to the middle of October 1919, and the second the period from the commencement to 19th June 1920, STATEMENT ISSUED ON 25th OCTOBER 1919 Non-Parlour Types. Parlour Types. Cost as approved. Living-room, Scullery, and Average cost per House. Parlour, Living-room, Scullery, and Average cost per House. Total Num- ber of Houses. 1 Bed- room. 2 Bed- rooms. 3 Bed- rooms. 4 Bed- rooms. 3 Bed- rooms. 4 Bed- rooms. £400 to £500 £501 to £600 £601 to £700 £701 to £800 £801 to £900 £901 and over 4 187 68 55 185 529 1,303 624 118 4 £ 453 570 656 733 817 24 216 51 1,311 988 22 48 81 6 £ 449 573 654 760 832 1,067 213 932 1,444 2,038 1,191 6 Totala 4 310 2,759 4 £647 2,590 167 £768 5,824 3,077 2,747 Average cost of the 5,824 houses £704. Of the 5,824 houses :— 5,250 houses were in urban districts, and cost on the average £705 each. 574 houses were in rural districts, and cost on the average £695 each. THE PROVISION OF HOUSES 29 STATEMENT FROM COMMENCEMENT TO 19th JUNE 1920 Non-Parlour Types. Parlour Types. Living-room, Scullery, Parlour, Living-room, Total Num- ber of Cost as Approved. and Aver- age cost Scullery, and Aver- age 1 Bed- 2 Bed- 3 Bed- 4 Bed- per 2 Bed- 3 Bed- 4 Bed- per House. room. rooms. rooms. rooms rooms rooms. rooms. £ £ £500 andiunder 4 — 134 — 442 — 32 — 462 170 £501 to £C00 . — 199 737 — 571 13 174 — 574 1,123 £601 to £700 . — 241 2,278' 6 660 — 648 2 674 3,175 £701 to £800 . — 183 7,300 30 765 — 3,727 89 761 11,329 £801 to £900 . — 244 1,941 19 833 81 11,423 345 859 14,053 £900 and over. — 5 450 — 962 11 5,391 674 971 16,531 4 872 12,840 55 105 21,395 1,110 Totals £747 £864 36,381 13,771 22,610 1 Excluding seven shops, with cellar, living-room, parlour and three bedrooms, costing £1,390 each. Average cost of the 36,381 houses . . £820 „ „ ,, 13,771 non-parlour houses £747 22,610 parlour houses . £864 Of the 36,381 houses :— 28,287 were in urban districts, and cost on the average £826 each. 8,094 were in rural districts, and cost on the average £798 each. This cost includes all the expenses of erection, drainage and interior fittings. It does not include the making of roads or sewers, or the purchase of land. The average cost of road-making and sewering is from £40 to £50 per house. The cost of land per house may be estimated on the average at about £18. The houses included in the table are divided into two principal groups : — (a) The non-parlour types, consisting of living-room, scullery and bedrooms ; and 30 LAW AND PRACTICE WITH REGARD TO HOUSING Rent for the houses. Tenants for the liouses. (6) the parlour types, consisting of a parlour, living- room, scullery, and bedrooms. Most of the houses contain three bedrooms. The parlour type includes a considerable number of houses with four bedrooms. The question of the rent to be charged by local authorities for the new houses has been the subject of much discussion. House rents are now at an artificially low level because of the Rents Restriction legislation. Dr. Addison has clearly stated that higher rents will have to be charged initially, and that increases will have to be imposed, year by year, until an economic rent is reached. The State subsidy is intended to help to cover some of the difference between the present cost of building and the normal. It is not the intention of the Govern- ment to subsidise rents permanently. On 1st June 1920, the average ofl&cially approved rent of the new houses was 12s. Zd. per week, exclusive of rates. 15 per cent, were under 65., and 15 per cent, over 205. The Increase of Rent, &c. (Restrictions) Act, 1920, does not apply to new houses or flats (completed after 2nd April 1919), but though, therefore, the rents are not limited the rates are — see section 12 (9) thereof. The Leeds Corporation have decided that the tenants shall be chosen in the following order: — (1) Men who have served in H.M. Forces, wives and mothers of men serving, or widows or mothers and children of deceased soldiers or sailors ; (2) families who have outgrown their accommodation or are residing in apartments ; (3) newly-married couples not at present occupying houses ; (4) persons under notice to quit owing to pro- perty having been sold ; (5) former Leeds residents who have had to give up houses during the war (other than service or ex-service men) ; (6) persons living out of Leeds, but employed within the city ; (7) people desiring a change ; and (8) people desiring to live in the city but now residing outside. THE PROVISION OP HOUSES 31 Other local authorities have adopted similar rules. The local authorities choose the tenants and fix the rents, but the latter are subject to the approval of the Minister, or in the absence of such approval to settle- ment by an impartial tribunal. A local authority may, with the consent of the Local Ministry, lease or sell any land or houses bought or erected autl^onties by them, and may agree to the price being paid by houses instalments or to the payment of part of the price being erected by secured by mortgage of the premises, but any house them, so leased or sold may not be used by any person having an interest in it to house his employees. Having regard to any condition imposed, the best price or rent must be obtained (section 15, 1919 Act). Full information on this subject is given in General Housing Memoranda, Nos. 27 and 33. Under the Small Dwellings Acquisition Act, 1899, Loans under as amended (see page 241), a local authority may lend ^^ Small money to any person resident in the district to assist Acquisition him to buy the house in which he lives or intends to ' '^ ' live. They may lend on houses up to the value of £800 each ; and the amount which may be lent may be 85 per cent, of the value. The rate of interest and the terms of repayment of the loan are, subject to certain conditions, a matter for agreement between the local authority and the borrower. Conversion of Houses into Flats With a view to enabling local authorities to obtain an immediate increase in the amount of accommodation available to relieve overcrowding, powers were conferred upon them by the 1919 Act to acquire houses them- selves and convert them into flats (section 12, page 394), and to lend money to owners desirous of undertaking the conversion (section 22), The Act also assists in the modification of restrictive covenants by enabling S2 LAW AND PRACTICE WITH REGAJID TO HOUSING Temporary housing accommoda- tion by army huts or hostels. the county court, upon an application from the local authority or lessee, to make an Order varying the terms of the lease so as to permit of conversion (section 27, see page 429). On 15th September 1919 the Ministry of Health issued General Housing Memorandum No. 5, stating that they had under consideration measures to secure the early provision of housing accommodation in places where the immediate needs were acute. After referring to the possibilities of converting large houses into working- class flats, the Ministry said the conversion of huts or hostels into temporary houses was another way in which such accommodation could be provided. They notified the arrangements to facilitate the action of local authorities in this direction. The Ministry were prepared to consider proposals from a local authority for the provision of temporary accommodation, whether by the use of army huts or State-owned hostels, and, if they approved, the pro- posals would be regarded as part of the local authority's housing scheme under section 1 of the Housing, Town Planning, &c.. Act, 1919, and rank for financial assistance accordingly. Where necessary, the Ministry were prepared to sanction loans for the acquisition and adaptation of huts and hostels for housing purposes. The periods for which such loans would be sanctioned were, of course, shorter than those applicable to permanent houses, the maximum being fixed at fifteen years. Speaking of the results of this policy Dr. Addison said, in the House of Commons on 13th December 1919, that up to that date 1,621 huts and 26 hostels had been taken over by local authorities, and in addition 631 huts had been offered to such authorities. The huts would provide accommodation for 3,217 families, and the hostels for 536 families. 88 local authorities had applied for such buildings. THE PROVISION OF HOUSES 53 The provisions which cover the subject of these huts are contained in section 25 of the 1919 Act, page 419. No huts can be converted after 31st July 1922 if they would transgress the local building by-laws. Section 7 of the 1919 Act provides for a grant out Financial of moneys provided by Parliament being paid to local to^\o*cT^ authorities towards the loss resulting from schemes involv- authorities ing the provision of houses for the working classes, grant. Towards making good this loss the local authority have to find the product of a Id. rate, and the State finds the remainder, subject to conditions. The con- ditions and the machinery for arriving at the figures are given in the Local Authorities' (Assisted Housing Schemes) Regulations, 1919, printed on page 537. which constitute the second attempt to deal with this difficult subject. The conditions are discussed in General Housing Memos. Nos. 8 and 18, As to accountancy matters, see the Housing Accounts Order (Local Authorities), 1920 (page 550). 'CHAPTER III THE POWERS AND DUTIES OF LOCAL AUTHORITIES : UNFIT HOUSES AND UNHEALTHY AREAS As already explained, the primary purpose of the Housing Acts prior to 1919 was public health, principally slum clearances (Part I Unhealthy Areas ; Part II Unhealthy Dwelling-houses) . The local authorities for this purpose (First Schedule 1890 Act) are :— For Parts I and II : Borough Councils. Urban District Councils. The Common Council of the City of London. The County Council of London. For Part II : The Metropolitan Borough Councils. Rural District Councils. That is, Rural District Councils and the Metropolitan Borough Councils have no Part I powers. The London County Council do not usually exercise Part II powers, but may contribute or may be required by the Minister of Health to contribute towards the expenses incurred under a Part II scheme by a Metropolitan Borough Council ; or if the London County Council carry out a Part II scheme the Metropolitan Borough Council concerned may, or may be required to, contribute to the expenses (section 46 of 1890 Act, section 14 of the 1903 Act, and section 33 of the 1909 Act). The problem of the Housing Acts prior to 1919 was almost solely connected with public health (though in 34 UNFIT HOUSES AND UNHEALTHY AREAS 35 the 1909 Act town planning was also dealt with). Neces- sarily so ; in 1909 there was a building boom : too many houses were being built, and it was the following slump which discouraged builders, and produced to some extent the present shortage. The public health powers conferred under these earlier Acts were supple- mentary to those of the Public Health Act, 1875, and to appreciate the full powers of local authorities with regard to matters affecting housing it is necessary to consider certain of the provisions of the Act, as amended, or in London, the Public Health (London) Act, 1891. The Ministry of Health has published an admirable summary of these latter provisions, and also of the whole of the Parts I and II Housing Acts provisions — • Manual on Unfit Houses and Unhealthy Areas, volume II. It would be an affectation to attempt to supply a similar summary here, in merely different language, and the following numbered paragraphs are a reproduction thereof with a few minor alterations principally caused by the enactment, since the issue of that Manual, of the Housing (Additional Powers) Act, 1919 (section 6). 1. Under the PubUc Health Acts it is the duty of every General local authority to inspect their district in order to powers and •^ ^ duties vmder abate nuisances. the Public . . . 1 i J. J. 1 • Health Acts. Any premises in such a state as to be a nuisance or injurious to health and any pool, ditch, gutter, water- course, privy, urinal, cesspool, drain or ashpit, so foul or in such a state as to be a nuisance or injurious to health, and any house or part of a house so overcrowded as to be dangerous or injurious to the health of the inmates are to be deemed to be nuisances liable to be dealt with summarily under the Act (sections 91-111, Public Health Act, 1875). The corresponding provisions in London are contained in sections 2-16 of the PubUc Health (London) Act, 1891. 2. The following matters also may be dealt with under 36 LAW AKD PRACTICE WITH REGARD TO HOtTSma the Public Health Acts ; the sections of the Public Health Act, 1875, here referred to are summarised on page 60 : — Any house without sufficient drainage (section 23) ; Any house without sufficient closet accommodation, or a sufficient receptacle for refuse (section 36) ; Examination of drains, privies, &c., on complaint of nuisance (section 41) ; Any house without a proper water supply (section 62 and, as regards rural districts, the Public Health (Water) Act, 1878). As regards the Metropolis, provisions are contained in the Public Health (London) Act, 1891, as to closets, ashpits, drains and cesspools (sections 37-43), and as to water supply (sections 48-50). 3. The provisions restricting or prohibiting the letting or occupation of cellar dwellings and the use of under- ground rooms as sleeping places, are summarised on page 65. 4. The following additional powers are available to local authorities where the respective sections of the Public Health Acts Amendment Act, 1907, have been put in force by an order of the Local Government Board, or are put in force by an order of the Minister of Health :— Special power to require the paving and drainage of yards (section 25) ; Special power to require the provision of water closets in place of other forms of closet accommodation (section 39) ; Special power as to testing drains (section 45) ; Special power to require the provision of sinks and drains for carrying off refuse water (section 49) ; Power to deal with the following defects summarily as nuisances : — Any cistern for the supply of water for domestic purposes so placed constructed or kept as to render UNFIT HOUSES AND UNHEALTHY AREAS 37 the water therein liable to contamination causing or likely to cause risk to health ; or Any gutter, drain, shoot, &c., causing dampness in a building (section 35). 5. Under sections 23, 36, 41 and 62 of the Public Health Act, 1875, and sections 25, 45 and 49 of the Public Health Acts Amendment Act, 1907, the local authority may, in default of the owner, do the necessary works and recover the expenses from him. Any person deeming himself aggrieved by the decision of the local authority may appeal to the Minister of Health under section 268 of the Public Health Act, 1875, the effect of which is set out on page 63. 1. It is the duty of the local authority to cause a Powers and thorough inspection of the dwelling houses or localities t,he Housing in their district to be carried out from time to time by '^^^^• the medical officer of health, or by an officer designated by the local authority but acting under the medical officer's direction and supervision, in order to ascertain whether any dwelling house in the district is in a state so dangerous or injurious to health as to be unfit for habitation (section 17 (l)/09 and Housing (Inspection of District) Regulations, 1910) ; these Regulations are printed on page 570. The necessary power to enter any premises for the purpose of survey and examination is contained in section 36/09. 2. Full records are to be kept giving information under prescribed headings as to the inspection under the Housing Acts and action taken on it ; and the local authority are, as far as may be necessary, to consider the records at each of their ordinary meetings, and to take all necessary action in regard to any dwelling house to which the records relate (Housing (Inspection of District) Regulations, 1910). It is the duty of the medical officer of health, in the case of any dwelling house which appears to liim to be 38 LAW AND PRACTICE WITH REGARD TO HOUSING in a state so dangerous or injurious to health as to be unfit for human habitation, to make a written repre- sentation to the local authority, stating that the dwelling house appears to him to be in such a state (sections 30/90 and 79 (2) /90). 3. Complaint of Justice of Peace or four householders. It is also the duty of the medical officer forthwith to inspect and, if necessary, to represent to the local authority, any house in regard to which complaint in writing has been made to him by any Justice of the Peace, or any four householders, that it is in a condition so dangerous or injurious to health as to be unfit for human habitation (sections 31/90 and 39/19). Where it appears to the Minister of Health that the local authority have failed to carry out the inspection of their district as required by the Act of 1909, he may, by order, require them to remedy the default within a time fixed by the order. The order may be enforced by proceedings in the High Court (section 11 /09). Repairs. 4. Notices requiring repairs. Under section 15 of the Housing, Town Planning, &c., Act, 1909, the local authority may serve a notice on the landlord of a house which is not in all respects reasonably fit for human habitation requiring him to execute any necessary works. This section applies only to houses let since the 3rd December 1909, and of which the rental does not exceed certain limits. There is an appeal to the Minister of Health against notices served under it and the landlord may instead of repairing the house declare it to be closed (see, however, the next paragraph (5) and section 6 of the Housing (Additional Powers) Act, 1919). If the landlord does not do the works and does not declare the house to be closed the local authority may do the works and may, subject to an appeal to the Minister of Health, recover the expenses from him. 5. Fuller powers for securing that an unfit dwelling shall be rendered in all respects reasonably fit, whether UNFIT HOUSES AND UNHEALTHY AREAS 39 the defects are dangerous or injurious to health or not, are now given by section 28 of the Act of 1919. This section provides that, if the owner of any house suitable for occupation by persons of the working classes fails to make and keep it in all respects fit for human habitation, the local authority may serve notice on the owner requiring him within a reasonable time, not being less than twenty-one days, to execute such works as may be necessary ; the prescribed form of notice is given on page 612. If the house is not capable, without reconstruction, of being rendered fit for human habita- tion, the owner may within twenty-one days after the receipt of the notice, by written notice to the local authority, declare his intention of closing the house for human habitation. The house is then to be treated as if a closing order had been made and become operative in respect of it. Any question arising in this matter is, in case of difference between the owner and the local authority, to be determined by the Minister of Health. In this section "owner" has the same meaning as in the Public Health Act, 1875 (see page 423). 6. Power of local authority to execute repairs. If the owner does not comply with the requirements and does not give notice declaring the house to be closed, the local authority may, at the expiration of the period specified in the notice requiring the execution of works, themselves do the work and recover the expenses from him. In a case in which the owner has given notice declaring the house to be closed, but the Minister of Health has determined that the house can be made fit for habitation without reconstruction, if then the owner fails to carry out the required repairs within twenty-one days of the date when the Minister gave his decision, the local authority may step in and do the work, as stated above. Any expenses incurred by the local authority in doin;^ the work may be recovered from the owner. 40 LAW AND PRACTICE WITH REGARD TO HOUSING together with interest at a rate not exceeding 5 per cent., in a court of summary jurisdiction, and until recovery are to be a charge on the premises. The local authority may by order declare the expenses to be payable by monthly or annual instalments within a period not exceeding thirty years, with interest at a rate not exceeding 5 per cent., and any such instalments or interest may be recovered in a summary manner from the owner or occupier. If recovered from the occupier, the amount may be deducted by him from the rent. By section 6 of the Housing (Additional Powers) Act, 1919, there is prohibited the demolition, in whole or in part, or the use otherwise than as a dwelling house, of any house which on 23rd December 1919, was in the opinion of the local authority reasonably fit or reasonably capable without reconstruction of being rendered fit for human habitation. The local authority may, however, grant permission to demolish, and if they refuse there is an appeal to the Minister. The section remains in force until 23rd December 1921. Qosing 7. Closing Orders. If on the representation of the medical officer of health, or of any other officer, or other information given (see page 47 as to representations by county medical officers of health), any dwelling house appears to the local authority to be in a state so dangerous or injurious to health as to be unfit for human habitation, the authority are required to make a closing order. Any owner aggrieved by the order may appeal to the Minister of Health within fourteen days after the service of the notice of the order (section 17 (2) /09). If no appeal is made, or if an appeal is made and is dismissed or abandoned, the closing order becomes operative. Nothing in the Increase of Rent and Mortgage Interest (War Restrictions) Act, 1915, and the enactments amend- ing that Act (see page 710) is to affect the right of a UNFIT HOUSES AND UNHEALTHY AREAS 41 local authority to make and enforce a closing order (section 35/19). 8. Where a closing order has become operative, the local authority are required to serve notice of it on the occupier of the dwelling house ordering him to quit it within a specified period, not being less than fourteen days. Unless the dwelling house has been made unfit by the wilful act or default of the tenant, the local authority may pay him a reasonable allowance on account of his expense of removing, and the allowance is recoverable from the owner (section 17 (4) (5) /09). If any owner of a house in respect of which a closing order is in force or any other person lets or attempts to let, or occupies or permits to be occupied, that house or any part of it as a dwelling house, he is liable on summary conviction to a fine not exceeding £20 (section 32/19). 9. If a house is rendered fit for habitation after a closing order has been made, the local authority are required to determine the order, and it then ceases to be in force. If they refuse to do so, the owner may appeal to the Minister against their refusal (section 17 (6) /09). A repairing notice under section 28 of the 1919 Act cannot be served on the owner of a house in respect of which a closing order has become operative. 10. Demolitio7i Orders. Where a closing order has Demolition remained operative for a period of three months, the °^ ^'^^' local authority are to take into consideration the question of the demolition of the dwelling house, and are to give every owner of the dwelling house notice of the time (which must not be less than one month after service of the notice) and place at which the question will be considered. Any owner is entitled to be heard when the question is considered. If upon such consideration the local authority are of opinion that the dwelling house has not been rendered 42 LAW AND PRACTICE WITH REGARD TO HOUSING fit, and that the necessary steps are not being taken with all due diligence to render it fit, or that the continu- ance of the dwelling house, or any part of it, is a nuisance or dangerous or injurious to the health of the public, or of the inhabitants of the neighbouring dwelling houses, they are to order the demolition of the building. If any owner undertakes to execute forthwith the works necessary to render the dwelling house fit for human habitation, the local authority may postpone the operation of the order for a period not exceeding six months ; and, if the necessary works are completed, they are to determine the Closing and Demolition Orders relating to the dwelling house (sections 18 (1) (2) (3) /09, 39(1)/19). 11. Notice of an order for the demolition of a building is to be served forthwith on every owner of the building, and any owner aggrieved may appeal to the Minister of Health within twenty-one days after the notice is served on him, or, where the operation of the order has been postponed for any period, within fourteen days after the expiration of that period (sections 18 (4) /09, 39 (1) /19), If a demolition order has become operative and the owner fails within three months to demolish the building, the local authority may do so, and may sell the materials to pay expenses and may recover any deficiency from the owner (sections 34 /90, 9 /03 and 46 /09). Conversion 12. Conversion of houses into tenements. A number of houses now remain unoccupied because, owing to changes in the character of the neighbourhood, they can no longer be let as single tenements. In some cases the houses are held under a lease containing provisions which prevent them from being converted into two or more tenements. In such cases application may now be made, by the local authority or the lessee, to the county court who may authorise the conversion of the houses (section 27 /1 9). Where there are provisions in a lease which would prevent compliance with by-laws which will apply if into tene' ments. UNFIT HOUSES AND UNHEALTHY AREAS 43 the house is converted into two or more tenements, the local authority may apply to the county court for the provisions to be relaxed so as to make it possible to comply with the by-laws. Application may also be made where the local authority consider that the whole or part of the expenses of complying with the by-laws should be borne by the lessor or the superior landlord, for a charging order, charging on the premises an annuity to repay the expenses properly incurred. Where a local authority have themselves acquired a leasehold interest in any house, the Minister of Health may, on the application of the local authority, make a similar order relaxing the provisions of the lease or charging an annuity on the premises (section 26/19). 13. Oivners — Powers and Loans. The enforcement of necessary repairs has frequently been rendered difficult by the fact that the immediate landlord had little interest in the property, and was unwilling or unable to do what was required. This difficulty is met by section 30 of the Act of 1919, under which if the premises are or are likely to become dangerous or injurious to health or unfit for human habitation the court may authorise the superior landlord if his interests are prejudiced to enter and execute any necessary works. 14. A local authority may lend money to the owner of a house or building for works of reconstruction, en- largement or improvement, which will render the house or building in all respects fit for habitation as a house or houses for the working classes. The loan is not to exceed one-half of the estimated value of the property mortgaged unless some collateral security is given. Full particulars of the works are to be submitted to the local authority, and they must satisfy themselves that the works have been efficiently carried out before they make any loan. The local authority may borrow for the purpose of ments as to tenements. 44 LAW AND PRACTICE WITH EEGARD TO HOUSING such loans in the same manner as for the purposes of Part III of the Act of 1890 (section 22 /19). Require- 15. Requirements as to tenement houses. A common evil is the letting of a house in lodgings to more families or lodgers than can be decently accommodated in it. The power under section 90 of the Public Health Act, 1875 to make by-laws as to houses let in lodgings for the working classes has now, by section 26 ' of the Act of 1919, been extended, so that in the case of houses in- tended or used for occupation by the working classes proper acconimodation for each person or family may be more effectually secured. A form of model by-laws to deal with these matters is given on page 637. In the County of London, any such by-laws are to be made by the County Council, and are to be observed and enforced by each Metropolitan Borough Council with the exception that by-laws for securing stability and the prevention of and safety from fire are to be enforced by the County Council. In the City of London by-laws of this kind are to be made and enforced by the Common Council, with the same exception as stated above. As regards the water supply of tenement houses in London special powers are contained in section 78 of the London County Council (General Powers) Act, 1907, which is summarised on page 64. 16. A local authority may, under Part III of the Act of 1890 as extended by section 12/19, buy houses and alter, enlarge, repair and improve them so as to render them in all respects fit for habitation as houses for the working classes. A separate manual has been issued by the Ministry dealing with the purchase of houses under this section for conversion into tenements. 1 Some provisions of this section have been referred to above, luader the heading " Conversion of houses into tenements." tJNFlT HOUSES AND UNHEALTHY AREAS 45 17. Obstructive buildings. Under section 38 of the Obstructive Housing Act of 1890 it is the duty of the medical officer °^^* of health to make the necessary representation to the local authority for the pulling down of a building, if he finds that the building, by reason of its proximity to or contact with any other buildings — (a) stops or impedes ventilation, or otherwise makes or conduces to make the other buildings to be in a condition unfit for human habitation, or danger- ous or injurious to health ; or (6) prevents proper measures from being carried into effect for remedying any nuisance injurious to health or other evils complained of in respect of those other buildings. A similar representation may be made by any Justice of the Peace acting for a district, or any four or more inhabitant householders. 18. The local authority, on receiving such a represen- tation, are to cause a report to be made to them as to the circumstances of the building and the cost of pulling it down and acquiring the land. If they decide to proceed, they may, after hearing any objections which the owner has to make, order the obstructive building to be pulled down. The owner has the same right of appealing against the order as against a demolition order. If no appeal against the order is made, or an appeal is made and either fails or is abandoned, the local authority may purchase the lands on which the obstructive building is erected either by agreement or compulsorily. The owner may, within one month after notice to purchase the land is served on him, declare that he desires to retain the site of the obstructive building, and under- take either to pull down or to permit the local authority to pull down the obstructive building. In such case the owner is to retain the site and to receive compensation for the pulling down of the building. 19. The amount of compensation to be paid for the 46 LAW AND PRACTICE WITH REGARD TO HOtfSlKG purchase of the land or for the pulling down of the building is, in case of difference, to be settled by arbitration. Where part only of a holding is proposed to be taken as obstructive, and the arbitrator considers that it can be severed from the remainder without material detriment thereto, the owner cannot insist on the entire holding being taken, but the arbitrator may award compensation in respect of the severance. Where, in the opinion of the arbitrator, the demolition of an obstructive building adds to the value of the other buildings, the arbitrator is to apportion so much of the compensation to be paid for the demolition of the ob- structive building as may be equal to the increase in value of the other buildings amongst the other buildings. 20. Where the lands are purchased by the local authority, they are to pull down the obstructive building and to keep the whole site, or so much of it as is necessary, as an open space. They may, with the assent of the Minister of Health, sell any portion of this site which is not required as an open space. The local authority may dedicate any land acquired by them under the section as a highway or other public place. (Sections 38/90, 28/09, 46/09 and 39/19.) Improvement Schemes 1. Improvement schemes for the clearance or recon- struction of slum areas may be made under Part I or Part II (section 39) of the Housing of the Working Classes Act, 1890, as amended by subsequent Acts. Schemes under Part II (section 39) of the Act are referred to in the Acts as reconstruction schemes, but as there is generally no practical difference, except in size, between such schemes and improvement schemes under Part I, the two kinds of scheme are both referred to as " Im- UNFIT HOUSES AND UNHEALTHY AREAS 47 provement Schemes " and are distinguished as " Part I " and " Part II " schemes respectively. Both kinds of scheme usually provide for — (a) the purchase, compulsorily or by agreement, of the whole of an area ; (b) the demolition of buildings on the area which are themselves insanitary or which would interfere with the re-development of the area on satis- factory lines ; (c) the proper laying out of the area with convenient streets and any necessary open spaces ; {d) the erection on the area, or elsewhere, of sufficient dwelling accommodation in respect of persons of the working classes displaced by the scheme ; (e) the disposal of any surplus lands. Financial assistance from the State will be available for both classes of schemes. . . . 3. It is the duty of the medical officer of health, in Part I a district other than a rural district, to make a written schemes, representation (known as an " official representation ") to the local authority in regard to any area which appears to him to be an area of the character described in section 4 of the Act of 1890. Such an area is one within which either — (a) any houses, courts or alleys are unfit for human habitation, or (6) the narrowness, closeness, and bad arrangement or bad condition of the streets and houses, or groups of houses, or the want of light, air, ventila- tion or proper conveniences, or any other sanitary defects, or one or more of such causes, are danger- ous or injurious to the health of the inhabitants of the buildings in the area or of the neighbouring buildings. A further condition required to justify an " official representation," is that the most satisfactory method of dealing with the evils is an improvement scheme for 48 LAW AND PRACTICE WITH REGARD TO HOUSING the re-arrangement and reconstruction of the streets and houses in the area, or some of them (section 22/09). In London, any medical officer of health, whether appointed by the London County Council or by a Metro- politan Borough Council, may make such a representa- tion to the London County Council. If a representation is made to the London County Council in regard to an area comprising not more than ten houses they are to direct the medical officer of health to represent the case to the Metropolitan Borough Council, who are to deal with it under Part II. (Sections 5/90 and 72/90.) 4. If any Justice of the Peace acting within the district or any six ratepayers complain to the medical officer of health of the unhealthiness of any area, it is the duty of the latter forthwith to inspect the area and make a report on it. Where in any district (other than a rural district) a complaint of this kind has been made to the medical officer of health and the medical officer has failed to inspect the area, or has reported to the effect that in his opinion the area is not an unhealthy area, the complainant (or complainants) may appeal to the Minister of Health. The Minister may appoint a person to inspect the area, and to make a representation to him stating the facts of the case. The representation is to be transmitted by the Minister to the local authority, and if it states that the area is an unhealthy area, the local authority are to pro- ceed as if it were an official representation made to them. (Sections 5 (2)/90, 16/90, 26/09 and 39/19.) 5. Where an " official representation," as described above, has been made to a local authority (not being a Metropolitan Borough Council or a Rural District Council), the local authority, if satisfied of the truth of the repre- sentation, and of the sufficiency of their resources,' are to pass a resolution to the effect that the area is an 1 The financial assistance from the State which is now available must be borne in mind in this connection. 1 TTNFIT HOUSES AlfD tJNHEALTHY AREAS 49 unhealthy one and that an improvement scheme ought to be made in respect to it (section 4/90). 6. Where an official representation under Part I is made to the local authority with a view to their passing a resolution in favour of an improvement scheme, and they fail to pass a resolution, or pass a resolution that they will not proceed with a scheme, the local authority are required to send a copy of the official representation and their reasons for not acting upon it to the Minister of Health. The Minister may direct a local inquiry to be held, and, where necessary, may order a scheme to be made, either under Part I or under Part II of the Act of 1890. (Sections 10/90 and 4/03.) 7. A Part I scheme must be accompanied by maps, particulars and estimates, and : — (a) may exclude any part of the area included in the official representation ; (&) may include any neighbouring lands for the pur- pose of making the scheme efficient ; (c) may provide for widening any existing approaches to the unhealthy area or otherwise for opening out the same for the purposes of ventilation or health ; (d) must provide such dwelling accommodation, if any, as is necessary for persons of the working classes who are displaced ; (e) must provide for proper sanitary arrangements ; (/) may provide for any other matter (including the closing and diversion of highways) for which it seems expedient to make provision with a view to the improvement of the area or the general efficiency of the scheme. The scheme must distinguish the lands proposed to be taken compulsorily. Provision may also be made for the scheme, or any part of it, to be carried out by any person having such 4 So LAW AND PRACTICE WITH REGARD TO HOUSING interest in any property comprised in the scheme as may be sufl&cient to enable him to carry out the same under the supervision and control of the local authority and on such terms and conditions (which must be em- bodied in the scheme) as may be agreed upon between him and the local authority. (Sections 6/90, 23 (l)/09 and 39/19.) Part II 8. It is the duty of the local authority to make a schemes. Part II scheme in either of the two following sets of circumstances : — (a) Where an order for the demolition of a building has been made under Part II of the Act of 1890, and it appears to the authority that it would be beneficial to the health of the inhabitants of the neighbouring houses if the land were : — (1) dedicated as a highway or open space ; or (2) appropriated, sold or let for the erection of dwellings for the working classes ; or (3) exchanged with other neighbouring land which is more suitable for the erection of such dwellings ; or (b) Where it appears to the local authority that the closeness, narrowness, and bad arrangement or bad condition of any buildings, or the want of light, air, ventilation, or proper conveniences, or any other sanitary defect in any buildings is dangerous or prejudicial to the health of the inhabitants of the said buildings, or of the neighbouring buildings, and that the demolition or the reconstruction and re-arrangement of the said buildings, or of some of them is necessary to remedy the evils, and that the area comprising those buildings and the yards, out-houses, and appurtenances thereof, and the site thereof, is too small to be dealt with as an unhealthy area under Part I of the Act. (Section 39 (l)/90.) UNFIT HOUSES AND UNHEALTHY AREAS 51 9. There is no provision in the Acts prescribing the minimum size of an area for a Part I scheme or the maximum size of an area for a Part II scheme. In London, as mentioned above, any unhealthy area comprising not more than ten houses is to be dealt with under Part II (section 72/90). Part II schemes may, however, be made for considerably larger areas. 10. Provision may be made in a Part II scheme for any matters for which provision may be made in a Part I scheme (section 7/03 and 23 (2)/09). 11. Both Part I and Part II schemes may provide Part I and for the erection, either within the area of the scheme or ggh^mes. elsewhere, of dwellings for persons of the working classes who are displaced. The Minister of Health in confirming or sanctioning a scheme may require provision of this kind to be made. (Sections 11 (2)/90, 40/90 and 46/09.) In these respects the position in London is now the same as elsewhere (section 33/19). 12. Duty of Local Authority to execute Improvement Schemes. When an improvement scheme under Part I or Part II has been confirmed or sanctioned, it is the duty of the local authority to proceed to execute it as soon as practicable. It is not obligatory upon them to purchase any lease- hold interest which can be allowed to expire without unduly delaying the execution of the scheme. It is also open to them, instead of acquiring all the lands in the scheme, to contract with any person having sufficient interest in any land to carry out the scheme so far as it relates to such land. (Sections 12/90, 39(8)/90 and 39/19.) 13. On application from the local authority, the Minister of Health has power, where an improvement can be made in the details of a Part I or Part II scheme, to permit the local authority to modify it (sections 15/90, 39/90 and 25/09). 14. As soon as a local authority have passed a resolution 52 LAW AND PRACTICE WITH REGARD TO HOUSING to make a Part I or Part II scheme, they may proceed, if they obtain the consent of the Minister of Health, to purchase by agreement any land in the area of the pro- posed scheme (section 13/19). Powers of compulsory purchase are available as soon as the Part I or Part II scheme is confirmed or sanctioned, subject to the provisions of the Confirming or Sanctioning Order (sections 20 and 39/90). Valuation ^^- Valuation of Land. The Acquisition of Land of land. (Assessment of Compensation) Act, 1919, has altered the law with regard to the method of determining any question of disputed compensation where land is authorised to be acquired compulsorily by any local or public authority. The Act sets up a panel of official arbitrators, by one of whom the question is ordinarily determined. It also makes provision for reference, by consent, of any such question to the Commissioners of Inland Revenue, or to an arbitrator agreed upon between the parties. The Acquisition of Land Act also contains important rules for determining the compensation to be paid for land which is compulsorily acquired, such as, that the value of the land, subject to certain conditions, is to be the amount which the land, if sold in the open market by a willing seller, might be expected to realise ; that consideration is to be paid in determining the value to any return or assessment of capital value for taxation which has been made or acquiesced in by the claimant ; that no allowance is to be made because of the fact that the acquisition is compulsory ; that the special suitability of the land for any purpose is not to be taken into account if that purpose is a purpose to which it could be applied only in pursuance of statutory powers ; and that no account is to be taken of any increase in the value of the land due to its use, or the use of premises upon it, in a manner which can be restrained by any court, or is contrary to law, or is detrimental to the health of the inmates of the premises or to the public health. UNFIT HOUSES AND UNHEALTHY AREAS 53 Section 7 of the Act provides that nothing in the Act relating to the rules for assessing compensation is to affect any special provisions (in so far as the provisions are inconsistent with these rules) as to the assessment of the value of land acquired for the purposes of Part I or Part II of the Housing Act of 1890 and contained in that Act or any amending Act. (Sections 1, 2, 7 and 8 of the Acquisition of Land (Assessment of Compensation) Act, 1919.) 1 6. There are a number of special conditions in section 9 of the Housing Act of 1919 relating to the compensation to be paid for land in an unhealthy area which is acquired compulsorily. In the first place payment is to be made only for the land as a cleared site ; nothing is to be paid in respect of the buildings on it. Subject to what is said in the next paragraph, the value of the land is to be its value as a cleared site available for development in accordance with any by-laws or local Acts in force in the district as to new streets or buildings. In the second place if the land (or a part of it) is required under the improvement scheme to be used for rehousing of the working classes or as an open space the amount of compensation payable by the local authority in respect of the unhealthy area is to be reduced. The Act con- tains provisions under which the reduction' of value is to be spread over all the owners of land in the unhealthy area. The rules laid down by the Act in this matter are to be found on page 455. The following example will give an indication of the operation of these rules. If the value of the whole of the land included in the scheme (whether land added to make the scheme efficient or land included in the unhealthy area) is by reason of the intended use of any part of it for housing or as an open space reduced from £5,000 to £3,000, then each owner of land in the unhealthy 54 LAW AND PRACTICE WITH REGARD TO HOUSING area will receive only three-fifths of the compensation to which he would have been entitled if the value of the area as a whole were not reduced on account of the restriction on its use. As already explained, full compensation is to be paid for any land, and buildings on it, which is included in an improvement scheme only in order to make the scheme efficient, and not as part of the unhealthy area. Default 17. Default Powers. If it appears to the Minister of powers. Health that owing to the density of population, or any other reason, it is expedient to inquire into the circum- stances of any area, in order to determine whether any powers of the Housing Acts should be put into force in that area, he may require the local authority to make a report to him containing such particulars as he directs (section 37/09). Where a representation is made to the Minister as respects any county district that the local authority have failed to exercise their powers under Part I or Part II of the Act of 1890, he may direct the county council to instruct the county medical officer of health to inspect the district and to report to the Minister as to the exercise of their powers by the local authority (section 6/19). 18. Particulars have already been given (page 49) of the power of the Minister of Health, where an official representation has been made by a medical officer of health and the local authority do not proceed to make a scheme, to direct an inquiry and, if he thinks this neces- sary, to order a scheme to be made. Where the Minister is satisfied that any area within the district of a local authority is an area in respect of which the local authority ought to exercise their powers under Part I or Part II of the Act of 1890, the Minister may require the local authority to make an improvement scheme and to carry it into execution. In case of default, he may either authorise the county council to make and carry out a scheme, or may himself do so (section 5/19). UNFIT HOUSES AND UNHEALTHY AREAS 55 Further on this subject, see Chapter IV, on the powers and duties of county councils. Procedure 1. In making a Part I or Part II scheme, it is im- portant that the statutory requirements should be care- fully observed in order that no question may arise as to the validity of the proceedings. The stages in the procedure are summarised below. In connection with this summary, reference should be made to the forms and instructions given on page 580. 2. The representation must be made in writing to the Part I local authority by the medical officer of health of the ^° ®™®^ local authority (in London by that officer or by any medical officer of health in London). The representation should follow the exact words of section 4 of the Act of 1890, as amended by section 22 of the Act of 1909, so far as the words apply to the particular case, and the medical officer of health should furnish the local authority with sufficient facts to enable the members properly to consider the representation. A form of official representation is given on page 580. 3. The local authority then take the representation into consideration and, if satisfied of the truth of it and of the sufficiency of their resources,^ pass a resolution declaring that the area referred to is an unhealthy area and that an improvement scheme ought to be made in respect of it, and giving the necessary directions for the preparation of the scheme. Any number of areas may be included in one improve- ment scheme. 4. After passing the resolution the local authority must in due course proceed to make the scheme. The nature of the provisions which may be inserted in the scheme is indicated on page 584. ^ As previously mentioned, the financial assistance which may be received in respect of improvement schemes should be borne in mind. 56 LAW AND PRACTICE WITH REGARD TO HOUSING The scheme must be accompanied by maps, particulars and estimates. 5. When the scheme has been duly made under seal, the local authority must forthwith publish an advertise- ment of it in a newspaper circulating in their district and deposit a copy of the scheme for inspection in or within the vicinity of the area. One advertisement is sufficient. A form of advertisement is given on page 586. They must also serve a notice on owners or reputed owners, lessees or reputed lessees, and occupiers (except tenants for a month or less period than a month) of any land proposed to be taken compulsorily. The Act contains provision as to the manner in which a notice may be served (sections 7/90, 5/03 and 39/19). Forms of notice are given on pages 587 and 588. 6. When the advertisement has been published and the notices have been served the local authority must present a petition under their seal to the Minister of Health praying that an order may be made confirming the scheme. The petition must state the names of the owners or reputed owners, and lessees or reputed lessees who dissent in respect of the taking of their land (section 8/90). A form of petition is given on page 590. Part II 7. No " official representation " is expressly required schemes. ^^ ^^le case of a Part II scheme. But it is desirable that the local authority should have some such representation or report from the medical officer of health before them. 8. The local authority pass a resolution in the terms indicated in section 39 (1) (a) or (6) of the Act of 1890 (see page 184), directing a scheme to be prepared for the improvement of the specified area. A form of resolution is given on page 592. 9. The same course in the making of a scheme should be followed as in the case of a Part I scheme. 10. When the scheme is made notices must be served on every owner, &c., in the same way as in the case of a Part I scheme. No advertisement is necessary (section UNFIT HOUSES AND UNHEALTHY AREAS 57 39 (2)/90). Forms of notice are given on pages 593 and 595. 11. After the service of the notices, the local authority must apply to the Minister of Health, by a petition under their seal, for an order sanctioning the scheme (section 39 (3)/90). A suggested form of petition is given on page 596. 12. Proceedings after a Scheme has been made. Before Subsequent deciding to confirm or sanction a Part I or Part II scheme, P''°^^®'^"igs. the IVIinister of Health will hold a local inquiry. At this stage the following matters will be considered : — the area of the scheme ; the delimitation of the unhealthy area ; the amount of re-housing to be provided ; the manner in which re-housing operations and demolitions are to be co-ordinated ; how far re-housing is to be effected within the area of the scheme (and on what part of the area) ; the accommodation to be provided ; what roads and open spaces are to be provided, and where, in the area of the scheme ; and the appropriation or disposal of lands not required for re-housing. 13. Purchase of Land. When a scheme is confirmed Purchase or sanctioned the local authority should proceed as soon as possible to purchase, by agreement or compulsorily, any land which they will require to purchase under the scheme. The powers of compulsory purchase will lapse on the expiration of three years after the confirmation or sanction of the scheme (section 20 and 39 (7)/90). It will, however, be necessary for the local authority to obtain the consent of the Minister of Health before incurring any expenditure, whether in connection with the acquisition of land, the clearance of the area or any other matter, if the expenditure is to be brought into account in an application for financial assistance from the State. Before purchasing any land or any interest in land by agreement, whether under section 13 of the Act of 1919 before the scheme is confirmed or after confirmation 58 LAW AND PRACTICE WITH REGARD TO HOUSING of the scheme, the local authority should obtain a valuation from the District Valuer and should consult the Ministry. The Ministry have arranged with the Board of Inland Revenue that the District Valuers shall be at the service of local authorities for negotiating the purchase of land or of any interest therein ; and local authorities will find it to their advantage to avail themselves of this arrangement. The new provisions as to assessment of compensation on the compulsory purchase of land in an unhealthy area should be borne in mind. 14. When the local authority have ascertained what lands they wiU have to acquire compulsorily, they should follow the procedure laid down for the purpose by the Ministry. Before making any application to the Reference Com- mittee under the Acquisition of Land (Assessment of Compensation) Act, 1919, for the appointment of an official arbitrator, the local authority must, in the case of a Part I scheme, cause to be made out maps and schedules of all lands proposed to be taken compulsorily, with the names of all persons interested in such lands as owners or reputed owners, lessees or reputed lessees, or occupiers (except tenants for a month or a less period than a month). The maps should be on the scale of "5^0, or on a scale approximating to this, and should show, by figures referring to the schedules, the lands of all the several owners and, by distinctive colours, each of the separate properties proposed to be taken compulsorily for the purposes of the improvement scheme. One copy of the maps and schedules should be sent to the Ministry of Health, and one copy deposited in the ofiice of the local authority. (Second schedule /90 and section 39/19.) Re-housing. 15. Re-housing. The displacement of tenants from occupied buildings in the area of the scheme must, of UNFIT HOUSES AND UNHEALTHY AREAS 59 course, be deferred until any necessary accommodation is available. The scheme as confirmed often provides for the re-housing and clearance to be carried out in sections. Where re-housing accommodation is to be provided on a site outside the area of the improvement scheme, the procedure in regard to the selection of sites, sub- mission of plans, &c., for Part III schemes set out in the Manual on State-aided Housing Schemes should be followed. 16. Loans. Application to the Minister of Health for Loans, sanction to loans may be made from time to time when the local authority are in a position to supply a state- ment showing how the sums required to be borrowed are made up. A Metropolitan Borough Council carrying out a Part II scheme should apply to the London County Council for sanction to any loan required by them. Some proposals have recently been brought before Purchase of the Ministry where the local authority have contem- ^^^* houses, plated the purchase under their Part III powers of houses in areas which should apparently be dealt with as " unhealthy " under Part I or Part II of the Act of 1890. If an area is " unhealthy," within the meaning of the Housing Acts, it is the duty of the local authority to deal with it as such ; and the Ministry would not be justified in approving the purchase, under Part III of houses in such an area. To do so would be to throw away the advantages of the special powers granted by Parliament for the acquisition of slum areas, and to cast an unnecessarily heavy charge on the Exchequer. District Valuers. Arrangements have been made with the Inland Revenue, by which the services of their district valuers will be available to local authorities in cases such as these mentioned, in the same manner as in the purchase of sites for the houses. Before approving of any purchase, the Ministry will require to know the 60 LAW AND PRACTICE WITH REGARD TO HOUSING valuation of the district valuer. Where negotiations are necessary, local authorities are advised to have them carried out by the district valuers. SUMMARY OF THE PROVISIONS IN THE PUBLIC HEALTH ACTS, &c., AFFECTING UNHEALTHY HOUSES AND AREAS 1 — House without a Drain sufficient for effectual drainage {Section 23, Public Health Act, 1875.) Where any house is without a drain sufficient for effectual drainage, the local authority are, by written notice, to require the owner or occupier, within a reason- able time to be specified in the notice, to make a drain or drains emptying into a sewer if there is one available not more than one hundred feet from the site of such house, or otherwise into a suitable cesspool or other place. If the notice is not duly complied with, the local authority may do the work required and may recover the expenses incurred by them in so doing from the owner. 2 — Closet Accommodation and Receptacle for Refuse ■ {Section 36, Public Health Act, 1875.) If a house appears to a local authority by the report of their surveyor or inspector of nuisances to be without a sufficient water-closet, earth-closet, or privy and an ashpit furnished with proper doors and coverings, the local authority are, by written notice, to require the owner or occupier of the house to provide a sufficient water-closet, earth-closet, or privy and an ashpit, or either of them, as the case may require. If the notice is not duly complied with the local authority may do the work and recover the expenses incurred by them in so doing from the owner. Definition of Ashpit {Section 11 (1), Public Health Acts Amendment Act, 1890.) The expression " ashpit " in the Public Health Acts is, for the purposes of the execution of those Acts, to UNFIT HOUSES AND UNHEALTHY AREAS 61 include any ashtub or other receptacle for the deposit of ashes, fsecal matters, or refuse. 3 — Nuisance from Drain, Closet, Ashpit or Cesspool {Section 41, PuUic Health Act, 1875.) On the written application of any person to a local authority stating that any drain, water-closet, earth- closet, privy, ashpit or cesspool on or belonging to any premises within their district is a nuisance or injurious to health, the local authority may, by writing, empower their surveyor or inspector of nuisances, after twenty four hours' written notice to the occupier of the premises, or in case of emergency without notice, to enter the premises, with or without assistants, and cause the ground to be opened, and examine the drain, water-closet, earth-closet, privy, ashpit or cesspool. If the drain, water-closet, earth-closet, privy, ashpit or cesspool on examination appears to be in bad con- dition, or to require alteration or amendment, the local authority are forthwith to cause notice in writing to be given to the owner or occupier of the premises requiring him to do the necessary works. If the notice is not complied with, the person to whom it is given is liable to a penalty for default, and the local authority may execute the works and recover the expenses incurred by them in so doing from the owner. Similar provisions with regard to London are contained in sections 40 and 41 Public Health (London) Act, 1891. 4 — Water Supply {Section 62, Public Health Act, 1875.) Where, on the report of the surveyor of a local authority, it appears to them that any house is without a proper supply of water, and that such a supply of water can be furnished at a cost not exceeding the water rate authorised by any local Act in force within the district, or, where there is not any local Act in force, at a cost not exceeding 2d. a week, or at such other cost as the Minister of Health may, on the application of the local authority, determine to be reasonable, the local authority are to give notice in writing to the owner requiring him to obtain such supply, and to do any necessary works for that purpose. 62 LAW AND PRACTICE WITH REGARD TO HOTTSING If the notice is not duly complied with the local authority may do the works and obtain the supply, and for that purpose may enter into any contract with any water company supplying water within their district ; and water rates may be made and levied on the premises by the authority or company which furnishes the supply and may be recovered as if the owner or occupier of the premises had demanded a supply of water and were willing to pay water rates for the same. Any expenses incurred by the local authority in doing any such works may be recovered by them from the owner. 5 — Paving and Drainage of Yards {Section 25, Public Health Acts Amendment Act, 1907.) If any yard in connection with, and exclusively be- longing to, a dwelling house shall not be so formed, flagged, asphalted, or paved, or shall not be provided with such works on, above, or below the surface of the yard, as to allow of the effectual drainage of the subsoil or surface of the yard by safe and suitable means to a proper outfall, the local authority may, by notice in writing, require the owner of the dwelling house, within twenty-one days after the service of the notice, to execute all such works as are necessary for the effectual drainage of the subsoil or surface of the yard to a proper outfall. If, within the period of twenty-one days, the owner has failed to complete the execution of the works specified in the notice, the local authority may execute the works, and may recover the expenses from the owner. 6 — Application of Smoke Test or other tests TO Drains {Section 45, Public Health Acts Amendment Act, 1907.) If the medical officer, surveyor or inspector of nuisances reports to the local authority that he has reasonable grounds for believing that any drains of any building are so defective as to be injurious or dangerous to health, the local authority may authorise their medical officer, surveyor or inspector of nuisances to apply the smoke or coloured water test, or other similar test (not including a test by water under pressure) to the drains, subject tfNFIT HOUSES AND UNHEALTHY AREAS 63 to the condition that either the consent of the owner or the occupier of the building must be given to the apph- cation of the test, or an order of a court of summary jurisdiction in the place where the building is situated must be obtained, authorising the application of the test. If the drains are found to be defective, the local authority may, by notice, require the owner to remedy the defect, and if the owner does not comply with the notice, the local authority may themselves do the work, and recover the expense from the owner. 7 — Sinks and Drains for Refuse Water {Section 49, Public Health Acts Amendment Act, 1907.) In addition to all other powers vested in a local authority, the local authority, if it appears to them, on the report of the surveyor, medical officer, or inspector of nuisances, that any building is not provided with a proper sink or drain or other necessary appliance for carrying off refuse water, may give notice in writing to the owner or occupier of the building requiring him to provide such sink, drain, or other appliances. If the owner or occupier fails to comply with the notice, he is liable to penalties, and the local authority may themselves provide the sink, drain, or other appliances, and recover the expenses incurred by them from the owner or occupier. 8 — Appeal to Minister of Health {Section 268, Public Health Act, 1875.) Where any person deems himself aggrieved by the decision of the local authority in any case in which the local authority are empowered to recover in a summary manner any expenses incurred by them, or to declare such expenses to be private improvement ex- penses, he may, within twenty-one days after notice of the decision, address a memorial to the Minister of Health, stating the grounds of his complaint. He must deliver a copy of any such memorial to the local authority. The Minister of Health may, on any such complaint, make such order as seems to him equitable. 64 law and practice with regard to housing 9 — ^Water Supply to Tenement Houses in London As to the water supply of tenement houses in London, section 78 of the London County Council (General Powers) Act, 1907, provides that, for the purposes of section 48 (which contains provisions as to houses without a proper water supply) of the Public Health (London) Act, 1891, a tenement house is to be deemed a house without a proper and sufficient supply of water unless there is provided on the storey or one of the storeys in which the rooms or lodgings in the separate occupation of each family occupying the house are situate a sufficient provision for the supply of water for domestic purposes. In the case of a building existing and in use as a tene- ment house on the 28th August 1907, the section does not apply where the only storey or storeys on which a proper and sufficient supply of water is not provided is or are a storey or storeys (i) constructed at a height exceeding that to which the Metropolitan Water Board may for the time being be required to furnish a supply of water for domestic purposes, and (ii) to which a supply of water for such purposes was not, on the 28th August 1907, being furnished by the Water Board by agree- ment. The section does not apply to any tenement house in respect of which it can be shown that the provision of a supply of water as above is not reasonably necessary. 10 — Water Supply in Rural District {Section 6, Public Health {Water) Act, 1878.) In a rural district it is not lawful for the owner of any dwelling house erected after the 25th March 1879, or of any dwelling house which after that date may be pulled down to or below the ground floor and rebuilt, to occupy the same, or cause or permit the same to be occupied, unless he has obtained from the local authority a certificate that there is provided, within a reasonable distance of the house, such an available supply of whole- some water as may appear to the authority, on the report of their inspector of nuisances or of their medical officer of health, to be sufficient for the consumption and use for domestic purposes of the inmates of the house. UNFIT HOUSES AND UNHEALTHY' AREAS 65 The owner may appeal to a court of summary juris- diction against the refusal of a certificate by the local authority, and the court may make an order authorising the occupation of the house. Any owner who contravenes the section is liable to a penalty not exceeding ten pounds. 11 — Cellar Dwellings and Underground Rooms {Sections 71-75, Public Health Act, 1875.) The provisions in force outside London are to the following effect : — It is not lawful to let or occupy or suffer to be occupied separately as a dwelling, any cellar, vault or under- ground room built or rebuilt since the 31st August 1848, or which was not so let or occupied before that date. It is not lawful to let or occupy or suffer to be occupied separately as a dwelling any cellar whatsoever [a] unless it is at least seven feet in height, and is to the extent of at least three feet of its height above the surface of the street or ground adjoining or nearest to it, and fronts on an area which complies with certain specified con- ditions ; and (6) unless it is effectually drained and is provided with sufficient closet accommodation, and an ashpit, and with a fireplace and an external window made to open. Any cellar in which any person passes the night is to be deemed to be occupied as a dwelling. {Sections 96-98, Public Health {London) Act, 1891.) In London an underground room (that is, a room of which the floor is more than three feet below the level of the adjoining street or ground) may not be let or occupied separately as a dwelling unless it is at least seven feet in height, and unless at least three feet of its height are above ground level (but where the width of the area on which the room fronts is equal to the height of the room from the floor to ground level a height of one foot above ground suifices). The walls of the underground room must have a damp-proof course, and the floor, if hollow, must be ventilated. 66 LAW AND PRACTICE WITH REGARD TO HOUSING The room must front on a paved and drained area at least four feet wide, must be provided with proper closet accommodation, a receptacle for refuse, a fire-place and one or more windows opening externally, and must be properly drained and ventilated. In the case of an underground room which was occupied separately as a dwelling before 5th August 1891, the sanitary authority have a limited power of dispensing with these requirements, and the owner may appeal to the Minister of Health against a refusal on their part to exercise it. Where two convictions against the provisions of any Act relating to the occupation of a cellar as a separate dwelling place have taken place within three months, a court of summary jurisdiction may direct the closing of the premises. {See also sections 17 (7) of the Housing, Town Planning, tfcc. Act, 1909, and 39 of the Housing, Town Planning, dhc, Act, 1919.) 12 — Definitions of " Owner " 1. For the purposes of Part II of the Housing of the Working Classes Act, 1890, generally, " owner " is defined by section 49 (2) of the Housing, Town Planning, &c., Act, 1909 (see page 333). 2. For the purposes of sections 26 and 28 of the Housing, Town Planning, &c.. Act, 1919, the definition of " owner," contained in section 4 of the Public Health Act, 1875, is applicable (see page 423). CHAPTER IV THE POWERS AND DUTIES OF COUNTY COUNCILS The direct housing powers and duties of county councils (excepting the London County Council) arise under section 8 of the Housing, Town Planning, &c., Act, 1919 (housing of their employees), and section 12 of the Land Settlement (Facilities) Act, 1919, and the Acts amended hj that Act (housing for small holders and for ex-soldiers settling on the land). This latter legislation is beyond the scope of this volume, though extracts from the Land Settlement (Facilities) Act, 1919, are printed on page 85, The indirect housing powers are mainly those arising under sections 3-6 of the Housing, Town Planning, &c., Act, 1919. They are indirect in that they have to be, almost wholly, transferred specially by order of the Minister of Health, and chiefly where the local authority is in default. There are, however, several other powers arising under the Housing Acts which, if they have not a great deal to do with the provision of houses, are, nevertheless, of importance. The whole of the references in the Acts will be taken in order. By section 45 of the 1890 Act, the London County C^opies of tj. 11 repreaenta- Council as regards a Metropolitan area, and other county tions, &c. councils as regards rural districts, are entitled to copies of representations and complaints about unhealthy dwelling houses, to copies of closing orders and to particulars respecting any proceedings thereunder taken by the district authority. And where the county council are 67 68 LAW AND PRACTICE WITH REGARD TO HOUSING Report to local authority by county medical officer. Local authority's default — 1909 Act. of opinion that closing, demolition or " obstructive building " orders ought to be enforced or made they may, after giving not less than one month's notice to the district authority, resolve that such authority are in default and thereupon exercise that authority's statutory (Part II) powers — except in respect of an improvement scheme, as to which see section 5 of the 1919 Act — and may recover their expenses. Section 69 of the 1909 Act requires the clerk of the rural district council to forward copies of the above representations to the county medical officer of health ; requires the district medical officer of health to give to the county medical officer information reasonably required ; and provides that the Minister of Health shall settle any disputes arising under that section. By section 52 of the 1890 Act, a representation from a county medical officer of health submitted to the county council and by that council forwarded to the district council shall, for the purposes of Part II, have the like effect as a representation from the district medical officer of health. Such representations precede closing and demolition orders and improvement schemes, and are aimed at unhealthy and obstructive houses and buildings (see sections 30 and 38 of the 1890 Act and section 17 of the 1909 Act). This provision does not apply to boroughs. By section 10 of the 1909 Act, if the Minister of Health, following complaint, is satisfied that a rural district council, or the council of a non-county borough, or other urban district, have failed to exercise their powers under Part II (unhealthy dwelling houses) or Part III (pro- vision of houses) he may make an order against that authority. And where such an order is made and is not complied with, the Minister may, with the consent of the county council, direct the county council to carry out the necessary works : see also section 5 of the 1919 Act. POWERS AND DUTIES OF COUNTY COUNCILS 69 By section 12 of the 1909 Act, where complaint is Powers made to the .county council in the manner specified, ^^^^^ ^^^^ ' the county council may cause a public local inquiry to be held, and if satisfied that the rural district council has failed to exercise their Part III (housing) powers may take over those powers or any of them. By section 13 of that Act a county council may, in the circumstances specified, have the Part III (housing) powers of a rural district council transferred to them by the Minister of Health, though the rural district council is not in default : see also section 3 of the 1919 Act. Section 56 is altered as explained in a note on section 42 of the 1919 Act, see below. Section 68 of the 1909 Act provides that every county County council shall appoint a (full-time) medical officer of health, o^^ers of and gives powers for the Local Government Board (now health, the jVIinister of Health) to prescribe his duties. Such duties are prescribed in the County Medical Officers of Health (Duties) Order, 1910, which is printed on page 74. Section 69 of the 1909 Act (which deals with the clerk of the rural district council forwarding copies of repre- sentations, &c., to the county medical officer) is referred to on page 68. Section 70 thereof excepts Scotland and (excluding one small point) the Administrative County of London from the provisions relating to county medical officers of health. Section 71 requires every county council (except the London County Council) to establish a public health and housing committee, to which health and housing matters shall stand referred, and to which the council may delegate its public health and housing powers (except the power of raising a rate or borrowing money, and any power of resolving that the powers of a district council in default should be transferred to the council). Section 3 of the 1919 Act gives the Minister of Health of'counly'' power to authorise county councils to act in the place of cotmciis 11.,... -. T, T-TT 1 under the local authorities in respect of Part III schemes (provision 19 19 Act. 70 LAW AND PRACTICE WITH REGARD TO HOUSING Default provisions. The Exchequer grant. Borrowing : housing of employees. of houses for the working classes), not only where local authorities are in default but where for any reason it is desirable. But both the local authority and the county council concerned are first to have an opportunity of being heard. Provision is also made in the section for expenses and disputes. Section 4 provides that if the local authority and the county council are in default the Minister of Health may act in their place, and again provision is made for expenses. Section 5 provides that the Minister may by order require a local authority to make and carry out an improvement scheme under Part I (unhealthy areas) or Part II (unhealthy dwelling houses) ; and if the local authority fail within the time fixed the Minister may empower the county council to act, or may himself act, at the expense of the local authority. Section 6 provides that where a representation is made to the Minister as respects any county district that the local authority have failed to exercise their Part I or Part II powers, he may direct the county council to instruct their medical officer of health to inspect the district and to make a report to him as to the exercise of the power by the local authority — whereupon the Minister may take the necessary steps under section 5. Section 7 provides for State subsidies to county councils (1) to whom the powers of local authorities have been transferred as above mentioned, and (2) who carry out approved schemes for housing persons in their employment, viz. the provision of 7iew houses. The details of the latter subsidy are given in the County Councils (Assisted Schemes for the Housing of Em- ployees) Regulations, 1920, which are printed on page 76. Section 8 deals with the borrowing powers of county councils in connection with the housing of their employees, and extends the maximum period for the repayment POWERS AND DUTIES OF COUNTY COUNCILS 71 of loans to eighty years. It provides that loans to county councils by the Public Works Loan Commissioners shall be on the same terms and conditions as those to local authorities. It also provides that county councils shall have power and shall be deemed always to have had the power to provide houses for persons in their employment, and for that purpose may be authorised to acquire land in like manner as a local authority for Part III (housing) purposes: see section 12 and notes thereto, page 394. Where a county council build houses for their em- ployees on land belonging to them, the fair value of the land may be brought into account for the purpose of estimating the amount of the Exchequer grant. A county council can, but a local authority cannot, provide "tied" houses for their employees, and a local authority could not sell houses to a county council with a view to their becoming tied houses (section 15). Section 14 gives power to county councils to acquire water rights for houses provided under the Housing Acts, subject to conditions. Section 18 authorises county councils to promote Public and assist public utility societies (as to which societies, socie^es— see Chapter VT), and where the local authority are un- assistance. willing to acquire the land required by such societies for houses for the working classes, the county council may do so on the application of such societies, and for this pur- pose may exercise the powers of local authorities. County councils may hold shares in public utility societies, and are not restricted to an interest of £200. The county council's expenses herein are to be defrayed as expenses for general county purposes, and the council may borrow — the maximum period for repayment being fifty years. Building schemes made by a county council obtain Sundry advantages in regard to the relaxation of building by- ^°"^ ^' laws : see section 24 (3) and (4). Section 29, which provides for information being 72 LAW AND PRACTICE WITH REGARD TO HOUSING given to tenants, is of importance to county councils who provide houses. Section 34, which provides for arrangements between the Ministry of Health and other government depart- ments for the exercise of powers under the Housing Acts, is also to be noted. Section 36 provides for compensation in cases of sub- sidence notwithstanding the Brine Pumping (Compen- sation for Subsidence) Act, 1891. Section 41 deals with the special case of the London County Council, which throughout the Acts is dealt with, in certain respects, as a local authority. Town Section 43 makes an addition to section 56 of the 1909 P anning. ^^^^ ^^ requiring that the council of the county in which any land proposed to be included in a town-planning scheme is situated shall be furnished with notice of any proposal to prepare or adopt such a scheme, and with a copy of the draft scheme before the scheme is made. The county council will be entitled to be heard at any public local inquiry held by the Ministry in regard to the scheme. Section 47 provides that if a local authority fails to provide a town-planning scheme as therein mentioned, the Minister of Health may empower the county council to act in the place and at the expense of a borough or other urban district the population of which is less than 20,000, or of a rural district. The Housing Section 4 of the Housing (Additional Powers) Act, 1919, (Additional jncreascs the amount of the State subsidy to county Powers) Act, "^ '' 1919. councils in respect of schemes for the housing of persons in their employment. The regulations giving effect to this appear on page 76. Briefly stated there is an extra 20 per cent, of the loan charges for the period up to 31st March 1927. Local bonds. Section 7 authorises county councils, with the consent of the Minister of Health, to borrow any sums which they have power to borrow for the purposes of the Housing POWERS AND DUTIES OF COUNTY COUNCILS 73 Acts, 1890 to 1919 (see page 477) by the issue of " local bonds." A county council may also lend to any local authority within their area any money which that local authority have power to borrow for the said pur- poses, and may with the sanction of the Minister, and irrespective of any limit of borrowing, raise the money required either by the issue of local bonds or by a loan under any of their powers. On the subject of these bonds, &c., see page 477. Section 9 makes into trustee securities local bonds and future mortgages of any fund or rate. Section 10 authorises the Minister of Health to acquire land for the purpose of garden cities or town-planning schemes " if satisfied that any local authority (including a county council) . . . are prepared to purchase and develop that land for that purpose." It will be understood that the foregoing statements of the statutory provisions are offered merely as a guide to the Acts : the sections named should be read for fuller details. County councils may provide houses for their employees, but are not required so to do. But county councils are the authorities for the provision of housing accommodation for small-holders, and for the settlement of ex-soldiers on the land. Rural district councils are primarily responsible for the housing of the working classes in their areas. Where it is desirable to group labourers' cottages near a colony of smaU-holders, there should be co-ordination of effort as far as possible. Many of the documents issued by the Ministry of Health have been forwarded to county councils, so that they should be aware of the provisions of the Acts and the procedure adopted. The Unemployment (Relief Works) Act, 1920 (10 & 11 Geo. 5. c. 57) facilitates the acquisition of, and entry on, land required for works of public utility, and for pur- poses connected therewith (see page 488). 74 LAW AND PRACTICE WITH REGARD TO HOUSING Statutory Rules and Orders, 1910. No. 801 MEDICAL OFFICER OF HEALTH, ENGLAND The County Medical Officer of Health {Duties) Order, 1910 Dated 29th July 1910 55,475 To the County Council of every Administrative County in England and Wales other than London ; — And to all others whom it may concern. Whereas it is enacted by subsection (2) of section 68 of the Housing, Town Planning, &c., Act, 1909 (herein- after referred to as " the Act of 1909 "), that the duties of a medical officer of health of a county shall be such duties as may be prescribed by general order of the Local Government Board and such other duties as may be assigned to him by the county council ; And whereas by virtue of section 70 of the Act of 1909 the above cited subsection does not apply to the Adminis- trative County of London : Now therefore, we, the Local Government Board, in pursuance of the powers given to us in that behalf, by this order prescribe the following duties as the duties of every medical officer of health of a county other than the Administrative County of London ; that is to say : — (1) The medical officer of health of the county shall inform himself as far as practicable respecting all influences affecting or threatening to affect injuriously the public health in the county. For this purpose he shall visit the several county districts in the county as occasion may require, giving to the medical officer of health of each county district prior notice of his visit, so far as this may be practicable. (2) The medical officer of health of the county shall from time to time inquire into and report upon the hospital accommodation available for the isolation of cases occurring in the county — (a) of small-pox, and (6) of other infectious diseases, and upon any need for the provision of further hospital accommodation. (8) The medical officer of health of the count}'' shall communicate to the medical officer of health of a countv district within the county any POWERS AND DUTIES OF COUNTY COUNCILS 75 information which he may possess as to any danger to health threatening that district. (4) The medical officer of health of the county shall consult with the medical officers of health of county districts within the county whenever the circumstances may render this desirable. (5) If the annual or special reports of the medical officer of health of a county district in the county shall not contain adequate information in regard to (a) the vital statistics of the district, (6) the sanitary circumstances and adminis- tration of the district, and (c) the action taken in the district for putting in force the provisions of the Housing of the Working Classes Acts, 1890 to 1909, the medical officer of health of the county shall obtain from the medical officer of health of the county district such further information on those matters as the circumstances may demand. (6) The medical officer of health of the county shall, when directed by us, or by the county council, or as occasion may require, make a special report to the county council on any matter appertaining to his duties under this order. (7) The medical officer of health of the county shall as soon as practicable after the 31st day of December in each year make an annual report to the county council up to the end of December on the sanitary circumstances, the sanitary ad- ministration and the vital statistics of the county. In addition to any other matters upon which the medical officer of health may consider it desirable to report, his annual report shall contain the following sections : — (a) A digest of all annual and special reports made by the medical officers of health of all county districts within the county ; (b) a section as to the isolation hospital accom- modation available for each county district and as to the steps which should be taken to remedy any deficiencies which may exist; (c) a section on the administration of the Housing of the Working Classes Acts, X890 to 1909, within the county ; 76 LAW AND PRACTICE WITH REGARD TO HOTISING (d) a section on the water supply of the several county districts within the county ; (e) a section on the pollution of streams within the county and as to the steps for the prevention of pollution taken : — (i) by the local authorities, and (ii) by the county council : (/) a section on the administration within the county of the Midwives Act, 1902 ; and ig) a section on the administration of the Sale of Food and Drugs Acts, 1875 to 1907, within that part of the county in which the county council have jurisdiction for the purposes of those Acts. (8) The medical officer of health of the county shall send to us two copies of his annual report and two copies of any special report ; he shall also send one copy of his annual report to the council of every county district in the county and shall send three copies of any special report to the council of every such county district affected by the special report. This Order may be cited as the County Medical Officers of Health (Duties) Order, 1910. Given under the seal of office of the Local Government Board, this Twenty-ninth day of July, in the year One thousand nine hundred and ten. John Burns, (l.s.) President. H. C. Monro, Secretary. Statutory Rules and Orders, 1920. No, 336 HOUSING, ENGLAND The County Councils {Assisted Schemes for the Housing of Employees) Regulations, 1920, dated 6th March 1920 65,815 To the councils of the several administrative counties in England and Wales ; — And to all others whom it may concern. Whereas by subsection (1) of section 7 of the Housing, POWERS AND DUTIES OF COUNTY COUNCILS 77 Town Planning, &c., Act, 1919,^ it is enacted (amongst other things) that if it appears to the Local Government Board that the carrying out of any scheme approved by the Board for the provision of houses for persons in the employment of, or paid by, a county council, or a statutory committee thereof, has resulted or is likely to result in a loss, the Board shall, if the scheme is carried out within such period after the passing of that Act as may be specified by the Board with the consent of the Treasury, pay or undertake to pay to the county council, out of moneys provided by Parliament, such part of the loss as may be determined to be so payable under regu- lations made by the Board with the approval of the Treasury, subject to such conditions as may be prescribed by those regulations ; And whereas by subsection (2) of the said section 7, as altered by section 4 of the Housing (Additional Powers) Act, 1919,- it is enacted that the regulations shall provide that the amount of any annual payment to be made under the section shall, in the case of a scheme for the provision of houses for persons in the employment of, or paid by, a county council, or a statutory committee thereof, be an amount equivalent during the period ending on the 31st day of March 1927, to 50 per centum and thereafter to 30 per centum of the annual loan charges as calculated in accordance with the regulations on the total capital expenditure incurred by the county council for the purposes of the scheme : Now, therefore, the Minister of Health, in pursuance of his powers under the recited enactments and under any other Statutes in that behalf, hereby makes the following regulations : — Article I — (1) These regulations may be cited as " The County Councils (Assisted Schemes for the Housing of Employees) Regulations, 1920." (2) The County Councils (Assisted Schemes for the Housing of Employees) Regulations, 1919,' are hereby revoked, without prejudice to any right, privilege or liability acquired, accrued or incurred thereunder. Article II — (1) In these regulations, unless the contrary intention appears : — 1 9-10 Geo. 5. c. 35. 2 9.10 Geo. 5. c. 99. 8 S.R. & O., 1919, No. 1430. 78 LAW AND PRACTICE WITH REGARD TO HOUSING (a) The expression " the Mmister " means the Minister of Health ; (6) The expression " the Act of 1919 " means the Housing, Town Planning, &c., Act, 1919 ; and (c) The expression " County Council " includes a statutory committee of a county council, the Lancashire Asylums Board, the West Riding of Yorkshire Asylums Board, and any other body constituted for the purpose of the administration of the Lunacy Acts on behalf of any combination of county councils and county borough councils. (2) The Interpretation Act, 1889,' applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament. Article III — Subject to the provision of Article IV of these regulations : — (1) An annual contribution out of moneys provided by Parliament (hereinafter referred to as " the Exchequer subsidy ") shall be made by the Minister towards the cost of carrying out a scheme submitted by a county council, and approved by the Minister, for the provision of houses for persons in the employment of, or paid by, the county council. (2) The Exchequer subsidy shall be an amount equiva- lent during the period ending on the 31st day of March 1927, to 50 per centum and thereafter to 30 per centum of the annual charges, for interest and repayment of principal, in respect of the aggregate amount of the loans raised by the county council for the purposes of the ap- proved scheme : Provided that the Minister may reduce the amount of the Exchequer subsidy in any case in which he is satisfied that the capital expen- diture incurred by the county council has been excessive. (3) The Exchequer subsidy shall be payable in two half-yearly instalments or in such other manner as the Minister may think fit during the periods allowed for the repayment of the loans raised by the county council for the purposes of the » 52-3 Vict. c. 63. POWERS AND DUTIES OF COtTNTY COUNCILS 79 approved scheme, and shall be reduced by the Minister so far as may be necessary as and when the period allowed for the repayment of any one of the said loans expires. (4) For the purposes of this Article the annual charges in respect of the aggregate amount of the loans raised by the county council shall be ascertained by calculating the total amount which would be annually payable in respect of the several loans for principal and interest if the loans were re- payable by equal annual instalments of principal and interest combined : Provided that, save with the consent of the Minister, the rate of interest shall not for the purposes of this paragraph exceed the rate for the time being in force for loans advanced by the Public Works Loan Commissioners for the purposes of schemes to which section 7 of the Act of 1919 applies. (5) The foregoing provisions of this Article shall apply to accumulated funds or capital moneys belonging to a county council and used by them for the purposes of an approved scheme as though such funds or moneys were loans, and for the purpose of the last preceding paragraph the rate of interest in respect of such funds or moneys shall be deemed to be — (i) where moneys have been borrowed for the purposes of the scheme from sources other than funds or moneys belonging to the county council, the rate of interest payable in respect of the moneys last previously so borrowed ; and (ii) where no moneys have been borrowed for the purposes of the scheme from such sources as aforesaid, the rate in force for loans advanced by the Public Works Loan Commissioners for the purposes referred to in the last preceding paragraph at the date when the funds or moneys were so used. Article IV — (1) The Exchequer subsidy shall cease to be payable — (a) in any case in which the Minister is not satisfied 80 LAW AND PRACTICE WITH REGARD TO HOUSING that reasonable progress has been made with the carrying into effect of the scheme within twelve months from the passing of the Act of 1919, or such later date as the Minister may allow, regard being had to the supplies of labour and material available from time to time and all other local or general circumstances affecting the carrying into effect of the scheme ; and (b) in respect of any scheme or part of a scheme not carried into effect before the expiry of a period of three years from the passing of the Act of 1919, or such later date as the Minister may allow, regard being had to the supplies of labour and material available from time to time and all other local or general circumstances affecting the carrying into effect of the scheme. (2) For the purposes of these regulations a scheme or part of a scheme shall be deemed to have been carried into effect when all the houses to be provided thereunder are let or available for letting. Given under the official seal of the Minister of Health, this Fifth day of March, in the year One thousand nine hundred and twenty. (l.s.) Christopher Addison, Minister of Health. We approve these regulations — James Parker, J. TowYN Jones, Lords Commissioners of His Majesty''s Treasury. Statutory Rules and Orders, 1920. No. 1465 HOUSING, ENGLAND The Housing [Loans by County Councils) Order, 1920, dated I2th August 1920, made by the Minister of Health under section 7 (2) of the Housing { Additional Powers) Act, 1919 (9 & 10 Geo. 5. c. 99) 66,495. The Minister of Health, in exercise of the powers con- ferred on him by subsection (2) of Section 7 of the Housing (Additional Powers) Act, 1919, and of all other powers enabling him, hereby makes the following Order : POWERS AND DUTIES OF COUNTY COUNCILS 81 1. This Order may be cited as the Housing (Loans by County Councils) Order, 1920. 2. — (1) In this Order, unless the context otherwise requires, — " The Minister " means the Minister of Health ; " The Act " means the Housing (Additional Powers) Act, 1919; " Housing Loan " means a loan raised by a county council for the purpose mentioned in Section 7 (2) of the Act, or, where a loan is raised partly for that purpose and partly for other purposes, such portion of the loan as is declared by the Minister to have been raised for the purpose of the said Section 7 (2). (2) The Interpretation Act, 1889,^ shall apply to the interpretation of this Order as it applies to the interpreta- tion of an Act of Parliament. 3. Where the proceeds of a Housing Loan have been lent to local authorities, the county council shall discharge or provide for repayment of such part of the loan as repre- sents the money lent to each local authority within a term ending not later than one year after the date at which that local authority is required to pay off the money lent to it. 4. Money lent to a local authority shall be repayable by it to the county council by equal half-yearly instal- ments of principal and interest combined within the period for which the local authority has power to borrow : Provided that where the money lent to a local authority has been raised by the issue of stock, the local authority shall repay to the county council not less than six months before the expiration of the maximum period of the currency of the stock any outstanding balance of the amount borrowed from the county council. 5. All sums received by the county council from a local authority representing repayment of principal shall be applied in or towards discharge of the Housing Loan, or where the Housing Loan was raised by the issue of stock, in or towards redemption of such stock. 6. All sums which under the last preceding Article are required to be applied in or towards redemption of stock 1 52-3 V. c. 63. 6 82 LAW AKD PRACTICE WITH REGARD TO HOTTSmG shall be transferred to the fund or account to which, under the provisions of the Acts or Regulations for the time being governing the issue and redemption of stock by the county council, sums required to be appUed in redemp- tion of stock are to be paid, and notwithstanding any- thing in those provisions the county council shall not be under any obligation to transfer to that fund or account in any year any greater sum than the aggregate of the sums received during that year and required by this Article to be so transferred. 7. The rate of interest at which money may be lent by the county council to a local authority shall be subject to the approval of the Minister and shall be calculated so as to cover the interest payable by the council in respect of such money together with all expenses incurred by the council in raising the same, and all expenses incurred or to be incurred by them in connection with the management or redemption of any stock or local bonds by means of which the money was raised, including any loss incurred by the council by reason of the rate of interest received in respect of any portion of the proceeds of the Housing Loan and not immediately required for loans to local authori- ties or in respect of any investments of moneys standing to the credit of any fund or account for the redemption of the Housing Loan falling short of the rate at which interest is payable by the council upon the Housing Loan : Provided that where the Housing Loan was raised by the issue of stock, the rate of interest payable by the local authority may, with the consent of the Minister, be the same as that payable by the county council on such stock, but in that event the mortgage to be entered into by the local authority shall, in addition to securing the repayment of principal and interest as provided in Article 4 of this Order, include the provisions specified in the Schedule to this Order. 8. This Order shall not apply to the London County Council. Schedule The following provisions shall apply to every mortgage made between a county council and a local authority for securing repayment of a loan where the rate of interest charged is the same as that payable on the stock issued POWERS AND DUTIES OF COUNTY COUNCILS 83 by the county council, and the mortgage shall include such covenants and conditions as may be necessary to give effect to such provisions. (a) The local authority shall pay to the county council by means of an annuity of an amount to be specified in the mortgage payable half-yearly during a period to be similarly specified not exceeding the maximum period of currencj^ of the stock, a sum equal to the amount, if any, by which the nominal amount of that part of the stock of which the proceeds were applied in making the loan to the local authority exceeded the net proceeds of such nominal amount of stock with interest on that sum at the rate payable under the mortgage in respect of the principal money secured thereby. In ascertaining net proceeds for the purpose of this paragraph a proportionate part of the expenses of the issue of the stock and of any unaccrued interest payable under the terms of issue at the date of the first payment of interest shall be deducted from the proceeds. (b) The local authority shall pay annually to the county council on a date to be specified in the mortgage a proportionate part of the expenses incurred by the council during the previous year in connection with the management of the stock, including any composition for stamp duties and any remuneration payable to the registrar of the said stock and other establishment charges in connection therewith. (c) At a date within one year from the commencement of the loan to be specified in the mortgage and thereafter at the end of each year from that date during the con- tinuance of the loan and until the redemption of the stock, the amount, if any, by which the total interest paid by all the local authorities (i) in respect of loans made to them out of the proceeds of the Housing Loan, and (ii) under paragraph (a) of this Schedule, together with any interest received by the county council either upon any portion of the proceeds of the Housing Loan which has not for the time being been lent to any local authority, or upon moneys representing principal previously repaid by any such local authority and forming part of the council's redemption fmid account relating to the Housing Loan, exceeds or falls short of the amount required to pay interest on the Housing Loan shall be ascertained, and in the case of any excess a proportionate part thereof shall 84 LAW AND PRACTICE WITH REGARD TO HOUSING be set off against any sum payable by the local authority under paragraphs (a), (b) or (d), of this Schedule, and in the case of any deficiency a proportionate part thereof shall be paid by the local authority to the county council. {d) (i) If upon the realisation of any investments stand- ing to the credit of the county council's redemption fund account relating to the Housing Loan the net proceeds of the sale of such investments represent a profit or loss to the council, a proportionate part of the amount of such profit or loss shall in the case of a profit be set off against the sums payable by the local authority to the county council, and in the case of a loss be paid by the local authority to the county council. (ii) If the county council redeem or purchase and extinguish stock at less than its nominal value by the application of any part of the money carried to the said redemption fund account, the difference between the price at which the stock is so redeemed or purchased and its nominal value shall be treated for the purposes of this Article as a profit made on the realisation of an investment. (iii) The necessary adjustments between the county council and the local authority for the purpose of this paragraph shall be made annually upon a date to be specified in the mortgage. (e) Upon the redemption by the county council of any stock issued for the purposes of the Housing Loan the local authority shall repay to the council a proportionate part of any expenses incurred by the council in connec- tion with such redemption. (/) All powers and remedies of the county council for securing and recovering payment of the principal and interest payable under the mortgage shall be exercisable in respect of any payment to be made by the local authority to the council under the foregoing provisions of this Schedule. ig) For the purposes of this Schedule a proportionate part of any expenses, profit, loss or other amount shall mean as regards any local authority a part of such expenses, profit, loss or other amount bearing the same proportion to the whole as the nominal amount of stock represented by the moneys lent to that local authority bears to the total nominal amount of the stock POWERS AND DUTIES OF COUNTY COUNCILS 85 representing the amount lent to local authorities issued for the purpose of Housing. Given under the Official Seal of the Minister of Health this Twelfth day of August, in the year One thousand nine hundred and twenty. (l.s.) E. R. Forber, Assistant Secretary, Ministry of Health, LAND SETTLEMENT (FACILITIES) ACT, 1919 [9 & 10 Geo. 5. Ch. 59.] An Act to make further provision for the acquisition of land for the purposes of small holdings, reclamation, and drainage, to amend the enactynents relating to small holdings and allotments, and otherwise to facilitate land settlement. [19th August 1919.] 12. (1) Subject to the consent of the Board of Agricul- ture and Fisheries in cases where their consent is required under this section or under regulations made by the Board, a county council shaU have power in any case where in the opinion of the council it is necessary or expedient so to do for the better carrying into effect of the principal Act — (a) to erect, repair, or improve dwelling houses and other buildings on any land acquired by the council under the principal Act, or to execute any other improvement on or in connection with and for the benefit of any such land, or to arrange with the tenant of any such land for the execution of any such improvement of such terms as may be agreed : Extension of powers of councils in relation to land acquired vinder principal Act. 20. (1) Subject to the provisions of this section, a Provisions county council may provide a holding of less than one ^ j^ small acre if it is not less than half an acre and has a cottage less than erected thereon, and such a holding shall be deemed to ^^^ ^^re, be a smaU holding for the purposes of the principal Act. (2) As respects holdings to which this section relates provided by a county council during such period after the passing of this Act as may be specified by the Board 86 LAW AND PRACTICE WITH REGARD TO HOUSING of Agriculture and Fisheries with the consent of the Treasury, the county council shall keep separate accounts of all receipts and expenditure in respect thereof, and at the end of each financial year ending on the 31st day of March the excess of the expenditure over the receipts or of the receipts over the expenditure during that year shall be paid to the county council by the local authority, 53 & 54 for the purposes of Part III of the Housing of the Working Vict. c. 70. Classes Act, 1890, of the district in which the holdings are situate, or to that authority by the county council, as the case may be, and any amount so paid or received by the local authority shall be treated as if it was ex- penditure or receipts of the authority in carrying out a scheme for the exercise of their powers under that Part approved by the Local Government Board. (3) As respects holdings to which this section relates provided by a county council after the expiration of the period so specified, the local authority, for the pur- poses of Part III of the Housing of the Working Classes Act, 1890, of the district in which the holdings are situate may contribute or agree to contribute to the expenses of providing such holdings, and any sums so payable to the county council by the local authority shall be treated as expenses of the local authority under Part III of that Act. (4) Any question as to the amount payable to or by a local authority under this section may be determined by the Local Government Board. (5) Any receipts and expenditure of the council of a county borough in respect of the provision of holdings to which this section relates shall be treated as if they were receipts and expenditure of the council in carrying out such a scheme as aforesaid. Power of 22. ( 1 ) A council of a borough, urban district, or appropria- parish may, in a case where no power of appropriation tion of land. -^ otherwise provided, with the consent of the Board of Agriculture and Fisheries and the Local Government Board, and subject to such conditions as to the repay- ment of any loan obtained for the purpose of the acquisi- tion of land or otherwise as the last-mentioned Board may impose — POWERS AND DUTIES OF COUNTy COUNCILS 87 (a) appropriate for the purpose of allotments any land held by the council for other purposes of the council ; or (6) appropriate for other purposes of the council land acquired by the council for allotments. (2) This section shall apply, in the county of London, to the council of the county and to any Metropolitan borough council. CHAPTER V TOWN PLANNING General The legislation affecting town planning is contained tionT^' in Part II of the Housing, Town Planning, &c., Act, 1909, as amended by Part II of the Housing, Town Planning, &c., Act, 1919 — see pages 324 and 447. By section 10 of the Housing (Additional Powers) Act, 1919, provision is made as to the acquisition of land for the purpose of garden cities and town-planning schemes. Before sanctioning a housing scheme, the Minister of Health requires to be satisfied not only that the site is a good one for building purposes, but also that it is in a locality which, having regard to the district as a whole, will be suitable for working-class dwellings. He requires a well-considered lay-out plan, which will secure that the houses shall be advantageously placed on the site and that the streets shall be arranged with due regard to the needs of through traffic and to the development of the surrounding area. To this extent the new housing schemes include town planning. It is, however, very important to ensure not only that any development of the land around the sites of the housing schemes shall be in harmony with the lay-out plans of the housing schemes, but that all future building development shall be properly controlled. It is essential, therefore, that local authorities should proceed as quickly as possible to prepare town-planning schemes. By means of such schemes all future development may be regulated in accordance with definite plans, which 88 TOWN PLANNING 89 will prevent the faulty street planning and congestion of buildings which mar so many existing towns and villages. Provision may be made by such schemes for arterial and other roads, for fixing building lines, limiting the number of buildings per acre, reserving sufficient land for open spaces, and assigning suitable areas for industrial, commercial, and residential purposes respec- tively. By the 1919 Act the procedure for making town- New planning schemes has been simplified. A local authority may now by resolution decide to prepare a town-planning scheme, and it is not necessary for them to obtain authority from the Ministry of Health to do so, except where the area to be town-planned extends to land outside the district of the local authority (section 42). Additional powers have been given to the Ministry to make regulations as to the preparation of town-planning schemes and for securing that schemes shall be prepared with all reasonable speed (section 43). In order that there may be no unnecessary holding up of development during the preparation of schemes, the Minister of Health is empowered to make an order, or orders prescribing the conditions under which any proposed development may be permitted to proceed pending the making and approval of the scheme (section 45). Any local authority may at any time be required by the Ministry of Health to prepare a town-planning scheme for any area for which the Ministry are satisfied that a scheme ought immediately to be prepared (section 47). After the 1st January 1923, the preparation of town-planning schemes will be compulsory on all boroughs or urban districts with a population exceeding 20,000. The scheme will have to be prepared within three years of that date (section 46). Further, if a local authority fail to carry out their duties as regards town planning, the Ministry of Health procedure. 90 LAW AND PRACTICE WITH REGARD TO HOUSING The resolution. The 1909 Act as amended. may themselves act, or in the case of a borough or other urban district with a population of less than 20,000, or of a rural district, may empower the county council to do so, in either case charging the expense to the local authority (section 47 (3) ). Doubtless progress will be made in town planning before 1923, and many local authorities have the subject well in mind, but at present energy is being concen- trated on the provision of houses, and big town-planning schemes are often more involved than many people imagine. A resolution deciding to prepare a town-planning scheme should include a reference to section 42/19, and should define the area by reference to a map on the scale of 25344 inches to the mile and marked Map No. 1. The following resolution has been considered by the Ministry " too vague to be effective " : — " That a town-planning scheme be prepared to include all land in the urban district of X, on the eastern side of the High Road, in respect of which a town-planning scheme may be made under the above Act." No portion of the costs in connection with the prepara- tion and carrying out of a town-planning scheme may be included in the expenditure on a housing scheme ranking for financial assistance. The scope of such assistance is indicated in section 7 (1)/19. The land which can be town-planned is land which is in course of development or appears likely to be used for building purposes (section 54/09), but the definitions are wide — see notes to section 54/09. Land already built upon and land not likely to be used for building purposes can be included in the scheme in certain cir- cumstances, and the scheme can provide for demolition or alteration of the buildings — section 54 (l)/09. Joint schemes may be prepared or adopted by two or more local authorities. TOWN PLANNING 91 In addition to preparing schemes, local authorities have power to adopt, with or without modifications, schemes proposed by land-owners. A scheme may be varied or revoked by a subsequent scheme, and the Ministry may make modifications in any scheme and impose conditions, or even revoke it. Section 55 of the 1909 Act deals with the contents of town-planning schemes and refers to the Fourth Schedule in which matters of detail are set out. Section 56 deals with procedure regulations, as to which see page 93. Co-operation on the part of the local authority and the owners and other persons interested is to be secured, and county councils are given certain rights by an extension by section 43 of the 1919 Act, i.e. the right to a notice of the proposal for a scheme, copy of the draft scheme before the scheme is made, and the right to be heard at any pubhc local inquiry. Section 57 deals with " power to enforce scheme." If any question arises whether any building or work con- travenes the scheme it is referred to the Ministry, which determine it as arbitrators. Section 58 deals with " compensation in respect of Compensa- property injuriously affected by scheme." Any person whose property is injuriously affected is entitled to compensation on making a claim within due time ; but not on account of any building erected, or contract made, after the date of the resolution of the local authority to prepare or adopt the scheme, or after certain other times — but see below. If property is increased in value by the scheme the local authority may recover one half of the amount of the increase from its owner. Any question on these points is to be determined by a single arbitrator appointed by the Ministry unless the parties otherwise agree. Compensation may be payable where a scheme is revoked. By section 45 of the 1919 Act, the above was extended 92 LAW AND PRACTICE WITH REGARD TO HOUSING Acquisition of land. Default. Sundry points. to enable the Minister of Health to make an order per- mitting any proposed development to proceed pending the making and approval of the scheme, and where such permission has been given, the person concerned may be entitled to compensation on account of any building erected on, or contract made or other thing done with respect to, land included in a scheme after the date of the resolution of the local authority to prepare or adopt the scheme. Section 59 deals with " exclusion or limitation of com- pensation in certain cases." No compensation is payable if the injurious affection would have resulted from by- laws made by the local authority ; or if the scheme prescribes the space about buildings or limits the number of buildings, or prescribes the height or character of buildings, if the Ministry consider the provisions reason- able. If a person is entitled to compensation under any other Act as well as under the present Act, he cannot get it twice, nor can he get greater compensation under this Act than under the other Act. Section 60 deals with " acquisition by local authorities of land comprised in a scheme," as to which reference should also be made to sections 12 and 15 of the 1919 Act, and section 10 of the 1919 (Additional Powers) Act. Land may be acquired voluntarily or (if authorised) compul- sorily, subject to the same conditions as a local authority may acquire land for Part III purposes — see Chapter II. By section 61 of the 1909 Act the Ministry, in case of default of local authority to make or execute a town- planning scheme, may hold a public local inquiry and make an order on the local authority, which it may enforce by mandamus. But extended powers in this direction are conferred on the Ministry by sections 46 and 47 of the 1919 Act, as already explained. By section 62 the Ministry may determine certain matters in dispute as arbitrators or otherwise ; by section 63 it may hold inquiries affecting town planning TOWN PLANNING 93 as under section 85 of the 1890 Act. By section 64 its " general provisions " have to be laid before Parliament. Section 65 defines " local authority " and deals with expenses and the borrowing of money. Section 66 deals with '' application to London." The new Town Planning Regulations have not been issued up to the time of printing this volume, but if available before binding will be found on page 739, CHAPTER VI The statutory provisions. Public utility societies. THE WORK OF PUBLIC UTILITY SOCIETIES AND HOUSING TRUSTS Section 19 of the Housing, Town Planning, &c., Act, 1919, provides that where a public utility society or a housing trust, as defined by' section 40 thereof, has submitted to the Local Government Board (now the Minister of Health) an approved scheme for the provision of houses for the working classes then, if the scheme is carried out within a specified time (see page 99), the Minister may contribute towards the cost of carrying out the scheme. Section 18 gives powers to local authori- ties and county councils to promote and assist public utility societies (not housing trusts), and section 20 pro- vides that the Public Works Loan Commissioners may make loans to such societies. The sections above mentioned cover the provisions affecting public utility societies and housing trusts now in force in the Housing Acts, but there is an amendment affecting finance made by section 4 of the Housing (Additional Powers) Act, 1919. A public utility society is essentially a co-operative society. It is defined by section 40 of the Housing, Town Planning, &c., Act, 1919, as "a society registered under the Industrial and Provident Societies Acts, 1893 to 1913, the rules whereof prohibit the payment of any interest or dividend at a rate exceeding 6 per cent, per annum." (This dividend is non-cumulative.) A society which may be registered under the Indus- trial and Provident Societies Acts (the Act under which 94 PUBLIC UTILITY SOCIETIES AND HOUSING TRUSTS 95 co-operative societies are registered) is defined by section 4 of the Industrial and Provident Societies Act, 1893, as " a society for carrying on any industries, businesses or trades specified in or authorised by its rules, whether wholesale or retail, and including dealings of any descrip- tion with land," The section also provides that no member other than a registered society shall have or claim any interest in the shares of the society exceeding two hundred poimds ; but this is amended by section 18 (2) of the Housing, Town Planning, &c.. Act, 1919, which provides that where a local authority or county council assist a public utility society under that sub- section, the local authority or council shall not be pre- vented from having or claiming an interest in the shares of the society exceeding two hundred pounds. A public utility society must consist of at least seven The rules, persons with a secretary. Application for registration must be made to the Registrar of Friendly Societies, 17, North Audley Street, W. 1, who provides forms for the purpose. The application for registration must be signed by seven members and the secretary, and must be accom- panied by two printed copies of the rules. These rules must cover provisions required by or under the Industrial and Provident Societies Acts and sections 18 and 19 of the Housing Town Planning, &c., Act, 1919. Certain very useful organisations have drawn up model rules which cover these provisions ; and these organisations will supply copies and give all guidance and help. Amongst them are the following : — The Garden Cities and Town Planning Association, 3 Gray^s Inn Place, W.C. ; The Welsh Town Planning and Housing Trust, Ltd., 32 Park Place, Cardiff ; and The Agricultural Organisation Society, 40 Broad- way, S.W.I. The rules of these organisations have a further advan- tage : the Registrar of Friendly Societies has the power 96 LAW AND PRACTICE WITH REGARD TO HOUSING when model rules, accepted by him, are adopted, to reduce the registration fee from £5 to £1. The rules and any amendment require the approval of the Minister of Health, and this should be obtained before the rules or amendments are submitted to the registrar. The registration of a society renders it a body cor- porate, with perpetual succession and a common seal, and with limited liability. Assistance Under section 18 (2) of the 1919 Act, a local authority authorit ^^ county councU, with the consent of, and subject to any regulations or conditions which may be made or imposed by, the Minister of Health, may : — (a) Make grants or loans to the society ; (6) Subscribe for any share or loan capital of the society ; or (c) Guarantee or join in guaranteeing the payment of interest on money borrowed by the society or of any share or loan capital issued by the society ; on such terms and conditions as to rate of interest and repayment or otherwise, and on such security, as the local authority or council think jBt. Any assistance which they may give to a public utility society will be outside the arrangement by which the financial obligations of the local authority under an assisted housing scheme are limited to a penny rate. In future years it may be found that the whole of the housing needs of a district can be suitably provided for by a public utility society, and in such cases the local authority would no doubt be willing to render financial assistance. In any case the local authority may be willing to take up a portion of the share capital of the society. By so doing they would secure a voice in the management of the society, and it may be expected that both the authority and society would welcome the measure of co-operation which would foUow from the PUBLIC UTILITY SOCIETIES AND HOUSING TRUSTS 97 participation of the local authority in the society's afifairs. In some cases a public utility society may find it Acquisition difficult to acquire a site at a reasonable cost. Under ° ^" " section 12 (2) of the Act of 1919, a local authority may assist the society by acquiring a site compulsorily and selling or leasing it to the society. Section 18 provides that where a society is desirous of erecting houses for the working classes which, in the opinion of the Minister of Health, are required, and the local authority of the area in which the houses are proposed to be built are unwilling to acquire land with a view to selling or leasing the same to the society, the county council may, on the application of the society, acquire the land and sell or lease it to the society. Under section 67 of the Housing of the Working Classes Loans. Act, 1890, as amended by section 4 of the Housing, Town Planning, &c.. Act, 1909, the Public Works Loan Commissioners were empowered to make loans to public utility societies, for a period of forty years, up to two- thirds of the value (not cost) of the land or houses to be mortgaged. Under the 1919 Act the period for the maximum period for repayment is extended to fifty years, and loans may be made, during a period to be specified by the Minister of Health, with the consent of the Treasury, up to 75 per cent, of the cost of the land and houses. Advances of the loan may be made by instalments as the building progresses. The loans and advances may be made by the Commissioners, on the recommenda- tion of the Minister, and it is important that the informa- tion which the Commissioners will require before deciding whether they can make a loan, should be forwarded to them at an early stage, and the society should obtain from the local Housing Commissioner, well in advance, a note of the information which the Loan Commissioners will require, 7 98 LAW AND PRACTICE WITH REGARD TO HOUSING The State In addition to the loan, an annual subsidy may be paid by the Minister of Health to the public utility society during a maximum period of fifty years. The amount of the subsidy (see section 19 of the 1919 Act, as amended by section 4 of the Housing (Additional Powers) Act, 1919) will be equivalent, during the period ending on 31st March 1927, to 50 per cent, and there- after to 30 per cent, of the loan charges (including interest and the payments for redemption of principal) on the whole of the capital borrowed under the approved scheme ; and for the purpose of the calculation of the amount of the subsidy it will be assumed that loan charges are payable on the annuity system (i.e. by equal half-yearly instalments of principal and interest combmed) on the whole of the capital at the same rate as the charges fixed in the case of loans to public utility societies by the Public Works Loan Commissioners. It is immaterial for this purpose whether loans have in fact been made to the society by the Commissioners. This is an im- portant point. A society may be able to borrow from others at a lower rate of interest than the State charges (see the Treasury Minute on page 536), but it will get its annual subsidy from the Minister of Health as though it had borrowed three-quarters of its capital from the State and were paying the full Government rate of interest. The payment of the subsidy is conditional upon the society complying with the financial regulations (see page 650). The State subsidy is an emergency measure due to the temporary disturbance of normal economic con- ditions, and it is not contemplated that housing should permanently be placed on a subsidised footing. The intention of the subsidy is to encourage building during the present emergency period, by placing the societies who build during this period in a not less favourable position than those who defer building until more normal conditions are established. Accordingly, the subsidy is PUBLIC UTILITY SOCIETIES AND HOUSING TRUSTS 99 available only for those who commence building forth- with. Article III of the 1919 Regulations (page 653) provides that financial assistance will cease (a) unless reasonable progress is made with carrying the scheme into effect within one year from the passing of the Act, and (6) in respect of any scheme, or part, not completed within three years from that date ; or, in each case, within such further period as the Minister may allow. The Act was passed on 31st July 1919. The site, lay-out, house plans and cost of the scheme will be subject to the approval of the Ministry, and before the scheme is finally approved the society must submit a statement in Form D.107 (see page 657), showing the estimated income and expenditure under the scheme (Article IV of the 1919 Regulations). Professional charges must not exceed 5 per cent, of the total capital approved expenditure (Article V). The rents will be subject to the approval of the Ministry (Article VI). The plans must also be passed by the local authority in the usual way (under section 167 of the Public Health Act, 1875, and the by-laws), but the by-laws may be relaxed (see page 416). Houses provided under an approved scheme must not Sale of be sold except on conditions laid down by the Ministry "°"^®S' &c. (Article VII). These conditions form the subject of the Sale of Houses Regulations, printed on page 663. Under them a tenant may buy his house outright, in which connection the provisions of the Small Dwellings Acquisition Act, 1899, as to loans from the local authority (see page 258), may be read. Or of course he can borrow (if necessary) from any other source. The alternative method of purchase by instalments, in addition to the rent, presents many practical difficulties, notably in regard to the custody of the instalments and the safe- guarding of the interests of the tenant-purchaser in the possible event of the bankruptc}^ of the societ3% and is not recommended. 100 LAW AND PRACTICE WITH REGARD TO HOUStNG Other points in the regulations. Housing trusts. The accounts of the society will be subject to audit by the district auditor, in addition to the audit prescribed by the Industrial and Provident Societies Acts (Article VIII, page 654). In the event of the dissolution of the society before the Exchequer subsidy has ceased to be payable, the State will be a creditor for the amount of the subsidies actually paid (Article IX). The society will be required to enter into an agreement to give effect to this regulation. A form of agreement for this purpose is obtainable from the Housing Commissioner. The objects of the society must include the provision of houses for the working classes, and it is only the provision of working class houses (with the necessary land, street works, &c.) which will rank for the Govern- ment subsidy. The scheme may include larger houses, or such buildings as factories, shops, clubs, or places of worship, or additional land for the purpose of small holdings, but the additional expenditure for these purposes will not be subsidised by the Government. There is no statutory definition of " the working classes " which is applicable to housing by public utility societies, and it is intended that this term should be generously interpreted. Certain types of houses have, however, come to be regarded, by accepted usage, as working-class houses. Such types of houses are instanced in the Manual on State-Aided Housing Schemes (see page xiii), and the local housing commissioner will be prepared to advise as to the standard of accommodation which can be approved. Societies may be formed for acquiring large empty houses and converting them into flats for the working classes. Where this is contemplated the promoters should refer to the Manual on the Conversion of Houses into Flats for the Working Classes (see page xiii). The expression " housing trust " is defined by section 40 of the Act of 1919 as "a corporation or body of persons which, by the terms of its constituent instrument, is PUBLIC UTILITY SOCIETIES AND HOUSING TRUSTS 101 required to devote the whole of its funds, including any surplus which may arise from its operations, to the provision of houses for persons the majority of whom are in fact members of the working classes, and to other purposes incidental thereto." The definition is intended to apply mainly to trustees who have the administration of trust funds, and will not ordinarily require to borrow. Accordingly no provision is made for State assistance towards the capital ex- penditure, but an annual subsidy may be granted on the same terms as in the case of public utility societies. In other words it will be calculated as though the trust were a public utility society and had borrowed for the purposes of the approved scheme an amount equivalent to the trust funds used for those purposes. The subsidy will then be calculated as per the regulations, "The Housing Trusts (Financial Assistance) Regulations, 1919andl920"), printed on pages 669 and 673. These regulations contain many other matters of importance, and should be read. Public utility societies are of comparatively recent General introduction as far as housing purposes are concerned, remarks on Though recognised by the Act of 1890 and encouraged utility by the Act of 1909, it is only during the past ten or eleven ^°^^^ ^^^' years that they have had much construction to their credit. To some extent their rise has coincided with the decline in private enterprise. One hundred and six societies were in active operation before the war and at the date of the armistice. They had built rather less than 8,000 houses. Nevertheless, they were seen to be a new force, particularly at Letch- worth, Bournville, Hampstead, &c. Better still, they were often possessed of ideals which promised much in the matter of improving the worker's house, its archi- tecture, arrangement, and surroundings. Though essentially co-operative associations, there was an element of commerce about them, within the limits of the legislation — in a few cases a strong element. 102 LAW AND PRACTICE WITH REGARD TO HOUSING Their founders in some cases were working men wanting houses, and in other cases housing reformers ; and occasionally a philanthropist or an employer of labour was interested in them. It may here be mentioned that, in the past, quite a large number of houses have been built by co-operative societies, and that several of such societies, by a small addition to their rules, have become public utility societies, as the term is here used. Private The money needed by the societies came from several sources : (1) the Public Works Loan Commissioners ; (2) the tenants; (3) philanthropists; (4) employers; and (5) public companies and societies, which usually lent on mortgage but occasionally subscribed for loan stock. It is still intended that they should raise as much money as possible in this way, but the Public Works Loan Commissioners may lend up to the 75 per cent, of the cost, as already explained. If, in the opinion of these Commissioners, there is a special risk that it may at some future date, during the currency of the loan, be impossible to secure tenants for a large proportion of the houses, owing to changes in the industrial circumstances of the locality, it will be open to them to require collateral security. Though the loan from the Commissioners is the first charge on the premises, the money lent on mortgage or the loan stock can, by arrangement, rank first after the loan has been repaid to the Commissioners. Land and materials, subject to the valuation thereof being officially approved, can be subscribed for loan stock instead of cash. In the case of leaseholds the Ministry will accept terms of not less than sixty years, but prefers ninety-nine years. Dr. Addison touched on some of the above points when moving the second reading of the Housing (Addi- tional Powers) Bill. He said : " There has been already built a goodly number of houses by public utility societies on the experimental plan adopted in the early stages. PUBLIC UTILITY SOCIETIES AND HOUSING TRUSTS 103 Some of them have very big enterprises in front of them, but they are nearly all, though not quite all, great em- ployers of labour for great firms which must have the houses anyhow. They are iron companies, steel com- panies, engineering companies, and so forth, and they have frankly recognised that under the existing terms for public utility societies they will get very little or no return on their share of the capital. It was evident that, in order to bring in the aid of public utility societies and to make the best use of them, we must, at any rate for the first few years, improve the terms to them " {Hansard, 8th December 1919, cols. 563-4). A special department was set up at the Ministry of Depart- Health to deal with public utility societies and housing ^^ip trusts, and it has supplied, by means of circulars and the like, much useful information to them, while the Housing Commissioners and their staffs have been anxious to give assistance and advice. The following is a list of the official publications dealing specially with public utility societies and housing trusts : Cd. 9223. Financial Assistance Committee : Interim Report. S.R. & 0., 1919, No. 1428. The Public Utility Societies (Financial Assistance) Regulations, 1919, dated 6th October 1919. S.R. & O., 1920, No. 134. The Public Utility Societies (Financial Assistance) Regulations, 1919, dated 30th January 1920. S.R. & 0., 1920, No. 107. The Public Utility Societies (Sale of Houses) Regulations, 1920, dated 28th January 1920. S.R. & 0., 1919, No. 1429. The Housing Trusts (Financial Assistance) Regulations, 1919, dated 6th October 1919. S.R. & 0., 1920, No. 135. The Housing Trusts (Financial Assistance) Regulations, 1920, dated 30th January 1920. 104 LAW AND PRACTICE WITH REGARD TO HOUSING S.R. & 0., 1920, No. 683. Housing Accounts Order (Societies and Trusts), 1920, dated 4th May 1920. D. 107. Assisted Scheme (Public Utility Society) State- ment of Estimated Annual Income and Expenditure. D. 104a. General Housing Memorandum, No. 9a. April 1919. Housing by Public Utility Societies, The Government proposals. Cmd. 89. Financial Assistance to Public Utility Societies. Cmd. 128. Financial Assistance to Public Utility Societies and Housing Trusts. In addition the Ministry's fortnightly journal, Housing, and the valuable manuals and other documents have been available. Another form of assistance took the form of the pro- vision by the Government, at an early stage, of certain building materials and standardised fittings. Some It would, however, be idle to deny that public utility cuities. societies have had difficulties. In the initial stages, at least, there is a considerable amount of work falling upon committee men and other officers of such societies, in making the thousand and one arrangements which have to be made, including interviews with the Housing Commissioner, and the landowner, framing the rules, instructing the architect (the societies have been advised to employ architects), agreeing to the plans, and so forth. Not only so, the Ministry, through its Housing Commis- sioner, has had to go into many matters carefully so as to protect the interests of the taxpayer. The price pro- visionally agreed to with the landowner has possibly been found to be too high, when the valuation of the Inland Revenue District Valuer has come to hand. The plans have been wasteful, possibly, in some respects. It may be added that the State allowance to public utility societies is larger than the subsidy to private builders — some one-third of the cost per house, against the maximum subsidy to the private builder of £260. CHAPTER VII the housing (additional powers) act, 1919 General Summary The Housing (Additional Powers) Act, 1919, confers certain powers which supplement those contained in the Housing, Town Planning, &c., Act, 1919. The Govern- ment scheme, which was brought into force by the latter Act, inevitably threw a severe strain on the machinery of local government. By the new Act that machinery has been strengthened and relieved of a part of its burden. Its most notable feature was that of authorising grants Grants to to private builders (averaging £250 per house) for the builders, construction of houses. The houses must comply with the conditions prescribed by the Minister of Health (section 1) (see page 114) ; they must be in material accord- ance with the conditions approved in the case of local authorities' schemes ; they must comply with the local by-laws ; and they must be certified by the local authority or, on appeal, by the Minister of Health, to have been completed in a proper and workmanlike manner. Subject to this the builder has a very free hand, and there is no limitation as to the selling price or rent of the houses. The subsidy will be available only for building commenced within twelve months (or at most, in special cases, sixteen months) after the passing of the Act (23rd December 1919). Further information on this subject is given on pages 113 and 114. The Act also provides for revised and improved terms Improved to public utility societies. The annual subsidy of 30 ^^^[^ utility per cent, (based on the loan charges on the borrowed societies, &c. capital) has been increased to 50 per cent, during the 105 106 LAW AND PRACTICE WITH EEGARD TO HOUSING Luxury building. Housing bonds, &c. The Minister's explanation years ending 31st March 1927, after which date it will be 30 per cent, as before. The revised terms are also available for housing trusts and for county councils who wish to provide houses for their employees (section 4). One of the chief obstacles to the building of working- class houses by local authorities has been the diversion of the resources of the building trade into other channels. There are large arrears of repair work to be completed, but, apart from that, building works have been put in hand in many parts of the country, which are of less public importance, or of less urgency, than the building of houses. The Act enables a local authority to prohibit what is known as " luxury " building (section 5). This does not mean that useful commercial expansion is to be checked or hampered. The Regulations are printed on pages 684 and 694. The demolition of dwelling-houses is prohibited in certain circumstances (section 6). The above provisions are in force for two years from 23rd December 1921 (section 15). The Act also deals on a permanent basis with the issue of Housing Bonds, &c., by local authorities for the purpose of raising the necessary money for their housing schemes (section 7) ; with the acquisition of land for garden cities or town-planning schemes (section 10) ; and certain minor matters. On 8th December 1919 Dr. Addison, Minister of Health, in moving the second reading of the Housing (Additional Powers) Bill, which had been introduced four days previously, said that it was still the fact that private persons would not build houses because there was not a reasonable chance of getting an economic return in the shape of a sufficient rent. Further, there was an abun- dance of remunerative repair work for builders. There- fore, a subsidy was essential to secure the assistance of private individuals and builders to relieve the present great shortage of houses. THE HOUSING (ADDITIONAL POWERS) ACT, 1919 107 Certain other concessions could be made to them in certain circumstances, notably as to the number of houses to the acre. Dr. Addison said : " We have allowed, in some cases, even under the [previous] Bill, in urban areas up to as many as twenty houses per acre, although we have been very reluctant to go above twelve " {Hansard, 8th December 1919, col. 559). The Minister said : " The private builder can build more cheaply than the local authority." The subsidy to public utility societies was to be in- creased, as under the existing terms they could get very little or no return on their share of the capital. It was necessary to check luxury building. The Minister had several cases where a person wanting to put up an extravagant building had offered 2d. and 2d. per hour more for building labour than the rate current in the district, and in one such case the number of brick- layers employed on a housing scheme went down from 162 to 42. The proposal regarding housing bonds was intended to help local authorities to finance their own housing schemes by issuing bonds. The Minister was opposed to any suggestion that the Chancellor of the Exchequer should raise the money. Discussing the clause providing for the acquisition of land for the purpose of garden cities and town-planning schemes by the Minister as agent for local authorities or authorised associations. Dr. Addison said that experience had shown that if housing was to be done with proper foresight a good many schemes of this character would have to be undertaken. The London County Council had recently acquired 3,000 acres on the north side of the Thames, to the east of the city ; but in many cases the powers in the clause were necessary, as for instance in South Wales, where the proper thing was to have a group- ing of authorities and to have residential quarters at the end of valleys with road communications towards the 108 LAW AND PRACTICE WITH REGARD TO HOUSIN^G collieries, rather than perched in difficult positions on the hill- sides at great cost. The subject of the difficulty experienced by some local authorities in raising the necessary money for their housing schemes, had been inquired into by the Treasury Committee on Housing Finance (Mr. W. H. N. Goschen, chairman), which in its interim report (Cmd. 444], dated 27th November 1919, recommended that mortgage loans of local authorities be constituted a trustee security, that they have power to issue local bonds as a trustee security, and that the onus of finding the capital necessary for housing remain on them. It also recommended that the local bonds should be accepted at their face value from people purchasing houses from the local authority, in which connection it may be noted that it was the policy of the Ministry to encourage people to own the houses in which they live. The Government adopted these recommendations almost entirelj^, and incorporated the necessary provisions in the new Bill. A Bill to extend the subsidy period and to strengthen the provisions affecting luxury building, is to be intro- duced in the first parliamentary session of 1921. CHAPTER VIII THE POSITION OF THE PRIVATE BUILDER The term " private " builder has latterly and popularly been used by way of distinction from the public body, e.g. the local authority. It means, the " speculative " builder ; the " contract " builder ; and the building- owner. During the war, when the subject of the shortage of houses was officially enquired into (see the Report of the Tudor Walters' Committee, Cd. 9191), it was apparent that the local authorities would have to undertake to provide houses on a large scale. But at that early stage it was hoped that the private builder, or private enterprise, would also be made use of. The private builder, principally in mind in this connection, was the speculative builder, who, as principal, and on his own account, built houses with the object (primarily) of selling them at a profit. There was also the private person, who, though not a builder himself, engaged a builder to erect houses for him, usually on contract, such houses being intended either to be sold or to be let. In the past more than 90 per cent, of working-class House- houses have been built by private enterprise, mostly before the by speculative builders. The usual plan has been for a war. builder to purchase an estate, or several sites according to the scale of his business, and to build a few houses at a time. He obtained temporary financial assistance from a bank, a solicitor, a builder's merchant, or a building society, and sold the houses as soon as possible after completion. It was essential to the continuance of 109 110 LAW AND PRACTICE WITH REGARD TO HOUSING his business that he should have a ready sale, for only in this way could he turn over his capital. He almost always expected to make some profit on the retailing of the land, which he had usually purchased wholesale : in many cases he sold the houses at cost and made his profit by the creation of improved ground rents. The subsidy For some years before the war, conditions had been question. hardening against the private builder, and after the war he was not prepared to resume the building of houses for the working classes : apart from anything else, the cost of building had so greatly increased that there was hardly a possibility of getting an economic rent for any new houses, and so no profit would be obtained on such building. That indeed was the general trouble, and the Government had long foreseen, for this and other reasons, that the provision of such houses would have to be at least augmented by the efforts of local authorities, and would have to be subsidised. Here a further trouble arose. There was at that time a very strong objection to subsidising a private indi- vidual, and when the Bill was introduced the grant of a sum of money to a private individual was not then attempted. The Housing, The Housing, Town Planning, &c., Act, 1919, does, Town however, contain provisions of interest to the private &c., Act, builder. It makes it possible for him to help in the provision of houses. Section 12 (2) (a) empowers the local authority to acquire land and to " lease or sell it with a view to the erection thereon of houses for the working classes by persons other than the local authority." It can thus acquire, by compulsion if necessary, land which the private builder could not get, at a reasonable price. When, with the consent of the Minister of Health, the local authority so sells or leases the land, it will be under the condition that the private builder THE POSITION OF THE PRIVATE BUILDER 111 will erect and maintain thereon such number of houses suitable for the working classes as may be fixed by the local authority in accordance with plans approved by them (section 15 (1) (6) ). The conveyance or lease must contain the necessary covenants for the above purposes and limit the amount of rent which may be charged , . . and the local authority may contribute towards the expenses of the development of the land and the laying out and construction of streets thereon, subject to the condition that the streets are dedicated to the public (section 15 (2) ). But section 12 (3) is probably more attractive. It Builder may provides that subject to the conditions of the Minister ijouggg fo^ of Health a local authority may agree to purchase or s^-le to the take on lease working-class houses whether built at the authorities, date of the agreement or intended to be built thereafter. There are advantages to the builder, to the local authority, and to the public in this provision. After the local authority have approved the site and general outline of the proposals, they can leave it to the con- tractor to obtain the official approvals necessary at the various stages (site, plans and cost), though they must maintain some supervision. The section also enables the local authority to utilise the services of small builders who will not be in a position to tender for big contracts, or who do not care for contract work under detailed specifications and quantities. In general, builders who know local conditions and requirements, and who prefer the fuller measure of elasticity in the private builder's arrangements — including the substitution of a different material or fitting (equally good and possibly better) — may be fully accommodated. Further, large contractors might run an arrangement of the kind under discussion, concurrently with their other operations. The local authority may indicate the type of house, The elas- taking as instances the plans in the official Manual on ^^^^^^ ^"*^. ^ ^ ireedoin of State- Aided Housing Schemes, or other plans which have the system. 112 LAW AND PRACTICE WITH REGARD TO HOUSING received official approval; or may agree to houses of the type which the builder has already built. The builder will agree to build accordingly at a certain cost per house. The local authority will apply to the Ministry for approval of the agreement, which should include a time limit for the completion of the houses, and on this being obtained the builder will proceed. Some further particulars are given in Circular 39 and Enclosure B therewith. It may be said that this section 12 (3) is not of great value in view of the offer in the Housing (Additional Powers) Act, 1919, of a direct subsidy to the private builder. To some extent this is true, but whereas the latter subsidy is temporary, section 12 (3) is permanent. Many hundreds of houses have been built under the provisions of the section. The contract builder pure and simple is also dealt with in Circular 39 and in Enclosure A therewith. By-laws and By section 23 of the 1919 Act bricks or building other pro- material acquired by a Government department may, visions of the i. ^ r ^ j 1919 Act. until 31st July 1924, be sold, subject to conditions, to any person who undertakes to use them forthwith for the erection or improvement of working-class houses, at a price sufficient to cover the cost of replacement. This provision is perfectly general. Section 24 provides, briefly, that the private builder is not bound by more restrictive by-laws than operate to affect the new schemes of the local authority. The said new schemes, when approved by the Minister of Health, supersede the local by-laws to any necessary extent. The subject arises again under the Housing (Additional Powers) Act, 1919 (see the official document on page 119). Section 25 makes further provision for the relaxation of building bj-laws. Regulations have been made on the subject (see page 565). THE POSITION OF THE PRIVATE BUILDER 113 But notwithstanding these provisions of the Housing, Town Planning, &c.. Act, 1919, the speculative builder and the building owner did not come forward to any appreciable extent. The summer and autumn of 1919 passed, and it became clear that the provisions of this Act needed supplementing. Those who had knowledge of the difficulties and the preliminary work required, had not expected a great output of houses by the local authorities during 1919 ; but the private builder who had his sites already partly developed, and who was otherwise in a better position to make an early start, was apparently not attracted by the terms. The Government, therefore, took the unusual step of The Housing offering a State subsidy to the private builder who built ^^ditionaJ houses for the working classes. The Prime Minister ad- Act, 1919. dressed representatives of the Building Trades' Industrial Council on 16th December 1919, and explained the reasons. There was a feeling against subsidising the private man. It was only when they found that they could not get the houses that the Government were in a position to make an offer to the private builder. The delay was inevitable in order to convince the public that it was necessary to take a step never taken in the whole experience of this country. Legislation was necessary for this purpose, and the Housing (Additional Powers) Bill, 1919, was introduced and rapidly passed by Parliament, receiving the Royal Assent on 23rd December 1919. The Act is given in full on page 3 68, and a summary of it appears on page 105. The conditions, and a general explanation of the procedure, are given in the official document prmted on the next page, and a free explanatory pamphlet — How to Get a House of Your Oion — can be obtained from any Housing Commissioner, or from the Ministry of Health, Whitehall, S.W.I. The private buUder is affected by section 5 also, which deals with the prohibition of building operations 114 LAW AND PRACTICE WITH REGARD TO HOUSING in so far as they interfere with the provision of dwelling- houses ; or, more popularly, the section checks "luxury " building. The regulations made under the section are printed in full on pages 684 and 694. GRANTS TO PRIVATE PERSONS OR BODIES OF PERSONS CONSTRUCTING HOUSES UNDER THE HOUSING (ADDITIONAL POWERS) ACT, 1919 1. Grants will be made by the Minister of Health under the Housing (Additional Powers) Act, 1919, to persons or bodies of persons who construct houses in accordance with the conditions set out below and who begin the construction of such houses within twelve months of the passing of the Act (viz. within twelve months of the 23rd of December 1919') and who com- plete the same within that period or such further period not exceeding four months as the Minister may in any special case allow. No grant can be made in the case of any house the construction of which was begun before the passing of the Act. The total amount of grants to be paid for the United Kingdom will not exceed £15,000,000, and should the number of applications received by the Minister give rise to the expectation that the total sum available for England and Wales will be exceeded, it will of course be necessary to take steps to secure that an undue proportion of the total amount is not distributed to a particular area. 2. The amount of grant payable in the case of houses the construction of which is begun on or after 1st April 1920, and completed within twelve months of the passing of the Act as above will be : — (a) In respect of houses containing two living-rooms (i.e. living-room and parlour) and three or four ^ The period is to be extended for a further twelve months. THE POSITION OF THE PRIVATE BUILDER 115 bedrooms and comprising not less than 920 feet superficial area — £260 per house. (6) In respect of houses containing one living-room and three bedrooms, and comprising not less than 780 feet superficial area — £240 per house. (c) In respect of houses containing one living-room and two bedrooms, and comprising not less than 700 feet superficial area — £230 per house. In the case of one-storey cottages, or bungalows, the minimum superficial areas referred to in paragraphs (a), (6) and (c) above may be reduced by 70 feet super. No grant will be made in respect of any house with more than four bedrooms or which has a superficial area in excess of 1,400 feet. The superficial area will be measured by taking the com- bined areas of both storeys measured within the external or containing walls of the house. A cellar shall not be taken into account, but any habitable accommodation provided as an attic must be included. Subject to the express sanction of the Minister, grants will be available for houses buUt in flats of two or more storeys in height in areas where there is a demand for accommodation of this kind. Each flat which complies with the conditions as to superficial area and accommoda- tion will be treated as one house. In calculating the superficial area, the minimum areas referred to in para- graphs {a), (6) and (c) may be reduced by 70 feet super, but the space occupied by a staircase shall be excluded. The number of two-bedroom houses in any district in respect of which a grant will be made shall not, without the express sanction of the Minister, exceed 5 per cent, of the total number of houses for which grant will be payable. If a form of construction is employed for which, in the case of a local authority's scheme, the Ministry of Health would not sanction a loan for a period exceeding 116 LAW AND PRACTICE WITH REGARD TO HOUSINQ forty years, the amount of grant per house will be re- duced by one-third. 3.' In the case of any house begun within twelve months after the passing of the Act but not certified by the authorised officer of the local authority to have been completed fit for occupation (see Schedule III) within that period, no grant can be made unless the house is completed within sixteen months after the passing of the Act, and then only if the Minister in any special case allows such payment. If in such a case the Minister allows a grant, the grant (unless the Minister is satisfied that the failure to complete the house within twelve months after the passing of the Act is due to circum- stances over which the person constructing the house had no control) will be proportionately reduced, i.e. : — (a) If the house is completed in the thirteenth month after the passing of the Act, a reduction of one- twelfth of the appropriate figure in paragraph 2, above. (6) If completed in the fourteenth month, a reduction of two- twelfths, (c) If completed in the fifteenth month, a reduction of three-twelfths. {d) If completed in the sixteenth month, a reduction of four-twelfths. 4. The planning of the houses must comply with Part I of Schedule I below. The construction of the houses must not fall below the standard prescribed under Parts II and III of Schedule I. Procedure which must be followed by persons or bodies of persons applying for grants 5. Plans shall be submitted to the local authority of the district in which it is proposed to erect the house or houses, in the form required by the by-laws (if any) 1 The periods mentioned in this paragraph are to be extended by twelve montlas. THE POSITION OF THE PRIVATE BUILDER 117 in force with regard to new streets and buildings or by any local Act. In every case, whether by-laws are in force or not, there shall be submitted to the local authority by the person, or persons, proposing to construct the houses : — {a) a block plan in duplicate drawn to a scale of 1/500 showing the lay-out, roads and sewers ; (b) complete plans and sections in duplicate of the proposed house or houses drawn to a scale of not less than eight feet to one inch ; (c) where the houses are to be built of brick or stone, an undertaking in writing that the standard of construction will be in accordance with Part II of Schedule I or equivalent thereto ; and (d) where some other form of construction approved by the Ministry of Health is proposed, a description of the method to be adopted and an under- taking that the form of construction will be carried out strictly in the form approved by the Ministry and that the standard of construction will comply with the conditions in Part II of Schedule I so far as they are applicable. 6. On receipt of -such plans and undertakings and descriptive note, the local authority shall cause them to be examined with all possible speed, and, subject to the compliance of the plans with the conditions set out in Schedule I, below, and with paragraph 2, above, shall issue a certificate (Certificate A) under the hand of their clerk, surveyor, or other duly authorised officer of the local authority, in the form set out in Schedule II, below, accompanied by one set of the plans and sections marked with their approval. If any dispute arises as to the approval of plans, number of houses per acre, or methods of construction, the question shall be referred to the Housing Commissioner of the region in which the houses are proposed to be erected for decision. Upon the application, however, of either party, the Commissioner 118 LAW AND PRACTICE WITH REGARD TO HOUSING shall submit the question for the decision of the Minister. 7. When the houses have been completed, the person or body of persons constructing the houses shall apply to the local authority of the district in which the houses have been erected for a certificate that they have been completed in a proper and workmanlike manner and the local authority shall at once cause the houses to be examined and, if satisfied, shall issue a certificate (Cer- tificate B) under the hand of their clerk, surveyor, or other authorised officer in the form set out in Schedule III. If the local authority refuse or neglect to grant such a certificate appeal may be made to the Minister of Health, through the Housing Commissioner, who, if satisfied that the appeal is justified, will himself issue the certificate. 8. The local authority may require the applicant to give an undertaking in writing to pay to them, in respect of any expenses incurred by them in the examination of plans and other works involved, in connection with the applications, a fee not exceeding £3 35. (three guineas) for each type of house for which separate plans are required, provided that where more than three houses are to be erected to the same plan a fee not exceeding £1 Is. (one guinea) per house may be charged. The fee will be payable after Certificate B has been issued. 9. When any person or body of persons constructing houses has received both the Certificates A and B re- ferred to in paragraphs 6 and 7, above, he shall forward each of the original certificates, together with a written application made on the back of Certificate B for the sum of money to which he claims to be entitled, to the Secretary Ministry of Health, Whitehall, London, S.W.I. 10. The Minister when satisfied as to the correctness of the application will pay the amount due. 11. The local authority shall give a serial number to the Certificates A. and B. The certificates shall be issued in triplicate, one copy being sent to the Housing THE POSITION OF THE PRIVATE BUILDER 119 Commissioner, and one copy being retained by the local authority. 12. No certificate shall be issued in respect of any house in respect of which any payment out of moneys pro- vided by Parliament may be made under section 7 or section 19 of the Housing, Town Planning, &c., Act, 1919. 13. In the Administrative County of London the existing jurisdiction of the London County Council, the District Surveyors, the Common Council of the City and the Metropolitan Borough Councils with regard to buildings will remain in force in so far as such juris- diction is not inconsistent with the conditions contained in Schedule I ; and consequently the existing procedure will remain unaltered as regards the submission of plans and other matters. Applications for Certificates A and B, accompanied by the plans and other particulars required under paragraph 5, should be made to the London County Council through the district surveyor of the district in which it is proposed to build, and these applications will be dealt with by the London County Council, who are the local authority for the Adminis- trative County of London (including the City) for this purpose. Ministry of Health, Whitehall, S.W.I. September 1920. schedule i Conditions prescribed by the Minister of Health AS TO the Planning and Construction of Houses in respect of which Grants may be made under Section 1 of the Housing (Additional Powers) Act, 1919 In so far as the provisions of any building by-laws are inconsistent with the conditions in this Schedule, such provisions shall not apply in respect of houses which comply with these conditions but otherwise such provisions shall apply. 120 LAW AND PRACTICE WITH REGARD TO HOUSING PART I — PLANNING (a) Number of houses per acre. The number of houses per acre should not exceed eight in agricultural areas or twelve in other areas. On land partly developed, how- ever, it will be within the discretion of the local authority to allow a larger number, provided that in no case shall the number of houses per acre exceed twelve in agriciiltural areas, or twenty in otlier areas, without the express authority of the Minister, In calculating the number of houses per acre each tenement will count as a house. (b) The number of houses built in one continuous terrace shall not exceed eight, except with the approval of the local authority. (c) Height of rooms. No house shall be approved which contains a living-room or a bedroom of a less height than 8 feet. In the case of a room partly in the roof, the height of 8 feet shall apply to not less than two- thirds of the area, and no height shall be less than 5 feet. The local authority shall not insist on a greater height than has been determined in the case of any house in their area comprised in an assisted scheme under the Housing, Town Planning, &c.. Act, 1919, and approved by the Ministry of Health, and where no relaxation of the height prescribed by the by-laws (if any) in force has been made in the area of the local authority a greater height than 8 feet shall not be required. (d) Baths and iv.cs. No house to which a sufficient water supply and drainage is available shaU be approved unless a bath and w.c. are provided. Where no drainage is available an earth-closet must be provided. (e) It shall be open to the local authority, where it appears to them desirable, to approve proposals with regard to the level, width and construction of streets which do not comply in all respects with the building by-laws in force. THE POSITION OF THE PRIVATE BUILDER 121 (/) It shall be open to the local authority, where it appears to them desirable, to permit the drainage of not more than fourteen houses in any one case by a common drain, without requiring separate intercepting traps and ventilation for each house. PART II — CONSTRUCTION WHEN HOUSES ARE BUILT IN BRICK, STONE OR CONCRETE Houses should comply with the standard of construction required by the following specification. It is intended, however, that the normal methods and materials which are customary in each particular district shall be adopted to the extent that such methods and materials do not fall below the standard hereby prescribed. Specification Foundations. The foundations are to be of sufficient depths to secure a firm bottom. Where in the opinion of the local authority the nature of the soil requires it, adequate foundations of concrete must be provided not less than 6 inches thick, 12 inches wider than the base of external and party walls, and 9 inches wider than internal walls. The concrete to be composed of one part of good Portland cement to not more than eight parts of good clean aggregate. Other suitable founda- tions which are approved by the Ministry can be used. Surface concrete. Where in the opinion of the local authority the nature of the soil requires it, the whole site of the buildings should be covered with a bed of cement or other suitable concrete not less than 4 inches thick. Drains. The drains, sanitary work, and plumbing are to be laid out and constructed to the approval of the local authority. Bricks. All bricks are to be good, hard, well-burnt, common bricks ; facing bricks and particularly those below the damp course are to be such as will not scale or perish. Where London stocks can be obtained, approved grizzles 122 LAW AND PRACTICE WITH REGARD TO HOUSING or place bricks may be used for party walls and internal walls carrying no weight. Approved old bricks, where available, may also be used. Mortar. Mortar is to be composed of one part of good lime and not more than three parts of sand, or of one part of Portland cement to four parts of sand. Brickwork. No main external brick wall is to be less than 9 inches thick if solid, or if hollow than two 4J-inch brick walls with a 2-inch cavity and with galvanised iron ties, two at least for every superficial yard. Cavity walls may also be constructed 9 inches thick with bricks on edge having headers and stretchers alternating in each course. The external face of this wall must be rendered in cement or finished roughcast. In exposed situations, external solid walls must be rendered in cement or hydraulic lime or finished roughcast, or other- wise adequately protected. All division ground floor walls carrying upper floor joists are to be 4|-inch brick. The joints of all brickwork to be filled solid with mortar and well flushed up. Stone walls. Stone walling may be substituted for brickwork, in which case it must be at least 12 inches in thickness. Damp courses. Lay adequate damp courses the full thicknesses of all walls. Other methods of wall construction. (1) Houses framed in hardwood constructed in accordance with the Ministry's specification for cottages of timber construction, and covered with hardwood weather- boarding of the specified scantling, hanging tiles, natural slates, or cement ren- dering not less than 1 inch thick. If the cement rendering is applied under pressure the framing may be of deal. (2) Concrete houses must be either built to a special method of construction approved by the Ministry or in accordance with the Ministry's Standard Specification. (3) In a cavity wall 4|-inch brickwork or 3- inch brick THE POSITION OF THE PRIVATE BUILDER 123 on edge, built in cement mortar with adequate wall ties can be substituted for one of the concrete faces of cavity walls specified in the Ministry's Standard Concrete Specification. (4) A solid wall may also be composed of two thick- nesses of clinker slabs, with the space between filled in with poured concrete, the total thickness of the un- plastered wall being not less than 8 inches. A wall built in this manner must be finished on the outside roughcast or rendered in cement. (5) Reinforced concrete may be employed, provided it complies with the recognised practice in this type of construction, and is approved by the local authority. (6) Solid ballast concrete walls 4 inches thick may be used for bungalows of one storey, and 6 inches for two storey cottages, provided that a cavity of at least 2 inches is left between the concrete and an inner or outer lining, and the cavity is ventilated top and bottom, with air spaces through the wall battens to prevent dry rot. In a timber-framed house brick nogging may be used where a 2-inch cavity is provided in accordance with the above. Inner lining of ivalls and ceilings. Walls and ceilings of living-rooms and bedrooms should be either plaster or covered with fibrous plaster slabs, compressed sheeting, or framed panelling other than matchboarding. Timber generally. All timber is to be sound, free from wrack or dead wood, and suitable for its purpose. The timber for carcassing to be of suitable building quality, reasonably seasoned, and not inferior to good fourth Swedish classification. Equal qualities in Finnish or Russian timber, spruce, red pine, pitch pine, Oregon pine, British Columbia pine, or suitable home-grown timbers may be used. The timber for joinery to be of suitable joinery quality, well seasoned and dry, and not inferior to good third Swedish or White Sea classification. 124 LAW AND PRACTICE WITH REGARD TO HOUSING Floor joists. Wood floors to be constructed with joists spaced not more than 14 inches apart, and of the following scantlings, or with scantlings of equal strength : — Length of bearing not exceeding 5 feet 6 9 10 11 12 Dimensions. Inches. Inches. 4x2 4i X 2 5^ X 2 6x2 6i X 2 7" X 2 8x2 |-inch Trimmers and trimming joists are to be thicker than the other joists. One row of herring- bone strutting to be provided for bearings exceeding 8 feet. Joists 6-inch by 2-inch can be allowed where the span does not exceed 10 feet, provided a row of 6-inch by 2-inch solid strutting is fixed across the centre of the span, and joists 7-inch by 2-inch can be accepted in lieu of 8-inch by 2- inch where the span does not exceed 12 feet, provided a row of 7-inch by 2-inch solid struttings is fixed across the centre of the span. Roofs. The roofs to be constructed with rafters spaced not more than 14- inch apart and of the following scant- lings or of equal area and suitable depths : — Dimensions. Inches. Inches. 3x2 Length of bearing not exceeding 5 feet 99 99 ?» ^ »y 7 „ 8 „ 9 ., 3.V X 2 4x2 4i X 2 5x2 Where necessary, suitable purlins, hips and valleys to be provided. These scantlings may be reduced where the minimum sizes specified in the local authority's by-laws allow of such reduction. Hoof coverings. Roofs to be covered with tiles, slates or other suitable fire-resisting material. THE POSITION OF THE PRIVATE BUILDER 125 Thatch will be accepted subject to compliance with the conditions contained in the Ministry's (Temporary Relaxa- tion of Building By-La.ws) Regulations, 1920. Rendering. The faces of brickwork or walling over smoke flues passing through floors, ceilings, and in roof spaces, to be roughly rendered with cement mortar. Footings. Footings need not be required at the base of the wall where the building is not more than two storeys high, exclusive of attics, provided that the wall rests upon a layer of cement or other suitable concrete of sufficient thickness and strength laid on the solid ground, or some other solid and sufflcient foundation. Eaves gutters. Eaves gutters are to be cast-iron, the joints made in red lead and bolted, fixed on suitable brackets, or screwed to rafters, or fascias. Compressed asbestos gutters, not less than |-inch in thickness, painted or coated in pitch on the inside, or properly framed wood gutters not less than 1-inch thick, coated with pitch on the inside, may be used as an alternative. Fall pipes. All the fall pipes are to be cast-iron or com- pressed cement asbestos not less than f-inch thick, or framed up in wood not less than 1 inch in thickness and coated with pitch on the inside. Soil pipes. All the soil and ventilating pipes to be Scinch cast-iron, dipped in Dr. Angus Smith's solution, the joints caulked and run with lead. PART III — OTHER FORMS OF CONSTRUCTION (a) Grants will also be payable in respect of houses built in accordance with any special form of construction approved by the Ministry of Health and notified as approved in the journal Housing. (6) Where a special form of construction including houses built of wood is adopted it must be carried out strictly in the form approved by the Minister and must comply with the conditions in Part II of this Schedule so far as they are applicable. 126 LAW AND PRACTICE WITH REGARD TO HOUSING (c) Houses of timber construction must comply with the Ministry's Standard Specification for Cottages of Timber Construction, so far as the framing and covering are concerned and otherwise with the Specification in Part II of this Schedule. (Old sound material may be re-used if the scantlings are equal to those described in the above-mentioned specification.) SCHEDULE II Certificate A To he prepared in triplicate — one copy to he sent at once to the Housing Commissioner Certificate of Approval of Proposals to construct Houses under Section 1 of the Housing (Addi- tional Powers) Act, 1919 Note. — This certificate must be carefully preserved by the person or body of persons to whom it is granted, and must be sent to the Ministry of Health (to be retained by them) together with the first Certificate B issued in respect of the houses certified therein. To Certificate No of This is to certify that the council have approved the block plans and sections and the method of construction submitted to them on , 19 , by of in respect of the houses described below. And that the s&id plans and sections and method of con- struction comply with the conditions prescribed by the Minister of Health as to the planning and construction of houses, in respect of which grants may be made under section 1 of the Housing (Additional Powers) Act, 1919, and are in material accordance with the conditions as to the number of houses per acre and the standards of structural stability and sanitation approved by the Minister in the case of schemes by local authorities. THE POSITION OF THE PRIVATE BUILDER 127 Ajid that the method of construction — is a method which has been approved by the Minister ^ has been approved by the Housing Commissioner ^ And that, subject to the conditions set out below, the person or body of persons named above will be eligible for the grants which the Minister of Health may make under section 1 of the Housing (Additional Powers) Act, 1919. 2 Locality and Number of Houses. Accommodation provided (per house). Floor Space. 3 Method of Construction. Grant for which Description. Living- rooms. Bed- rooms. eligible (per house). £ s. d. The conditions referred to above are as follows : — (a) The houses when completed must be certified by the said council or, on appeal, by the Minister of Health to have been completed in a proper and workmanlike manner. (6) If the houses are not completed, fit for occupation, within twelve months of the 23rd December 1919, no grant will be payable unless the Minister of Health in any special case allows a further period not exceeding four months, and in such case the amount of the grant may be proportionately re- duced in the manner prescribed by the Minister. ^ Strike out the alternative which is inapplicable. Methods approved by the Minister include brick and stone, and forms of construction which have been notified as approved in the official journal Housing. - The locality and description must be sufficient for identification. 3 e.g. brick, concrete, wood, or any approved method of construction. If available, the trade name of the method should be given. 128 LAW AND PRACTICE WITH REGARD TO HOUSING (c) The houses to which this certificate refers shall be open to inspection at any time before the grant is paid by any duly authorised officer of the local authority or of the Minister of Health. Given under my hand this day of , 1920. Signed Clerk to the ^ Surveyor to the H council. Authorised officer of the) SCHEDULE III Certificate B To he prepared in triplicate — one copy being sent at once to the Housing Commissioner Certificate that Houses Constructed under section 1 of the Housing (Additional Powers) Act, 1919, have been Completed in a Proper and Work- manlike Manner. Certificate No Note. — This certificate must be carefully preserved by the person or body of persons to whom it is granted, and must be sent to the Ministry of Health in support of any claim for grant that may be made after the issue of this certificate. To of This is to certify that the following houses comprised in Certificate A numbered which was granted on 1920, by the council, have been completed fit for occupation in a proper and work- manlike manner, and in accordance with the particulars given in Certificate A. And that they were commenced and completed on the dates set opposite to each of them below. And that the houses as completed comply with the ^ Strike out inappropriate words. THE POSITION OF THE PRIVATE BUILDER 129 conditions prescribed by the Minister of Health under the above Act, 1 Locality and Description of Houses. No. Particulars of Houses. Floor Space. Date of Commence- ment. Date of Comple- tion. Amount of Stock. Given under my hand this day of 1920. Signed Clerk to the ^ Surveyor to the p council. Authorised officer of thej If this certificate does not include all the houses com- prised in the Certificate A referred to, this should be clearly stated. CLAIM FOR GRANT To the Secretary, Ministry of Health, WhitehaU, London, S.W.I. 1, , . ,, person — ^ bemgthe . , ^ „ We, body of persons to whom the above certificate has been granted, hereby make application for payment of grant(s) amounting to £ claimed me by — under the Housing (Additional Powers) Act, 1919, in respect of the houses covered by the above certificate. Signature Address Date ^ The locality and description must be sufficient for identification. ^ Strike out inappropriate words. 9 130 LAW AND PRACTICE WITH REGARD TO HOUSING SCHEDULE IV A Form of notification of Certificates ^ granted by the council relative to the construction of houses under section 1 of the Housing (Additional Powers) Act, 1919. To the Secretary, Notification No Ministry of Health, Whitehall, London, S.W.I. I beg to notify that (so many) Certificates ^ par- ticulars of which are given below, have been granted by the above-named council during the ■ -, — ended week 1920 Signed. Clerk to council. Date. Particulars of Certificates issued (1) (2) ^3> (4) (5) No. of (6) (7) (8) Class of Person or Locality and Houses of typo Type of Grant for which eligible. Date of Certificate. Serial body of per- description speci- house, e.g. com- (A or B). No. sonstowhom is sued. of houses. fied in Col. 2L.R.,3B.R. pletion. (6). -a o < (D 1 6 -a o « 4 Note :— (a) A separate form must be furnished in respect of each class of certificate. THE POSITION OF THE PRIVATE BUILDER 131 (6) The information in col. (4) must be sufficient for identification. (c) Notifications as to certificates A should be furnished monthly, and as to certificates B weekly. (d) Nil returns need not be furnished, but notifications should be nvunbered consecutively. SUPPLY OF GOVERNMENT BUILDING MATERIALS TO PRIVATE PERSONS Arrangements have been made under which persons building houses for the working classes will be enabled to obtain building materials through the Director of Building Materials Supply who is already supplying materials required for State-aided schemes. The follow- ing conditions will apply : — A certificate must be obtained from the clerk of the local authority or the Housing Commissioner of the Ministry of Health in whose district the houses are to be erected to the effect that : — (a) The material is required for the purpose of erecting or improving houses for the working classes ; (b) The development, design and construction are such as, having regard to the standards laid down by the Ministry of Health, the local authority or Commissioner approve : (c) The houses proposed to be erected are needed and the provision of the same in the manner pro- posed will, to that extent, relieve the programme of building by the local authority. It will be a condition of the contract of sale that the purchaser enters into a written undertaking to use the materials forthwith for the sole purpose of erecting or improving houses for the working classes. Application for the purchase of building materials should be made to the Director of Building Materials Supply, Ministry of Health, Imperial House, Tothill Street, Westminster, S.W.I, who will supply particulars and copies of the certificate and undertaking required. 132 LAW AND PRACTICE WITH REGARD TO HOUSING It is anticipated that the above arrangements will enable builders to effect a saving of 5 per cent, on their materials. The above sets out the conditions prescribed by the Ministry of Health with the consent of the Treasury under section 23 of the Housing, Town Planning, &c., Act, 1919. The form of certificate should be obtained by the applicant from the Director of Building Materials Supply. HOUSING OF THE WORKING CLASSES ACT, 1890 [53 & 54 Vict. Ch. 70.] ARRANGEMENT OF SECTIONS § 1. Short title of Act. Paut I. — Unhealthy Areas § 2. Definitions — 3. Application of Part I of Act. — Scheme by Local Authority : 4. Local authority on being satisfied by official repre- sentation of the unhealthiness of district to make scheme for its im- provement — 5. Official representation, by whom to be made — 6. Requisites of improvement scheme of local authority. — Confirmation of Scheme : 7. Publication of notices. Service of notices — 8. Making and confirmation of provisional order — 9. Costs to be awarded in certain cases — 10. Inquiry on refusal of local authority to make an improvement scheme. — Provision of Dwelling Accommodation for Working Classes displaced by Schem,e : 11. Requisites of improvement scheme as to accommodation of working classes. — Execution of Scheme by Local Authority : 12. Duty of local authority to carry scheme, when confirmed, into execution — 13. Completion of scheme on failure by local authority — 14. Notice to occupiers by placards — 15. Power of confirming authority to modify authorised scheme. — Inquiries with respect to Unhealthy Areas : 16. Inquiry on default of medical officer in certain cases — 1 7. Proceedings on local inquiry — 18, Notice of inquiry to be publicly given — 19. Power to administer oath. — Acquisi- tion of Land : 20. Acquisition of land — 21. Special provision as to compensation — 22. Extinction of rights of way and other easements — 23. Application of lands for accommodation of working classes. — Expenses : 24. Formation of improvement fund for purposes of Act — 25. Power of borrowing money for the purposes of Part I of Act. — General Provisions : 26. Provision in case of absence of medical officer of health — 27. Power of confirming authority as to advertise- ments and notices — 28. Power of confirming authority to dispense with notices in certain cases. Part II. — Unhealthy Dwelling Houses Preliminary: §29. Definitions: "Street." "Dwelling-house." "Owner." "Closing Order." — Buildings unfit for Human Habitation : 30. Representation by medical officer of health — 31. Representation on householders' complaint. — Closing Order ayid Demolition : 32. Duty of local authority as to closing of dwelling-house unfit for human habitation — 33. Order for demolition of house unfit for habitation — 133 134 LAW AND PRACTICE WITH REGARD TO HOUSING 34. Execution of an order for demolition, and provision &a to site — 35. Appeal against order of local authority — 36. Grant of charges by way of annuity to owner on completion of works — 37. Incidence of charge. — Obstructive Buildings : 38. Power to local authority to purchase houses for opening alleys, &c. — Scheme for Reconstruction : 39. Scheme for area comprising houses closed by closing order — 40. Provisions for accommodation of persons of the working classes. — Settlement of Compensation : 41. Provisions as to arbitration. — Expenses and Borrowing : 42. Expenses of local authority — 43. Provision aa to borrowing — 44. Annual account to be presented by the local authority. — Powers of County Councils : 45. Powers of county councils. — Special Provisions as to London : 46. Application of part of Act to London. — Supplemental : 47. Provision as to superior landlord — 48. Remedies of owner for breach of covenant, &c., not to be pre- judiced — 49. Service of notices — 50. Description of owner in proceed- ings — 51. Penalty for preventing execution of Act — 52. Report to local authority by county medical officer. Part III. — Working Class Lodging Houses Adoption of Part III : § 53. Definition of purposes of Labouring Classes Lodging Houses Act — 54. Adoption of this part of Act — 55. Provision in case of adoption by rural sanitary authority. — Execution of Part III by Local Authority : 56. Powers of local authority — 57. Acquisition of land — 58. Local authority may purchase existing lodging houses — 59. Erection of lodging houses — 60. Sale and ex- change of lands. — Management of Lodging Houses : 61. Management to be vested in local authority — 62. Byelaws for regulation of lodging houses — 63. Disqualification of tenants of lodging houses on receiving parochial relief — 64. When lodging houses are considered too expensive they may be sold. — Expenses and Borrowing of Local Authorities : 65. Payment of expenses — 66. Borrowing for purposes of Part III. — Loans to and Powers of Companies, Societies, and Individuals : 67 Loans by Public Works Commissioners — 68. Powers to companies — 69. Power to water and gas companies to supply water and gas to lodging houses — 70. Inspection of lodging houses — 71. Application of penalties. Part IV. — Supplemental § 72. Limit of area to be dealt with on official representation — 73. Provisions as to parts of Act under which reports are to be dealt with in county of London — 74. Amendment of 45 & 46 Vict. c. 38., as regards erection of buildings for working classes — 75. Condition to be implied on letting houses for the working classes — 76. Medical officer of health in county of London — 77. Power to local authority to enter and value premises — 78. Compensation to tenants for expense of removal — 79. Duties of medical officer of health — 80. Accounts and audit — 81. Power of local authority to appoint committees — 82. Application of purchase money — 83. Rates of loans by Public Works Loan Commissioners — 84; Application of certain provisions as to byelaws — 85. Local inquiries — 86. Orders, notices, &c. — 87. HOUSING OF THE WORKING CLASSES ACT, 1890 135 Service of notice, &c. on the local authority — 88. Prohibition on S. 1 (90). persons interested voting as members of local authority — 89. Penalty for obstructing the execution of Act — 90. Punishment of offences and recovery of fines — 91. Powers of Act to be cumulative 92. Definition of local authority, districts, local rate — -93. Definitions : " Land." " Sanitary district." " Sanitary authority." " Urban and rural sanitary authority." " Contributory place." " Superior court." " County of London." Part V. — Application of Act to Scotland § 94. Modification as respects reference to Scotch Acts — 95. Modifi- cations as regards legal proceedings in Scotland — 96. Miscellaneous modifications — 97. Provision as to superior of lands for purpose of Part II. Part VI. — Application of Act to Ireland § 98. Modification in application of Act to Ireland— 99. Adoption of Part III of Act by town commissioners of small towns in Ireland — 100. Incorporation of sections of 10 & 11 Vict. c. 16. for purposes of Part III of Act — 101. Power of making byelaws for labourers dwellings in Ireland. Part VII. — Repeal and Temporary Provisions § 102. Repeal of Acts — 103. Temporary provisions. Schedules. An Act to consolidate and amend the Acts relating to Artizans and Labourers Dwellings and the Housing of the Working Classes. [18th August 1890.] 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 : 1. This Act may be cited as the Housing of the Working short title Classes Act, 1890. ^"^ ^*'** This Act has been amended by the other Acts given in this volume, and throughout the amending Acts it is referred to as the principal Act (see page 2 for further notes). It is deemed to include any provisions of the 1909 and 1919 Acts which supersede or amend its pro- visions (section 47 (1) of the 1909 Act and section 40 of the 1919 Act). 136 LAW AND PRACTICE WITH REGARD TO HOUSING S. 2(90). PART I Unhealthy Areas Definitions, 2. In this part of this Act — The expression " this part of this Act " includes any confirming Act, and The expression " the Acts relating to nuisances " means — as respects the county of London and city of London, the Nuisances Removal Acts as de- fined by the Sanitary Act, 1866, and any Act amending these Acts ; and 29 & 30 Vict. as respects any urban sanitary district in England, * • ^' • the Public Health Acts ; and in the case of any of the above-mentioned areas, includes any local Act which contains any provisions with respect to nuisances in that area. Confirming Act. A confirming Act is not now neces- sary (see notes to section 8 hereof). The Nuisances Removal Acts were repealed and con- solidated by the Public Health (London) Act, 1891, which with its amending Acts must be regarded as here substituted. Urban Sanitary District. This part of this Act does not apply to rural districts (see section 3). Public Health Acts. See the Short Titles Act, 1896, and the Public Health (Ports) Act, 1896, the Public Health Act, 1896, the Public Health Act, 1904, the Public Health Acts Amendment Act, 1907, the Public Health Act, 1908, and the Public Health (Prevention and Treatment of Disease) Act, 1913. For other definitions see Index, and note the definition of " street " by section 48 of the 1909 Act. Application 3. This part of this Act shall not apply to rural sanj- of Part I of ^ T ^ • ^ Act tary districts, HOUSING OF THE WORKING CLASSES ACT, 1890 137 Now called "rural districts^' — see the Local Govern- s. 3 (90). ment Act, 1894, section 21 (2). Scheme by Local Authority 4. Where an official representation as herein-after Local mentioned is made to the local authority that within ^^ behlg^ a certain area in the district of such authority either — offiSairepre- (a) any houses, courts, or alleys are unfit for human sentationof habitation, or healthiness of district (6) the narrowness, closeness, and bad arrangement, to make scriGmQ for or the bad condition of the streets and houses or j^s improve- groups of houses within such area, or the want of ™®"*- light, air, ventilation, or proper conveniences, or any other sanitary defects, or one or more of such causes, are dangerous or injurious to the health of the inhabitants either of the buildings in the said area or of the neighbouring buildings ; and * that the most satisfactory method of dealing with the evils connected with such houses, courts, or alleys, and the sanitary defects in such area is an improvement scheme for the re-arrangement and reconstruction of the streets and houses within such area, or of some of such streets or houses, the local authority shall take such representation into their consideration, and if satisfied of the truth thereof, and of the sufficiency of their re- sources, shall pass a resolution to the effect that such area is an unhealthy area, and that an improvement scheme ought to be made in respect of such area, and after passing such resolution they shall forthwith proceed to make a scheme for the improvement of such area. Provided always, that any number of such areas may be included in one improvement scheme. * As altered by tho Housing, Town Planning, &c., Act, 1909, section 22, 138 LAW AND PRACTICE WITH REGARD TO HOUSING S. 4 (90). j[s herein-after mentioned. See the next section, and section 16. Local Authority. See page 234. As to joint action by local authorities, see section 38 of the 1909 Act, page 317 ; and as to committees appointed by local authorities for purposes of the Housing Acts — see section 81 hereof, page 225. Street includes court, alley, street, square or row of houses — see section 29 hereof and section 48 of the 1909 Act. Improvement Scheme. As to requisites of scheme — see section 6 hereof. As to London — see sections 72 and 73 hereof. Schemes under Part I are improvement schemes, under Part II reconstruction schemes. Sufficiency of their resources. Until 1922 at the earliest there will be little or no point in these words, inasmuch as if the improvement scheme provides for rehousing, as it usually will do (sections 6 (1) (c) and 11), the local authority will have no further burden in respect of it than a \d. rate — see section 7 of the 1919 Act — but before incurring any expenditure they must obtain the consent of the Minister of Health if they desire to obtain the State financial assistance. Generally. There is no statutory form of official representation, but a form suggested by the Ministry, a form of resolution of the local authority, and further useful information prepared by the Ministry, are given on pages 580 to 588, etc. The official representation must be in writing — section 79 (2) hereof. It should follow the exact words of this (amended) section as far as they apply to the particular case, and the medical officer should furnish the local authority with sufficient facts to enable the members properly to consider the representation. If satisfied of the truth of the representation the local authority must pass a resolution and forthwith make a scheme. As to default — see section 10 hereof, section 4 (1) of the 1903 Act, section 11 of the 1909 Act, and section 5 of the 1919 Act. The latter which empowers the Ministry to permit the county council to act, or to act itself, at the expense of the local authority will, doubtless, be the most useful. As to county districts — see section 6 of the 1919 Act. A member of the local authority cannot vote upon HOUSING OF THE WORKING CLASSES ACT, 1890 139 the resolution if it relates to any dwelling house, building s. 4 (90). or land in which he is beneficially interested — section 88 hereof. As to representation made to the London County Council — see sections 72 and 73 hereof. It should be noted that schemes under Part I (unhealthy areas) are larger in scope than those under Part II (un- healthy dwelling houses). It should also be noted that the representation is to certify that an improvement scheme is the most satis- factory method of dealing with the evils — not the only method. An amendment to this effect was made by section 22 of the 1909 Act. Before preparing a scheme relating to land within half a mile of a royal park or palace, or two miles of Windsor Parks or Castle, the local authority must com- municate with the Commissioners of Works — see section 74 of the 1909 Act and notes thereto. See also sections 8, 45 and 73 thereof as to donations of land, ancient monu- ments, &c., and commons, open spaces and allotments. Under section 13 of the 1919 Act there is power to acquire in advance lands in areas proposed for inclusion in improvement schemes, after a resolution has been passed under the present section. The Minister has power to require reports as to the exercise of a local authority's powers — section 37 of the 1909 Act, and section 6 of the 1919 Act. See section 17 of the 1909 Act as to the duty of a local authority to cause to be made from time to time inspection of their district. 5. (1.) An official representation for the purposes of Official re- this part of this Act shall mean a representation made by^whom\o' to the local authority by the medical officer of health ^® made, of that authority, and in London made either by such officer or by any medical officer of health in London. (2.) A medical officer of health shall make such repre- sentation whenever he sees cause to make the same ; and if * any justice * of the peace acting within the district for which he acts as medical officer of health, or * six * Asalteredby the Housing, Town Planning, &c., Act, 1919, 2nd schedule. 140 LAW AND PRACTICE WITH REGARD TO HOUSING S. 5 (90). or more persons liable to be rated to the local rate com- plain to him of the unhealthiness of any area within such district, it shall be the duty of the medical officer of health forthwith to inspect such area, and to make an official representation stating the facts of the case, and whether in his opinion the said area or any part thereof is an unhealthy area or is not an unhealthy area. Official Representation. See general note to section 4 hereof. It includes also the representation under section 16 hereof. Medical Officer. Including one acting temporarily — sections 26 and 79 (1) hereof. As to his power to enter premises — see section 36 of the 1909 Act. In case of complaint he must forthwith inspect (and report), even though well-acquainted with the area. In case of his default or of a representation adverse to the complainants, they may appeal to the Ministry, which may send an inspector — see section 16 hereof. Before amendment by the 1919 Act, the complaint was to be made by two or more justices or twelve or more local ratepayers. Any six or more ratepayers may appeal (not necessarily the same six as make the original complaint) — section 4 (2) 1903 Act. Requisites 6. ( 1.) The improvement scheme of a local authority shall of improve- . -, ^ ■ ^ ^ - ment scheme be accompanied by maps, particulars, and estimates, and authority. (<^) ^'^^J exclude any part of the area in respect of which an official representation is made, or include any neighbouring lands, if the local authority are of opinion that such exclusion is expedient or in- clusion is necessary for making their scheme efficient * ; and (6) may provide for widening any existing approaches to the unhealthy area or otherwise for opening out * As altered by the Housing, Town Planning, &c.. Act, 1919, section 23. HOUSING OF THE WORKING CLASSES ACT, 1890 141 the same for the purposes of ventilation or health ; s. 6 (90). and (c) shall provide such dwelling accommodation, if any, for the working classes displaced by the scheme as is required to comply with this Act ; and (d) shall provide for proper sanitary arrangements * ; and (e) may provide for any other matter (including the closing and diversion of highways) for which it seems expedient to make provision with a view to the improvement of the area or the general efficiency of the scheme, (2.) The scheme shall distinguish the lands proposed to be taken compulsorily. (3.) The scheme may also provide for the scheme or any part thereof being carried out and effected by f any person having such interest in any property comprised in the scheme as may be sufficient to enable him to carry out and effect the same, under the superintendence and control of the local authority, and upon such terms and conditions to be embodied in the scheme as may be agreed upon between the local authority and such person. Scheme . . , 3Iaps, particulars, and estimates. See the suggestions of the Ministry, printed on pages 580 to 588. By section 36 of the 1909 Act, there is power to enter the premises for the purpose of survey and valuation. Sche7ne efficie7it. Following these words in the Act before amendment were the words " for sanitary pur- poses." It follows that the exclusion or inclusion may be made to secure the efficiency from any point of view. * As altered by the Housing, Town Planning, &c., Act, 1909, section 23. f As altered by the Housing, Town Planning, &c.. Act, 1919, 2nd schedule. 142 LAW AND PRACTICE WITH REGARD TO HOUSING S. 6 (90). But land which does not carry insanitary houses, does not suffer the liabiHty to a reduced rate of compensation, on compulsory acquisition, set out in section 9 of the 1919 Act. In other words the compensation for neigh- bouring lands is on a different basis ; and for this reason (amongst others) the scheme should clearly indicate the " neighbouring lands." Formerly there was here a considerable difficulty often leading to much opposition and expense. The Acquisition of Land (Assessment of Compensation) Act, 1919, has lessened this, but it is still necessary to proceed with caution. Taken Compulsorily. See note to section 8 (5) below. Working Classes Displaced. See sections 11 (2) and 12 (3) hereof, and section 3 of the 1903 Act. Generally. With the consent of the owners of any right or easement which would be extinguished under section 22 hereof, clauses may be inserted, in the scheme for modifications, &c., in its application to the right or easement — section 27 of the 1909 Act. Paragraph (e) was added by section 23 of the 1909 Act. In subsection (3) the words printed after " effected by " were, by the 2nd schedule to the 1919 Act, substituted for the words " the person entitled to the first estate of freehold in any property comprised in the scheme or with the concurrence of such person " — in which connection sections 26 and 28 of the 1919 Act should be read. Section 12 (6) hereof also deals with any person having a sufficient interest in the land, carrying the improvement scheme into effect, but in that subsection there is no mention of the superintendence and control of the local authority, whereas under the present subsection, whether the scheme is effected by that person, or with his concurrence, there is such superin- tendence and control. Confirmation of Scheme Publication 7. Upon the completion of an improvement scheme of notices. . , ^^.t, p 1.1 the local authority shall* forthwith — {a) publish,* in a newspaper circulating within the district of the local authority, an advertisement * As altered by the Housing, Town Planning, &c., Act, 1919, 2nd schedule. HOUSING OF THE WORKING CLASSES ACT, 1890 143 stating the fact of a scheme having been made, the s. 7 (90). Hmits of the area comprised therein, and naming a place within such area or in the vicinity thereof where a copy of the scheme may be seen at all reasonable hours ; and (6) *serve a notice on every owner or reputed owner, Services of lessee or reputed lessee, and occupier, except tenants for a month or a less period than a month, of any lands proposed to be taken compulsorily, so far as such persons can reasonably be ascertained, stating that such lands are proposed to be taken compul- sorily for the purpose of an improvement scheme, and in the case of any owner or reputed owner, lessee or reputed lessee, requiring an answer stating whether the person so served dissents or not in respect of taking such lands ; (c) Such notice shall be served — (i) by delivery of the same personally to the person required to be served, or if such person is absent abroad, or cannot be found, to his agent, or if no agent can be found, then by leaving the same on the premises ; or, (ii) by leaving the same at the usual or last known place of abode of such person as aforesaid ; or, (iii) by post addressed to the usual or last known place of abode of such person. (d) One notice addressed to the occupier or occupiers without naming him or them, and left at any house, shall be deemed to be a notice served on the occupier or on all the occupiers of any such house. Advertisements . . . Notices. For forms, see pages 586 to 588, The Ministry has power to prescribe them, * As altered by the Housing, TownPlanning, &c., Act, 1919, 2ndschedule. 144 LAW AND PRACTICE WITH REGARD TO HOUSING S. 7 (90). and to dispense with them — section 41 of the 1909 Act. The notices must be signed by the clerk, &c. — section 86 (2) hereof. The notice does not affect the right of an owner as against adjoining owners who injure his easements — Dye v. Palman 62 J. P. 135. Owner . . . There is no definition in this part of this Act. Occupier . . . The words " except tenants for a month or a less period than a month " were added by the 1919 Act — see also the added proviso to section 12 (1) hereof — the effect being that such tenants will not have to be bought out. Lands proposed to be taken compulsorily. It is only in respect of such lands that notice has to be served. By section 93 hereof, " land " includes any right over land, but following the principle of Swainston v. Finn [1883] 48 L.T. (N.S.) 634, Badham v. Harris [1882] 45 L.T. (N.S.) 579, and Bedford v. Dawson [1875] L.R. 30 Eq. 353, it would appear that notice need not be served on the owner of any such right. See also section 22 hereof and note thereto. Requiring an answer. An answer need not be required from an occupier. There is no period fixed by the Act in which the answer should be given, and it does not appear that any detriment follows if no answer is given. The names of those who have dissented must accompany the petition — section 8 (2). Generally. The amendments in the section have eased and quickened the procedure. As to improvements made in the premises after publica- tion of the advertisement — see section 21 hereof. If the local authority changes its mind after advertise- ment and notice it is apparently not bound to take the land, but, at least, when the scheme has been confirmed — section 12 (1) — it must do so. On this point, however, it should be noted that any particular land might be excluded from the scheme by a modification thereof under section 15, and it does not appear that the owner would have any remedy. The Ministry require evidence of service of notices, &c. — section 8 (2), and see page 589. Service would appear to be good although the owner is known to have left the place — re Follick 97 L.T. 645, Service by post shall be deemed to be effected by properly addressing, HOUSING OF THE WORKING CLASSES ACT, 1890 145 prepaying and posting a letter containing the document, S. 7 (90). and, unless the contrary is proved, to have been effected at the time at which the letter would be deUvered in the ordinary course of post — Interpretation Act, 1889, section 26. Prepayment must be proved — Walthamstoiv U.D.C. V. Henwood [1897] 1 Ch. 41. 8. (1.) Upon compliance with the foregoing provisions Making and . . confirmation with respect to the publication of an advertisement and of provi- the service of notices, the local authority shall present a petition,* to the Local Government Board, praying that an order may be made confirming such scheme. Foregoing Provisions. See section 7 and notes thereto. Petition. See page 589, where the general instructions are given. (2.) The petition shall be accompanied by a copy of the scheme, and shall state the names of the owners or reputed owners, lessees or reputed lessees, who have dissented in respect of the taking their lands, and shall be supported by such evidence as the * Local Government Board * (in this part of this Act referred to as the con- firming authority), may from time to time require. Confirming Authority. Now the Ministry of Health, for England and Wales ; the Scottish Board of Health, for Scotland ; and the Irish Local Government Board, for Ireland. (3.) If, on consideration of the petition and on proof of the publication of the proper advertisements and the service of the proper notices, the confirming authority think fit to proceed with the case, they shall direct a local inquiry to be held in, or in the vicinity of, the area comprised in the scheme, for the purpose of ascer- taining the correctness of the official representation * Words here omitted were repealed by the Statute Law Revision Act, 1908. 10 146 LAW AND PRACTICE WITH REGARD TO HOUSING S. 8 (90). made as to the area and the sufficiency of the scheme provided for its improvement, and any local objections to be made to such scheme. Local Inquiry. See section 85 hereof. Subsection (8) below also deals with costs. Sufficiency of the Scheme. See page 137. As to persons displaced, see section 11 hereof. (4.) After receiving the report made upon such inquiry, the confirming authority may make a provisional order declaring the limits of the area comprised in the scheme and authorising such scheme to be carried into execution. Provisional Order. The order is no longer pro- visional, except in the rare case where section 73 of the 1909 Act applies. It does not require confirmation by Parliament — see section 24 of the 1909 Act and note thereto. Such an order cannot be renewed by the High Court— ^x parte Ringer [1909] 73 J.P. 436. (5.) Such provisional order may be made either abso- lutely or with such conditions and modifications of the scheme as the confirming authority may think fit, so that no addition be made to the lands proposed in the scheme to be taken compulsorily, and it shall be the duty of the local authority to serve a notice * of any provisional order so made in the manner and upon the persons in which and upon whom notices in respect of lands proposed to be taken compulsorily are required by this part of this Act to be served.* Modifications. Section 15 also deals with modifi- cations but those are after the scheme has been con- firmed. The modifications here dealt with are those shown to be necessary or desirable as the result of the local inquiry, e.g. the inclusion of certain lands as " neigh- bouring " rather than as " unhealthy " (section 6). Taken Compulsorily . See section 6 (2). The order * As altered by the Housing, Town Planning, &c., Act, 1919, 2nd schedule. HOUSING OF THE WORKING CLASSES ACT, 1890 147 cannot add to the lands proposed to be taken com- S. 8 (90). pulsorily, so that in framing its scheme the local authority must be careful in coming to a decision. Notice. Formerly it was necessary to serve a cojuj of the order, which is usually of a lengthy character. Required to he served. See section 7 hereof. The words " except tenants for a month or a less period than a month " originally appeared at the end of this sub- section — see section 7 (6) hereof. (6.) Repealed by the Housing, Town Planning, dbc, Act, 1909. This repealed subsection required provisional orders to be confirmed by Act of Parliament. (7.) The confirming authority may make such order as they think fit in favour of any person whose lands were proposed by the scheme to be taken compulsorily for the allowance of the reasonable costs, charges, and expenses properly incurred by him in opposing such scheme. Opposing, i.e. in connection with the local inquiry — subsection (3). The presumption is that the Ministry will fix the amount, but as to this and as to recovery see subsection (9) below. (8.) All costs, charges, and expenses incurred by the confirming authority in relation to any provisional order under this part of this Act shall, to such amount as the confirming authority think proper to direct, and all costs, charges, and expenses of any person to such amount as may be allowed to him by the confirming authority in pursuance of the aforesaid power, shall be deemed to be an expense incurred by the local authority under this part of this Act, and shall be paid to the confirming authority and to such person respectively, in such manner and at such times and either in one sum or by instalments 148 LAW AND PRACTICE WITH REGARD TO HOUSING S. 8 (90). as the confirming authority may order, with power for the confirming authority to direct interest to be paid at such rate not exceeding five pounds in the hundred by the year as the confirming authority may determine, upon any sum for the time being due in respect of such costs, charges, and expenses as aforesaid. See section 85 as to the costs of the local inquiry. See also sections 24 and 25 hereof, and subsection (9) below. (9.) Any order made by the confirming authority in pursuance of this section may be made a rule of a superior court, and be enforced accordingly. A Superior Court. In England, the Supreme Court — section 93. A rule of court is enforced as a judgment — 1 & 2 Vict. c. 110, section 18, in this case most effectively by mandamus. If the Ministry did not fix the amount allowed under subsection (7) above, the costs might be taxed in the usual way, on the order being made a rule of court. 9. (" Costs to be awarded in certain cases.") Re- pealed by the Housing, Town Planning, cfcc, Act, 1909. Inquiry on 10. Where an official representation is made to the local^autho- local authority with a view to their passing a resolution nty to make jj^ favour of an improvement scheme, and they fail to an improve- ^ ' "^ mentscheme. pass any resolution in relation to such representation, or pass a resolution to the effect that they will not proceed with such scheme, the local authority shall, as soon as possible, send a copy of the official representation, accompanied by their reasons for not acting upon it, to the confirming authority, and, upon the receipt thereof, the confirming authority may direct a local inquiry to be held, and a report to be made to them with respect to the correctness of the official representation made HOUSESTG OF THE WORKING CLASSES ACT, 1890 149 to the local authority, and any matters connected there- S. 10 (90). with on which the confirming authority may desire to be informed. See section 4 and notes thereto, and especially, sections 5 and 6 of the 1919 Act. See also section 85 hereof as to local inquiries. Provision of Dwelling Accommodation for Working Classes displaced hy Scheme 11. (1.) Repealed hy the Housing, Town Planning, Sc, Requisites of , _ , _ • no improvement Act, 1919, section ^3. scheme as to (2.) * A scheme shall, if the confirming authority so tion™f™° ** require (but it shall not otherwise be obligatory on the forking ^ ^ o »/ classes. local authority so to frame their scheme), provide for the accommodation of such number of those persons of the working classes displaced in the area with respect to which the scheme is proposed in suitable dwellings to be erected in such place or places either within or without the limits of the same area as the said authority on a report made by the officer conducting the local inquiry may require. See section 6 (1) (c) hereof. There is, however, not now a great deal of substance in this section, as under section 1 (1) of the 1919 Act it is the duty of the local authority " to consider the needs of their area with respect to the provision of houses for the working classes " and to submit schemes, &c. It is not generally intended that there should be re-housing on cleared unhealthy areas. Execution of Scheme by Local Authority 12. (1.) When the confirming Act authorising any Duty of local improvement scheme of a local authority under this carryscheme, part of this Act has been passed by Parliament, it shall firmed^°into * As altered by the Housing, Town Planning, &c., Act, 1919, section 33. ® 150 LAW AND PRACTICE WITH REGARD TO HOUSING S. 12 (90). be the duty of that authority to take steps for purchasing the lands required for the scheme, and otherwise for carrying the scheme into execution as soon as practic- able : * Provided that the local authority shall not be required to acquire any leasehold interest in any property comprised in a scheme which can be allowed to expire without unduly delaying the execution of the scheme.* No confirming Act is now necessary. The order made under section 8 (4) hereof is sufficient (see note thereto). As to purchasing the land — see page 156, section 20 hereof and section 7 (1), 9 and 13 of the 1919 Act. See also the Acquisition of Land (Assessment of Compensation) Act, 1919, page 495. As to default — see section 13 hereof and section 5 of the 1919 Act. See subsection (6) below for a case where purchase may not be necessary. (2.) They may sell or let all or any part of the area comprised in the scheme to any purchasers or lessees for the purpose and under the condition that such pur- chasers or lessees will, as respects the land so purchased by or leased to them, carry the scheme into execution ; and in particular they may insert in any grant or lease of any part of the area provisions binding the grantee or lessee to build thereon as in the grant or lease pre- scribed, and to maintain and repair the buildings, and prohibiting the division of buildings, and any addition to or alteration of the character of buildings without the consent of the local authority, and for the re-vesting of the land in the local authority, or their re-entry thereon, on breach of any provision in the grant or lease. See section 82 hereof as to application of the proceeds. The provisions set out in the grant or lease (see also subsection (4) below) may be enforced by action * Words added by the Housing, Town Planning, &c., Act, 1919, 2nd schedule. HOUSING OF THE WORKING CLASSES ACT, 1890 151 for specific performance — Wolverhampton Corporation v. S. 12 (90). Emmons [1901] 1 Q.B. 515. The new buildings would include factories, workshops and the like. (3.) The local authority may also engage with any body of trustees, society, or person, to carry the whole or any part of such scheme into effect upon such terms as the local authority may think expedient, but the local authority shall not themselves, without the express approval of the confirming authority, undertake the rebuilding of the houses or the execution of any part of the scheme, except that they may take down any or all of the buildings upon the area, and clear the whole or any part thereof, and may lay out, form, pave, sewer, and complete all such streets upon the land purchased by them as they may think fit, and all streets so laid out and completed shall thenceforth be public streets, repairable by the same authority as other streets in the district. Engage. This would include any reasonable agree- ment — see section 24 as to expenditure. It was clearly shown, many times, during the debates on the 1919 Bill, that it was not the general policy of the Ministry that re-housing should take place on these areas. Apparently the sale mentioned in subsection (2) above may take place either before or after the area is cleared. See also section 7 (1) of the 1919 Act. Compare the local authority's power to build under section 59 hereof. (4.) Provided that in any grant or lease of any part of the area which may be appropriated by the scheme for the erection of dwellings for the working classes the local authority shall impose suitable conditions and restrictions as to the elevation, size, and design of the 152 LAW AND PRACTICE WITH REGARD TO HOUSING S. 12 (90). Completion of scheme on failure by local authority. houses, and the extent of the accommodation to be afforded thereby, and shall make due provision for the maintenance of proper sanitary arrangements. See subsections (2) and (3) above, and section 11 (2) hereof. (5.) Repealed by the Housing, Town Planning, dkc, Act, 1909, 6tfi schedule. (6.) The local authority may, where they think it expedient so to do, without themselves acquiring the land, or after or subject to their acquiring any part thereof, contract with *any person having such interest in any land comprised in an improvement scheme as may be sufficient to enable him to carry out and effect the same* for the carrying of the scheme into effect by him in respect of such land. See section 6 (3) hereof. 13. If within five years after the removal of any buildings on the land set aside by any scheme authorised by a confirming Act as sites for working men's dwellings, the local authority have failed to sell or let such land for the purposes prescribed by the scheme, or have failed to make arrangements for the erection of the said dwell- ings, the confirming authority may order the said land to be sold by public auction or public tender, with full power to fix a reserve price, subject to the conditions imposed by the scheme, and to any modifications thereof which may be made in pursuance of this part of this Act, and to a special condition on the part of the pur- chaser to erect upon the said land dwellings for the working classes, in accordance with plans to be approved * As altered by the Housing, Town Planning, &c., Act, 1919, 2nd schedule. HOUSING OF THE WORKING CLASSES ACT, 1890 153 by the local authority, and subject to such other reser- S. 13 (90). vations and regulations as the confirming authority may deem necessary. See notes to section 12, and — as to modifications — sections 8 (5) and 15. Section 5 of the 1919 Act is important on the general subject of default of the local authority — see also section 11 of the 1909 Act. The power here is limited to the default in respect of land set aside for working men's dwellings. 14. (" Notice to occupiers by placards.") Omitted by the Housing, Toivn Planning, dbc, Act, 1919, 2nd schedule, and see 5th schedule hereof. 15. (1.) The confirming authority, on application Power of from the local authority, and on its being proved to authority^ to their satisfaction that an improvement can be made ^°horised in the details of any scheme authorised by a confirming scheme. Act, may permit the local authority to modify any part of their improvement scheme which it may appear inexpedient to carry into execution, but any part of the scheme respecting the provision of dwelling accommo- dation for persons of the working class, when so modified, shall be such as might have been inserted in the original scheme, (2.) Repealed by the Housing, Town Planning, d;c., Act, 1909. This permits modification by abandonment only, but section 25 of the 1909 Act permits amendment or addition " to the scheme in matters of detail in such manner as appears expedient to the Board." It may be antici- pated that the Board (Ministry) will take care even in these modifications in matters of detail, of the interests of persons thereby affected. There could be a local inquiry — section 85 hereof. Provision of dwelling accommodation. See section 11 hereof. 154 LAW AND PRACTICE WITH REGARD TO HOUSING S. 16 (90). Inquiry on default of medical officer in certain cases. Inquiries with respect to Unhealthy Areas 16. (1.) Where in any district *complaint has been made* to a medical ofificer of health of the unhealthiness of any area within that district, *by any person or persons competent under the foregoing provisions of this part of this Act to make such complaint,* and the medical officer of health has failed to inspect such area, or to make an official representation with respect thereto, or has made an official representation to the effect that in his opinion the area is not an unhealthy area, such *complainant or complainants as the case may be* may appeal to the confirming authority, and *the confirming authority may* appoint a legally qualified medical practitioner to inspect such area, and to make repre- sentation to the confirming authority, stating the facts of the case, and whether, in his opinion, the area or any part thereof is or is not an unhealthy area. The repre- sentation so made shall be transmitted by the confirming authority to the local authority, and if it states that the area is an unhealthy area the local authority shall proceed therein in the same manner as if it were an official representation made to that authority. i Competerit under the foregoing provisions. A justice of the peace or six ratepayers — see section 5 hereof and notes thereto. See the next subsection as to costs. Confirming Authority. The Ministry of Health, which apart from any appeal may require a report from the local authority — section 37 of the 1909 Act — or a report under section 6 of the 1919 Act. May appoint a legally qualified medical practitioner. The word " may " was originally " shall." As to this see section 26 of the 1909 Act, which allows any official * As altered by the Housing, Town Planning, &c., Act, 1919, 2nd schedule. HOUSING OF THE WORKING CLASSES ACT, 1890 155 of the Ministry to make the inspection or inquiry, and S. 16 (90). applies section 85 hereof. In the same rnaimer. See section 4 hereof. (2.) The confirming authority shall make such order as to the costs of the inquiry as they think just, with power to require the whole or any part of such costs to be paid by the appellants where the medical prac- titioner appointed is of opinion that the area is not an unhealthy area, and to declare the whole or any part of such costs to be payable by the local authority where he is of opinion that the area or any part thereof is an unhealthy area. In view of this the complainant or complainants may be advised not to make a formal appeal, and merely to ask the Ministry to use its large powers under section 5 (or 6 where it applies) of the 1919 Act. (3.) Any order made by the confirming authority in pursuance of this section may be made a rule of a superior court, and be enforced accordingly. See note to section 8 (9) hereof. 17. (" Proceedings on local inquiry,") Repealed by the Housing, Town Planning, &c.. Act, 1909. 18. (" Notice of inquiry to be publicly given.") Repealed by the Housing, Town Planning, &c., Act, 1909. 19. (" Power to administer oath.") Repealed by the Housing, Town Planning, d;c.. Act, 1909, Acquisition of Land 20. The clauses of the Lands Clauses Acts, with respect Acquisition to the purchase and taking of lands otherwise than by agreement shall not, except to the extent set forth in the Second Schedule to this Act, apply to any lands 156 LAW AND PRACTICE WITH REGARD TO HOUSING S. 20 (90). taken in pursuance of this part of this Act, but save as aforesaid the said Lands Clauses Acts, as amended by the provisions contained in the said schedule, shall regulate and apply to the purchase and taking of lands, and shall for that purpose be deemed to form part of this part of this Act in the same manner as if they were enacted in the body thereof ; subject to the provisions of this part of this Act and to the provisions following ; that is to say, (i.) This part of this Act shall authorise the taking by agreement of any lands which the local authority may require for the purpose of carrying into effect the scheme authorised by any confirming Act, but it shall authorise the taking by the exercise of any compulsory powers of such lands only as are proposed by the scheme in the confirming Act to be taken compulsorily : (ii.) In the construction of the Lands Clauses Acts, and the provisions in the Second Schedule to this Act, this part of this Act shall be deemed to be the special Act, and the local authority shall be deemed to be the promoters of the undertaking ; and the period after which the powers for the com- pulsory purchase or taking of lands shall not be exer- cised shall be three years after the passing of the confirming Act. Laiids Clauses Acts. The Interpretation Act, 1889, section 23, defines them. For England and Wales they are : the Lands Clauses Consolidation Act, 1845 ; the Lands Clauses Consolidation Acts Amendment Act, 1860 ; the Lands Clauses Consolidation Act, 1869 ; the Lands Clauses (Umpire) Act, 1883 ; and the Lands Clauses (Taxation of Costs) Acts, 1895. The clauses of the Lands Clauses Act " with respect HOUSING OF THE WORKING CLASSES ACT, 1890 157 to the purchase and taking of lands otherwise than by S. 20 (90). agreement " arc sections 18-68 of the Lands Clauses ConsoUdation Act, 1845. They do not apply to lands taken under this part of the present Act, for the words in the text " except to the extent set forth in the Second Schedule to this Act " have now no effect, as Article 27 of the Schedule (which formerly did set them forth) is now repealed. The present section may therefore be taken to read : " sections 18-68 of the Lands Clauses Consolidation Act, 1845, shall not apply," &c. Sections 21 and 22 (Compensation) and the Second Schedule hereof (Assess- ment) take their place — but see notes thereto. All the other sections in the Lands Clauses Acts, subject to section 34 of the 1909 Act, to the Second Schedule hereof, " to the provisions of this part of this Act, and to the provisions following " are to apply (see following notes and the Second Schedule). It may be noted that by section 121 of the 1845 Act, compensation is to be paid to tenants whose interest in the land is no greater than as tenants for a year or from year to year, if they are required to give up possession before expiry of their terms — see Wilkins V. Mayor of Birmingham [1883] 25 Ch. D. 78, and note a similar provision in section 10 (2) of the 1919 Act. This part of this Act. See section 2 hereof. It in- cludes a provisional order — section 8. Provisoes. For " confirming Act " read provisional order — sections 8 (4) and 12 (1). The powers of com- pulsion will lapse on the expiration of three years after the date of the provisional order. Generally. " Land " includes any right over land — section 93 hereof. Section 9 of the 1919 Act and the Acquisition of Land (Assessment of Compensation) Act, 1919, apply to the amount of compensation payable for land acquired compulsorily. 21. (1.) Whenever the compensation payable in re- special pro- . vision as to spect of any lands or of any interests m any lands pro- compensa- posed to be taken compulsorily in pursuance of this part of this Act requires to be assessed — 158 LAW AND PRACTICE WITH REGARD TO HOUSING S. 21 (90). (a) the estimate of the value of such lands or interests shall be based upon the fair market value, as esti- mated at the time of the valuation being made of such lands, and of the several interests in such lands, due regard being had to the nature and then con- dition of the property, and the probable duration of the buildings in their existing state, and to the state of repair thereof, without any additional allowance in respect of the compulsory purchase of an area or of any part of an area in respect of which an official representation has been made, or of any lands included in a scheme which, in the opinion of the arbitrator, have been so included as falling under the description of property which may be constituted an unhealthy area under this part of this Act ; and (6) in such estimate any addition to or improvement of the property made after the date of the publica- tion in pursuance of this part of this Act of an adver- tisement stating the fact of the improvement scheme having been made shall not (unless such addition or improvement was necessary for the maintenance of the property in a proper state of repair) be included, nor in the case of any interest acquired after the said date shall any separate estimate of the value thereof be made so as to increase the amount of compensation to be paid for the lands : and Generally. See notes to last section. It should be particularly noted that in so far as these provisions are inconsistent or in conflict with the provisions of section 9 of the 1919 Act they shall cease to apply to " un- healthy areas " — that is, these provisions apply only to HOUSING OF THE WORKING CLASSES ACT, 1890 159 neighbouring lands (land included in the scheme only s. 21 (90). for the purpose of making the scheme efficient and not on account of sanitary condition) proposed to be taken compulsorily (section 6). Further, the Acquisition of Land (Assessment of Compensation) Act, 1919, applies to the assessment of compensation ; and the rules therein contained (section 2) apply, except so far as they are inconsistent with the provisions of the present Act — see section 7 (1) thereof. For the most part the rules in the said section 2 are very similar to the present provisions, except that under the present provisions there can be an additional allowance for compulsory purchase of the neighbouring lands — Lord Mayor of Dublin V. Doivling [1880] L.R. Ir. 6 Q.B. 502. Lands. See section 93 hereof, but as to easements — see section 22, below ; and Great Western Railway Co. V. Swindon, cfcc. Railivay Co. [1884] 9 App. Cas. 787. As to land bearing rent charge in lieu of tithes — see the Tithe Act, 1878, section 1. Publication . . . of Advertisement. See section 7 hereof, and section 41 of the 1909 Act. Principles of Compensation. See general note above. The basis is the fair market value, and everything in connection with or affecting the market value will have to be considered. A covenant making a public-house a " tied-house " is to be taken into account if it adds to the market value — Chandler's Wiltshire Brewery Co., Ltd. V. London County Council [1903] 1 K.B. 569. Com- pensation could probably be given for loss of profits and goodwill — Lord Mayor of Dublin v. Dowling [1880] L.R. Ir. 6 Q.B. 502. Probably it could be awarded for loss occasioned to the owner by his being turned out, e.g. cost of removal, loss of profits while removing, and fixtures— Jw66 v. Hull Dock Co. [1846] 9 Q.B. 443. See also Dye v. Patman [1897] 62 J.P. 135, Higgins v. Lord Mayor of Dublin [1891] 28 L.R. Ir. 484, Wilkins v. Mayor of Birmingham [1884] 25 Ch.D. 78, Cranwell V. Mayor of London [1870] L.R. 5 Ex. 284, Leeds Corpor- ation V. Ryder [1907] A.C. 420 (an interesting case in connection with licensed premises) ; and Mills v. East London Union [1872] L.R. 8 C.P. 79. The Arbitrator. This will be the official arbitrator appointed under section 1 (1) of the Acquisition of Land (Assessment of Compensation) Act, 1919. 160 LAW AND PRACTICE WITH REGARD TO HOUSING S. 21 (90). (2.) On the occasion of assessing the compensation payable under any improvement scheme in respect of any house or premises situate within an unhealthy area evidence shall be receivable by the arbitrator to prove — (1st) that the rental of the house or premises was enhanced by reason of the same being used for illegal purposes or being so overcrowded as to be dangerous or injurious to the health of the inmates ; or (2ndly) that the house or premises are in such a condition as to be a nuisance within the meaning of the Acts relating to nuisances, or are in a state of defective sanitation, or are not in reasonably good repair ; or (3rdly) that the house or premises are unfit, and not reasonably capable of being made fit, for human habitation ; and, if the arbitrator is satisfied by such evidence, then the compensation — (a) shall in the first case so far as it is based on rental be based on the rental which would have been obtainable if the house or premises were occupied for legal purposes and only by the number of persons whom the house or premises were under all the circumstances of the case fitted to accommodate without such overcrowding as is dangerous or injurious to the health of the inmates ; and (&) shall in the second case be the amount estimated as the value of the house or premises if the nuisance had been abated, or if they had been put into a sanitary condition, or into reasonably good repair, after deducting the estimated expenses of abating I HOUSING OF THE WORKING CLASSES ACT, 1890 161 the nuisance, or putting them into such condition S. 2i (90). or repair, as the case may be ; and (c) shall in the third case be the value of the land, and of the materials of the buildings thereon. See notes to foregoing subsection. In view of section 9 of the 1919 Act, the present subsection has a very limited application. For definition of the Acts relating to nuisances, see section 2 hereof. 22. Upon the purchase by the local authority of any Extinction lands required for the purpose of carrying into effect way and ° any scheme, all rights of way, rights of laying down or °^^^^ ®*^^" of continuing any pipes, sewers, or drains on, through, or under such lands, or part thereof, and all other rights or easements in or relating to such lands, or any part thereof, shall be extinguished, and all the soil of such ways, and the property in the pipes, sewers, or drains, shall vest in the local authority, subject to this provision, that compensation shall be paid by the » local authority to any persons or bodies of persons proved to have sustained loss by this section, and such compen- sation shall be determined in the manner in which com- pensation for lands is determinable under this part of this Act, or as near thereto as circumstances admit. By section 27 of the 1909 Act, an improvement scheme may provide, with the consent of the persons interested, for modifications, &c., of this section ; so that, for instance, the mains, &c., of gas and other companies may be protected. The point of this section is that all rights and ease- ments are extinguished, and that all persons who thereby sustain loss must be compensated by the local authority. The compensation will be determinable as under section 21 above (see notes thereto), but in Re Harvey and the London County Council [1909] 1 Ch. 528, it was held that evidence of injury to goodwill or trade cannot be 11 162 LAW AND PRACTICE WITH REGARD TO HOUSING S. 22 (90). admitted in a claim under this section. As the rights are extinguished by tiiis section, the remedy would appear to be compensation from the local authority and not an injunction to prevent the erection or pulling down of buildings. The compensation can be claimed whenever the loss appears. See Badham v. Morris, 45 L.T. 579 ; Swanston v. Finn, d;c. [1883] 52 L.J. Ch. 235 ; and Barlow V. Boss [1890] 24 Q.B.D. 381. If access is interfered with, compensation could probably be recovered, and so, generally, with regard to " injurious affection." Application of lands for accommoda- tion of work- ing classes. 23. A local authority may, for the purpose of providing accommodation for persons of the working classes dis- placed *in consequence of any improvement scheme, appropriate any lands for the time being belonging to them which are suitable for the purpose, or may purchase by agreement any such further lands as may be con- venient. Appropriate. See the Municipal Corporations Act, 1882, section 111, and section 57 (3) hereof. Note also the power under section 74 (2) hereof. It has been doubted if the present section authorises the appro- priation of lands acquired for some other specific purpose — see Attorney-General v. Hanwell Urban District Council [1900] 2 Ch. 377 ; Attorney-General v. Pontypridd Urban District Council [1906] 2 Ch. 257 ; but by section 95 of the Public Health Acts Amendment Act, 1907, such land may be appropriated to other purposes with the consent of the Ministry, &c., and similarly land acquired for educational purposes — Education (Administrative Provisions) Act, 1905, section 5. But the Part III powers would be more generally used, as to which see section 10 (2) of the 1919 Act and notes thereto. See section 4 of the 1900 Act as to keeping accounts in respect of land appropriated. Purchase by agreemerit. As to acquisition in advance — see section 13 of the 1919 Act ; as to sale by a tenant * As altered by the Housing, Town Planning, &c., Act, 1909, 2nd schedule. HOUSING OF THE WORKING CLASSES ACT, 1890 163 for life — see section 31 of that Act ; as to donations S. 23 (90). of land, &c. — see section 8 of the 1909 Act. Ex'penses 24. (1.) The receipts of a local authority under this Formation of improve- part of this Act shall form a fund (in this Act referred to ment fund for purposes as " the Dwelling-house Improvement Fund "), and of Act. their expenditure shall be defrayed out of such fund. The receipts and expenditure will come under review in connection with the State subsidy under section 7 (1) of the 1919 Act, provided that the scheme includes re-housing. (2.) The moneys required in the first instance to establish such fund, and any deficiency for the purposes of this part of this Act from time to time appearing in such fund by reason of the excess of expenditure over receipts, shall be supplied out of the local rates or out of moneys borrowed in pursuance of this Act. No deficiency shall be supplied out of borrowed money unless the deficiency arises in respect of money required for purposes to which borrowed money is, in the opinion of the Local Government Board (Ministry of Health) properly applicable — section 30 of the 1909 Act. For borrowing power — see section 25 hereof. For definition of " local rates " — see section 92 hereof and First Schedule. As to application of purchase money of land sold by the local authority — see section 82 hereof. (3.) In settling any accounts of the local authority in respect of any transactions under this part of this Act, care shall be taken that as far as may be practicable all expenditure shall ultimately be defrayed out of the property dealt with under this part of this Act ; and any balances of profit made by the local authority under 164 LAW AND PRACTICE WITH REGARD TO HOUSING S. 24 (90). this part of this Act shall be applicable to any purposes to which the local rate is for the time being applicable. Separate accounts shall be kept of receipts and expenditure under each part of this Act — section 80 (1) hereof. Note also the special case under section 4 of the 1900 Act. (4.) Any limit imposed on or in respect of local rates by any other Act of Parliament shall not apply to any rate required to be levied for the purpose of defraying any expenses under this part of this Act. (5.) The local authority may carry to the account of the Dwelling-house Improvement Fund any such money or produce of any property, as is legally applicable to purposes similar to the purposes of this part of this Act ; and in case of doubt as to whether, in any par- ticular case, the purposes are so similar the confirming authority may decide such doubt, and such decision shall be conclusive. Power of 25. (1.) A local authority may, in manner in this money fo^ section mentioned, borrow such money as is required for *^f p^ Ti°^^^ the purposes of this part of this Act on the security of of Act. the local rate. For definition of " local authority " and " local rate " — see section 92 hereof and First Schedule. The maximum period of the loan is 80 years — section 1 (1) of the 1903 Act. For further powers (issue of bonds, &c.) — see sections 7 and 8 of the Housing (Additional Powers) Act, 1919. (2.) For the purpose of such borrowing, the London County Council may, with the assent of the Treasury, create consolidated stock under the Metropolitan Board of Works Loans Acts, 1869 to 1871, but all moneys required for the payment of the dividends on and the redemption of the consolidated stock created for the HOUSING OF THE WORKING CLASSES ACT, 1890 165 purposes of this part of this Act shall be charged to the s. 25 (90). special county account to which the expenditure for the purposes of this part of this Act is chargeable. The Acts mentioned were repealed by the London County Council (Finance Consolidation) Act, 1912 — see sections 3 and 48 thereof. The " special county account. ''' " The Dwelling-house Improvement Fund" — section 24 (1). (3.) For the purpose of such borrowing, the Com- missioners of Sewers for the City of London may borrow and take up at interest such money on the credit of the local rates, or any of them, as they may require for the purposes of this part of this Act, and may mortgage any such rate or rates to the persons by or on behaK of whom such money is advanced for securing the repay- ment to them of the sums borrowed, with interest thereon, and for the purposes of any mortgages so made by the Commissioners of Sewers, the clauses of the Commis- lO&iiVict. sioners Clauses Act, 1847, with respect to the mortgages to be executed by the Commissioners shall be incor- porated with this part of this Act ; and in the con- struction of that Act " the special Act " shall mean this part of this Act ; " the commissioners " shall mean the Commissioners of Sewers ; " the clerk of the commis- sioners " shall include any officer appointed for the purpose by the Commissioners of Sewers by this part of this Act ; and the mortgages or assignees of any mortgage made as last aforesaid may enforce payment of the arrears of principal and interest due to them by the appointment of a receiver. For Commissioners of Sewers now read the Com- mon Council of the City of London — City of London Sewers Act, 1897. The " local rates " are now the general rate. The clauses of the Commissioners Clauses 166 LAW AND PRACTICE WITH REGARD TO HOUSING S. 25 (90). Act, 1847, referred to are sections 75-88 ; and as to a receiver — see sections 86 and 87 thereof. (4.) For the purpose of such borrowing, the urban sanitary authority shall have the same power as they have under the Public Health Acts for the purpose of defraying any expenses incurred by them in the execution of those Acts. Urban Sanitary AutJiority. Now the urban district council or the borough council (or corporation). Public Health Acts. See sections 233-243 of the Public Health Act, 1875. The consent of the Ministry is required. As to the period of loan (now 80 years) and as to the money not being reckoned as part of the debt — see section 1 of the 1903 Act. See also section 7 of the Housing (Additional Powers) Act, 1919. (5.) The Public Works Loan Commissioners may, on the recommendation of the confirming authority, lend to any local authority any money required by them for purposes of this part of this Act, on the security of the local rate.* The rates of interest at which loans may be made by the Public Works Loan Commissioners out of the Local Loans Fund may be fixed by the Treasury from time to time — the Public Works Loans Act, 1897. For current rates see the Treasury minute dated 1st November 1920, printed on page 536. See also sections 1 /03, 3 /09, and 7 (4) /19. As to temporary loans see the Public Works Loans Act, 1920 (page 487). Confirming authority. See section 8 (2) hereof. Local authority . . . local rates. See section 92 hereof and First Schedule. General Provisions Provision in 26. In case of the illness or unavoidable absence of case of absence of a medical officer of health, the authority, board, or medical officer of * Words here were repealed by the Housing, Town Planning, &c., health. Act. 190'J. HOUSING OF THE WORKING CLASSES ACT, 1890 167 vestry who appointed him may (subject to the approval S. 26 (90). of the confirming authority) appoint a duly qualified medical practitioner, for the period of six months, or any less period to be named in the appointment. Section 191 of the Pubhc Health Act, 1875, and other Acts give the same power. See section 79 hereof as to the powers of the deputy. 27. (" Power of confirming authority as to advertise- ments and notices.") Repealed by the Housing, Town Planning, dhc, Act, 1909. 28. (" Power of confirming authority to dispense with notices in certain cases.") Repealed by the Housing, Town Planning, dbc, Act, 1909. As to the two above repealed sections — see section 41 of the 1909 Act. Part II. — Unhealthy Dwelling-Houses Preliminary 29. In this part of this Act, unless the context other- Definitions wise requires — The expression "street" includes any court, alley, "Street." street, square, or row of houses : The expression "dwelling-house" * includes any yard, "Dwelling house." garden, outhouses, and appurtenances belonging thereto or usually enjoyed therewith, and includes the site of the dwelling-house as so defined : The expression " owner," in addition to the definition "Owner." given by the Lands Clauses Acts, includes all lessees or mortgagees of any premises required to be dealt with under this part of this Act, except persons holding or entitled to the rents and profits of such * As altered by the Housing, Town Planning, &c.. Act, 1909, SQCtion 49. 168 LAW AND PRACTICE WITH REGARD TO HOUSING S. 29 (90). premises under a lease the original term whereof is less than twenty-one years : * "Closing The expression "closing order" means an order prohibiting the use of premises for human habitation made under the enactments set out in the Third Schedule in this Act. Part II. Sections 29-52. See Chapter II, page 34. Sections 14 and 15 of the 1909 Act and sections 28 of the 1919 Act are deemed to be part of Part II of this, the 1890, Act. Street. This definition has been extended to Part I hereof, by section 48 of the 1909 Act. Compare the more extended definition in section 4 of the Public Health Act, 1875. Private streets do not appear to be excluded. See Merrick v. Liverpool Corporation [1910] 74 J. P. 445 as to the meaning of " court." Dwelling-house. After this word there were originally the words " means any inhabited building, and " — the effect of the repeal being to include dwelling-houses whether inhabited or not. Any dwelling-house, or if it be let in tenements or flats any tenement therein, may be closed by a closing order. On this point, however, see Kirkpatrick v. Maxwelltoivn Town Council [1912] S.C. 288, and Johnston^s Trustees v. Glasgow Corporation [1912] S.C. 300, from which it may be concluded that the better course is to serve a closing order in respect of each separate tenement in the building. Owner. By section 3 of the Lands Clauses Act, 1845, " the word ' owner ' should be understood to mean any person or corporation who, under the provisions of this or the special Act, would be enabled to sell and convey lands to the promoters of the undertaking." Such persons are, under section 7 thereof, all parties seised, possessed of, or entitled to any such lands, or any estate or interest therein, including corporations, tenants in tail or for life, married women seised in their own right or entitled to dower, guardians, committees of lunatics and idiots, trustees or feofees in trust for charit- able or other purposes, executors and administrators, ♦ As altered by the Housing, Town Planning, &c.. Act, 1909, section 49. HOUSING OF THE WORKING CLASSES ACT, 1890 169 and all parties for the time being entitled to the receipt S. 29 (90). of the rent and profits of any such lands in possession or subject to any estate in dower, or to any lease for life, or for lives and years, or for years or any less interest. As to further points R. v. Vestry of St. Marylebone [1887] 20 Q.B.D. 415 ; and Osborne v. Skinners Co. [1891] 60 L.J. M.C. 156, may be read. Note also section 47 hereof and section 30 of the 1919 Act. Closing Order. In effect this, definition is repealed — see sections 17, 18, 47, 75 and Schedule VI of the 1909 Act. The present definition is given in section 17 (2) thereof. Buildings unfit for Human Habitation 30. It shall be the duty of the medical officer of health Representa of every district to represent to the local authority of medical that district any dwelling-house which appears to him to be in a state so dangerous or injurious to health as to be unfit for human habitation. officer of health. For definitions — see sections 29 and 92 and Schedule I. Both rural and urban districts are included. By section 81 hereof the local authority may appoint committees. The representation by the medical officer must be in writing — section 79 (2) hereof. There is, apparently, no prescribed or recommended form. The local authority must give attention to the representation — section 31 (2), By section 17 (1) of the 1909 Act it is the duty of the local authority to cause inspections to be made from time to time — see the Housing (Inspection of District) Regulations, 1910 (page 570). See also sections 45 hereof and 5 and 6 of the 1919 Act. Dangerous . . . habitation. There is no definition of the concluding words of this section ; but section 26 (1) of the 1919 Act provides a useful standard, and Walker V. Hobbs [1889] 23 Q.B.D. 458 ; Kirkpatrick v. Maxwell- town Burgh [1912] S.C. 288 ; Rijall v. Kidwell [1914] 30 T.L.R. 503 ; Hall v. Manchester Corporation [1914] 78 J.P. 315, affirmed House of Lords [1915] 79 J.P. 385 ; and London County Council v. Herring [1894] 2 Q.B. 522, may be usefully read. 170 LAW AND PRACTICE WITH REGARD TO HOUSING S. 30 (90). Dwelling-houses in bad repair are not necessarily included in the phrase, but as to these — see section 75 hereof, section 15 of the 1909 Act, and, particularly, section 28 of the 1919 Act. Certain cellar dwellings are included by section 17 (7) of the 1909 Act, and see section 43 thereof as to back- to-back houses. In London there are special provisions, more par- ticularly with regard to lack of water, but in such cases the more convenient remedy will probably be that given under section 26 of the 1919 Act, or section 28 thereof as regards structurally dangerous houses, either in London or elsewhere. The phrase has to be read in its ordinary meaning, the standard being that of the ordinary reasonable man : it does not follow that a whole building is unfit for human habitation because certain rooms are ; see Hall v. Man- chester Cor'poratio7i, above. Representa- 31. (1.) If *any justice of the peace acting for a householders' district or any four or more householders in a district complaint. complain in writing to the medical officer of health of that district that any dwelling-house is in a condition so dangerous or injurious to health as to be unfit for human habitation, he shall forthwith inspect the same, and trans- mit to the local authority the said complaint, together with his opinion thereon, and if he is of opinion that the dwelling-house is in the condition aforesaid, shall repre- sent the same to the local authority, but the absence of any such complaint shall not excuse him from in- specting any dwelling-house and making a represen- tation thereon to the local authority. By section 6 (2) of the Local Government Act, 1894, a parish council can also make complaint under this section. The representation must be in writing — section 79 (2) hereof. See section 52 as to representation by a county * As altered by the Housing, Town Planning, &c., Act, 1919, 2nd ggh^dulQ. HOUSING OF THE WORKING CLASSES ACT, 1890 171 medical officer. See also sections 5 and 6 of the 1919 S. 31 (90). Act as to default. (2.) If within three months after receiving the said complaint and opinion or representation of the medical officer, the local authority, not being in the administrative county of London, or not being a rural sanitary authority in any other county, declines or neglects to take any proceedings to put this part of this Act in force, the ♦justice of the peace or* householders who signed such complaint may petition the Local Government Board for an inquiry, and the said Board after causing an inquiry to be held may order the local authority to proceed under this part of this Act, and such order shall be binding on the local authority. Note the restrictions in this subsection as compared with subsection (1), but see section 45 hereof, section 10 of the 1909 Act and section 5 of the 1919 Act — the latter being the power which, it may be expected, will now be more commonly used. As to the inquiry — see section 85 hereof. The changes in the text made by the 1919 Act permit a justice of the peace to make the complaint. Closing Order and Demolition 32. (" Dut}^ of local authority as to closing of dwelling- house unfit for human habitation.") Repealed by the Housiyig, Town Planning, tfcc, Act, 1909 — see now section 17 thereof. 33. (" Order for demolition of house unfit for habita- tion.") Repealed by the Housing, Town Planning, dbc, Act, 1909 — see now section 18 thereof. Sections 17 and 18 of the 1909 Act substitute a new * As altered by the Housing, Town Planning, &c., Act, I919j2nd schedule. 172 LAW AND PRACTICE WITH REGARD TO HOUSINQ S. 34 (90). procedure in regard to closing and demolition orders. If they are read here the provisions of Part II can be better followed. Execution of 34. (1.) Where an order for the demolition of a building demolition ^^^ been made, the owner thereof shall within three andprovi- months after *the order becomes operative proceed site- to take down and remove the building, and if the owner fails therein the local authority shall proceed to take down and remove the building and shall sell the materials, and after deducting the expenses incident to such taking down and removal, pay over the balance of money (if any) to the owner. " Order for demolition " is the subject of section 18 of the 1909 Act which should be read as coming before the present section. As to the word " building " — see sections 18 (2) and 47 of the 1909 Act. " Three months " mean three calendar months — Interpretation Act, 1889, section 3. For definition of owner — see section 29 hereof. For form of order see page 626. The order becomes operative. These words displace the original words " service of the order." See section 39 (2) of the 1909 Act as to when the order becomes operative. The Balance. See section 9 of the 1903 Act as to a deficiency. (2.) Where a building has been so taken down and removed, no house or other building or erection which will be dangerous or injurious to health shall be erected on all or any part of the site of such building ; and if any house, building, or erection is erected contrary to the provisions of this section, the local authority may at any time order the owner thereof to abate the same, * As altered by the Housing, Town Planning, &c., Act, 1909, 2nd Bchedule. HOUSING OF THE WORKING CLASSES ACT, 1890 173 and in the event of non-compliance with the order, S. 34 (90). may at the expense of the owner abate or alter the same. In view of building byelaws there is little, if any, point left in this subsection. The owner referred to is the owner of the new building. The order of the local authority must be under seal, &c., — section 86 hereof. See the next section as to appeal. There is no special provision as to the method of recovery of the expense. 35. (1.) Any person aggrieved by an order of the Appeal against order local authority under this part of this Act, may *if he of local is not entitled to appeal to the Local Government Board " " ^" against the order, appeal against the same to a court of quarter sessions, and no work shall be done nor pro- ceedings taken under any order until after the appeal 42 & 43 Vict. is determined or ceases to be prosecuted ; and section thirty-one of the Summary Jurisdiction Act, 1879, respecting appeals from courts of summary jurisdiction to courts of quarter sessions shall apply with the necessary modifications as if the order of the local authority were an order of a court of summary jurisdiction. (2.) Provided that — (a) Notice of appeal may be given within one month after notice of the order of the local authority has been served on such person ; (6) The court shall, at the request of either party, state the facts specially for the determination of a superior court, in which case the proceedings may be removed into that court. Any person aggrieved. It should be noted that the expression is not " any owner " — section 29 — and so * As altered by the Housing, Town Planning, &c., Act, 1909, 2nd schedule. 174 LAW AND PRACTICE WITH REGARD TO HOUSING S. 35 (90). Grant of charges by way of annuity to owner on completion of works. would probably include any lessee who is not an owner. For a lengthy discussion of the term, reference may be made to page 559 of Lumley's Public Health, 8th edition. Owners may appeal to the Board (Ministry) against repairing, closing and demolition orders — sections 15, 17 and 18 of the 1909 Act. The other orders of the local authority include an order to abate — sections 34 (2) and 38 (10) — and an order granting a charge — section 36 (1). For a manner of service of notice — see section 49 hereof. For forms of notice of appeal to the Ministry — see the Housing Acts (Forms of Orders and Notices) Order, 1919, page 610. Quarter Sessions, in the circumstances covered by sub- section (2) (6), will find the facts, leaving the inferences therefrom to be drawn by the Divisional Court, which is the superior court referred to. There is no appeal from the Divisional Court unless it, or the Court of Appeal, gives leave to appeal — sections 1 (5) and 2 of the Judicature Act, 1894. No writ is required for the removal to the Divisional Court — section 40 of the Summary Jurisdiction Act, 1879 — and for further points see the Rules of the Supreme Court, Order 34, and Clarke v. Alderhury Union Assessrnent Committee [1881] 29 W.R. 334. 36. (1.) Where any owner has completed in respect of any dwelling-house any works required to be executed by an order of a local authority under this part of this Act, he may apply to the local authority for a charging order, and shall produce to the local authority the certificate of their surveyor or engineer that the works have been executed to his satisfaction, and also the accounts of and vouchers for the costs, charges, and expenses of the works, and the local authority, when satisfied that the owner has duly executed such works and of the amount of such costs, charges, and expenses, and of the costs of obtaining the charging order which have been properly incurred, shall make and order accordingly, HOUSESTG OF THE WORKING CLASSES ACT, 1890 175 charging on the dwelling-house an annuity to repay the S. 3G (90). amount. Owner. For definition — see section 29 hereof. There may be several of such owners. The one who does the work gets the charging order. Works required. Namely for keeping houses in repair, as per (1) section 15 of the 1909 Act (which is deemed to be part of Part II of this (1890) Act— section 39 (2) of the 1919 Act) and (2) section 28 of the 1919 Act. It is doubtful if there are other works required . . . by an order of the local authority : closing and demolition orders under sections 17 and 18 of the 1909 Act, do not themselves require works to be executed — see also section 34 (1) hereof — but the charging order is on the dwelling- house, and where that is demolished there appears to be no power to charge a subsequent building erected on the site. Arlidge v. Scrase [1915] 3 K.B. 325 may be usefully read here. Charging order. This is made by the local authority, and there is an appeal under section 35 hereof. There are other references to charging orders in these Acts — see sections 26 (6) and (8) and 28 of the 1919 Act, and section 15 (5) of the 1909 Act. The incidence of the charge is dealt with in section 37 hereof. See also note to section 26 (8) of the 1919 Act. Annuity. See further as to this, the two following subsections and section 37. (2.) The annuity charged shall be a sum of six pounds for every one hundred pounds of the said amount and so in proportion for any less sum, and shall commence from the date of the order, and be payable for a term of thirty years to the owner named in such order, his executors, administrators, or assigns. The annuity can be transferred — section 37 (5), and can be redeemed — section 19 of the 1909 Act. (3.) Every such annuity may be recovered by the person for the time being entitled to it by the same means and in the like manner in all respects as if it were 176 LAW AND PRACTICE WITH REGARD TO HOUSING S. 36 (90). a rentcharge granted by deed out of the dwelling-house by the owner thereof. See note to section 28 (8) of the 1919 Act. The holder of the rentcharge can distrain {Dodds v. Thompson [1865] L.R. 1 C.P. 133) ; an action will be for arrears {Thomas v. Sylvester [1873] L.R. 8 Q.B. 368 ; Be Herbage Bents, Greenwich [1896] 2 Ch. 811, &c.), and distress may be statute barred {Jones v. Withers [1896] 74 L.T. 572). (4.) Charging orders made under this section shall be made according to the Form marked A. in the Fifth Schedule to this Act, or as near thereto as the circum- stances of the case will admit. The schedule has been repealed by the 1909 Act, section 75, Schedule VI, and so this subsection is inoper- ative. Forms may be prescribed under section 41 of the 1909 Act, but none appear to have been prescribed affecting this matter. Incidence of 37. ( 1 . ) Every charge created by a charging order arge. under this part of this Act shall be a charge on the dwell- ing-house specified in the order having priority over all existing and future estates, interests, and incumbrances, with the exception of quitrents and other charges inci- dent to tenure, tithe commutation rentcharge, and any charge created under any Act authorising advances of public money ; and where more charges than one are charged under this part of this Act on any dwelling- house such charges shall, as between themselves, take order according to their respective dates, (2.) A charging order shaU be conclusive evidence that all notices, acts, and proceedings by this part of this Act directed with reference to or consequent on the obtaining of such order, or the making of such charge, have been duly served, done, and taken, and that such HOUSING OF THE WORKING CLASSES ACT, 1890 177 charge has been duly created, and that it is a vaUd s. 37 (90). charge on the dwelHng-house declared to be subject thereto. (3.) Every such charging order, if it relates to a dwell- ing-house in the area to which the enactments relating to the registration of land in Middlesex apply or to a dwelling-house in Yorkshire, shall be registered in like manner as if the charge were made by deed by the abso- lute owner of the dwelling-house. (4.) Copies of the charging order and of the certificate of the surveyor or engineer, and of the accounts as passed by the local authority, certified to be true copies by the clerk of the local authority, shall within six months after the date of the order be deposited with the clerk of the peace of the county in which the dwelling-house is situate, and be by him filed and recorded. (5.) The benefit of any such charge may be from time to time transferred in like manner as a mortgage or rentcharge may be transferred. Any transfer may be in the Form marked B. in the Fifth Schedule to this Act, or in any other convenient form. Charging order. See section 36 hereof, section 15 (5) of the 1909 Act, and section 26 (7) of the 1919 Act. Exce'ption. See the addition made by section 20 of the 1909 Act. Reliefs, heriots and fines also take pre- cedence of the charging order as they are " charges incident to tenure," but ground rents do not as they are not such charges. Subsection 4 does not apply to charging orders under section 27 of the 1919 Act — see subsection (8) thereof. Subsection 5. The Fifth Schedule has been repealed — 1909 Act section 95, Schedule VI. Forms may be prescribed under section 41 thereof, but none appear to have been prescribed affecting the charge under section 36. 12 178 LAW AND PRACTICE WITH REGARD TO HOUSING S. 38 (90). Power to local authority to purchase houses for opening alleys, &c. Obstructive Buildings 38. (1.) If a medical officer of health finds that any building within his district, although not in itself unfit for human habitation, is so situate that by reason of its proximity to or contact with any other buildings it causes one of the following effects, that is to say, — {a) It stops *or impedes* ventilation, or otherwise makes or conduces to make such other buildings to be in a condition unfit for human habitation or dangerous or injurious to health ; or (6) It prevents proper measures from being carried into effect for remedying any nuisance injurious to health or other evils complained of in respect of such other buildings ; in any such case, the medical officer of health shall represent to the local authority that particulars relating to such first-mentioned building (in this Act referred to as "an obstructive building ") stating that in his opinion it is expedient that the obstructive building should be pulled down. Any building. Not limited to dwelling-houses — Jackson v. Knutsjord Urban District Coujicil [1914] W.N. 321. A wall in certain circumstances may be a building— ^//is v. Plumstmd Board of Works [1893] 68 L.T. 291. As to a house being closed because other houses impede its ventilation — see Hall v. Manchester Corporation [1914] 78 J.P. N. 208. See also Merrick v. Liverpool Corporation [1910] 2 Ch. 449. As to part of a building — see subsections (7) and (11) below. Representation. The representation must be in writing — section 79. District. See section 92. Generally. See page 45. (2.) fAny justice of the peace acting for a district, orf • Words added by the Housing, Town Planning, &c., Act, 1909, 2nd sshedule. t Ibid., 1919 Act, 2nd schedule. HOUSENG OF THE WORKING CLASSES ACT, 1890 179 any four or more inhabitant householders of a district s. 38 (90). may make to the local authority of the district a repre- sentation as respects any building to the like effect as that of the medical officer under this section. By section 6 (2) of the Local Government Act, 1894, a parish council may make a representation here- under. (3.) The local authority on receiving any such repre- sentation as above in this section mentioned shall cause a report to be made to them respecting the circumstances - of the building and the cost of pulling down the building and acquiring the land, and on receiving such report shall take into consideration the representation and report, and if they decide to proceed, shall cause a copy of both the representation and report to be given to the owner of the lands on which the obstructive building stands, with notice of the time and place appointed by the local authority for the consideration thereof ; and such owner shall be at liberty to attend and state his objections, and after hearing such objections the local authority shall make an order either allowing the objection or directing that such obstructive building shall be pulled down, and such order shall be subject to appeal in like manner as an order of demolition of the local authority under the foregoing provisions of this part of this Act. As to default of local authority — see sections 5 and 6 of the 1919 Act, section 45 hereof, and sections 10 and 11 of the 1909 Act. The report will, presumably, be made by the surveyor of the local authority. As to the duty in London and rural districts to report to the county council, &c. — see section 45 hereof. As to report to local authority by county medical officer — see section 52 hereof. As to interested persons voting — see section 88 hereof. 180 LAW AND PRACTICE WITH REGARD TO HOUSING S. 38 (90). Oivner. See section 29 hereof. Copies will have to be given to each such owner. As to service — see section 49 hereof. Appeal. To the Local Government Board (now Ministry of Health) — see sections 18, 39 and 47 of the 1909 Act. (4.) Where an order of the local authority for pulling down an obstructive building is made under this section and either no appeal is made against the order, or an appeal is made and either fails or is abandoned, the local authority shall be authorised to purchase the lands on which the obstructive building is erected in like manner as if they had been authorised by a special Act to purchase the same ; and for the purpose of such purchase the provisions of the Lands Clauses Acts, with respect to the purchase and taking of lands other- wise than by agreement shall be deemed to be incorpor- ated in this part of this Act (subject nevertheless to the provisions of this part of this Act), and for the purpose of the provisions of the Lands Clauses Acts this part of this Act shall be deemed to be the special Act, and the local authority to be the promoters of the under- taking, and such lands may be purchased at any time within one year after the date of the order, or if it was appealed against after the date of the confirmation. See notes to sections 20 and 41 hereof. (5.) The owner of the lands may within one month after notice to purchase the same is served upon him declare that he desires to retain the site of the obstructive build- ing and undertake either to pull down or to permit the local authority to pull down the obstructive building, and in such case the owner shall retain the site and shall HOTTSESTG OF THE WORKING CLASSES ACT, 1890 181 receive compensation from the local authority for the pull- S. 38 (90). ing down of the obstructive building, " Month " means calendar month (Interpretation Act, 1889). As to service of notice — see section 49 hereof. In addition to the " owners " specified in section 29 hereof it would seem that in accordance with the Lands Clauses Acts the notice should be served on lessees the original term of whose lease was less than twenty-one years, though such lessees could not claim to retain the site. There would be no point in purchasing from persons whose tenancies could be terminated by a short notice. Persons having easements are not entitled to notice, but they can claim compensation for destroyed rights, under the Lands Clauses Consolidation Act, 1845, section 68. If any owner, being a lessee, wishes to retain the site and the reversioner to sell, the local authority would purchase the reversion ; but on this and on the general subject of retaining the site note the powers of the local authority under section 39 and Part III hereof. In Jackson v. Knntsjord Urban District Council [1914] 2 Ch. 686, the owner wished to retain the site and under- took to puU down a portion of the building : held, that he was estopped from setting up that the building was not obstructive. (6.) The amount of such compensation, and also the amount of any compensation to be paid on the purchase of any lands under this section, shall in case of difference be settled by arbitration in manner provided in this part of this Act. (7.) Where the local authority is empowered to pur- chase land compulsorily, it shall not be competent for the owner of a house *or other building* or manu- factory to insist on his entire holding being taken, where part only is proposed to be taken as obstructive, and where such part proposed to be taken can, in the opinion of the arbitrator to whom the question of disputed * Words added by the Housing, Town Planning, &c., Act, 1909, 2nd schedule. 182 LAW AND PRACTICE WITH REGARD TO HOUSING S. 38 (90). compensation is submitted, be severed from the remainder of the house * or other building * or manufactory without material detriment thereto, provided that compensation may be awarded in respect of the severance of the part so proposed to be taken in addition to the value of that part. (8.) Where in the opinion of the arbitrator the demoli- tion of an obstructive building adds to the value of such other buildings as are in that behalf mentioned in this section, the arbitrator shall apportion so much of the compensation to be paid for the demolition of the obstructive building as may be equal to the increase in value of the other buildings amongst such other buildings respectively, and the amount apportioned to each such other building in respect of its in- crease in value by reason of the demolition of such obstructive building shall be deemed to be private improvement expenses incurred by the local authority in respect of such building, and such local authority may, for the purpose of defraying such expenses, make and levy improvement rates on the occupier of such premises accordingly ; and the provisions of the Public Health Acts relating to private improvement expenses and to private improvement rates, shall so far as cir- cumstances admit, apply accordingly in the same manner as if such provisions were incorporated in this Act. (9.) If any dispute arises between the owner or occupier of any building (to which any amount may be appor- tioned in respect of private improvement expenses) and the arbitrator by whom such apportionment is made, such dispute shall be settled by two justices in * Words added by the Housing, Town Planning, &c., Act, 1909, 2nd schedule. HOUSmG OF THE WORKING CLASSES ACT, 1890 183 manner provided by the Lands Clauses Acts, in cases s. 38 (90). where the compensation claimed in respect of lands does not exceed fifty pounds. See section 41 hereof (as to settlement of compen- sation) and section 28 of the 1909 Act (as to distribution of compensation money, and as to betterment charges). But the arbitration (not the rules for assessing com- pensation) is now under the Acquisition of Land (Assess- ment of Compensation) Act, 1919 — see sections 1 (1), 2 and 7 thereof. See also Jackson v. Knutsford Urban District Council above. In subsection (8) " such other buildings " are the obstructed ones — subsection (1). Private Improvement Expenses. See sections 213, 214, 215, 232 and 257 of the Public Health Act, 1875. As to London — see section 46 (1) hereof. In manner provided by the Lands Clauses Acts. See sections 22 and 24 of the Lands Clauses Consolidation Act, 1845. See also R. v. Edwards [1884] 13 Q.B.D. 586. (10.) Where the owner retains the site or any part thereof, no house or other building or erection which will be dangerous or injurious to health, or which will be an obstructive building within the meaning of this section, shall be erected upon such site or any part thereof ; and if any house, building, or erection is erected on the site contrary to the provisions of this section the local authority may at any time order the owner to abate or alter the said house, building, or erection ; and in the event of non-compliance with such order may, at the expense of the owner thereof, abate or alter the same. See subsection (5), and also similar provision in section 34 (2) hereof. There is an appeal against the order of the local authority — section 35. (11.) Where the lands are purchased by the local authority the local authority shall pull down the 184 LAW AND PRACTICE WITH REGARD TO HOUSING S. 38 (90). obstructive building, or such part thereof as maybe obstruc- tive within the meaning of this section, and keep as an open space the whole site, or such part thereof as may be required to be kept open for the purpose of remedying the nuisance or other evils caused by such obstructive building, and may, with the assent of the Local Govern- ment Board, and upon such terms as that Board think expedient, sell such portion of the site as is not required for the purpose of carrying this section into effect. As to the proceeds — see section 82 hereof. Note also section 7 (1) of the 1919 Act, and section 57 (3) hereof. (12.) A local authority may, where they so think fit, dedicate any land acquired by them under the authority of this section as a highway or other public place. See also section 39 hereof. Scheme for area com- prising houses closed by closing order. Scheme for Reconstruction 39. (1.) In any of the following cases, that is to say — (a) where an order for the demolition of a building has been made in pursuance of this part of this Act, and it appears to the local authority that it would be beneficial to the health of the inhabitants of the neighbouring dwelling-houses if the area of the dwelling-houses of which such building forms part were used for all or any of the following purposes, that is to say, either — (i) dedicated as a highway or open space, or (ii) appropriated, sold, or let for the erection of dwell- ings for the working classes, or (iii) exchanged with other neighbouring land which is more suitable for the erection of such dwellings. HOUSING OF THE WORKING CLASSES ACT, 1890 185 and on exchange will be appropriated, sold, or let S. 39 (90). for such erection ; or (6) where it appears to the local authority that the closeness, narrowness and bad arrangement or bad condition of any buildings, or the want of light, air, ventilation, or proper conveniences, or any other sanitary defect in any buildings is dangerous or prejudicial to the health of the inhabitants either of the said buildings or of the neighbouring buildings, and that the demolition or the reconstruction and re-arrangement of the said buildings or of some of them is necessary to remedy the said evils, and that the area comprising those buildings and the yards, outhouses, and appurtenances thereof, and the site thereof, is too small to be dealt with as an unhealthy area under Part I of this Act. the local authority shall pass a resolution to the above effect and direct a scheme to be prepared for the im- provement of the said area. Order for demolition. See section 38 (1) hereof and section 18 of the 1909 Act. Oj which such building forms 'part. Under section 38 that part which is obstructive can be demolished and the space dedicated, &c. Under the present section the whole dwelling-house can be taken. But if the whole dwelling-house is obstructive, it may be better to proceed under section 38 as no order of the Ministry is required thereunder. If it is desired to widen, improve, or lengthen a street or public place in London — see sections 80-86 of Michael Angelo Taylor's Act (57 Geo. 3, c. 29). Paragraph (6) is independent of section 38 hereof and sections 17 and 18 of the 1909 Act. But the local authority can proceed under this paragraph whether the houses have been closed or not, under a closing order ; and usually it will consider in the initial stages whether it requires what it obtains under the above-quoted sections. 186 LAW AND PRACTICE WITH REGARD TO HOUSING S. 39 (90). including the repair of a particular house or houses (under the closing order procedure, but see also section 28 of the 1919 Act), or whether it requires a reconstruction scheme made as per this section. As to the evidence and a standard regarding " dangerous or prejudicial to health " — see note to section 4 hereof. Under Part I. The procedure under Part I is not so simple as that under Part II. Rural districts will necessarily come under Part II as Part I does not apply to them. Urban district authorities will decide which part they will proceed under, subject to the sanction by the Ministry of the scheme, but as to what may be regarded as a standard see section 72 hereof — which in London contemplates up to ten houses as a Part II scheme. In the county of London the question of whether the scheme is under Part I or Part II has a special financial significance. In the city this does not apply as the Common Council of the city is the local authority under both Parts I and II. But in the county of London — see section 93 hereof — the London County Council is the local authority under Part I and the Metropolitan borough councils are the local authorities under Part II. If a scheme is carried out under Part I the expense falls on the county council, i.e. on the whole of London, These difficulties have been met by sections 46, 72 and 73 hereof, and section 14 of the 1903 Act. By section 46 (5) and (6) the county council may prepare and carry out a scheme under Part II, and the borough may con- tribute towards the expenses — section 14, 1909 Act — or the county may get an order from the Ministry that the expenses, or a part, should be met by the Metro- politan borough council. By section 72 the borough council shall proceed where the representation relates to not more than ten houses. By section 73 the question of whether the scheme is of general importance to the county of London is dealt with : if the borough decides that it is, or if the county council decides that it is not, a local inquiry may be held and the arbitrator shall report, to the end that the Ministry shall decide, though if the matter has to be dealt with under Part II it may be decided that the London County Council shall make a contribution towards the expense. (See also section 4 of the 1903 Act.) HOUSING OF THE WORKING CLASSES ACT, 1890 187 Shall pass a resolution. As to default — see section S. 39 (90). 31 (2) hereof, sections 5 and 6 of the 1919 Act, and section 10 of the 1909 Act. Interested members must not vote — section 88 hereof. Forms of Reports by tiie Medical Officer (to precede the resolution), a Form of Resolution, information as to Maps, Particulars and Estimates required, and a Form of Clauses for the Scheme — all suggested by the Ministry — are given on pages 591 to 593. By section 23 (2) of the 1909 Act provision may be made in a reconstruction scheme under Part II for any matters for which provision may be made in an improve- ment scheme under Part I — as to which see section 6 hereof. By section 7 of the 1903 Act neighbouring lands may be included, but they will get an additional allowance in respect of compulsory purchase — section 21 (1) (a) hereof. Sites of ancient monuments, &c., cannot be acquired — see note to section 20 hereof. By section 13 of the 1919 Act there is power to acquire lands in advance. As to duty to carry out the scheme, &c. — see subsection (8) below. Generally on the section, see page 46. (2.) Notice of the scheme may at any time after the preparation thereof be served in manner provided in Part I of this Act with respect to notices of lands proposed to be taken compulsorily under a scheme made in pur- suance of that part of this Act, on every owner or reputed owner, lessee or reputed lessee, and occupier of any part of the area comprised in the scheme, so far as those persons can reasonably be ascertained. See section 7 hereof as to manner of service, but notice may be served " at any time." No advertisement is required, but, unless the Minister grants a dispensa- tion under section 41 (2) of the 1909 Act, the notice must be served even on " tenants for a month or a less period than a month." See also final note to subsection (1) above. For Forms of Notices suggested by the Ministry, see pages 593 to 595. 188 LAW AND PRACTICE WITH REGARD TO HOUSING S. 39 (90). (3.) The local authority shall, after service of such notice, petition the Local Government Board for an order sanctioning the scheme, and the Board may cause a local inquiry to be held, and, if satisfied on the report of such local inquiry that the carrying into effect of the scheme either absolutely, or subject to conditions or modifications would be beneficial to the health of the inhabitants of the said buildings or of the neighbouring dwelling-houses, may by order sanction the scheme with or without such conditions or modifications. Petition. For instructions of the Ministry and Form of Petition — see page 596. Inquiry. See section 85 hereof, which also deals with the Order. (4.) *Upon such order being made, the local authority may purchase the area comprised in the scheme as so sanctioned. By section 13 of the 1919 Act it can acquire lands in advance. The order does not require confirmation by Parlia- ment — section 24 (2), 1909 Act. As to borrowing powers — see section 43 hereof and notes to section 25 hereof. (5.) Repealed hy the Housing, Town Planning, cfcc, Act, 1909, section 75. (6.) Repealed hy the Housing, Toion Planning, 1 • 1 1 • , *° carry out specmed m the scheme or withm such further time as scheme. may be allowed by the Local Government Board. See section 1 (2) and (3) ; and, for enforcement, sections 3 and 4. See section 7 (1) as to the period in which the scheme is to be carried out to receive the financial assistance thereunder. Power of County Councils and Local Government Board to act in place of Local Authorities 3. (1.) Where the Local Government Board are satis- Power to fied that a local authority have failed or are not prepared county ^^ to fulfil their obligations as to the preparation of schemes ^^^^ *i° under this Act, or their obhsrations under any such of local ° "^ authority. scheme, or that for any other reason it is desirable that any such obligation should be performed by the county council instead of by the local authority, the Board, after considering the circumstances of the case and giving the local authority and the county council an opportunity of being heard, may, if they think fit, by order, transfer to the council of the county, in which the district of the local authority is comprised, the obhgation to prepare and carry out a scheme, or to carry out m whole or in part the provisions of a scheme prepared by the local authority. Failed or are not prepared. " Not prepared " appears to mean both " not equipped " and " not willing." See also sections 10, 12 and 13 of the 1890 Act. Obligations. See sections 1 and 2. Apparently, one of the obHgations can be transferred so that the county council can be required to carry out the first scheme or 376 LAW AND PRACTICE WITH REGARD TO HOUSING S 3 (19). part of it, and the local authority the remainder or any subsequent one. For any other reason. As, for instance, where it would result in a saving of time or money, or where it would be more convenient and effective, or where the county council has the land or machinery. See also subsection (3) below, and section 1 (6) as to joint schemes. An opportunity of being heard. The Ministry has to be " satisfied," then to consider the circumstances of the case, and to give the authority an opportunity of being heard. There is no requirement of a public inquiry or of a hearing by counsel. The essence of the present Act is quick action. But reasonable notice will have to be given by the Ministry. And doubtless if the county council objected to doing the work, the Ministry would proceed under the next section. (2.) Where the Board make an order under this section, the order may, for the purpose of enabling the county council to give effect to the order, apply any of the 66 & 57 Vict, provisions of the Housing Acts or section sixty-three of the Local Government Act, 1894, with such modifi- cations and adaptations as appear necessary or ex- pedient : Provided that the local authority shall be entitled to appeal to the Local Government Board if, in their opinion, the amount of the expenses, which the county council require them to defray or propose to charge against their district, is excessive or unreasonable, or against any refusal by a county council to make an order under the said section sixty-three vesting in the local authority all or any of the powers, duties, property, debts, and liabilities of the county council in relation to the powers transferred to them, and upon any such appeal the Board may make such order as they may deem just, and an order so made shall be binding on the county council and the local authority. HOUSING, TOWN PLANNING, ETC., ACT, 1919 377 Housing Acts. See section 52 (2) hereof. s. 3(19). Section 63 of the Local Government Act, 1894, reads as follows : — (1.) Where the powers of a district council are by virtue of a resolution under this Act transferred to a county council, the following provisions shall have effect : — (a) Notice of the resolution of the county council by virtue of which the transfer is made shall be forthwith sent to the district council and to the Local Government Board : (6) The expenses incurred by the county council shall be a debt from the district councU to the county council, and shall be defrayed as part of the expenses of the district council in the execution of the Public Health Acts, and the district council shall have the like power of raising the money as for the defraying of those expenses : (c) The county council for the purpose of the powers transferred may on behalf of the district council borrow subject to the like condition, in the like manner, and on the security of the like fund or rate, as the district council might have borrowed for the purpose of those powers : (d) The county council may charge the said fund or rate with the payment of the principal and interest of the loan ; and the loan with the interest thereon shall be paid by the district council in like manner, and the charge shall have the like effect, as if the loan were lawfully raised and charged on that fund or rate by the district council : (e) The county council shall keep separate accounts of aU receipts and expenditure in respect of the said powers : (/) The county council may by order vest in the district council all or any of the powers, duties, property, debts, and liabilities of the county council in relation to any of the said powers, and the property, debts, and liabilities so vested shall be deemed to have been acquired or incurred by the district council for the purpose of those powers. (2.) Where a rural district is situate in two or more counties a parish council complaining under this Act may complain to the county council of the county in which the parish is situate, and if the subject matter of 378 LAW AND PRACTICE WITH REGARD TO HOUSING S. 3 (19). the complaint affects any other county the complaint shall be referred to a joint committee of the councils of the counties concerned, and any question arising as to the constitution of such joint committee shall be determined by the Local Government Board, and if members of the joint committee are not appointed, the members who are actually appointed shall act as the joint committee. (3.) This section shall apply in cases where a joint scheme has been, or in the opinion of the Board ought . to be, prepared with the substitution of references to the local authorities concerned and their districts for references to the local authority and the district of the local authority. Joint scheme. See section 1 (6) hereof. Power of 4' (1) Where the Local Government Board are satis- Government ^^^ *^^* ^ local authority, or, in cases where any powers Board to act or duties of a local authority have been transferred to a in place of the local county council, such council, or, in cases where a joint authority. scheme has been or in the opinion of the Board should be prepared, the local authorities concerned, have failed to fulfil their obHgations as to the preparation of schemes under this Act or their obligations under any such schemes, the Board may, after considering the circumstances of the case, and after giving the local authority, authori- ties, or county council an opportunity of being heard, themselves prepare and carry out a scheme or take such steps as may be necessary to carry out any scheme prepared by the local authority or council, or by two or more local authorities jointly, and shall for that purpose have all the powers of a local authority under the Housing Acts, and those Acts shall, with the neces- sary modifications and adaptations, apply accordingly. Transferred to a county council. See section 3 hereof. HOUSING, TOWN PLANNING, ETC., ACT, 1919 379 Joint sclieme. See section 1 (6) hereof. S. 4(19). Obligations. See sections 1 and 2 hereof. An opportunity of being heard. See note to section 3(1) hereof. Housing Acts. See section 52 (2) hereof. (2.) Any expenses incurred by the Board in the exer- cise of such powers as aforesaid shall in the first instance be paid out of moneys provided by Parliament, but the amount certified by the Board to have been so expended, and to be properly payable by a local authority shall on demand be paid to the Board by the local authority and shall be recoverable as a debt due to the Crown, and the payment of the sum so payable to the Board shall be a purpose for which the local authority may borrow under Part III of the principal Act. May borrow under Part III. See section 66 of the Act of 1890 and note thereto. 5. Without prejudice to any other powers for enforcing Power to act the provisions of the Housing Acts, where the Local of local Government Board are satisfied that any area within ^^^°"*^ the district of a local authority is an area in respect of ^^^}%^ which the local authority ought to exercise their powers principal Act. under Part I or Part II of the principal Act, the Board may by order require the local authority to make a scheme for the improvement of such area either under Part I or under Part II of that Act and to do all things necessary under the Housing Acts for carrying into execution the scheme so made, and, if the local authority fail within such time as may be prescribed by the order to make a scheme to the satisfaction of the Local Govern- ment Board and to carry the scheme into execution, the Board may either by order empower the county council to make and carry out a scheme, or themselves 380 LAW AND PRACTICE WITH REGARD TO HOUSING S. 5 (19). make and take su6h steps as may be necessary to carry out a scheme, and the provisions of the last two fore- going sections of this Act in regard to the powers of county councils and the Board, as the case may be, shall apply. Other powers for enforcing. See sections 10, 13, 16, 31, 38, 39 (8) and 45 of the 1890 Act, section 4 (1) of the 1903 Act, and sections 10 and 11 of the 1909 Act, and notes thereto. Satisfied. See section 6, below, for one means. Powers under Part I or Part II. Including those to make improvement or reconstruction schemes for un- healthy areas (Part I) and unhealthy dwelling houses (Part II). If the local authority fail to effect these schemes the Ministry may do so, or may empower the county council, at the expense of the local authority — having thus the same power as in the case of (Part III) housing schemes (see sections 3 and 4 hereof). Under section 4 of the 1890 Act the local authority are not required to act unless satisfied of the sufficiency of their resources, but see note to that section. No " scheme " is necessary in the case of closing or demolition orders under sections 17 and 18 of the 1909 Act, and unless the evils which such orders are directed against come under section 39 of the 1890 Act, and so become the subjects of a " scheme " the present section apparently does not apply. But section 10 of the 1909 Act applies and gives a remedy. The same is true of obstructive buildings — section 38 of the 1890 Act — but in that case the remedy is given by section 11 of the 1909 Act. Inspection by county medical officer of health. 6. Where a representation is made to the Local Govern- ment Board as respects any county district that the local authority have failed to exercise their powers under Part I or Part II of the principal Act, the Board may direct the county council to instruct the medical officer of health of the county to inspect such district and to make a report to the Board as to the exercise of the powers aforesaid by the local authority. HOUSING, TOWN PLANNING, ETC., ACT, 1919 381 See notes to section 5, above. s. 6 (19). County district excludes county boroughs. The representation may be made by any person or body. This section provides one means of setting in motion the powers of section 5, above. Financial Provisions 7. (1.) If it appears to the Local Government Board Power to that the carrying out by a local authority, or by a county [og^Jsf council to whom the powers of a local authority have been transferred under this Act, of any scheme approved under section one of this Act, or the carrying out of a re-housing scheme in connection with a scheme made under Part I or Part II of the principal Act, including the acquisition, clearance, and development of land included in the last-mentioned scheme, and whether the re-housing will be effected on the area included in that scheme or elsewhere, or the carrying out of any scheme approved by the Board for the provision of houses for persons in the employment of or paid by a county council or a statutory committee thereof, has resulted or is likely to result in a loss, the Board shall, if the scheme is carried out within such period after the passing of this Act as may be specified by the Board with the consent of the Treasury, pay or undertake to pay to the local authority or county council out of moneys pro- vided by Parliament such part of the loss as may be determined to be so payable under regulations made by the Board with the approval of the Treasury, subject to such conditions as may be prescribed by those regulations. Carrying out. Including preparation. Anything which is part of the approved scheme will get the State subsidy, subject to the regulations. 38^ LAW AND PRACTiCE WlfH REGARD TO HOUSING S. 7 (19). Transferred under this Act. By sections 3 and 5, above. Scheme approved. It is only to an approved scheme that the State subsidy is given. The re-housing scheme under Parts I or II of the 1890 Act must be confirmed or sanctioned by the Ministry — see sections 8, 11, 39 and 40 of that Act. There is no subsidy for a slum clearance scheme unless it is accompanied by re-housing. Note section 2 (2) of the Housing (Additional Powers) Act, 1919. Provision of houses . . . hy a county council. See section 8 hereof. Within such period. See article 111 of the below- mentioned regulations. Regulations. See pages 537 ( Local Authorities) and 76 (County Councils). Further as to these regulations — see subsections (2), (3) and (4) below, (2.) Such regulations shall provide that the amount of any annual payment to be made under this section shall — (a) in the case of a scheme carried out by a local authority, be determined on the basis of the estimated annual loss resulting from the carrying out of any scheme or schemes to which this section applies, subject to the deduction therefrom of a sum not exceeding the estimated annual produce of a rate of one penny in the pound levied in the area charge- able with the expenses of such scheme or schemes ; and (6) in the case of a scheme for the provision of houses for persons in the employment of or paid by a county council, or a statutory committee thereof, be an amount equivalent during the period ending on the thirty-first day of March nineteen hundred and twenty-seven to fifty per centum and thereafter to thirty per centum of the annual loan charges as calculated in accordance with the regulations SOUSING, TOWN PLANNING, ETC., ACT, 1919 ^S^ on the total capital expenditure incurred by the S. 7 (19). county council for the purposes of the scheme : Provided that the regulations shall include provisions — (i) for the reduction of the amount of the annual payment in the event of a failure on the part of the local authority or county council to secure due economy in the carrying out and administra- tion of a scheme to charge sufficient rents or other- wise to comply with the conditions prescribed by the regulations ; (ii) for the determination of the manner in which the produce of a rate of one penny in the pound shall be estimated ; and (iii) for any adjustment which may be necessary in consequence of any difference between the estimated annual produce and the actual produce of the said rate of one penny in the pound. The financial basis of the State subsidy to local authorities is given in the regulations printed on page 537 ; and to county councils in the regulations printed on page 76. As to rents and the general management of the houses — see section 61 of the 1890 Act. The words printed in italics were added by section 4 of the Housing (Additional Powers) Act, 1919, their effect being to render additional assistance to county councils for the purposes and the period named. (3.) Every regulation so made shall be laid before both Houses of Parliament as soon as may be after it is made, and, if an address is presented by either House within twenty-one days on which that House has sat next after any such regulation is laid before it praying that the regulation may be annulled, His Majesty in Council may annul the regulation, but without prejudice to the validity of anything previously done thereunder. 384 LAW AND PRACTICE WITH REGARD TO HOUSING S. 7 (19). This is taken, substantially, from the National Insur- ance Act, 1911, section 65, but there is no provision that the regulations made under the present section " shall have effect as if enacted in this Act " — an omission of possible importance in view of expressions used in Glasgow Insurance Committee v. Scottish Insurance Com- missioners. See also hereon R. v. Baggallay, Hurlock V. Shinn [1913] I. K.B. 290, and O'Neill v. Middlesex Insurance Committee [1916] I. K.B. 331. Section 19 (3) hereof is in identical terms. (4.) Where a loan is made by the Public Works Loan Commissioners for the purposes of a scheme towards the losses on which the Local Government Board are liable to contribute under this section the loan shall, notwithstanding anything in section three of the Housing, 9 Edw. 7. Town Planning, &c., Act, 1909, be made on such terms and conditions as the Treasury may prescribe. This subsection shall be deemed to have had effect as from the first day of April, nineteen hundred and nine- teen, as respects any proposals made by a local authority and approved by the Local Government Board before the passing of this Act as respects which the Board may have signified their intention to direct that they shall be treated as a scheme for the purposes of this section. A Treasury Minute, dated 1st November 1920 (see page 536), fixes the present rate of interest on loans from the Local Loans Fund. See also note to section 3 of the 1909 Act (page 291), and note to section 25 (5) of the 1890 Act (page 166). (5.) The provisions of this section relating to the carrying out of a scheme for the provision of houses for persons in the employment of or paid by county councils shall apply to the Lancashire Asylums Board, the West Riding of Yorkshire Asylums Board or other body c. 41. HOUSING, TOWN PLANNING, ETC., ACT, 1919 385 constituted for the purpose of the administration of the s. 7 (19). Lunacy Acts, on behalf of any combination of county councils and county borough councils. See the foregoing subsections hereof and the next section. In most counties the county council is the asylum authority, but not in the cases of Lancashire and the West Riding of Yorkshire. Where the asylum authority provides houses for its servants, it will get the State subsidy like the county councils. 8. (1.) Where money is borrowed by a county council Powers of for the purpose of the provision of houses for persons councL in in the employment of or paid by the council or a statutory ^th^the°'* committee thereof, or of acquiring land for such houses, housing of ' their em- the maximum period for repayment shall be eighty ployees. years, and as respects money so borrowed eighty years shall be substituted for thirty years in subsection (5) 5i&52Vict. of section sixty-nine of the Local Government Act, 1888. See subsection (3) below, and also section 18 (4) hereof. The said section 69 (5) reads, " a loan under this section shall be repaid within such period, not exceeding thirty years, as the county council, with the consent of the Local Government Board, determine in each case." (2.) Where a loan is made by the Public Works Loan Commissioners to a county council for any such purposes as aforesaid, it shall be made on the same terms and conditions as a loan to a local authority for the purposes of the Housing Acts. See section 7 (4) hereof ; sections 25, 43, 46 and 66 of the 1890 Act and section 1 of the 1903 Act, and notes thereto. (3.) A county council shall have power and shall be deemed always to have had power to provide houses for persons in the employment of or paid by the council or a statutory committee thereof, and for that purpose 25 S86 LAW AND PRACTICE WITH REGARD TO HOUSING S. 8 (19). a county council may be authorised to acquire land in like manner as a local authority may be authorised to acquire land for the purposes of Part III of the principal Act. This section shall apply to any such board or body as is mentioned in subsection (5) of section seven of this Act in like manner as it applies to a county council, with the substitution of a reference to the provisions fixing the period within which such board or body is required to repay loans for the reference to subsection (5) of section sixty-nine of the Local Government Act, 1888, Deemed always. . . . Certain county councils have provided houses for persons in their employment. This subsection sets at rest any doubt as to their powers in that regard. To acquire land in like manner. See sections 10, 11 and 12 hereof and notes thereto. Note the power to acquire for garden cities, &c. — section 10 of the Housing (Additional Powers) Act, 1919. For power to acquire water rights — see section 14 hereof. Section 57 of the 1890 Act is the original section dealing with acquisi- tion for Part III purposes. With the substitution of. The asylums boards mentioned in section 7 (5) hereof will not borrow under the provi- sions of the Local Government Act, 1888, but under their own special Acts — namely, the Lancashire County Lunatic Asylums Act and the West Riding of Yorkshire Lunatic Asylums Act. Provisions as to the Acquisition and Disposal of Land, &c. Provisionaaa 9. (1.) Where land included in any scheme made or to assess- ^ |^ made under Part I or Part II of the principal Act ment of com- ^ ^ pensation. (other than land included in such a scheme only for the purpose of making the scheme efficient and not on account of the sanitary condition of the premises thereon or of those premises being dangerous or prejudicial to health) is acquired compulsorily, the compensation to HOUSING, TOWN PLANNING, ETC., ACT, 1919 387 be paid for the land, including any buildings thereon, s. 9 (19). shall be the value at the time the valuation is made of the land as a site cleared of buildings and available for development in accordance with the requirements of the building byelaws for the time being in force in the district : Provided that, if in the opinion of the Local Govern- ment Board it is necessary that provision should be made by the scheme for the re-housing of persons of the working classes on the land or part thereof when cleared, or that the land or a part thereof when cleared should be laid out as an open space, the compensation payable to all persons interested in any land included in the scheme (other than as aforesaid) for their respective interests there- in shall be reduced by an amount ascertained in accordance with the rules set forth in the First Schedule to this Act. Schemes under Part I or Part II. These are improve- ment and reconstruction schemes affecting unhealthy areas and unhealthy dwelling-houses. Under section 6 of the 1890 Act (page 140) the improvement scheme made by the local authority may include any neigh- bouring lands for making their improvement scheme efficient ; and under section 38 thereof (page 178) an order may be made for the demolition of an obstructive building and the land on which it is erected may be acquired. In either case these lands — namely, those referred to in the parenthesis — are not subject to the provisions of the present section, but are to be dealt with under sections 21 and 41 of the 1890 Act ; subject, however, to the Acquisition of Land (Assessment of Compensation) Act, 1919, section 7 (1) proviso. The comjpensation to he paid. The First Schedule reads as follows : — Rules for determining the Amount op Reduction OP Compensation (a) The value of the whole of the land included in the scheme shall first be ascertained on the basis 388 LAW AND PRACTICE WITH REGARD TO HOUSING S- 9 (19). of its value as a cleared site available for develop- ment in accordance with the requirements of the building byelaws in force in the district. (6) The value of the whole of the said land shall next be ascertained on the basis of its value as a cleared site subject to the requirements of the scheme as to the provision to be made for the re-housing of persons of the working classes or the laying out of open spaces on the land or any part thereof, (c) The difference between the amounts ascertained under paragraph (a) and paragraph (6) shall then be computed. (d) The amount by which the compensation payable for the respective interests in the land to which section nine of this Act applies, as ascertained in accordance with the principle laid down in that section, is to be reduced shall be a fraction thereof equal to the amount arrived at under paragraph (c) when divided by the amount arrived at under paragraph (a). It should first be noted that " building byelaws " are defined by section 40 hereof ; and that the lands included in the scheme for the purpose of making it efficient are not subject to these deductions (see above). The remainder of the words in the subsection and the schedule can be explained by an illustration : — Let the whole of the land in the area (including that for making the scheme efficient) be valued per rule (a) in the schedule at £100,000. Let the whole of the land (as aforesaid) be valued per rule (6) in the schedule at £60,000. Then the constant factor, per rules (c) and {d), by which the value of the " insanitary " land will be reduced is — 100,000— 60, 000 _ 2 100,000 ~5 Such reduction applies, of course, only where the proviso applies. As a site cleared of buildings. It would appear that no compensation is to be paid for the buildings. In that case it will be to the advantage of all interested in the buildings to preserve them from becoming condemned. In this HousmG, Tovrs planning, etc., act, 1919 389 connection reference should be made to section 30 hereof, s. 9 (19). which gives the court power to authorise the superior landlord to enter and execute works. Section 12 (1) (&) hereof gives another power of dealing with this bad property. See also section 28 as to the repair of houses. In some cases, however, it may be to the advantage of the ground landlord if the property is made the subject of a scheme. It is not the policy of the Ministry that re-housing should take place in slum areas, but rather that the re-housing should be on the outskirts of cities. Except in special cases, the Ministry may not be of opinion that "it is necessary that provision should be made by the scheme for the re-housing of persons of the working classes on the land or a part thereof when cleared, or that an open space be provided." In that case the commercial value would be paid, to the con- siderable advantage of the ground landlord who has let the land on a long lease, and has seen the area steadily degenerating into a slum. Generally. The subject of unhealthy areas and houses is dealt with in Chapter III. (2.) The provisions of sections twenty-one and forty- one of the principal Act shall cease to apply as respects lands to which the provisions of this section apply, in so far as such first-mentioned provisions are inconsistent or in conflict with the provisions of this section. The effect of this subsection is that the insanitary property does not get the advantages of the quoted sections, but only those advantages subject to subsection (1) above. See the notes to the quoted sections. 10. (1.) Where an order authorising a local authority power of to purchase land compulsorily for the purposes of Part III acqSred!^"'* of the principal Act has been made and confirmed under the provisions of Part I of the Housing, Town Planning, &c., Act, 1909, then, at any time after notice to treat has been served, the local authority may, after giving 390 LAW AND PRACTICE WITH REGARD TO HOUSESTG S. 10 (19). not less than fourteen days' notice to the owner and occupier of the land, enter on and take possession of the land or such part thereof as is specified in the notice with- 8 & 9 Vict, out previous consent or compliance with sections eighty- four to ninety of the Lands Clauses (Consolidation) Act, 1845, but subject to the payment of the like compen- sation for the land of which possession is taken and interest on the compensation awarded as would have been payable if those provisions had been complied with. This subsection covers the case of compulsory purchase ; subsection (2) covers purchase by agreement. Section 2 of the Act of 1909 authorises a local authority to purchase land compulsorily for the provision of lodging houses for the working classes (Part III of the 1890 Act) by means of an order submitted to the Local Govern- ment Board, and confirmed by the Board in accordance with the First Schedule to the 1909 Act — see pages 289 and 350. See also sections 5 and 28 of that Act. The procedure for compulsory purchase is outlined in the Housing Acts (Compulsory Purchase) Regulations, 1919, printed on page 526. As to the compensation to be paid — see the Acquisition of Land (Assessment of Compensation) Act, 1919, page 495. This section is very similar to section 2 of the Land Settlement (Facihties) Act, 1919, 9 and 10 Geo. 5. c. 59. The present subsection, section 11 (3) below, and the regulations above referred to, expedite progress with housing schemes. The order will be more quickly made and confirmed. On confirmation notice to treat may be given, and then, after fourteen days' notice to the owner and occupier of the land, the local authority may take possession, subject to the payment of compensation subsequently awarded. See also the Unemployment (Relief Works) Act, 1920, page 488. Oivner and Occupier. By sections 18 and 121 of the Lands Clauses Consolidation Act, 1845, the promoters HOUSING, TOWN PLANNING, ETC., ACT, 1919 391 are required to serve a notice to treat on all parties S. lo (19). interested in the lands to be taken, and the claim of each party is to be separately assessed ; but a tenant whose interest in the land is for less than a year is not entitled to a notice to treat, though if possession of the lands occupied by him is required before the expiration of his term or interest, he is entitled to compensation. (2.) Wher& a local authority have agreed to purchase land for the purposes of Part III of the principal Act, or have determined to appropriate land for those purposes, subject to the interest of the person in possession thereof, and that interest is not greater than that of a tenant for a year or from year to year, then, at any time after such agreement has been made, or such appropriation has been approved by the Local Government Board, the local authority may, after giving not less than four- teen days' notice to the person so in possession, enter on and take possession of the land or such part thereof as is specified in the notice without previous consent but subject to the payment to the person so in possession of the like compensation with such interest thereon as aforesaid as if the local authority had been authorised to purchase the land compulsorily and such person had in pursuance of such power been required to quit possession before the expiration of his term or interest in the land, but without the necessity of compliance with sections eighty-four to ninety of the Lands Clauses (Consolidation) Act, 1845. Agreed to purchase. See section 57 of the Act of 1890. Purposes of Part III. The provision of working-class lodging houses. Determined to appropriate. See sections 23 and 57 (3) of the Act of 1890. Person in jjossession. The object of this subsection is to cover the case where the local authority have 392 LAW AND PRACTICE WITH REGARD TO HOUSING S. 10 (19). reached the position of landlords, and so are able to give the tenant (of the nature mentioned) notice to quit : they do not need to await the expiration to the notice to quit, but can enter after fourteen days' notice, subject to the payment of the compensation which is due under section 121 of Lands Clauses Consolidation Act, 1845. In the case of the occupier having a greater interest than that of a tenant from year to year, the local authority could not proceed under this subsection, but, if they required early possession, would have to proceed by purchase, compulsory or otherwise — see subsection (1) above, and, particularly, the note headed " Owner and Occupier." If the local authority, being landlords, like to give notice to quit and to await its expiration, they do not need to pay anything to the tenant. As aforesaid. See the above subsection (1) and notes thereto. Amendment of pro- cedure for compulsory acquisition of land. 11. (1.) Paragraph (7) of the First Schedule to the Housing, Town Planning, &c., Act, 1909 (which provides for special procedure in the case of the acquisition of land, for the purposes of Part III of the principal Act, situate in London or in a borough or urban district), shall cease to have effect. Paragraph 7, required a special inquiry (by an im- partial person, &c.) where the land proposed to be ac- quired was situate in London or in a borough or urban district, even if no objection had been made. But, subject to subsection (3) below, a public inquiry has still to be held where an objection is made. See also subsection (2) below. As to the compensation to be paid for land acquired compulsorily — see the Acquisition of Land (Assessment of Compensation) Act, 1919 (page 495). (2.) Where the confirming of an order made under that schedule is opposed, the Local Government Board shall, before confirming the order, duly consider the report of the person hy whom, under paragraph (G) HOUSING, TOWN PLANNING, ETC., ACT, 1919 393 of the said schedule, a public inquiry is held, and the S. ii(i9). Local Government Board shall not confirm any order for the compulsory acquisition of land under that schedule, even when the order is unopposed, if they are of opinion that the land is unsuited for the purpose for which it is proposed to be acquired. Paragraph {0). See page 352. By paragraph 2 of the same schedule, the order submitted to the Board by the local authority is of no force until it is confirmed by the Board. But the Board had not the option, previously, to refuse to confirm an unopposed order, though it could modify it. There is no appeal from the Board (Ministry), but if it acts improperly or does not act judiciously, the local authority might get redress by certiorari and mandamus. (3.) Notwithstanding the provisions of paragraph (6) of the First Schedule to the Housing, Town Planning, &c., Act, 1909, any order for the compulsory acquisition of land which is duly submitted after the date of the passing of this Act, and before the expiration of two years from that date, by a local authority under the provisions of Part I of the Housing, Town Planning, &c., Act, 1909, may be confirmed by the Local Government Board without a public inquiry. Paragraph 6. See note to subsection (2) above. It requires a public inquiry when an objection is made. Passing of this Act. 31st July 1919. Part I of the Act of 1909 relates to housing of the working classes. Generally. This subsection is of importance, particu- larly as it applies also to the acquisition of water rights (section 14, below) ; but, doubtless, the Ministry will be careful before confirming, especially where water rights are in question. See the Housing Acts (Compulsory Purchase) Regula- tions and the Housing Acts (Compulsory Purchase) 394 LAW AND PRACTICE WITH REGARD TO HOUSING S. 11 (19). Amendment Regulations, 1919, printed on pages 526 and 531. (4.) The amendments to the said schedule effected by this Act shall apply to that schedule as originally enacted but not as applied by any other enactment. Amendments effected. See preceding subsection. Section 50 hereof repeals the seventh paragraph of the said schedule. Said schedule. First Schedule to the Act of 1909 — see page 350. As applied by any other enactment. By the Education Act, 1918, the procedure to be followed by education authorities when acquiring land for the erection of schools was laid down by reference to the First Schedule to the Act of 1909. Education authorities have, there- fore, to proceed in accordance with that schedule as originally enacted. Additional 12. (1.) The powers of a local authority to acquire powers aa to ^ r -r* txx r i • • 1 * acquisition land lor the purposes of Fart 111 of the principal Act houses. ^^ shall be deemed to include power — (a) to acquire any houses or other buildings on the land proposed to be acquired as a site for the erection of houses for the working classes ; and (6) to acquire any estate or interest in any houses which might be made suitable as houses for the working classes, together with any lands occupied with such houses ; and the local authority shall have power to alter, enlarge, repair and improve any such houses or buildings so as to render them in all respects fit for habitation as houses for the working classes. Powers . . . to acquire land for the purposes of Part III. The purposes of Part III are the provision of houses or cottages for the working classes, &c. — see section 53 of the 1890 Act. By section 57 of that Act they may acquire land for those purposes (by agreement or com- HOUSmCx, TOWN PLANNING, ETC., ACT, 11)19 395 pulsory purchase), or they may appropriate for those s. 12 (19). purposes any land vested in them or at their disposal. See also sections 58 and 59 thereof, section 1 of the 1900 Act, section 11 of the 1903 Act, and sections 2 (3), 8, 40, 45, 73 and 74 of the 1909 Act. Note also the power of acquisition for garden city purposes, &c., conferred by section 10 (1) of the Housing (Additional Powers) Act, 1919. The compulsory acquisition procedure is laid down in the 1909 Act, section 2 and the First Schedule, but the assessment of compensation is now governed by the Ac- quisition of Land (Assessment of Compensation) Act, 1919 (page 495). As to acquisition by agreement, sections 175-178 of the Public Health Act, 1875, apparently still apply, though several of their provisions have been modified — see sections 13, 14 and 15 hereof, and section 40 of the 1909 Act. The general effect of sections 175-1"78 of the Public Health Act, 1875, is that a local authority may for the purposes of the Act purchase, take on lease, sell or exchange any lands, in or out of their district ; buy up any water-mill, dam or weir which interferes with their drainage or water supply ; let for any term any of their lands which they can conveniently spare ; and purchase from the Duchy of Lancaster. The Lands Clauses Consolidation Acts, 1845, 1860, and 1809, &c., are also applied, and may be useful when dealing with limited interests and the payment of money into Court, &c. As to the disposal of the land or buildings — see section 15 hereof. To qualify for the State assistance under section 7 hereof, the acquisition must first be approved by the Minister. Which might be made suitable. These words cover many possibilities, including houses subject or liable to a closing order, and houses which though not yet slums are below the modern standard, perhaps primitive as regards sanitary arrangements or otherwise unsuitable. The local authority can acquire such houses and alter, enlarge, repair and improve them. As regards the latter houses — section 28 hereof should be read : in a sense it gives an alternative, and permits the local authority to require the owner to effect repairs. Both these 396 LAW AND PRACTICE WITH REGARD TO HOUSING S. 12 (19). powers are important, as for some years, until the housing shortage is overtaken, many people will have to live in adapted or repaired houses. It should be noticed, however, that the presumption under the present sub- section is that the houses are not suitable, while under section 28 the contrary is the case ; though the proviso to section 28 (1) refers to the house which " is not capable without reconstruction of being rendered fit for human habitation." Probably such a house could be purchased by the local authority under the present subsection — of course at a reduced price. The matter is of some im- portance as, owing to the restriction of rents and high costs, it is at present difficult to induce some landlords to spend money in repairing or improving their property. The words cover the work of turning large houses into flats, on which subject reference may also be made to section 27 hereof. See also the Ministry's Manual on the Conversion of Houses into Flats for the Working Classes, price 1-s. (2.) The purposes for which land may be acquired under Part III of the principal Act shall be deemed to include — (a) the lease or sale of the land, under the powers conferred by this Act, with a view to the erection thereon of houses for the working classes by persons other than the local authority ; and (6) the lease or sale under the powers conferred by this Act of any part of the land acquired with a view to the use thereof for purposes which in the opinion of the local authority are necessary or desirable for or incidental to the development of the land as a building estate, including the provision, maintenance, and improvement of houses and gardens, factories, workshops, places of worship, places of recreation, and other works or buildings for or for the convenience of persons belonging to the working classes and other persons. HOUSING, TOWN PLANNING, ETC., ACT, 1919 397 Purposes . . . under Part III. See note to last s. 12 (lO). subsection, Poivers conferred hy this Act. See section 15 hereof. The powers of sale or lease are to be exercised subject to the consent of the Minister of Health. Persons other, including public utility societies, housing trusts, and private individuals, who have no power to acquire land compulsorily. See section 18 (1) hereof. Paragraph (b). Note that the wide terms hereof are re- stricted by the words " development of the land as a building estate." Under section 11 of the 1903 Act, there is power to provide and maintain shops, recreation grounds, &c., with the consent of the Ministry. (3.) Subject to the consent of the Local Government Board and to such conditions as the Board may prescribe, a local authority may, for the purposes of Part III of the principal Act, contract for the purchase by or lease to them of houses suitable for the working classes, whether built at the date of the contract or intended to be built thereafter. Prescribe by regulations. No regulations appear to have been made by the Ministry, but they have issued a circular (No. 39). Part III. This subsection re-enacts in somewhat more careful terms section 57 (3) of the 1890 Act, which is repealed by section 50 and the Fifth Schedule hereof. Some doubts had arisen as to the interpretation of that subsection. Some private builders have availed themselves of these powers, but for the most part they are at present proceeding under section 1 of the Housing (Additional Powers) Act, 1919, whereby they secure a State sub- sidy. Purchase. But if the house purchased has received a grant under the Housing (Additional Powers) Act, 1919, the local authority will not get additional assistance under section 7 hereof — see section 2 (2) of that Act. 398 LAW AND PRACTICE WITH REGARD TO HOtTSING S. 13 (19) 13^ Where a local authority have under section four acquire in °^ ^^^ principal Act passed a resolution that an area is l^TsTn ^^ unhealthy area and that an improvement scheme areas pro- ought to be made in respect of such area, or have under posed for inclusion in section thirty-nine of the principal Act passed a resolu- improvement ,. ,. . i <• i . schemes tion directmg a scheme to be prepared for the improve- l"and l/ of ^cnt of an area, the local authority may, with the con- pnncipal ggj^^ ^f ^^^ Subject to any conditions imposed by the Local Government Board, acquire by agreement any lands included within the area notwithstanding that the scheme may not at the time of acquisition have been made by the local authority or confirmed or sanctioned by the Local Government Board ; and the acquisition of such lands shall be deemed to be a purpose for which the local authority may borrow money under and subject to the provisions of Part I or, as the case may be, Part II of the principal Act. Section 4 of the principal Act provides that a local authority, on being satisfied of the unhealthiness of an area, shall, under certain conditions, make an improve- ment scheme. Section 3d of the principal Act deals substantially with the same subject, but technically for unhealthy houses rather than for areas. A resolution is preliminary to the making of a scheme, and confirmation or sanction is necessary before it can be carried out. Provisions of Part I or . . . Part II. Section 25 of the 1890 Act deals with the power of borrowing money for the purposes of Part I, and sections 43 and 4G for the purposes of Part II ; but as regards the latter there is an extension by section 1 of the Act of 1894. Object of the section. The object of the section is to enable the local authority to acquire by agreement land to be included in the improvement scheme, before the scheme is made or is approved by the Ministry. The negotiations in connection with the approval of the 38 & 39 Vict, c. 55. HOUSING, TOWN PLANNING, ETC., ACT, 1919 399 scheme sometimes occupy about seven months, and during s. 13 (19). that period the local authority may have an opportunity to purchase the land by agreement. Under the old Acts they could not avail themselves of such an opportunity. The subsection has nothing to do with the prior acquisition of land under Part III, as to which — see section 2 (3) of the 1909 Act. 14. A local authority or a county council may, not- Power to withstanding anything in section three hundred and wate'/rights twenty-seven or section three hundred and thirty-two of the Public Health Act, 1875, but subject to the pro- visions of section fifty-two of that Act, be authorised to abstract water from any river, stream, or lake, or the feeders thereof, whether within or without the district of the local authority or the county, for the purpose of affording a water supply for houses provided or to be provided under a scheme made under the Housing Acts, and to do all such acts as may be necessary for affording a water supply to such houses, subject to a prior obligation of affording a sufficient supply of water to any houses or agricultural holdings or other premises that may be de- prived thereof by reason of such abstraction, in like manner and subject to the like restrictions as they may be autho- rised to acquire land for the purposes of the scheme : Provided that no local authority or county council shall be authorised under this section to abstract any water which any local authority, corporation, company, or person are empowered by Act of Parliament to impound, take or use for the purpose of supply within any area, or any water the abstraction of which would, in the opinion of the Local Government Board, injuriously affect the working or management of any canal or inland navigation. Or a county council. Even though the county council may have nothing to do with the housing scheme. 400 LAW AND PRACTICE WITH REGARD TO HOUSING S. 14 (19). Restriction on construc- tion of waterworks by local authority. Sections 327 and 332 of the Public Health Act, 1875, provide that nothing in that Act shall authorise any local authority to interfere with or injuriously affect certain navigation and water rights, &c. Section 52 of that Act is as follows : — " 52. Before commencing to construct waterworks within the limits of supply of any water company empowered by Act of Parliament or any order confirmed by Parliament to supply water, the local authority shall give written notice to every water company within whose limits of supply the local authority are desirous of supplying water, stating the purposes for which and (as far as may be practic- able) the extent to which water is required by the local authority. " It shall not be lawful for the local authority to construct any waterworks within such limits if and so long as any such company are able and willing to supply water proper and sufficient for all reason- able purposes for which it is required by the local authority ; and any difference as to whether the water which any such company are able and willing to lay on is proper and sufficient for the purposes for which it is required or whether the purposes for which it is required are reasonable, or (if and so far as the charges of the company are not regulated by Parliament) as to the terms of supplj^ shall be settled by arbitration in manner provided by this Act." Note that by section 45 of the 1909 Act, the Housing Acts give no authority to compulsorily acquire for housing purposes, land which has been acquired by a water company. The general subject of water rights, apart from the present section (14), is a big and difficult one. See particularly sections 51 to 70 of the Public Health Act, 1875, which are fully discussed on pages 117 to 146 of Lumley's Public Health, 8th edition. Section 62 of that Act is summarised on page 61 hereof, and there are sum- maries of provisions in other Acts on pages 60 to 65. May be authorised, presumably by the Ministry of Health, which doubtless would have to be satisfied on the points raised in the proviso. If the authority were incorrectly given, it would be null and void. HOUSING, TOWN PLANNING, ETC., ACT, 1919 401 Housing Acts. See section 52 (2) hereof. Apparently s. 14 (19). the power here applies also to houses erected by public utility societies and housing trusts, inasmuch as they present "schemes" (see section 19), but it is question- able if it applies to houses erected by private persons ; nor does it allow a local authority which is building no new houses to start a water scheme. Prior obligation of affording a sufficient supply. The premises deprived have the first claim, but only to a sufficient supply and not necessarily to as large a supply as they previously enjoyed. " Other premises " would include an industrial undertaking or workshop, &c. In like rnanner. . . . See notes to sections 11 (3) and 12 (1) hereof. During the committee stage of the 1919 Act, Major (now Lord) Astor on behalf of the Ministry, in discussing the acquisition of water rights, said : " No authority can ... go outside its area and invade another area without the express sanction of the Local Government Board, and we give the undertaking that we will notify any authority that appears [to be], or might be, affected by the proposal" {Debates, cols. 138-9). The object of this section is to enable local authorities and county councils to secure a water supply for houses built under a housing scheme, without the necessity of promoting a private Bill in Parliament. 15. (1.) Where a local authority have acquired or Powers of appropriated any land for the purposes of Part III of land the principal Act, then, without prejudice to any of ^^^^^^ their other powers under that Act, the authority may — (a) lay out and construct public streets or roads and open spaces on the land ; (6) with the consent of the Local Government Board sell or lease the land or part thereof to any person for the purpose and under the condition that that person will erect and maintain thereon such number of houses suitable for the working classes as may be fixed by the local authority in accordance with plans approved by them, and when necessary will 26 402 LAW AND PRACTICE WITH REGARD TO HOUSING S. 15 (19). lay out and construct public streets or roads and open spaces on the land, or will use the land for purposes which, in the opinion of the local authority, are necessary or desirable for or incidental to the development of the land as a building estate in accordance with plans approved by thelocal authority, including the provision, maintenance, and improve- ment of houses and gardens, factories, workshops, places of worship, places of recreation and other works or buildings for, or for the convenience of, persons belonging to the working classes and other persons ; (c) with the consent of the Local Government Board sell the land or exchange it for land better adapted for those purposes, either with or without paying or receiving any money for equality of exchange ; {d) with the consent of the Local Government Board sell or lease any houses on the land or erected by them on the land, subject to such covenants and conditions as they may think fit to impose either in regard to the maintenance of the houses as houses for the working classes or otherwise in regard to the use of the houses, and upon any such sale they may, if they think fit, agree to the price being paid by instalments or to payment of part thereof being secured by a mortgage of the premises : Provided that it shall be a condition of such sale or lease that the houses shall not be used by any person for the time being having any interest therein for the purpose of housing persons in his employment. Acquired or appropriated. . . . See note to section 10 (2) hereof. HOUSING, TOWN PLANNING, ETC., ACT, 1919 403 A7iy land. This is not only the land acquired under s 15 (19). section 12 (2). Other 'powers. Note the powers in section 11 of the 1903 Act. With the consent of the Local Government Board. It will be noticed that this consent is necessary under each paragraph except {a). There is no appeal, but see note to section 11 (2) hereof. Paragraph (b). The major portion of this paragraph is a repetition of section 12 (2) hereof, which permits tlie acquisition. The Ministry would doubtless be entitled to full particulars of the sale or lease, including the " plans approved." It would seem that, with the consent of the Ministry, the local authority could lease or sell the land for the erection of better class houses, as well as factories, &c., in accordance with plans approved by the local authority. The sale could be to public utility societies, &c., in which connection see section 18 (1) hereof. If the person to whom the land is so sold or let fails to erect, &c., in accordance with the condition, the local authority will have the remedy of " specific performance " — see Wolverhampton Corporation v. Emmons [1901] 1 K.B. 515, and Mohjneux v. Richard [1906] 1 Ch. 34. at page 40. Paragraph (c). This re-enacts, substantially, section 60 of the 1890 Act, which is repealed by this Act. Section 175 of the Public Health Act, 1875 (which applies to the acquisition of land under section 57 of the 1890 Act), also contains a power of sale or exchange. "Better adapted" is restrictive. Once the land is acquired (see section 12) it cannot be exchanged, even for land equally adapted for housing (or incidental) purposes. But it can be sold — in each case with the consent of the Board (Ministry) — even to a purchaser who does not intend to apply it to housing purposes. See also subsections (2) and (3) below. Paragraph (d). The Ministry would doubtless be entitled to full particulars of the covenants, conditions, &c. With regard to the sale subject to mortgage, reference should be made to the Acquisition of Small Dwellings Act, page 257. The proviso is to prevent these houses from being " tied," but it is submitted that it prevents the 404 LAW AND PRACTICE WITH REGARD TO HOFSESTG S. 15 (19). purchaser from letting to tenants who may happen to be in his employment, even though they be the only persons wanting the houses. The proviso as passed in com- mittee read : " Provided that it should be a condition of such sale or lease that the houses should not be sold or leased to an employer for the purpose of housing persons in his employment." In moving the present form of words, the Minister in charge on the report stage said : "It may be that a person would purchase houses and sell them to somebody else for the purpose of using them as tied houses, and those words [e.g. the present form] are introduced to prevent that being done. They would cover the first or second stage of these sales " (Dr. Addison, Hansard, 27th May 1919, col. 657). (2.) Where a local authority under this section sell or lease land subject to any condition as to the erection thereon of houses, or the laying out and construction of streets or the development of the land, there shall be included in the conveyance or lease all such covenants and conditions as may be necessary to secure compliance with the condition aforesaid within a reasonable period, and to limit the amount of the rent which may be charged in respect of the land or any part thereof or in respect of the houses erected thereon ; and the local authority may contribute or agree to contribute towards the expenses of the development of the land and the laying out and construction of streets thereon, subject to the condition that the streets are dedicated to the public. Under this section. See subsection 1 (6) above. The present subsection takes the place of section 6 of the 1909 Act, repealed by the Fifth Schedule hereto. (3.) Land and houses sold or leased under the provisions of this section shall be sold or leased at the best price or for the best rent that can reasonably be obtained, having regard to any condition imposed, and any capital money received in respect of any transaction under this I HOUSING, TOWN PLANNING, ETC., ACT, 1919 405 section shall be applied in or towards the purchase of s. 15 (19), other land for the purposes of Part III of the principal Act, or with the consent of the Local Government Board to any purpose, including the repayment of borrowed money, to which capital money may be properly applied. Best price. . . . Any loss would come under the pro- visions of section 7 hereof — see Articles VII (5) and VIII (3) of the Local Authorities (Assisted Housing Schemes) Regulations, 1919, pages 546 and 547, Having regard to any co7idition imposed. One condition is presumably that of subsection (1) {d) above — namely, as the maintenance of the houses as houses for the working classes. This would allow a price or rent less than the best one, in cases where the best could be obtained from a person wanting a house as, for instance, a week-end cottage. Generally. The latter part of this subsection substan- tially re-enacts section 32 of the 1909 Act, which is repealed by this Act, There is an almost identical provision in section 82 of the 1890 Act, 16. For the purpose of assisting in the preparation Power of and carrying out of schemes under this Act, or for the Government purpose of securing the immediate provision of dwelling Board to accommodation in the area of any local authority pending preparation of schemea. the preparation of a scheme by such authority, the Local Government Board may, with the consent of the Treasury, acquire and hold lands and buildings, erect buildings, alter, enlarge, repair, and improve buildings and dispose of any lands or buildings so acquired or erected, and for such purposes the Board may exercise any of the powers of a local authority under the Housing Acts in regard to the acquisition and disposal of land and buildings, A7iy of the powers. See sections 12 to 15 hereof and notes thereto. See also the Regulations on page 531, It is not expected that this section will be put to 406 LAW AND PRACTICE WITH REGARD TO HOUSING S. 16 (19). frequent use as regards its wider powers, though those powers have been valuable in some instances, notably in the conversion of houses into flats. For the rest the section will probably be used to enable the Ministry to erect buildings for exhibition or experimental purposes — as for instance model huts, houses of a new type, buildings in concrete or other slabs, &c., &c. In an emergency, especially if the local authority showed a disposition to avail itself of the three months allowed under section 1 (see, however, section 1 (5) ), the wider powers would enable the Ministry to act at once. As to the body to ultimately bear the cost of converting houses into flats — see section 3 of the Housing (Additional Powers) Act, 1919. Occupation 17. For removing doubts it is hereby enacted that a of house at a in ■, rental from person shall not, by reason only of the fact that he authority occupies a house at a rental from a local authority within "°^ Uf '^fo'r *^® meaning of Part III of the principal Act, be dis- election to qualified from being elected or being a member thereof authority. or any committee thereof. Provisions for the assistance of public utility societies, housing trusts, ajid other jjersons Powers of 18. (1.) A local authority within the meaning of and"assisting Part III of the principal Act, or a county council, may public utihty promote the formation or extension of or, subiect to societies. ^ ' •" the provisions of this section, assist a public utility society whose objects include the erection, improve- ment or management of houses for the working classes, and where such a society is desirous of erecting houses for the working classes which, in the opinion of the Local Government Board, are required, and the local authority of the area in which the houses are proposed to be built are unwilling to acquire land with a view to selling or leasing the same to the society, the county council, on HOUSING, TOWN PLANNING, ETC., ACT, 1919 407 the application of the society, may for this purpose S. 18 (19). acquire land and exercise all the powers of a local authority under the Housing Acts in regard to the acquisition and disposal of land, and the provisions of those Acts as to the acquisition of land by local authorities within the meaning of Part III of the principal Act shall apply accordingly. Local Anthority within the meaning of Part III. See page 11, Public Utility Society. These societies are discussed fully in Chapter VI, page 94. For definition — see section 40 hereof. Powers of a local authority. . . . See sections 10, 11, 12, 14 and 15 hereof and notes thereto. (2.) Any such local authority or county council with the consent of, and subject to any regulations or conditions which may be made or imposed by, the Local Govern- ment Board may, for the assistance of such a society — [a) make grants or loans to the society ; (6) subscribe for any share or loan capital of the society ; (c) guarantee or join in guaranteeing the payment of interest on money borrowed by the society or of any share or loan capital issued by the society ; on such terms and conditions as to rate of interest and repayment or otherwise and on such security as the local authority or council think fit, and, notwithstanding the provisions of section four of the Industrial and Provident 56 & 57 Vict. c. 39. Societies Act, 1893, where a local authority or county council assist such a society under this subsection, the local authority or council shall not be prevented from having or claiming an interest in the shares of the society exceeding two hundred pounds. 408 LAW AND PRACTICE WITH REGARD TO HOUSING S. 18 (19). Regulations. No regulations or conditions appear to have been made or imposed as yet. Section 4 of the Industrial and Provident Societies Act, 1893. This, and the general subject of public utility societies, is discussed in Chapter VI. (3.) Any expenses incurred by a local authority (other than the London County Council) under the provisions of tliis section shall be defrayed in the same manner as the expenses of the local authority under Part III of the principal Act, and the raising of money for the purpose of making grants or loans to or subscribing for the capital of a society under this section shall be a purpose for which the authority may borrow under that Part of that Act. Other than the London County Council. The London County Council is a local authority as per section 41 hereof. It is excluded under this subsection but comes under the next subsection, which applies to county councils. Expenses. See section 65 of the 1890 Act, and section 31 of the 1909 Act, and notes thereto. Borrow. See section 66 of the 1890 Act, section 3 (2) of the 1900 Act, section 1 of the 1903 Act, and section 3 of the 1909 Act, and notes thereto. (4.) Any expenses incurred by a county council under this section shall be defrayed as expenses for general county purposes, and the raising of money for the purpose of making grants or loans to or subscribing for the capital of a society under this section shall be a purpose for which the council may borrow ; provided that, where money is borrowed by the county council for that purpose, the maximum period for repayment shall be fifty years, and as respects money so borrowed fifty years shall be substituted for thirty years in subsection (5) of section sixty-nine of the Local Government Act, 1888. HOUSING, TOWN PLANNING, ETC., ACT, 1919 409 The same period is mentioned in section 20 (2) (a) S. 18 (19). below. The concluding words of this subsection are identical with those of section 8(1) hereof, which see. 19. (1.) Where a public utility society or a housing Powor of trust as defined by this Act has submitted to the Local ;^°"<'"'^"!''ng Government Board a scheme for the provision of houses '^""^^ ^y •^ public utility for the working classes and the scheme is approved by societies and housing the Board, then, if the scheme is carried out within such trusts, period after the passing of this Act as may be specified by the Board with the consent of the Treasury, the Board may pay or undertake to pay out of moneys provided by Parliament such contributions towards the cost of carrying out the scheme as may be determined to be payable under regulations made by the Board with the approval of the Treasury subject to such conditions (including conditions as to audit of accounts by district auditors) as may be prescribed by those regulations. Public utility society . . , housing trust. See page 94, and, for definitions, section 40. Provision of houses. The scheme could include the conversion of houses not at present suitable as houses for the working classes — see also section 20 (1). Scheme is approved. The plans will also have to be submitted to the local authority in the usual way. Carried out ivithin such period. See Article III of the below-mentioned regulations— reasonable progress before 31st July 1920, carried into effect by 31st July 1922, or such later date as the Minister may allow. Such contributions. See subsection (2) below, and note section 2 (2) of the Housing (Additional Powers) Act, 1919. Regulations. See the Public Utility Societies (Financial Assistance) Regulations, 1919, and the Housing Trusts (Financial Assistance) Regulations, 1919, printed on pages 651, 661, 669 and 673. Further regulations— namely. The 410 LAW AND PRACTICE WITH REGARD TO HOUSING S. 19 (19). Public Utility Societies (Sale of Houses) Regulations 1920 — deal with the conditions of sale, including price, of houses by public utility societies, and are printed on page 663, (2.) Such regulations shall provide that the amount of any annual payment to be made under this section shall be equivalent during the period ending on the thirty- first day of March nineteen hundred and twenty-seven to fifty per centum and thereafter to thirty per centum of the annual loan charges which would have been payable in accordance with the regulations on the total capital expenditure incurred by the public utility society or housing trust for the purposes of the scheme if the amount of that expenditure had been borrowed from the Public Works Loan Commissioners : Provided that the regulations shall include provision for the reduction of the amount of the annual payment in the event of the Local Government Board being satis- fied that the capital expenditure incurred by the public utility society or housing trust has been excessive. See subsection (1) above. The words in italics were added by section 4 of the Housing (Additional Powers) Act, 1919, their effect being to provide additional financial assistance to public utility societies and housing trusts. As to the proviso, compare section 7 (2) hereof. (3.) Every regulation so made shall be laid before both Houses of Parliament as soon as may be after it is made, and, if an address is presented by either House within twenty-one days on which that House has sat next after any such regulation is laid before it praying that the regulation may be annulled, His Majesty in Council may annul the regulation, but without prejudice to the validity of anything previously done thereunder. HOUSING, TOWN PLANNING, ETC., ACT, 1919 411 This is identical with section 7 (3) hereof. See note s. 19 (19). thereto. 20. (1.) The purposes referred to in subsection (1) Loans to of section sixty-seven of the principal Act for wliich g^c^etie?'^'*'^ the PubHc Works Loan Commissioners may advance money on loan shall extend to the purchase of houses which may be made suitable as houses for the working classes and to the purchase and development of land by a public utility society. Section 67 (1) of the Act of 1890 (see page 214) enables the Public Works Loan Commissioners to advance on loan to public utility societies such money as may be required for the purpose of constructing or improving, &c., dwellings for the working classes. See also Chapter VI. For rate of interest — see page 536. (2.) Notwithstanding anything contained in the Public 38 & 39 Vict. c. 89. Works Loans Act, 1875, or any Act amending that Act, where a loan is made by the Public Works Loan Com- missioners under section sixty-seven of the principal Act to a public utility society for the purpose of carrying out a scheme for the provision of houses for the working classes approved by the Local Government Board : — (a) The maximum period for the repayment of the loan shall be fifty instead of forty years ; (6) Money may be lent on the mortgage of an estate for a term of years absolute whereof a period not less than ten years in excess of the period fixed for the repayment of the sums advanced remains unexpired at the date of the loan ; (c) In the case of loans made during such period after the passing of this Act as may be specified by the Board with the consent of the Treasury, the money advanced on the security of a mortgage of any land 412 LAW AND PRACTICE WITH REGARD TO HOUSING S. 20 (19). or dwellings solely shall not exceed seventy-five per cent, of the purchase jDrice of the land and of the cost of its development and of the houses proposed to be mortgaged as certified by the Local Government Board ; but advances may be made by instalments in respect of the purchase money of the land to be acquired, and of the cost of its development, and in respect of the building of any house or houses on the land mortgaged as such building progresses, so that the total of the advances do not at any time exceed the amount aforesaid ; and a mortgage may accord- ingly be made to secure advances so to be made from time to time. Loans to private persons. This extends the maximum periods, &c., and other- wise eases the conditions specified in section 67 (2) of the 1890 Act. Period . . . siiecificd by the Board. No period has been specified as yet. 21. During a period of two years from the passing of this Act, the money which may be advanced by the Public Works Loan Commissioners to any private person for the purpose of constructing houses for the working classes on the security of a mortgage of any land or dwellings solely may, if the Commissioners think fit and if the houses are constructed in accordance with plans approved by the Local Government Board, exceed the amount specified in subsection (2) of section sixty- seven of the principal Act, but shall not exceed seventy- five per centum of the value of the estate or interest in such land or dwellings proposed to be mortgaged, and advances may be made by instalments from time to time as the building of the houses on the land mortgaged progresses, so that the total of the advances does not at HOUSmO, TOWN PLANNING, ETC., ACT, 1919 413 any time exceed the amount last mentioned, and a s. 21 (19). mortgage may accordingly be made to secure advances so to be made from time to time. Two years. . . . This Act was passed on 31st July 1919. It has been continued by the Expu-ing Laws Continuance Act 1920. Private person. Section 67 of the 1890 Act (page 214) is extended by this section, which it will be noticed is similar to section 20 (2) (c) above. By the said section G7 the Public Works Loan Commissioners may, out of the funds at their disposal, advance on loan to any private person entitled to any land for an estate in fee simj)le (i.e. freehold), or for any term of years absolute (i.e. leasehold), whereof not less than fifty years shall for the time being remain unexpired, such money as may be required for the purpose of constructing or improving, &c., dwellings for the working classes. In the present section the word " improving " is omitted, and so it is only where houses are being constructed that the ex- tension of the said section 67 applies. It will be noticed further that the extension is made only if the Commis- sioners think fit and if the houses are constructed in accordance with plans approved by the Board (Ministry). It will be understood that the private person gets no State subsidy, under section 7 hereof ; but he can borrow in this way even if he has no power to borrow indepen- dently of the 1890 Act— section 67 (2) (a) thereof. For the rate of interest on the loan see the Treasury Minute of 1st November 1920 (page 536), whereby the rate is fixed at 7 per cent, for loans up to thirty years, and 7|^ per cent, for loans up to forty years. See the next section for loans for the improvemeiit of housing accommodation. Under section 2 (7) of this Act the local authority must take into account any proposals under this section. 22. (1.) Where the owner of a house or building Loans by local applies to the local authority, within the meanmg of authorities Part III of the principal Act, of the district in which p°oveme™t the house is situated for assistance for the purpose of of housing ^ ^ accommoda- carrying out works for the reconstruction, enlargement, tion. 414 LAW AND PRACTICE WITH REGARD TO HOUSING S. 22 (19). or improvement thereof, and the local authority are of opinion that after the works are carried out the house or building would be in all respects fit for habitation as a house or as houses for the working classes, and that the circumstances of the district in regard to housing accom- modation are such as to make it desirable that the works should be carried out, the local authority may lend to the owner the whole or any part of such sum as may be necessary to defray the cost of the works, and any costs, charges, or expenses incidental thereto. Provided that the loan shall not exceed one half of the estimated value of the property mortgaged, unless some additional or collateral security is given sufficient to secure the excess. (2.) Before the works are commenced, full particulars of the works and, where required by the local authority, plans and specifications thereof shall be submitted to the local authority for their approval, and before any loan is made the authority shall satisfy themselves that the works in respect of which the loan is to be made have been carried out in a satisfactory and efficient manner. (3.) The raising of money for the purpose of making a loan under this section shall be a purpose for which the local authority may borrow for the purposes of Part III of the principal Act. (4.) For the purpose of this section " owner " means any person whose interest, or any number of persons whose combined interests constitute either an estate of fee simple in possession or, in the case of copyhold land, a similar estate, or a leasehold interest in possession for a term of years absolute whereof a period of not less than ten years in excess of the period fixed for the repayment of the loan remains unexpired at the date of the loan. HOUSING, TOWN PLANNING, ETC., ACT, 1919 415 See the previous section for loans for the construction S. 22 (in). of houses ; the present section deals with reconstruction, enlargement or improvement of existing premises. For the Form of Application, &c., see page 579. Local authority. . . . See page 1 1 . The local authority have unrestricted power under this section, e.g. nothing has to be approved by the Ministry. They must take into account (see section 2 (7) hereof) any proposals under this section. Subsection ( 1) appears to contemplate a loan or advance before the works are completed, indeed to help the works to be commenced. But subsection (2) prohibits the loan until the works are done. There thus appears to be nothing to induce the owner to apply to the local authority unless he cannot borrow elsewhere, or unless he can borrow more cheaply from the local authority — on which latter point it may be noted that the rate of interest to be charged by the local authority is not specified. How- ever, the section is by no means useless, as the property is, by hypothesis, unfit for habitation — in which case, even after renovation, a private lender might be difficult to find. Further, the local authority might agree to lend, subject to subsection (2), thus encouraging the owner to make the improvements. As to subsection (3) — see note (" Borrow ") to section 18 (3) hereof. The final portion of subsection (4) is similar to section 20 (2) (&). 23. Subject to any conditions prescribed by the Local Provisions n ■, rr\ as to sale of Government Board with the consent of the ireasury, building any bricks or other building materials which have been ^^ ^^^^ acquired by a Government Department for the purpose of the erection or improvement of houses for the working classes, may during a period of five years from the passing of this Act be sold to any person who undertakes to use the same forthwith for the purpose of erecting or improv- ing houses for the working classes and to comply with the said conditions at a price sufficient to cover the cost of replacement at the time of sale of the materials so sold. 416 LAW AND PRACTICE WITH REGARD TO HOUSING s. 23 (19). Five years from 31st July 1919. Object of the section. The section is designed to meet the case, primarily, of the private owner who has duties imposed upon him to effect repairs under section 28 hereof (see also section 26), yet at the time the Act was passed had difficulty in getting bricks or other building materials. It also helps private persons to build (see section 21) and, generally, gives a better opportunity to private enterprise. Section 12 (3) also deals with houses built by private enterprise. At the date of the passing of this Act a large proportion of the stocks of bricks and timber in the country had been taken over by the Government. In the House of Commons on 3rd November 1919, the President of the Board of Trade (Sir A. Geddes) said that Government timber, for the purpose of building cottages under approved schemes big enough to take large supplies, should be disposed of through the Ministry of Munitions at the lowest possible figure not involving an actual loss. Relaxation of Byelaws Relaxation 24. (1.) Where in pursuance of a housing scheme to which this section applies new buildings are constructed, or public streets and roads are laid out and constructed, in accordance with plans and specifications approved by the Local Government Board, the provisions of any building byelaws shall not apply to the new buildings and new streets constructed and laid out in pursuance of the scheme so far as those provisions are inconsistent with the plans and specifications approved by the Local Government Board, and, notwithstanding the provisions of any other Act, any street laid out and constructed in accordance with such plans and specifications may be taken over and thereafter maintained by the local authority : Provided that, as regards the administrative county of HOUSING, TOWN PLANNtNG, ETC., ACT, 1919 417 London, the Board shall not approve any plans and S. 24(i9). specifications inconsistent with the provisions of any- building byelaws in force in the county except after consultation with the London County Council on the general question of the relaxation of such provisions in connection with housing schemes. To which this section applies. See subsection (3) below. It includes the schemes of public utility societies, housing trusts, &c. Netv buildings. " The question whether a building is a new building or not has been decided over and over again to be a question of fact " — Coleridge, Chief Justice, in James v. Wyvil [1884] 48 J.P. 725. There are special definitions in the Public Health Act, 1875 (section 159) and the Public Health Acts Amendment Act, 1907. Building Byelaws. See section 40 (page 441). It may be noted that under section 44 of the 1909 Act, the Ministry can revoke unreasonable byelaws, but that section is so worded as to make it almost useless. Any other Act. Principally the Public Health Act, 1875, and subsequent Acts. See pages 316, 325 and 438 of Litmley's Public Health (8th edition). Though a street is less than twenty feet in width it can be taken over. London County Council. The position of the London County Council is special (see the arguments in Hansard, 27th May 1919, cols. 682-4), but the consultation is only on the general question, i.e. there is not a consultation in respect of every separate scheme, and there is no appeal from the decision of the Ministry. (2.) Where the Local Government Board have approved plans and specifications which in certain respects are inconsistent with the provisions of any building byelaws in force in the district in which the works are to be executed, any proposals for the erection therein of houses and the laying out and construction of new streets which do not form part of a housing scheme to which this section applies may, notwithstanding those provisions, 27 418 LAW AND PRACTICE WITH REGARD TO HOUSING S 24 (19). be carried out if the local authority or, on appeal, the Local Government Board are satisfied that they will involve departures from such provisions only to the like extent as in the case of the plans and specifications so approved, and that, where such plans and specifications have been approved subject to any conditions, the like conditions will be complied with in the case of proposals to which this subsection applies : Provided that, in the application of this subsection to the administrative county of London, the expression "local authority" means the London County Council with respect to the matters within their jurisdiction and the Common Council of the City of London or the council of a metropolitan borough (as the case may be) with respect to other matters. This subsection extends any relaxation of byelaws made in any district, under the previous subsection, to building proposals (in the same district) which are not housing schemes to which this section applies — see the next subsection. The proposals go first to the local authority, but there is an appeal to the Ministry. It is important that the limitations of this subsection be appreciated. To take an instance, the Ministry might approve plans for semi-detached houses with back gardens where there was no back road ; this would not mean that back roads could be dispensed with in all building schemes within the district. (3.) The housing schemes to which this section applies are schemes made by a local authority or county council under the Housing Acts, or by a public utility society or housing trust, and approved by the Local Government Board. Housing Acts. See section 52 (2) hereof. Public utility society or housing trust. See sections 19 and 40 hereof. SOUSINO, TOWN PLANNING, ETC., ACT, 1919 419 (4.) Subject to any conditions which may be prescribed s. 24 (19). by the Local Government Board, the provisions of any building byelaws shall not apply to any new buildings and new streets constructed and laid out by a county council or local authority in accordance with plans and 8 Edw. 7. c 3G specifications approved by the Board of Agriculture lo Edw. 7. and Fisheries under the Small Holdings and Allotments * g^ ®°' * Acts, 1908 and 1910, or any Act amending the same. Prescribed. No conditions appear to have been pre- scribed as yet. Generally. County councils and other local authorities, under the Small Holdings and Allotments Acts, 1908 and 1910, and the Land Settlement (Facilities) Act, 1919, will provide a number of houses suitable for the working classes, and in regard to such houses, which form part of the small holding scheme and are not, therefore, part of a housing scheme under this Act, there may be a relaxation of byelaws, subject to conditions specified by the Ministry. 25. (1.) Notwithstanding the provisions of any building Consent of byelaws, a local authority may, during a period of three j^thority to years from the passing of this Act, consent to the erection ®'"®'^*''°'^ ^°^ and use for human habitation of any buildings erected buildings. or proposed to be erected in accordance with any regu- lations made by the Local Government Board. (2.) The local authority may attach to their consent any conditions which they may deem proper with regard to the situation, sanitary arrangements, and protection against fire of such buildings, and may fix and from time to time extend the period during which such buildings shall be allowed to be used for human habitation. (3.) If any person feels aggrieved by the neglect or refusal of the local authority to give such consent or by the conditions on which such consent is given, or as to the period allowed for the use of such buildings for S. 25 (19). 7 Edw. 7. c. 53 420 LAW AND PRACTICE WITH REGARD TO HOUSING human habitation, he may appeal to the Local Govern- ment Board, whose decision shall be final, and shall have effect as if it were the decision of the local authority, provided that the Board may, before considering any such appeal, require the appellant to deposit such sum, not exceeding ten pounds, to cover the costs of appeal as may be fixed by rules to be made by them. This Act was passed on 31st July 1919. The regula- tions referred to are given on page 565. As to building byelaws — see section 40 hereof (page 441). (4.) Section twenty-seven of the Public Health Act, Amendment Act, 1907, shall not apply to any buildings to which this section applies. The said section deals with temporary buildings, and contemplates different circumstances from those existing and expected during the three years to 31st July 1922. (5.) In the application of this section to the adminis- trative county of London, the expression "local authority " means the London County Council with respect to matters within their jurisdiction, and the Common Council of the City of London or the council of a metropolitan borough (as the case may be) with respect to other matters. Byelaws respecting houses divided into separate tenements. 54 & 55 Vict c. 76. Miscellaneous 26. (1.) The power of making and enforcing byelaws under section ninety of the Public Health Act, 1875, and section ninety-four of the Public Health (London) Act, 1891, shall in the case of houses intended or used for occupation by the working classes be deemed to include the making and enforcing of byelaws — HOUSING, TOWN PLANNING, ETC., ACT, 1919 421 This section practically re-enacts, in much wider s. 26 (19). terms, section 16 of the 1909 Act, hereby repealed (section 50) and the above-quoted sections. By section 90 of the Public Health Act, 1875, as amended by section 8 of the Housing of the Working Classes Act, 1885, a local authority is empowered to make byelaws for the following matters : — (1.) For fixing and from time to time varying the number of persons who may occupy a house or part of a house which is let in lodgings or occupied by members of more than one family, and for the separ- ation of the sexes in a house so let or occupied ; (2.) For the registration of houses so let or occupied ; (3.) For the inspection of such houses ; (4.) For enforcing drainage and the provision of privy accommodation for such houses, and for promoting cleanliness and ventilation in such houses ; (5.) For the cleansing and lime- washing at stated times of the premises, and for the paving of the courts and courtyards thereof ; (6.) For giving of notices and the taking of precautions in case of any infectious disease. Section 94 of the Public Health (London) Act, 1891, is in practically identical terms. The said section 90 does not apply to common lodging- houses within the provisions of that Act. Those wishing to pursue this subject in fuller detail are recommended to Lumleifs Public Health (8th edition), pages 158 to 162. For the Ministry's new model byelaws — see page 637. As to the case where no byelaws or insufficient byelaws are made — see subsection (5) below. As to the administrative county of London — see subsection (10) below. As to repairs — see section 28 hereof. (a) for fixing and from time to time varying the number of persons who may occupy a house or part of a house which is let in lodgings or occupied by members of more than one family, and for separ- ation of the sexes therein ; (6) for the registration and inspection of such houses ; 422 LAW AND PRACTICE WITH REGARD TO HOUSING S. 26 (19). (c) for enforcing drainage and promoting cleanliness and ventilation of such houses : (d) for requiring provision adequate for the use of and readily accessible to each family of — (i) closet accommodation ; (ii) water supply and washing accommodation ; (iii) accommodation for the storage, preparation, and cooking of food ; and, where necessary, for securing separate accommo- dation as aforesaid for every part of such house which is occupied as a separate dwelling ; (e) for the keeping in repair and adequate lighting of any common staircase in such houses ; (/) for securing stability, and the prevention of and safety from fire ; (g) for the cleansing and redecoration of the premises at stated times, and for the paving of the courts and courtyards ; (h) for the provision of handrails, where necessary, for all staircases of such houses ; (i) for securing the adequate lighting of every room in such houses ; and any such byelaws, in addition to any other penalty, may prohibit the letting for occupation by members of more than one family of any such house unless the same are complied with, subject in the case of houses so let or occupied at the time when such byelaws come into force to the allowance of a reasonable time for the execution of any works necessary to comply there- with. By comparison with section 90 of the Public Health Act, 1875 (quoted above), it will be seen that most of paragraph {d), paragraphs (e) and (/), and from the HOUSING, TOWN PLANNING, ETC., ACT, 1919 423 beginning of paragraph {h) to the end of the subsection, S. 26 (19). are new. Paragraph (a). In Weather Itt v. Cantlay [1901] 2 K.B. 285, it was held that a block of artizans' dwellings (land- lord non-resident) which was divided into tenements, occupied by different families, was not a " house let in lodgings or occupied by members of more than one family." In Kijffin v. Simmons [1903] 67 J. P. 227, it was held that the following was such a house : an ordinary six-roomed house, not specially constructed to be let in separate tenements, which had a common staircase and one common front door which was always kept open ; on each floor were two rooms let to and occupied by a separate family and the landlord was non-resident, &c. As to building byelaws (new buildings) — see section 40 hereof, page 441. Washing accommodation. This is not laundry washing, but washing of the person, so that a mere tap without a sink would be insufficient. " Enforcing " and " Penalty.''' Under section 183 of the Public Health Act, 1875, the local authority may impose penalties by the byelaws, not exceeding five pounds for each offence, and in the case of a continuing offence a further penalty not exceeding forty shillings for each day after written notice of the offence. (2.) Such byelaws may impose the duty of executing any work required to comply therewith upon the owner within the meaning of the Public Health Acts of any such house, or upon any other person having an interest in the premises, and may prescribe the circumstances and conditions in and subject to which any such duty is to be discharged. Ow7ier. Section 4 of the Public Health Act, 1875, contains the following definition : " Owner " means the person for the time being receiving the rack-rent of the lands or premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such lands or premises were let at a rack-rent. " Rack- rent ' ' means rent which is not less than two- thirds of 424 LAW AND PRACTICE WITH REGARD TO HOUSING S. 26 (19). the full net annual value of the property out of which the rent arises, and the full net annual value shall be taken to be the rent at which the property might reason- ably be expected to let from year to year, free from all usual tenant's rates and taxes, and tithe commutation rent- charge (if any), and deducting therefrom the probable average annual cost of the repairs, insurance, and other expenses (if any) necessary to maintain the same in a state to command such rent, (3.) For the purpose of discharging any duty so im- posed, the owner or other person may at all reasonable times enter upon any part of the premises, and section fifty-one of the principal Act shall apply as if for the reference to the provisions of Part II of that Act there were substituted a reference to the provisions of such byelaws, and as if the persons on whom such duty is imposed were the owner and any inmate of the premises were the occupier of a dwelling-house. This re-enacts section 16 (2) of the 1909 Act, repealed by section 50 hereof. In Arlidge v. Islington Borough Council [1909] 2 K.B. 127, it was held that a byelaw made under section 94 of the Public Health (London) Act, 1891 (see subsection (1) hereof), was bad because it required work to be done by a landlord who might have no right of entry. This subsection gives this right, and, in the latter part, enables it to be enforced under the said section 51 (see page 206), (4,) Where an owner or other person has failed to execute any work which he has been required to execute under the byelaws, the local authority by whom such byelaws are enforced may, after giving to him not less than twenty- one days' notice in writing, themselves execute the works and recover the costs and expenses, and for that purpose the provisions of subsection (5) of section fifteen of the Housing, Town Planning, &c,, Act, 1909^ with respect to the execution of works and the HOUSING, TOWN PLANNING, ETC., ACT, 1919 425 recovery of expenses by local authorities, shall apply as s. 26 (19). if the owner or other person were the landlord, and with such other adaptations as may be necessary. The costs and expenses may be recovered as a civil debt, or in annual instalments — see the said section 15 (5) (page 299). This subsection re-enacts section 16 (3) of the 1909 Act, repealed by section 50 hereof. (5.) If in the opinion of the Local Government Board premises are being occupied by members of more than one family or are intended to be converted for such occupation in the district of any local authority, and either no byelaws have been made by the local authority for the purposes specified in subsection (1) of this section, or the byelaws made are not sufficient properly to regulate such occupation or conversion, the Local Government Board may themselves make byelaws for such purposes which shall have effect and shall be enforced as if they had been made by the local authority. The object of this subsection was explained by Dr. Addison as follows : "I have seen two people with two families, and sometimes even with three families, living in one room. ... I am going to make provision that local authorities should not have byelaws allowing this kind of thing ; and it would mean that they would require housing accommodation so as to obviate that kind of overcrowding. It is to lay down a standard in drawing up a scheme as to the housing needs of the district that we want this provision " (Parliamentary Debates, Standing Committee A, 14th May 1919, col. 231). The Minister has issued model byelaws (see page 637). (6.) Where the person on whom obligations are imposed by any byelaws made for the purposes specified in sub- section (1) of this section with respect to houses so occupied as aforesaid holds the premises under a lease 426 LAW AND PRACTICE WITH REGARD TO HOUSING S. 26 (19). or agreement and satisfies the local authority that com- pliance with such byelaws is contrary to the provisions of the lease or agreement, or that the whole or any part of the expenses of carrying out the obligations ought to be borne by his lessor or other superior landlord, the local authority may make application to the county court, and the county court may, after giving the lessor or any such superior landlord an opportunity of being heard, — (a) in the first case, order that the provisions of the lease or agreement be relaxed so far as they are inconsistent with the requirements of the byelaws ; ((6) in the second case, grant to the person who carries out the works necessary for compliance with the byelaws, on proof to the satisfaction of the local authority that the works have beeh properly carried out, a charging order charging on the premises an annuity to repay the expenses properly incurred in carrying out the works or such part of those expenses as the county court consider ought to be so charged. (7.) the annuity shall be of such amount and extend over such number of years as the county court may determine. (8.) Subsection (3) of section thirty-six and section thirty-seven except subsection (4) of the principal Act, and section nineteen of the Housing, Town Planning, &c,, Act, 1909, shall apply to charging orders and annuities under this section in like manner as to charging orders and annuities under the said section thirty-six. In the first case, i.e. where he satisfies the local authority that compliance with the said byelaws is contrary to the provisions of his lease, &c. li% Ijie seqond case, i,e. wljere he satisfies the loqal^ HOUSING, TOWN PLANNING, ETC., ACT, 1919 427 authority that the whole or any part of the expenses S. 26 (19). ought to be borne by his lessor or other superior landlord. Note that the charge is on the premises and not on any particular interest therein. The principal Act. Section 36 (3) of the 1890 Act provides that the annuity " may be recovered by the person for the time being entitled to it b}^ the same means and in like manner in all respects as if it were a rent-charge granted by deed out of the dwelling- house by the owner thereof." A rent-charge may be recovered by (1) distress after twenty-one days from the time appointed for payment ; (2) entry and receipt of the rents and profits if unpaid for forty days ; (3) if unpaid for forty days, by demise by deed to a trustee for a term of years on trust by mortgage, sale, or demise, &c. ; or by all or any of these means, &c. (Conveyance Act, 1881, section 44). It may also be recovered by an action — see Hyde v. Berners [1889] 53 J.P. 453, which deals with this and other questions arising. Section 37 of the 1890 Act (see page 176) relates to the incidence cr the cnarge — ^giving it certain priority, and allowing it to be transferred like a mortgage or rent-charge, &c. Note that subsection (4) of the said section 37 is omitted in respect of the charge granted under the present section. Section 19 of the Act of 1909 (see page 309) gives power to the owner or other person interested to redeem the charge. (9.) Where a local authority have themselves acquired a leasehold interest in any house under the powers con- ferred upon them by this Act, the Local Government Board, on the application of the local authority, may make a similar order with regard to the relaxation of the provisions of the lease and to charging an annuity on the premises as might, had the lessee not been the local authority, have been made on the application of the local authority by the county court, and in that case the decision of the Local Government Board as to the. 428 LAW AND PRACTICE WITH REGARD TO HOUSING S. 26 (19). Power to authorise conversion ot a house into several tenementSi amount and duration of any such annuity shall be final. Powers conferred . . . hy this Act. See section 12 hereof. Similar order. See subsection (6) above. (10.) This section shall apply to the administrative county of London with the following modifications : — (a) As respects the county of London, the byelaws for the purposes specified in subsection (1) of this section shall be made by the London County Council, and any byelaws so made shall supersede any byelaws made for those purposes by the council of any metropolitan borough, and shall be observed and enforced by the council of each metropolitan borough except as regards byelaws for the purposes specified in paragraph (/) of subsection (1) which shall be enforced by the London County Council ; (6) As respects the City of London, such byelaws shall be made and enforced by the common council except as regards byelaws for the purposes specified in paragraph (/) of subsection (1), which shall be made and enforced by the London County Council. Administrative County of London. The County of London and the City of London. See section 93 of the 1890 Act. As regards the water supply of tenement houses in London — see section 78 of the London County Council (General Powers) Act, 1907, which is summarised on page 64. 27.. Where it is proved to the satisfaction of the county court on an application by the local authority or any person interested in a house that, owing to changes in the character of the neighbourhood in which such house is situate, the house cannot readily be let as a single tenement but could readily be let for occupation if converted HOUSESTG, TOWN PLANNING, ETC., ACT, 1919 429 into two or more tenements, and that, by reason of the s. 27 (19). provisions of the lease or of any restrictive covenant affecting the house or otherwise, such conversion is prohibited or restricted, the court, after giving any person interested an opportunity of being heard, may vary the terms of the lease or other instrument imposing the prohibition or restriction so as to enable the house to be so converted subject to such conditions and upon such terms as the court may think just. This section is not restricted by any such term as "working classes" — Johnston v. Maconochie, Court of Appeal, 22nd October 1920. But the person making the application has to prove the various facts specified, and it will not always be easy to do that, inasmuch as changes in the character of a neighbourhood are often of a very gradual character. The fact that a house is difficult to let will not be sufficient in itself. The point of turning houses into flats is also touched on in section 12 (1) hereof. See also Burton v. London and Counties House Property, dsc, Co., Ltd. [The Times, 18th May 1920). The opportunity of being heard, given to " any person interested," would doubtless cover the owner or occupier of an adjoining house who might object to a neighbouring house being turned into a flat. 28. (1.) If the owner of any house suitable for occu- Repair of , , - ., , houses, pation by persons of the workmg classes fails to make and keep such house in all respects reasonably fit for human habitation then, without prejudice to any other powers, the local authority may serve a notice upon the owner of such house requiring him within a reasonable time, not being less than twenty-one days, specified in the notice, to execute such works as may be necessary to make the house in all respects reasonably fit for human habitation : Provided that, if such house is not capable without 430 LAW And practice with ilEGARD TO Hotrsmo S. 28 (19). feconstruction of being rendered fit for human habitation, the owner may, within twenty-one days after the receipt of such notice, by written notice to the local authority declare his intention of closing the house for human habitation, and thereupon a closing order shall be deemed to have become operative in respect of such house. Any question arising under this proviso shall, in case of difference between the owner and the local authority, be determined by the Local Government Board, (2.) If the notice of the local authority is not com- plied with, the local authority may — (a) at the expiration of the time specified in that notice if no such notice as aforesaid has been given by the owner ; and (6) at the expiration of twenty- one days from the determination by the Local Government Board if such notice has been given by the owner, and the Local Government Board have determined that the house is capable without reconstruction of being made fit for human habitation ; do the work required to be done. (3.) Any expenses incurred by the local authority under this section may be recovered in a court of summary jurisdiction, together with interest at a rate not exceeding five pounds per centum per annum from the date of service of a demand for the same till payment thereof from the owner, and until recovery of such expenses and interest the same shall be a charge on the premises. In all summary proceedings by the local authority for the recovery of any such expenses, the time within which such proceedings may be taken shall be reckoned from the date of the service of notice of demand. (4.) The local authority may by order declare any HOUSING, TOWN PLANNING, ETC., ACT, 1919 431 such expenses to be payable by monthly or annual S. 28 (19). instalments within a period not exceeding thirty years with interest at a rate not exceeding five pounds per centum per annum from the date of the service of notice of demand until the whole amount is paid, and any such instalments and interest or any part thereof may be recovered in a summary manner from the owner or occupier, and, if recovered from the occupier, may be deducted by him from the rent of such premises. (5.) In this section " owner " shall have the same meaning as in the Public Health Act, 1875. (6.) This section shall be deemed to be part of Part II of the principal Act. Owner. See note to section 26 (2). Suitable jor occupation. See note to section 29, below ;; and also the final note to section 12 (1). Make aiid keep. The owner could be called upon. to make an addition to the existing structure, i.e. something beyond a repair — see general note, below. Any other powers. See, particularly, sections 15 and 17 of the 1909 Act and notes thereto ; and also Chapter III, page 34, where the general question of unfit houses is discussed. The question of cost should be considered, as any irrecoverable loss under this section does not rank for financial assistance under section 7. Serve a notice. See section 49 of the 1890 Act and note thereto. For the forms of notices prescribed for use under this section — see the Housing Acts (Form of Orders and Notices) Order, 1919 (page 610). Local authority. As this section is deemed to be part of Part II of the 1890 Act, the local authority is, in the case of a rural district, the rural district council ; in the case of an urban district, the urban district council, or the corporation or council of a borough ; in the case of a metropolitan borough, the borough council ; and in the case of the City of London, the common council (see page 34), As to power of entry, see section 89 of the 1890 Act. 432 LAW AND PRACTICE WITH REGAKD TO HOUSING S. 28 (19). Closing Order. See section 17 (2) of the 1909 Act. Determined by the Local Government Board. There is no appeal. Charge on the premises. See page 177 ; and Birmingham Corporation v. Baker, L.R., 17 Ch., D. 782, 46 J.P. 42. The local authority does not appear to have power to borrow money for expenses under subsection (3). Subsection (6). This enables the powers of Part II to be exercised in connection with the repair of houses, and also applies the remedy of section 5 hereof where the local authority fails to exercise its powers. Generally. The house in question is one " suitable for occupation by persons of the working classes." This phrase is, doubtless, meant to exclude mansions and the like. The section applies to empty as well as occupied houses. Note that there is nothing in the section to compel the local authority to take action, and compare on this point section 26 (5). The section is based largely on section 15 of the 1909 Act, which in practice it will, doubtless, almost entirely supersede. Section 26 (1) hereof may be usefully read as an indi- cation of the standard implied in the words " in all respects reasonably fit for human habitation," and, in particular, it would seem that each house ought to have a separate water supply, a separate closet, proper drainage and ventilation, and accommodation for the storage, preparation and cooking of food. Proud foot v. Hart [1890] 25 Q.B.D. 42, is also helpful, though there does not appear to be any decided case upon the words, which are frequently used throughout the Acts. In case of dispute the Ministry does not decide. Information 29. In the case of houses intended or used for occupation to tenants of , houses for by the working classes, the name and address of the ciass^s.'^ '"^ medical officer of health for the district and of the land- lord or other person who is directly responsible for keeping the house in all respects reasonably fit for human habitation shall be inscribed in every rent book or, where a rent book is not used, shall be delivered in writing to the tenant at the commencement of the tenancy HOtrsma, town plajsTning, etc., act, 1919 433 and before any rent is demanded or collected ; and, if S. 29 (19). any person demands or collects any rent in contravention of the provisions of this section, he shall in respect of each offence be liable on summary conviction to a fine not exceeding forty shillings. See section^28 above, and section 15 of the 1909 Act. By section 28 the owner is responsible ; section 15 of the 1909 Act makes the landlord responsible in respect of certain small dwellings. The landlord is not neces- sarily the owner. But the expression in section 28 is " any house suitable for occupation," while the words here are " intended or used for occupation." A house may be used for occupation in an emergency though it is not suitable. However, the chief difficulty is that there is no definition of " working classes " for the purposes of these provisions, and in many cases it will be puzzling to know whether or not the information named has to be given. Some general hints as to the meaning of the term are given in London County Council V. Davis [1897] 62 J.P. 68 ; Crow v. Davis [1903] 67 J.P. 319 ; and White v. St. Marylebone Council [1915] 3 K.B. 249. By the Statement of Rates Act, 1919, every demand or receipt for rent, which includes rates paid by the owner, shall state the amount of such rates, but only one state- ment is required per period. 30. (1.) Where it is proved to the satisfaction of the Power to court, on an application in accordance with rules of court superior of any person entitled to any interest in any land used en^er°and*' in whole or in part as a site for houses for the working execute ^ ^ works. classes, that the premises on the land are or are likely to become dangerous or injurious to health or unfit for human habitation, and that the interests of the applicant are thereby prejudiced, or that the applicant should be entrusted with the carrying out of a scheme of recon- struction or improvement approved by the local authority 28 434 LAW AND PRACTICE WITH REGARD TO HOUSING S. 30(19). of the district in which the land is situate, the court may make an order empowering the apphcant forthwith to enter on the land and within the time fixed by the order to execute such works as may be necessary, and may order that any lease or agreement for a lease held from the applicant and any derivative underlease shall be determined, subject to such conditions and to the . payment of such compensation as the court may think just. (2.) The court shall include in its order provisions to secure that the proposed works are carried out and may authorise the local authority in whose area the land is situated or which has approved a scheme of reconstruction or improvement under this section to exercise such supervision or take such action as may be necessary for the purpose. (3.) For the purposes of this section, " court " means the High Court of Justice, and the Court of Chancery of the county palatine of Lancaster or Durham or the county court, where those courts respectively have jurisdiction. The general object of this section is to enable the superior landlord to take steps to prevent the property degenerating into a slum. If it did so degenerate and was acquired under section 9 hereof, there would be a serious loss to the superior landlord. The order of the court will be conditional on the proposed works being carried out. Extension 31. The powers conferred upon a tenant for life by of powers under the Settled Land Acts, 1882 to 1890, shall include the Settled Land - „ . , , , Acts. lollowmg further powers : — (a) A power to make a grant in fee simple or absolutely, or a lease for any term of years, for a nominal price or rent or for less than the best price or rent which Housma, TOWN planning, etc., act, 1919 435 could be obtained for the purpose of the erection S. 31 (19). thereon of dwellings for the working classes or the provision of gardens to be held in connection there- with. Provided that no more than two acres in the case of land situate in an urban district or ten acres in the case of land situate in a rural district shall be granted as a site for such dwellings or gardens in any one parish without payment of the full price or rent for the excess, except under an order of the court ; (6) A power, where money is required for the provision of dwellings available for the working classes, to raise the money on mortgage of the settled land or of any part thereof by conveyance of the fee simple or other the estate subject to the settlement or by creation of a term of years in the settled land or any part thereof or otherwise, and the money so raised shall be capital money for that purpose and may be paid or applied accordingly. It may be convenient to note here the other changes in the Settled Land Acts effected by the Housing Acts, Section 74 (1) of the Act of 1890 reads as follows ; — " The Settled Land Act, 1882, should be amended as follows : — " {a) Any sale, exchange, or lease of land in pur- suance of the said Act, when made for the purpose of the erection on such land of dwellings for the working classes, may be made at such price, or for such consideration, or for such rent, as having regard to the said purpose, and to all the circumstances of the case, is the best that can be reasonably obtained, notwithstanding that a higher price, consideration, or rent might have been obtained if the land were sold, exchanged, or leased for another purpose ; " (6) The improvements on which capital money 436 LAW AND PRACTICE WITH REGARD TO HOUSING g. 31 (19). arising under the Settled Land Act, 1882, may be expended, enumerated in section twenty-five of the said Act, and referred to in section thirty of the said Act, shall, in addition to cottages for labourers, farm servants, and artizans, include the provision of dwellings available for the working classes, either by means of building new buildings or by means of the reconstruction, enlargement, or improvement of existing buildings so as to make them available for the purpose, if that provision of dwellings is in the opinion of the court not injurious to the estate or is agreed to by the tenant for life and the trustees of the settlement." The above paragraph (6) is printed as per section 7 (1) of the 1909 Act, and subsection (2) thereof reads ; — " The provision by a tenant for life, at his own expense, of dwellings available for the working classes on any settled land shall not be deemed to be an injury to any interest in reversion or remainder in that land ; provided that the powers conferred upon a tenant for life by this subsection should not be exercised by him without the previous approval in writing of the trustees of the settlement." It is to be noted that the expression " working classes " in the above-quoted paragraphs (a) and (6) of the 1890 Act has effect as if it " included all classes of persons who earn their livelihood by wages or salaries ; provided that this section shall apply only to buildings of a rate- able value not exceeding £100 per annum " (Settled Land Act, 1890, section 18). But apparently this definition does not apply to section 7 (2) of the 1909 Act (above- quoted), nor to the present section of the 1919 Act (i.e. section 31). Briefly, paragraph (a) relaxes the provisions of the Settled Land Act, 1882 : the tenant for life is not re- quired to secure the best price which could be secured in any event, but only the best price having regard to the object stated (i.e. erection of working class dwellings). Paragraph (6) as amended provides that capital money may be expended in providing dwellings available for the working classes, without recourse to the courts if the tenant for life and the trustees agree. In Re Caverley's HOUSING, TOWN PLANNING, ETC., ACT, 1919 437 Settled Estates [1904] 1 Ch. 150, it was held that dwellings S. 31 (19). suitable for the working classes but actually occupied by tenants of a different class were not available for the working classes. The improvements referred to include those under Part I of the Act of 1890 (unhealthy areas) — see sections 6 (3) and 12 (6) of that Act, The effect of the 1919 Act, section 31, is to enable the tenant for life to (a) practically give land, within limits, to local authorities or any other body or person for the erection thereon of working class dwellings, or for gardens (e.g. allotments), and (6) to raise money by mortgage of the settled land for the provision of such dwellings. 32. If any owner of a house in respect of which a Penalty on closing order is in force, or any other person, lets or house attempts to let or occupies or permits to be occupied ^e ck«ed.° that house or any part thereof as a dwelling-house, he shall on summary conviction be liable to a fine not exceeding twenty pounds. Closing order. See section 17 of the 1909 Act. Permits to he occupied. By section 17 (4) of the 1909 Act if the tenant fails to quit the closed house, the local authority may obtain an order to quit from the courts. Suppose the local authority fails to exercise this power and the owner takes no steps to turn the tenant out, is he permitting the house to be occupied within this section ? The word used in the marginal note is " re-letting," and it would seem that this is the offence aimed at, viz. re-letting as a dwelling-house. Not exceeding £20, however long the offence continues. 33. The enactments regulating the provision to be Amendment made under Part I of the principal Act for the accom- prii^cipal modation of persons of the working classes displaced by the operation of a scheme under that Part siiall be the same in cases where the area comprised in the scheme is situate in the county or city of London as in other cases, and accordingly subsection (1) of section eleven of that Act, and in subsection (2) the words " where " Act. S. 33 (19). Arrange- ments between the Local Government Board and other De- partments. 438 LAW AND PRACTICE WITH REGARD TO HOUSING and " comprises an area situate elsewhere than in the county or city of London, it " shall be repealed. 34. The Local Government Board may make arrange- ments with any other Government Department for the exercise or performance by that Department of any of their powers and duties under the Housing Acts which in their opinion could be more conveniently so exercised and performed, and in such case the Department and officers of the Department shall have the same powers and duties as are by the Housing Acts conferred on the Local Government Board and their officers. As, for instance, the Board of Agriculture in connection with small holdings, 35. Nothing in the Increase of Rent and Mortgage Interest (War Restrictions) Act, 1915, or in the enact- ments amending that Act, shall be deemed to affect the provisions of section seventeen of the Housing, Town Planning, &c.. Act, 1909, or to prevent a local authority from obtaining possession of any house the possession of which is required by them for the purpose of exercising their powers under the Housing Acts or under any scheme made under those Acts. Section 5 (1) of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1920, provides that no order for the recovery of a dwelling-house to which that Act applies, or for the ejectment of a tenant therefrom, shall be made so long as the tenant fulfils the conditions of his tenancy, &c. (see p. 715). The present section provides that an order to quit under section 17 (4) of the Act of 1909 is not an order within the above section 5 (1). Compensa- 36. Notwithstanding anything in section fifty of the o\ subsidence. Brine Pumping (Compensation for Subsidence) Act, 1891, c^ia^^^^'^** ^ ^ocaA authority or county council shall be entitled to Provisions of Housing Acts not to be affected by the Increase of Rent and Mortgage Interest (War Restrictions) Act, 1915. 5 & 6 Geo. 5. c. 97. HOUSING, TOWN PLANNING, ETC., ACT, 1919 439 compensation in accordance with the provisions of that S. 36 (19). Act in respect of any injury or damage to any houses belonging to such local authority or council, and provided under a housing scheme towards the losses on which the Local Government Board is liable to contribute under this Act. While the Act quoted makes provision for compensa- tion to the owners of property suffering for subsidence of ground caused by the pumping of brine, section 50 specifically excludes local authorities, amongst others, from the right to compensation under the Act. The present section removes that disability as, obviously, is necessary, since it prevents or discourages local authorities from building. 37. The provision of houses under the Housing Acts Application ^ , . of Act to shall be deemed to be a local sanitary requirement for New Forest. the purpose of the New Forest (Sale of Lands for Public c. cxcviii.* Purposes) Act, 1902. Provided that the total area of prf^^ate?*^ land being part of the New Forest which may be sold or let for the provision of houses shall not exceed 30 acres. In many parts of the New Forest no land is available for building houses for the working classes except Crown lands, and the Act quoted empowers the Commissioners of Woods to sell such land for sanitary purposes only. 38. The Commissioners of Woods may under and in Extension of powers of accordance with the provisions of the Crown Lands Commis- Acts, 1829 to 1906, sell or let to a local authority for the woods, purposes of Part III of the principal Act any part of the land described on the duplicate plans which have been deposited with the Clerk of Parliaments and the Clerk of the House of Commons notwithstanding that such land may be part or parcel of a royal park, if the Local Govern- ment Board, after holding a local inquiry, are satisfied 3 Edw. 7, c. 39. 440 LAW AND PRACTICE WITH REGARD TO HOUSING s. 38 (19). that the acquisition of the land by the local authority for such purposes as aforesaid is desirable in the national interest. The land referred to is situated at the extreme eastern boundary of Bushey Park, near Hampton Court. It has been used for grazing His Majesty's horses, and, latterly, for allotments. The Commissioners could not otherwise sell land which is part of a royal park (see also section 74 of the 1909 Act), and though it is open to question whether this piece of land ever was part of the royal park, it was thought best by this section to meet all the circumstances. Procedure 39. (1.) The amendments specified in the second amendments column of the Sccond Schedule to this Act (which relate AcSr"^""^ to procedure under Part I and Part II of the principal Act and to minor details) shall be made in the provisions of the principal Act the Housing of the Working Classes Act, 1903, and the Housing, Town Planning, &c.. Act, 1909, specified in the first column of that schedule. (2.) Sections fourteen and fifteen of the Housing, Town Planning, &c., Act, 1909, shall be deemed to be part of Part II of the principal Act. Second Schedule. See page 556. The amendments have been noted in the text of the Acts to which they refer. For the most part they considerably simplify the procedure.. Sections 14 and 15. As to the point of subsection (2) — see section 36 (1) of the 1890 Act and note thereto, headed " Works required." The landlord doing the repairs required under the said section 15 can get a charging order. 40. This Part of this Act shall be construed as one with the principal Act, and any provisions of this Part of this Act which supersede or amend any provisions of the principal Act shall be deemed to be part of that Part of the principal Act in which the provisions super- Construc- tion. HOUSING, TOWN PLANNING, ETC., ACT, 1919 441 seded or amended are contained, and references in this s. 40 (19). Part of this Act to the principal Act or to any provision of the principal Act shall be construed as references to that Act or provision as amended by any subsequent enactment, including this Part of this Act ; In this Part of this Act — The expression " houses for the working classes " has the same meaning as the expression " lodging- houses for the working classes " has in the principal Act. See section 53 of the 1890 Act, page 207. The expression " sale " includes sale in consideration of an annual rent-charge, and the expression " sell " has a corresponding meaning ; The expression " public utility society " means a society registered under the Industrial and Pro- vident Societies Acts, 1893 to 1913, the rules whereof prohibit the payment of any interest or dividend at a rate exceeding six per cent, per annum ; The expression " housing trust " means a corpor- ation or body of persons which, by the terms of its constituent instrument, is required to devote the whole of its funds, including any surplus which may arise from its operations, to the pro- vision of houses for persons the majority of whom are in fact members of the working classes, and to other purposes incidental thereto ; The expression " building byelaws " includes bye- laws made by any local authority under section one hundred and fifty-seven of the Public Health Act, 1875, as amended by any subsequent enact- 442 LAW AND PRACTICE WITH REGARD TO HOUSING S. 40 (19). ment, with respect to new buildings including the drainage thereof and new streets, and any enact- ments in any local Acts dealing with the construc- tion and drainage of new buildings and the laying out and construction of new streets, and any byelaws made with respect to such matters under any such local Act. Power to make byelawa respecting new btiildings, &o. " Building Byelaws " — see sections 24 and 25 hereof. Section 157 of the Public Health Act, 1875, reads as follows : — " Every urban authority may make byelaws with respect to the following matters ; that is to say : " (1.) With respect to the level width and construction of new streets, and the provisions for the sewerage thereof ; " (2.) With respect to the structure of walls, founda- tions, roofs and chimneys of new buildings, for securing stability and the prevention of fires, and for purposes of health ; " (3.) With respect to the sufficiency of the space about buildings to secure a free circulation of air, and with respect to the ventilation of buildings ; " (4.) With respect to the drainage of buildings, to water-closets, earth- closets, privies, ashpits and cesspools in connection with buildings, and for the closing of buildings or parts of buildings unfit for human habitation, and to prohibition of their use for such habitation ; " And they may further provide for the observance of such byelaws by enacting therein such provisions as they think necessary as to the giving of notices, as to the deposit of plans and sections by persons intending to lay out streets or to construct buildings, as to inspection by the urban authority, and as to the power of such authority (subject to the provisions of this Act) to remove, alter, or pull down any work begun or done in contravention of such byelaws : Provided that no bye- laws made under this section shall affect any building erected in any place (which at the time of the passing of this Act is included in an urban sanitary district) HOUSmO, TOWN PLANNING, ETC., ACT, 1919 443 before the Local Government Acts came into force in S. 40 (19). such place, or any building erected in any place (which at the time of the passing of this Act is not included in an urban sanitary district) before such place becomes constituted or included in an urban district, or by virtue of any order of the Local Government Board subject to this enactment. " The provisions of this section and of the two last preceding sections shall not apply to buildings belonging to any railway company and used for the purposes of such railway under any Act of Parliament." This section was extended and amended by the Public Health Act, 1890, section 23, in places where Part III of that Act has been adopted. The section provides as follows : " (1.) Section one hundred and fifty-seven of the Public Health Act, 1875, shall be extended so as to empower every urban authority to make byelaws with respect to the following matters ; that is to say : " The keeping water-closets supplied with sufficient water for flushing ; " The structure of floors, hearths, and staircases, and the height of rooms intended to be used for human habitation ; " The paving of yards and open spaces in connection with dwelling-houses ; and " The provision in connection with the laying out of new streets of secondary means of access where necessary for the purpose of the removal of house refuse and other matters. " (2.) Any byelaws under that section as above ex- tended with regard to the drainage of buildings, and to water-closets, earth-closets, privies, ashpits, and cesspools, in connection with buildings, and the keeping water- closets supplied with sufficient water for flushing, may be made so as to affect buildings erected before the times mentioned in the said section. " (3.) The provisions of the said section (as amended by this Act), so far as they relate to byelaws with respect to the structure of walls and foundations of new buildings for purposes of health, and with respect to the matters mentioned in subsections (3) and (4) of the said section, and with respect to the structure of floors, the height of rooms to be used for human habitation, and to the 444 LAW AND PRACTICE WITH REGARD TO HOUSING S. 40 (19). keeping of water-closets supplied with sufficient water for flushing, shall be extended so as to enxpower rural authorities to make byelaws in respect to the said matters, and to provide for the observance of such byelaws, and to enforce the same as if such powers were conferred on the rural authorities by virtue of an order of the Local Government Board made on the day when this part of this Act is adopted ; and section one hundred and fifty-eight of the Public Health Act, 1875, shall also apply to any such authority, and shall be in force in every rural district where this part of this Act is adopted. " (4.) Every local authority may make byelaws to prevent buildings which have been erected in accordance with byelaws made under the Public Health Acts from being altered in such a way that if at first so constructed they would have contravened the byelaws." See also sections 15, 16, 17, 22, 23, 24, 25, 26, 27 and 33 of the Public Health Act, 1907. The subject of building byelaws is discussed at great length in Lumley^s Public Health, at page 325 et seq. (8th edition). In many local Acts there are provisions dealing with the construction and drainage of new buildings, &c. As to other byelaws — see section 26 hereof. Application 41. (1.) For the purposes of the application of Part III certa^ pro° ^^ *^® principal Act to the county of London — ^^HoiMin (^) ^^^ London County Council shall be the local Acta. authority for the county, to the exclusion of any other authority, so far as regards the provision of any houses outside the administrative county of London ; (6) the council of a metropolitan borough shall be the local authority for the metropolitan borough, to the exclusion of any other authority, so far as regards the provision of houses within the metro- politan borough ; Provided — (i) that nothing in this section shall prejudice or affect the rights, powers and privileges of the HOUSING, TOWN PLANNING, ETC., ACT, 1919 445 London County Council in regard to any lands, S. 41 (19). buildings or works acquired, provided or carried out by the County Council before the date of the passing of this Act ; and (ii) that where the London County Council are satisfied that there is situate within the area of a metropolitan borough land suitable for develop- ment for housing, the county council may submit a scheme for the approval of the Local Government Board for the development of such land to meet the needs of districts situate outside the area of such borough, and the county council may carry into effect any scheme which is so approved, and such approval shall have the like effect as if it had been given under section one of this Act ; (c) the Local Government Board may by order direct that any of the powers or duties of the council of a metropolitan borough under Part III of the prin- cipal Act shall be transferred to the London County Council, or that any of the powers or duties of the London County Council under Part III of the principal Act shaU be transferred to the council of a metro- politan borough. (2.) Any loss which may be incurred by the council of a metropoUtan borough in carrying out a scheme to which section seven of this Act applies shall be repaid to them by the London County Council, and any payments so made by the London County Council shall be deemed to have been made as part of the expenses incurred by them in carrying out a scheme to which that section appUes. (3.) The London County Council and the Common Council of the City of London may at any time enter 446 LAW AND PRACTICE WITH REGARD TO HOtrSING S. 41 (19). into an agreement for carrying out any scheme for the purposes of Part I or Part III of the principal Act, and for the apportionment of the expenses incurred in carrying out such scheme, and, if the scheme is a scheme to which section seven of this Act apphes, any payments made under such apportionment by the county council and the common council shall be deemed to have been made as part of the expenses incurred in carrying out a scheme to which that section applies. Part III relates to the provision of houses for the working classes, which is also the chief purpose of the present Act. County of London. The administrative county of London is defined in section 93 of the 1890 Act. It has an area of 1169 square miles. Its population in 1911 was 4,521,685, and its assessable value on 6th April 1917 was £45,341,004. It was formed out of the parishes and places sending representatives to the Metro- politan Board of Works. Local Authority. See page 11. The local authorities exercising jurisdiction in the administrative County of London (excluding the City) are the London County Council and twenty-eight metropolitan borough councils. Common Council of the City of Jjondon. This is the local authority for the city. Part II of the Act of 1890 is not included, as it relates to unhealthy houses as distinct from unhealthy areas, and the London County Council has no authority under it. Object of the section. The object of this section is to meet the special problem of London with its overlapping authorities, and the solution offered has been generally accepted. There appears to be one point, however, calling for notice. If the London County Council under proviso (ii) submits a scheme within the area of a metro- politan borough there is nothing to compel it to notify the borough thereof, and as the scheme may affect the projects of the borough it will be readily seen that it would like to have such notice. To meet this Dr. Addison, during the committee stage of the Bill, gave a pledge on behalf of the Ministry as follows : " Where it is a HOTTsma, TOWN PLANNING, ETC., ACT, 1919 447 material scheme, or where there is any reason to consult S. 41 (19). borough councils, we will do so, and give them a fair opportunity of being heard. I will go further and say that we will send to the borough council information when schemes are submitted to us " (Parliamentary Debates, Standing Committee A, 15th May 1919, col. 295). On the words " outside the administrative county of London " — see section 1 of the 1900 Act. Proviso (i) makes it clear that the London County Council can manage and develop properties which it has already in the areas of some of the metropolitan boroughs. Proviso (ii) is above referred to. The concluding words make it clear that the scheme will qualify for the State subsidy under section 7 hereof. Paragraph (c) covers emergencies, and also defaults by either the London County Council or a borough council in preparing and carrying out housing schemes. It is in addition to sections 3 and 4 hereof. PART II Town Planning 42. It shall not be necessary for a local authority to Removal of ^ T-> 1 necessity to obtain the authority of the Local Government Board obtain to prepare or adopt a town planning scheme, and accord- authoriaa- ingly for subsection (2) of section fifty-four of the Housing, Local* Town Planning, &c., Act, 1909 (hereinafter referred to Government °' ' ^ Board to as the Act of 1909), the following provision shall be preparation or adoption substituted : — of town planning " (2.) A local authority within the meanmg of this echemf^ Part of this Act may by resolution decide — " (a) to prepare a town planning scheme with reference to any land within or in the neigh- bourhood of their area in regard to which a scheme may be made under this Act ; or " (6) to adopt, with or without any modifica- 448 LAW AND PRACTICE WITH REGARD TO HOUSING S. 42 (19). tions, any town planning scheme proposed by all or any of the owners of any land with respect to which the local authority are themselves by this Act authorised to prepare a scheme : " Provided that — " (i) if any such resolution of a local authority extends to land not within the area of that local authority, the resolution shall not have effect until it is approved by the Local Government Board, and the Board may, in giving their approval, vary the extent of the land to be included within the area of the proposed town planning scheme ; and " (ii) where any local authorities are desirous of acting jointly in the preparation or adoption of a town planning scheme, they may concur in appointing out of their respective bodies a joint committee for the purpose, and in conferring with or without restrictions on any such committee any powers which the appointing councils might exercise for the purpose, and the provisions of sections fifty-seven and fifty-eight of the Local Government Act, 1894, in regard to joint com- mittees, shall, with the necessary modifications, apply to any joint committee so appointed." This is discussed on page 327. Extension of 43. (1.) The power of the Local Government Board of m'^e'^reKu- making regulations under section fifty-six of the Act lations as to ^f jqqq ghall include power to make regulations as to procedure. ^ "^ the procedure consequent on the passing of a resolution by a local authority to prepare or adopt a town planning scheme, and provision shall be made by those regulations HOUSING, TOWN PLANNING, ETC., ACT, 1919 449 for securing that a local authority after passing such S. 43 (19) a resolution shall proceed with all reasonable speed with the preparation or adoption of the town planning scheme, and shall comply with any regulations as to steps to be taken for that purpose, including provisions enabling the Local Government Board in the case of default or dilatori- ness on the part of the local authority to act in the place and at the expense of the local authority. (2.) Subsection (2) of section fifty-six of the Act of 1909 shaU have effect as if the following paragraph were added thereto : " For securing that the council of the county in which any land proposed to be included in a town planning scheme is situated (1) shall be furnished with a notice of any proposal to prepare or adopt such a scheme and with a copy of the draft scheme before the scheme is made, and (2) shall be entitled to be heard at any public local inquiry by the Local Government Board in regard to the scheme." See page 33. 44. The proviso to subsection (4) of section fifty-four Repeal of and the proviso to subsection (2) of section fifty-five of ss. 54 (4) & the Act of 1909 (which provisos relate to the publication 9 Ediw°7 and laying before Parliament of town planning schemes) °' *** are hereby repealed. 45. The Local Government Board may by special or Power to general order provide that where a resolution to prepare kTpment of ^* or adopt a town planning scheme has been passed, or ®^*^^?^ where before the passing of this Act the preparation or preparation and approval adoption of a town planning scheme has been authorised, of town . planning the development of estates and buildnig operations may schemea. be permitted to proceed pending the preparation or 29 450 LAW AND PRACTICE WITH BEGARD TO HOUSING S. 45 (19). Preparation of town planning schemes. adoption and approval of the town planning scheme, subject to such conditions as may be prescribed by the order, and where such permission has been given the provisions of subsection (2) of section fifty-eight of the Act of 1909 which relates to the rights of compensation shall have effect as if the following proviso were added thereto : " Provided also that this provision shall not apply as respects any building erected, contract made, or other thing done in accordance with a permission granted in pursuance of an order of the Local Government Board allowing the development of estates and building operations to proceed pending the preparation or adoption and approval of the scheme, and the carrying out of works so permitted shall not prejudice any claim of any person to compensation in respect of property injuriously affected by the making of the scheme." This is discussed on page 336. Resolution. See section 42, above. Authorised. Previously to the passing of this Act authorisation was necessary — see section 42, above. 46. (1.) The council of every borough or other urban district containing on the first day of January nineteen hundred and twenty-three a population according to the last census for the time being of more than twenty thousand shall, within three years after that date, prepare and submit to the Local Government Board a town planning scheme in respect of all land within the borough or urban district in respect of which a town planning scheme may be made under the Act of 1909. (2.) Without prejudice to the powers of the council under the Act of 1909, every scheme to which this section HOUSING, TOWN PLANNING, ETC., ACT, 1919 451 applies shall deal with such matters as may be deter- S. 46 (19), mined by regulations to be made by the Local Govern- ment Board. (3.) Every regulation so made shall be laid before both Houses of Parliament as soon as may be after it is made, and, if an address is presented by either House within twenty-one days on which that House has sat next after any such regulation is laid before it praying that the regulation may be annulled, His Majesty in Council may annul the regulation, but without prejudice to the validity of anything previously done thereunder. Within three years, i.e. before 1st January 1926. If default is made — see the next section, particularly sub- section (3) thereof. May be tnade. . . . See section 54 of the Act of 1909. Powers of the council. See sections 54-66 of the Act of 1909. Regulations. None have yet been made. Subsection (3). See section 7 (3) and note thereto. 47. (1.) Where the Local Government Board are Power of satisfied after holding a public local inquiry that a town Government planning scheme ought to be made by a local authority ^"u^ire^to as respects any land in regard to which a town planning plf-nning scheme may be made under the Act of 1909, the Board may by order require the local authority to prepare and submit for their approval such a scheme, and, if the scheme is approved by the Board, to do all things neces- sary for enforcing the observance of the scheme or any provisions thereof effectively, and for executing any works which, under the scheme or under Part II of the Act of 1909, the authority are required to execute. (2.) Any order made by the Local Government Board under this section shall have the same effect as a resolu- tion of the local authority deciding to prepare a town 452 LAW AND PRACTICE WITH REGARD TO HOUSING S. 47 (19). planning scheme in respect of the area in regard to which the order is made. (3.) If the local authority fail to prepare a scheme to the satisfaction of the Board within such time as may be prescribed by the order, or to enforce the observance of the scheme or any provisions thereof effectively, or to execute any such works as aforesaid, the Board may themselves act, or in the case of a borough or other urban district the population of which is less than 20,000, or of a rural district, may, if the Board think fit, by order, empower the county council to act in the place and at the expense of the local authority. Public local inquiry. See section 85 of the Act of 1890, and notes thereto. Under the Act of 1909. See sections 54 to 67 (page 324, et seq.). Resolution of the local authority. See section 42 hereof. Subsection (3). This section is like section 61 of the Act of 1909 with the difference that in case of the local authority's default " the Board may themselves act," &c. It is not quite clear that the Board (Ministry) may act at the expense of the local authority — compare section 4 (2) hereof ; and as to the recovery of the county council's expenses — compare section 3 (2) hereof. Conse- 48. The amendments specified in the second column of minor'^ ^^ tlic Third Schedule to this Act (which relate to conse- amendments. q^gnt^i^l and minor matters) shall be made in the pro- visions of Part II of the Act of 1909 mentioned in the first column of that schedule. HOUSING, TOWN PLANNING, ETC., ACT, 1919 453 PART III S. 49 (19). Acquisition of Small Dwellings 49. The following amendments shall be made in the Amendment of 62 & 63 Small Dwellings Acquisition Act, 1899 : — Vict. c. 44. (a) In subsection (1) of section one "eight hundred pounds " shall be substituted for " four hundred pounds " as the limit on the market value of houses in respect of which advances may be made : (6) In paragraph (a) subsection (1) of section one " eighty-five per cent." shall be substituted for " four-fifths " with respect to the limitation on the amount which may be advanced : (c) Paragraph (6) of subsection (1) of section one shall be repealed : (d) A receipt under seal in the form set out in Part I of the Fourth Schedule to this Act (with such varia- tions and additions (if any) as may be thought expedient) endorsed on, or written at the foot of, or annexed to, a mortgage for money advanced under the Act which states the name of the person who pays the money and is executed by a local authority shall, without any re-conveyance, re- assignment or release, operate as a discharge of the mortgaged property from all principal money and interest secured by, and from all claims under the mortgage, and shall have such further operation as is specified in Part II of that schedule : Provided that — (a) nothing in this provision shall affect the right of any person to require the re-conveyance, re- assignment, surrender, release, or transfer to be executed in lieu of a receipt ; and 454 LAW AND PRACTICE WITH REGARD TO HOUSING S. 49 (19). (6) the receipt shall not be liable to stamp duty and shall be granted free of cost to the person who pays the money. The Act with these amendments noted therein is printed on page 257. Note paragraph (d) and that the deed discharging the mortgage is not liable to stamp duty. For the Fourth Schedule — see page 463. Repeals. Extent. Short title PART IV General 50. The enactments specified in the Fifth Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule. 51. This Act shall not extend to Scotland or Ireland, There are separate Acts for Scotland and Ireland. 52. (1.) This Act may be cited as the Housing, Town Planning, &c., Act, 1919. (2.) The Housing of the Working Classes Acts, 1890 to 1909, and this Act so far as it amends those Acts may be cited together as the Housing Acts, 1890 to 1919, and are in this Act referred to as the " Housing Acts." (3.) Part II of the Housing, Town Planning, &c., Act, 1909, and Part II of this Act may be cited together as the Town Planning Acts, 1909 and 1919. (4.) The Small Dwellings Acquisition Act, 1899, and Part III of this Act may be cited together as the SmaU Dwellings Acquisition Acts, 1899 and 1919. The Housing of the Working Classes Acts, 1890 to 1909, are defined in section 76 of the 1909 Act. The definition of " Housing Acts " now given removes some HOUSING, TOWN PLANNING, ETC., ACT, 1919 455 confusion caused by the definition given in section 51 S. 52 (19). of the 1909 Act. But even yet Parts III and IV of the 1909 Act are excluded, although in Part IV there is section 76 which contains the definition of " the Housing of the Working Classes Acts, 1890 to 1909." For construction of Part I of this Act — see section 40. SCHEDULES FIRST SCHEDULE Section 9 (see p. 387) Rules for determining the amount of Reduction OF Compensation [a] The value of the whole of the land included in the scheme shall first be ascertained on the basis of its value as a cleared site available for development in accordance with the requirements of the building byelaws in force in the district. (6) The value of the whole of the said land shall next be ascertained on the basis of its value as a cleared site subject to the requirements of the scheme as to the provision to be made for the re- housing of persons of the working classes or the laying out of open spaces on the land or any part thereof. (c) The difference between the amounts ascertained under paragraph {a) and paragraph (6) shall then be computed. {d) The amount by which the compensation payable for the respective interests in the land to which section nine of this Act applies, as ascertained in accordance with the principle laid down in that section, is to be reduced shall be a fraction thereof equal to the amount arrived at under paragraph (c) when divided by the amount arrived at under paragraph {a). 456 LAW AND PRACTICE WITH REGARD TO HOUSING 2ndSch.(19). Section 39 (see p. 440). SECOND SCHEDULE Amendments as to Procedure under Part I and Part II of the Principal Act and Minor Amend- ments OF THE Housing Acts Enactment to be amended . Nature.of Amendment. Housing of the Working aasses Act, 1890 (53 & 54 Vict. c. 70) : s. 5 (2) s. 6 (3) s. 12 (6) s. 7 s. 7 (a) 8. 7 (b) For the words " two or more justices " there shall be substituted the words " any justice," and for the word " twelve " there shall be substituted the word" six." For the words " the person entitled to the first estate of freehold in any property comprised in the scheme, or with the concurrence of such person " there shall be substituted the words " any person having such interest in any property comprised in the scheme as may be sufficient to enable him to carry out and effect the same." For the words " the person entitled to the first estate of freehold in any land com- prised in an improvement scheme " there shall be substituted the words " any person having such interest in any land comprised in an improve- ment scheme as may be sufficient to enable him to carry out and effect the same." After the words " the local authority shall " there shall be inserted the word " forth- with." The words " during three consecutive weeks in the month of September or October or November " shall be omitted. Substitute " a " for " some one and the The words " during the month next following the month in which such advertisement is published " shall be omitted. After " occupier " there shall be inserted " (except tenants for a month or a less period than a month)." HOUSING, TO^VN PLANNESTG, ETC., ACT, 1919 457 Enactment to be amended. Housing of the Working Classes Act, 1890 (53 & 54 Vict. c. 70) (contd.) : s. 8 (5) 12(1) s. 14 s. 16 (1) s. 31 (1) s. 31 (2) 38 (2) Nature of Amendment. 2ndSch.(19). For the word " copy " there shall be substituted the word " notice." The words " except tenants for a month or a less period than a month " shall be omitted. At end there shall be inserted the words " provided that the Local Authority shall not be required to acquire any leasehold interest in any property com- prised in a scheme which can be allowed to expire without unduly delaying the execution of the scheme." The whole section shall be omitted. For the words " twelve or more rate- payers have complained " there shall be substituted the words " complaint has been made," and after the word " district " there shall be inserted the words " by any person or persons competent under the foregoing pro- visions of this part of this Act to make such complaint," and for the word " ratepayers " there shall be substi- tuted the words " complainant or com- plainants, as the case may be." For the words from " and upon " to " the confirming authority shall " there shall be substituted the words " and the confirming authority may." For the words " in any district any four or more householders living in or near to any street " there shall be substi- tuted the words " any justice of the peace acting for a district, or any four or more householders in a district," and the words " in or near that street " shall be omitted. Before the word " householders " there shall be inserted the words " justice of the peace or ". Before the words " any four or more inhabitant householders of " there shall be inserted the words " any justice of the peace acting for a district, or ". 458 LAW AND PRACTICE WITH REGARD TO HOUSING 2ndSch. (19). Enactment to be amended. Housing of the Working Classes Act, 1890 (53 & 54 Vict. c. 70) (contd.) : s. 45 (1) B. 57 (3) s. 81 First Schedule Second Schedule- Paragraph (1) Paragraph (4) Nature of Amendment. After the words " where the medical officer of health " there shall be inserted the words " inspector of nuisances or other officer of the district authority." The words " if not a rural sanitary authority " and the words " and if a rural sanitary authority with the consent of the county council of the county in which the land is situate " shall be omitted. The word " or " shall be inserted before the words " to make any rate." The words " out of their own number," and the words "or to enter into any contract " shall be omitted. After the words " provided that a committee so appointed shall " there shall be inserted the words " consist as to a majority of its members of members of the appoint- ing local authority, and shall ". For the words " The Commissioners of Sewers " there shall be substituted " The Common Council," and for the words " The sewer rate and the con- solidated rate levied by such Com- missioners, or either of such rates," there shall be substituted the words " The General Rate." For the words " as soon as practicable after the passing of the confirming Act ' ' there shall be substituted the words " before making an application for the appointment of an arbitrator as hereinafter mentioned." After the word " occupiers " there shall be inserted the words " except tenants for a month or a less period than a month." For the words " has not been " there shall be substituted the words " is not." HOUSING, TOWN PLANNING, ETC., ACT, 1919 459 Enactment to be amended. Housing of the Working Classes Act, 1890 (53 & 54 Vict. c. 70) : Second Schedule [contd.) — Paragraph (6) Paragraph (7) Paragraph (8) Paragraph (9) Paragraph (10) Paragraph (12) Nature of Amendment. 2ndSch.(19). For the words beginning " and the local authority shall publish " to the end of the paragraph there shall be substituted the words " Before applying to the arbitrator to determine the compensation in respect of any particular lands or interest therein, the local authority shall send a notice by post of their intention to the owners or reputed owners, lessees or reputed lessees, so far as they can be reasonably ascer- tained." The words from " shall ascertain " to " willing to pay ; and " shall be omitted, and for the words " he shall proceed " there shall be substituted the words " shall proceed." The words " by causing such notice to be published or otherwise in such manner as he thinks advisable " and the words " in disputed cases as to the amovmt of compensation to be paid " shall be omitted. The words " (subject to the provisions concerning an appeal hereinafter con- tained) " shall be omitted. For the words from " and the local authority shall thereupon " to the end of the paragraph there shall be inserted the words " The title in the case of a person claiming a fee simple interest in any lands included in any such award as aforesaid shall commence twenty years previous to the date of the claim except there has been an absolute conveyance on sale within twenty years and more than ten years previous to the claim when the title shall com- mence with such conveyance. Pro- vided that the local authority shall not be prevented if they think fit from reqmring at their own expense any further abstract or evidence of title respecting any lands included in any such award as aforesaid in addition to the title hereinbefore mentioned." The words from " The local authority, or any person interested " to the end of the paragraph shall be omitted 460 LAW AND PRACTICE WITH REGARD TO HOUSING 1 2ndSch. (19). Enactment to be amended. Housing of the Working Classes Act, 1890 (53 & 54 Vict. 0. 70) : Second Schedule (conid.) — Paragraph (14) Paragraphs (22), (26) and (27), Paragraph (29) (1) (c). Paragraph (30) Paragraph (32) Housing of the Working Classes Act, 1903 (3 Edw. 7. c. 39) : s. 4 (2) Housing, Town Plan- ning, &c.. Act, 1909 (9 Edw. 7. c. 44) : s. 17 (3) s. 17 (4) s. 17 (7) s. 18 (3) Nature of Amendment. For the words " such statement and abstract as aforesaid " there shall be substituted the words " a statement in writing by any person claiming any right to, or interest in, the lands and an abstract of title on which the same is founded." These paragraphs shall be omitted. For the words " before the appointment of the arbitrator " there shall be sub- stituted the words " not less than 14 days before the date of the arbitration in that particular case." After the word " documents " there shall be inserted the words " other than any formal offer made by the local authority." Substitute " a " for " someone and the same." For the word " twelve " : in both places where the word " twelve " occurs there shall be substituted the word For the word " order," where it last occurs, shall be substituted the word " notice." For the words " every occupying tenant " shall be substituted the words " the occupier." After the words " nearest to the room " ■ insert the words " or more than three feet below the surface of any ground within nine feet of the room." At the end the following words shall be inserted : " and if and when the necessary works are completed to their satisfaction, the local authority shall determine the closing and demolition orders relating to the dwelling-house." HOUSING, TOWN PLANNING, ETC., ACT, 1919 461 Enactment to be amended. Housing, Town Plan- ning, &c.. Act, 1909 (9Edw. 7.C. 44) [contd.): s. 18 (4) s. 39 (1) s. 69 (1) Nature of Amendment. 2ndSch.(19), For the word " order," where it last occurs, shall be substituted the word " notice " ; and at the end of the subsection the following words shall be inserted : "or where the operation of the order has been postponed for any period within fourteen days after the expiration of that period." At the end of the proviso (6) the following words shall be inserted : " unless the appellant fails to prosecute his appeal with due diligence." For the words " or information " shall be substituted the words " information or closing order." THIRD SCHEDULE Minor and Consequential Amendments of the Provisions as to Town Planning Section 48 (see p. 452). Enactment to be amended. Nature of Amendment. Housing, Town Plan- ning, &c., Act, 1909 (9 Edw. 7. c. 44) : Section 54 . At the end of subsection ( 1 ) the following proviso shall be inserted : — " Provided that where a piece of land already built upon or a piece of land not likely to be used for building purposes is so situate with respect to any land likely to be used for building purposes that the general object of the scheme would be better secured by its inclusion in any town planning scheme made with respect to the last-mentioned land, the scheme may include such piece of land as aforesaid, and may provide for the demolition or alteration of any buildings thereon so far as may be necessary for carrying the scheme into effect." Subsection (3) shall be omitted. 462 LAW AND PRACTICE WITH REGARD TO HOUSING SrdSch (19). Enactment to be amended. Housing, Town Plan- ning, &c., Act, 1909 (9Edw. 7. c. 44) (contd.): Section 56 . . Section 58 Section 59 Section 65 Foxirth Schedule Fifth Schedule Nature of Amendment. In subsection (1) for the words " appli- cation for authority to prepare or adopt a town planning scheme, the prepara- tion of the scheme " there shall be substituted the words " the prepara- tion or adoption of a town planning scheme," and after the word " adopted " there shall be ihserted the words " the variation or revocation of a scheme," and after the words " the provisions thereof " there shall be inserted the words " or the variation or revocation of the scheme." In paragraph (a) of subsection (2) for the words " at every stage of the pro- ceedings, by means of conferences and such other means " there shall be sub- stituted the words " by such means." In subsection (2) for the words " time at which the application for authority to prepare the scheme was made " there shall be substituted the words " date of the resolution of the local authority to prepare or adopt the scheme or after the date when such resolution takes effect as the case may be " and for the words " the application was made " there shall be substituted the words " such date or other time as afore- said." In subsection (2) the words " with a view to securing the amenity of the area included in the scheme or any part thereof " shall be omitted. In subsection (2) after the words " made thereunder " where they secondly occur there shall be inserted the words "including the cost of the preparation or adoption of a scheme." In paragraph (18) the words " by means of conferences, &c." shall be omitted. In paragraph (1) for the words " and for the purpose of an application for authority to prepare or adopt " there shall be substituted the words " the preparation or adoption of," and for the words " Submission of plans and estimates " there shall be substituted the words " Preparation and deposit of plans." HOUSING, TOWN PLANNING, ETC., ACT, 1919 463 FOURTH SCHEDULE 4thSch.(i9). PART I Section 49 (see p. 453). Form of Endorsed Receipt The local authority of hereby acknowledge that they have this day of 19 , received the sum of £ representing the [aggre- gate] [balance remaining owing in respect of the] principal money secured by the within [above] written [annexed] mortgage [and by an indenture of further charge dated, &c., or otherwise as required] together with all interest and costs, the payment having been made by of [&c.] and of [&c.] out of money in their hands properly applicable for the discharge of the mort- gage [or otherwise as required]. In witness, &c. PART II Effect of Endorsed Receipt ( 1 . ) Any such receipt shall operate — (a) In the case of land in fee simple comprised in the mortgage, as a conveyance or re-conveyance (as the case may be) of the land to the person (if any) who immediately before the execution of the receipt was entitled in fee simple to the equity of redemption, or otherwise to the mortgagor in fee simple to the uses (if any) upon the trusts subject to the powers and provisions which at that time are subsisting or capable of taking effect with respect to the equity of redemption or to uses (if any) which correspond as nearly as may be 464 LAW AND PRACTICE WITH REGARD TO HOUSING 4thSch. (19). with the limitations then affecting the equity of redemption ; (6) In the case of other property, as an assignment or re-assignment (as the case may be) thereof to the extent of the interest which is the subject- matter of the mortgage, to the person who im- mediately before the execution of the receipt was entitled to the equity of redemption : Provided that (except as hereinafter mentioned) where, by the receipt, the money appears to have been paid by a person who is not entitled to the immediate equity of redemption, then, unless it is otherwise expressly provided, the receipt shall operate as if the mortgage had been a statutory mortgage and the benefit thereof had, by deed expressed to be made by way of statutory transfer or mortgage, been transferred to him ; but this provision shall not apply where the mortgage is paid off out of capital money, or other money in the hands of a personal representative or trustee properly applicable for the discharge of the mortgage, unless it is expressly provided that the receipt is to operate as a transfer. (2.) Nothing in this schedule shall confer on a mort- gagor a right to keep alive a mortgage, paid off by him, so as to affect prejudicially any subsequent incumbrancer ; and where there is no right to keep the mortgage alive, the receipt shall not operate as a transfer. (3.) In any such receipt the same covenants shall be implied as if the person who executes the receipt had by deed been expressed to convey the property as mort- gagee. (4.) Where a mortgage consists of a mortgage and a further charge or of more than one deed, it shall be sufficient if the receipt refers either to all the deeds HOUSESTG, TOWN PLANNESTG, ETC., ACT, 1919 465 whereby the mortgage money is secured or to the aggregate 4th Sch. (19) amount of the mortgage money thereby secured and is endorsed on, written at the foot of, or annexed to, one of the mortgage deeds. (5.) In this schedule the expression "mortgage" " mortgage money " " mortgagor " and " mortgagee " have the same meanings as in the Conveyancing Act, 44 & 45 Vict. c. 41. 1881. FIFTH SCHEDULE Enactments Repealed Section 50 (see p. 454). Session and Chapter. 53 & 54 Vict, c. 70. 63 & 64 Vict, c. 59. 3 Edw. 7. c. 39. 9 Edw. 7. c. 44. The Housing of the Working Classes Act, 1890. The Housing of the Working Classes Act, 1900. The Housing of the Working Classes Act, 1903. The Housing, Town Planning, &c., Act, 1909. Extent of Eepeal. Sections fourteen, sixty and sixty-four and sub- section "(2) of section fifty-seven. Section five. Subsection (1) of section five. Subsection (2) of section four, sections six,sixteen, thirty-two and seventy- two and in the First Schedule the paragraph numbered (7). 30 HOUSING (ADDITIONAL POWERS) ACT, 1919 [9 & 10 Geo. 5. Ch. 99.] arrangement of sections § 1. Provision for payment of money to persons constructing houses — 2. Aggregate amount of grants — 3. Provasion as to expenses vmder 8. 16 of 9 & 10 Geo. 5. c. 35.-4. Amendment of s. 7 and s. 19 of 9 & 10 Geo. 5. c. 35. with respect to amount of annual payments — 5. Pro- hibition of building operations which interfere with provision of dwelling houses — 6. Prohibition on demolition of dwelling-houses — 7. Powers of borrowing for purpose of Housing Acts — 8. Subsection (2) of s. 1 of 6 & 7 Geo. 5. c. 69. to be perpetual — 9. Power of trustees to invest in certain securities issued by local authorities — 10. Acquisition of land for purpose of garden cities or town planning schemes — 11. Mean- ing of local authority — 12. Execution of Act in count j'^ of London — 13. Application to Scotland — 14. Application to Ireland — 15. Short title and duration. Schedule. An Act to make further provision for the better housing of the people, to authorise the acquisition of land for the development of garden cities or for the purposes of town planning schemes, and to make further pro- vision with respect to the borrowing powers of public authorities and bodies and ivith respect to the securities issued by them. [23rd December 1919.] Be it enacted by the King'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 : Provision 1. (1.) Subject to the provisions of this Act, the of monTy'to Minister of Health (in this Act referred to as " the st7uct'ing^°'^ Minister ") may, in accordance with schemes made by houses. jjjjjj ^-^^Yi the approval of the Treasury, make grants out 466 HOUSING (additional POWERS) ACT, 1919 467 of moneys provided by Parliament to any persons or S. i (A. P.). bodies of persons constructing houses. Subject. See the present section, and section 2. Any persons. The chief purpose of the Act is to pro- vide a subsidy or grant to private persons, firms, or bodies building houses within the conditions (see page 119). The total of the grant is £15,000,000, and for points arising — see notes to section 2(1) and (2) below. Persons enlarging or repairing existing houses do not get a grant. (2.) Grants under this section shall be made only in respect of houses — (a) which comply with the conditions prescribed by the Minister and are in material accordance with the conditions as to the number of houses per acre and the standards of structural stability and sanitation approved by the Minister in the case of any scheme submitted by a local authority under section one of the Housing, Town Planning, &c.. Act, 1919; 9&lOGeo.5. c. 35. Conditions prescribed. These are given in full on page 119. See also the note next below, and, particularly, subsection (3) below. Material accordance. The conditions as to the number of houses per acre and the standards of structural stability and sanitation, are not prescribed as regards the schemes of the local authorities, but such schemes are approved by the Minister when submitted, and they are in general accordance with the Manual issued by the Ministry (see page 23) and the Ministry's standard specification for "cottages. The local byelaws in so far as they are not abrogated or relaxed (see above) would also have to be observed, but only so far as they are consistent with the aforesaid prescribed conditions — see subsection (3) below. The words following " conditions prescribed by the Minister" are in the nature of an instruction to the Minister as to what the conditions should be which he prescribes, and it would appear from the official 468 LAW AND PRACTICE WITH REGARD TO HOUSING S. 1 (A.P.). document, printed on page 114, that the Minister has adopted this procedure. By the prescribed conditions the houses to receive the grant are strictly limited as to size, &c. (pages 114 and 119). (6) which are certified by the local authority of the area in which the houses are situate, or on appeal by the Minister, to have been completed in a proper and workmanlike manner ; The certificates to be used are shown on page 126 et seq. The appeal is referred to in paragraph 7 on page 118, and in the paragraph which completes this subsection. (c) the construction of which is begun within twelve months after the passing of this Act and which are completed within that period or such further period not exceeding four months as the Minister may in any special case allow : Provided that a proportionate reduction of the grant shall be made in respect of any house which is not completed within the said period of twelve months unless the Minister is satisfied that the failure to complete the house within that period was due to circumstances over which the person constructing the house had no control. In any special case. For instance, where the houses are not completed before 23rd December 1920 because of bad weather, or a strike, or transport or similar diffi- culties beyond the control of the builder ; but the Minister's power is not limited to these instances. Profortionate reduction. See paragraph 3 on page 116, for the amount thereof, the official figures (a reduction of one-twelfth of the grant for each extra month) being those indicated by the word " proportionate." It would seem clear that in the instances given in the immediately preceding note, there might be no reduction, but the builder will not be entitled to even a reduced grant unless the Minister expressly allows in each particular HOUSING (additional POWERS) ACT, 1919 469 case a further period, and this period is not fixed at S. l (A.P.). four months but at '' not exceeding four months," e.g. the Minister may allow, in a particular case, only one month extra. The Government has undertaken to extend the periods of these grants by twelve months, so that the words "twelve months" in the section will then read " twenty- four months." Any person aggrieved by the refusal or neglect of a local authority to grant a certificate under this subsection in respect of any house may appeal to the Minister, and, if the Minister is satisfied that the house has been completed in a proper and workmanlike manner, he shall certify accordingly. (3.) In so far as the provisions of any building byelaws are inconsistent with the conditions prescribed by the Minister under this section, those provisions shall not apply in respect of any houses which comply with those conditions : Provided that, as regards the administrative county of London, the Minister shall not prescribe any con- ditions inconsistent with the provisions of any building byelaws in force in the county except after consultation with the London County Council on the general question of the relaxation of such provisions in connexion with the construction of houses under this Act. In this Act the expression "building byelaws" has the same meaning as in Part I of the Housing, Town Planning, &c., Act, 1919. Prescribed by the Minister. See page 119. ""Building byelaws.'" See section 40 of the said Act (page 441). 2. (1.) The aggregate amount of the grants to be Aggregate made for the purposes of the preceding section of this grants. Act shall not exceed fifteen milHon pounds. 470 LAW AND PRACTICE WITH REGARD TO HOUSING S, 2 (A.P.). Thus there would be a maximum of 600,000 houses provided under the preceding section, on the basis of an average grant of £250 per house. If private builders propose to build more than this maximum, the Ministry will have to adopt restrictive measures. (2.) A grant shall not be made under the preceding section of this Act in respect of any house in respect of which any payment out of moneys provided by Parlia- ment may be made under section seven or section nine- teen of the Housing, Town Planning, &c., Act, 1919, and a payment shall not be made under those sections in respect of any house in respect of which a grant has been made under the preceding section of this Act. Briefly, there will not be two State payments in re- spect of the one house— a point for local authorities and public utility societies to observe if they buy a house erected by a private person. Provision as *3. (1.) Any expenses incurred by the Minister under vmder^^"^^^ section sixteen of the Housing, Town Planning, &c., ^' ^^ ^L ,- Act, 1919, in connexion with the conversion of buildings 9 & 10 Geo. 5. ' ' "^ c. 35. into separate tenements shall, subject as hereinafter provided, be paid out of moneys provided by Parliament : Provided that such part of any such expenses as would have been borne by the local authority if they had been expenses incurred in carrying out a scheme to which section seven of the said Act applies shall be payable by that authority and shall be recoverable from that authority as a debt due to the Crown, and the certificate of the Minister as to the part of the expenses to be borne by the local authority shall be conclusive. (2.) The provision of money for the payment of any * See section 15 (p. 485) as to expiry. HOUSING (additional POWERS) ACT, 1919 471 amounts payable by a local authority under this section S. 3 (A.P.). shall be a purpose for which the authority may borrow under Part III of the Housing of the Working Classes 53 & 54 vict. Act, 1890. ''•"^• (3.) The Minister may make orders containing such provisions with regard to the vesting in the local authority of any buildings converted into separate tenements under the provisions of the said section sixteen and such consequential and supplemental provisions as the Minister may think necessary, and any order so made shall be binding on the local authority. This supplies an omission in section 16 of the Housing, Town Planning, &c.. Act, 1919, by which the Minister has power to acquire and alter, &c., buildings, and has exercised it to acquire houses to be turned into flats. The said power was " to assist in the preparation of schemes " in the emergency, pending the preparation of a scheme by the local authority. In effect the section enables the Minister to treat himself as being the repre- sentative or agent of the appropriate local authority in respect of such conversions. The local authority can more conveniently collect the rents and manage the fiats. He has power to vest the flats in the local authority though the local authority object, and his certificate as to the part of the expenses to be borne by the local authority is conclusive. As to borrowing powers— see section 66 of the 1890 Act. 4. Section seven of the Housing, Town Planning, &c.. Amendment Act, 1919 (which provides for the recoupment out of g. igof moneys provided by Parliament of losses incurred in 0*^35° ^f^h^ connexion with certain schemes), and section nineteen respect to amount of of that Act (which provides for the contributions out of annual payments. moneys provided by Parliament towards costs incurred by public utility societies and housing trusts) shall respec- tively have effect as though for the words " equivalent S. 4 (A.P.). Prohibition of building operations which inter- fere with provision of dwelUng- houses. 472 LAW AND PRACTICE WITH REGARD TO HOUSING to thirty per centum of the annual loan charges," where they occur in each of those sections, there were substituted the words " equivalent during the period ending on the thirty-first day of March nineteen hundred and twenty-seven, to fifty per centum and thereafter to thirty per centum of the annual loan charges." *5. (1.) Where it appears to a local authority that the provision of dwelling accommodation for their area is or is likely to be delayed by a deficiency of labour or materials arising out of the employment of labour or material in the construction within their area of any works or buildings (other than works or buildings author- ised or required by, under, or in pursuance of any Act of Parliament), and that the construction of those works or buildings is in the circumstances of the case of less public importance for the time being than the provision of dwelling accommodation, the authority may by order prohibit for such time and on such terms and subject to such conditions as the Minister may from time to time prescribe, and either in whole or in part, the con- struction of those works or buildings. Local authority. See section 1 1 hereof. Dwelling accominodation. Not only in new houses, but by the enlargement or repair of existing houses, residential hotels, and the like. Likely to he delayed. There is an appeal from the local authority's decision — see the next subsection. But this is only one of the conditions : the other is, briefly, that the other works are less urgent, and where the other works are the erection of a factory giving employment to a large number of people, it is obviously a matter ♦Expires on 22nd December 1921. HOUSING (additional POWERS) ACT, 1919 473 for careful adjustment, " Luxury building " is what is s. 5 (A.P.). chiefly aimed at. Constructian . . . of any works or buildings. See the definition in subsection (6) below. Authorised or required by . . . Act of Parliament, e.g. buildings by railway companies and the like. The building of a post office could not be prohibited under this subsection. Conditions as the Minister may . . . prescribe. See page 684. (2.) Any person aggrieved by an order made by a local authority under this section may, subject to rules of procedure to be made by the Minister, appeal to the Minister, and on any such appeal the Minister shall refer all such cases to a standing tribunal of appeal, consisting of five persons, to be appointed by the Minister, which shall have power either to annul the order or to make such order in the matter as the local authority could have made, and the decision of the tribunal of appeal in the matter shall be final and not subject to appeal to or review by any court. Mules of procedure. See page 694. There must be a hearing — Rex v. Tribunal of Appeal — Ex parte Alhambra Picture House (Huddersfield), Ltd. (The Times, 12th June 1920). (3.) Where any appeal against an order made under this section is not finally determined within fourteen days after the date on which notice of appeal against the order was given, the operation of the order shall be suspended as from the expiration of the said fourteen days until the appeal has been finally determined. So that the building can proceed, if in fourteen days after notice of appeal has been given the appeal has not been determined. (4.) If any person acts in contravention of or fails to 474 LAW AND PRACTICE WITH REGARD TO HOUSENG S. 5 (A.P.). Prohibition on demoli- tion of dwelling- houses. comply with any of the provisions of an order made under this section, he shall be liable on summary conviction to a fine not exceeding one hundred pounds, and, if the offence is a continuing offence, to a fine not exceeding fifty pounds for each day during which the offence continues, and, where the person guilty of an offence under this section is a company, every director and officer of the company shall be guilty of the like offence unless he proves that the act constituting the offence took place without his consent or connivance. (5.) In any action or proceedings for breach of a contract to construct any works or buildings, it shall be a good defence to the action or proceedings to prove that the non-fulfilment of the contract was due to com- pliance with an order made under this section. (6.) In this section the expression "construction of any works or buildings " includes the making of altera- tions or additions to existing works or buildings. Large houses, residential hotels and the like are not interfered with by this section. (7.) Any rules of procedure made by the Minister under this section shall be laid before both Houses of Parliament as soon as may be after they are made. *6. (1.) If any person at any time after the third day of December, nineteen hundred and nineteen, with- out the permission in writing of the local authority within whose area the house is situate, demolishes, in whole or in part, or uses otherwise than as a dwelling- house any house which was at that date in the opinion of the local authority reasonably fit or reasonably capable without reconstruction of being rendered fit for human * Expires on 22nd December 1921. HOUSING (additional POWERS) ACT, 1919 475 habitation, he shall be liable on summary conviction s. 6 (A.P.). in respect of each house demolished or so used to a fine not exceeding one hundred pounds or to imprison- ment for a term not exceeding three months or to both such imprisonment and fine, and, where the person guilty of an offence under this section is a company, every director and officer of the company shall be guilty of the like offence unless he proves that the act consti- tuting the offence took place without his consent or connivance. 3rd December 1919. The day prior to the introduction of the Bill. Reasonably fit. Even though not actually in occupation as a dwelling house, but see subsection (3) below. This section is supplemental to section 28 of the Housing, Town Planning, &c., Act, 1919, which see. By sections 14 and 15 of the 1909 Act the landlord of dwelling- houses not exceeding a specified rental must keep them in repair, and if he does not, the local authority can do the work and recover the cost. But there was nothing to prevent him from closing the houses. The said section 28, which applies to all houses suitable for occupation by the working classes, allows the landlord to close the houses only if they are not capable without reconstruction of being rendered fit for human habitation. The present section applies to all houses, including residential hotels, &c. — see subsection (3) below (whether for the working classes or not), but relates to demolition and the use otherwise than as dwelling-houses. The said section 28 would prevent the owner from demolishing a house after notice to repair had been given. The present section prohibits anyone from demolishing at any time (before 23rd December 1921) without the written permission of the local authority — or from the use otherwise than as a dwelling-house. It does not prevent him from keeping a house empty. (2.) Any person to whom permission to demolish a house has been refused by a local authority under this 476 LAW AND PRACTICE WITH REGARD TO HOUSING S. 6 (A.P.). section, may appeal to the Minister on the ground that the house is not capable without reconstruction of being rendered fit for human habitation, and any such appeal shall be dealt with in the same manner as an appeal under subsection (2) of the preceding section of this Act. The appeal procedure is not the same as that under section 28 (1) of the Housing, Town Planning, &c., Act, 1919, though the point at issue is the same — namely, as the capability of the house for being rendered fit for occupation. For the Rules, see page 706. (3.) Notwithstanding anything in this section, the permission of the local authority shall not be required in the case of any house the demolition of which is re- quired or authorised by, under, or in pursuance of any Act of Parliament, or which is used otherwise than as a dwelling-house for any statutory purposes or which was occupied and used otherwise than as a dwelling-house before the third day of December, nineteen hundred and nineteen. In this section the expression " dwelling-house " means a building constructed or adapted to be used wholly or principally for human habitation. The first part of this subsection permits the demolition without permission of houses which, for instance, a railway company may have statutory power to demolish. Demolition for post office purposes could not be prohibited under this section. Occupied and used otherwise. This is quite general. If a dwelling-house (see the definition) was occupied and used otherwise than as a dwelling-house before 3rd December 1919, it can be demolished without permission. The definition of dwelling-house would include large houses and residential hotels, and would prevent them from being let or sold for business purposes ; but as to shop premises containing rooms for habitation, see HOUSING (additional POWERS) ACT, 1919 477 Davison v. Birmingham Industrial Co-operative Society, S. 6 (A.P.). Ltd., Court of Appeal, 22nd October 1920. 7. (1.) A local authority (including a county council) Powers of may, with the consent of the Minister, borrow any sums for purpose which they have power to borrow for the purposes of Acts°^^^"^ the Housing Acts, 1890 to 1919, by the issue of bonds (in this Act referred to as " local bonds ") in accordance with the provisions of this Act. Including a county cou7icil. County councils have housing powers under the 1919 Act, notably section 8 thereof. See also note to section 1 (6) thereof. Have power to borroiv. For power to borrow under Part I (improvement schemes) — see section 25 of the 1890 Act ; under Part II (reconstruction schemes) — see section 43 thereof ; and under Part III (housing schemes) — see section 66 thereof. See also section 1 of the 1903 Act ; sections 8, 13, 18 (3) and (4), and 22 (3) of the 1919 Act ; and sections 3 (2) and 10 (3) of the present Act. Local bonds . . . provisions of this Act. See subsection (3) below, and the schedule for the provisions. In connec- tion with the present housing effort, one of the greatest difficulties of many local authorities has been that of raising the necessary capital moneys. On 31st October 1919, the Treasury appointed a committee to report on the subject and its Interim Report [Cmd. 444] recommended these Local Bonds. Previously the smaller local authori- ties, under £200,000 rateable value, had been helped with loans from the Local Loans Fund (see sections 25 and 66 of the 1890 Act), but the said committee recommended (paragraph 20) that, whenever conditions admitted, they should endeavour to finance themselves. The said committee referred to the capital required to provide 535,000 houses in England and Wales and Scotland within three years, being £429,750,000 ; but it does not follow that this sum will be required to be raised by these local bonds. (2.) A county council may lend to any local authority within their area any money which that authority have power to borrow for the purposes of the Housing Acts, 478 LAW AND PRACTICE WITH REGARD TO HOUSING S. 7 (A.P.). 1890 to 1919, and may, with the sanction of the Minister and irrespective of any limit of borrowing, raise the money required for the purpose either by the issue of local bonds under this section or by a loan subject to the like con- ditions and in the like manner as any other loan raised for the purpose of their powers and duties, and subject in either case to any conditions which the Minister may by general or special order impose. Order. See the Housing (Loans by County Councils) Order, 1920— S.R. & 0. 1465, page 80. (3.) The provisions set out in the Schedule to this Act shall have efifect with respect to local bonds. See page 486. (4.) Where on an application made by two or more local authorities the Minister is satisfied that it is ex- pedient that those authorities should have power to make a joint issue of local bonds, the Minister may by order make such provision as appears to him necessary for the purpose, and any such order shall provide for the securing of the bonds issued upon the joint rates, property and revenues of the authorities. The provisions of any such order shall have effect as if they were contained in a Provisional Order made 38 & 39 Vict, under section two hundred and seventy- nine of the Public Health Act, 1875. The effect of the concluding paragraph, which is prac- tically identical with that of section 38 of the 1909 Act, is not very clear, more particularly as to whether or not the Provisional Order has to be confirmed by Parliament — see section 297 of the 1875 Act. Section 280 of that Act deals with the "governing body of united district" — section 281 with " contents of Provisional Order forming united district," and subsequent sections with HOUSING (additional POWERS) ACT, 1919 479 meetings, expenses, &c., of the joint board. These S. 7 (A.p.). sections are fully discussed on page 612 ei seq. of Lumley''s Public Health (8th edition). No confirmation by Parlia- ment is necessary in the Scottish case, see section 13 (1) (f) hereof. (5.) Any local authority by whom any local bonds have been issued may, without the consent of the Minister, borrow for the purpose of redeeming those bonds. 8. Subsection (2) of section one of the Public Authori- Subsection (2) of s. 1 of ties and Bodies (Loans) Act, 1916 (which gives power e & 7 Geo. 5. temporarily to certain local authorities to borrow money perpetual. by means of the issue of securities to bearer and whether within or without the United Kingdom), shall be a permanent enactment, and accordingly the words " during the continuation of the present war and a period of six months thereafter" in that subsection shall be repealed. This is in accordance with the recommendation of the Treasury Committee on housing finance : " We have con- sidered the possibility of local authorities borrowing abroad and we understand that some authorities have already been approached by representatives of American financial institutions. We think that this method of borrowing presents far-reaching advantages, and, provided money can be obtained on reasonable terms, should be encour- aged " — paragraph 15 [Cmd. 444], 9. Section one of the Trustee Act, 1893 (which specifies Power of ... , . , e 1 1 • j^ i\ trustees to the securities in which trust funds may be invested), invest in shall have effect as though there were included therein securities local bonds issued under this Act and mortgages of any J^^"®'^ ^^ fund or rate granted after the passing of this Act under authorities. ^ ^ ^ 56 & 57 Vict, the authority of any Act or Provisional Order by a local c. 53. authority (including a county council) which is authorised to issue local bonds under this Act. This follows the recommendations of paragraphs 13 and 24 of Cmd. 444. 480 LAW AND PRACTICE WITH REGARD TO HOUSING S. 10 (A.P.). 10. (1.) Where the Minister is satisfied that any local Acquisition authority (including a county council) or two or more of land for ,...., i • i • • purpose of local authorities jointly, or any authorised association, or'towTi'^ ^^^ ^^6 prepared to purchase and develop any land as a garden planning ^j^y (including a garden suburb or a garden village), or any land in regard to which a town-planning scheme may be made for the purpose of such a scheme for the area in which the land is situate, in accordance with a scheme approved by the Minister, and have funds available for the purpose, he may, with the consent of the Treasury and after consultation with the Board of Trade, the Board of Agriculture and Fisheries, and the Minister of Transport, acquire that land on behalf of the authority or association either by compulsion or by agreement in any case in which it appears to him necessary or ex- pedient so to do for the purpose of securing the develop- ment of the land as aforesaid, and may do all such things as may be necessary to vest the land so acquired in the local authority or association. Local authority. For definition — see section 1 1 hereof. Authorised association. For definition — see subsection (4) below. In regard to ivhich a town planning scheme may be made. See section 54 of the 1909 Act. This is in addition to " any land as a garden city." Acquire that land. Subject to the provisions of sub- section (2) below. (2.) The provisions of the Housing Acts, 1890 to 1919, relating to the powers of a local authority to acquire land for the purposes of Part III of the Housing of the Working Classes Act, 1890, shall apply for the purpose of the acquisition of land by the Minister under this section, and the Minister in exercising his powers of acquiring land under this section shall be subject to the HousmQ (additional powers) act, 1919 481 same conditions as are applicable to the acquisition of S. 10 (A.P.). land under the Housing Acts, 1890 to 1919, by a local authority : Provided that, in the case of an order for the com- pulsory acquisition of land on behalf of an authorised association, the order shall be laid before each House of Parliament and shall not be confirmed by the Minister unless and until both Houses by resolution have approved the order, nor, if any modifications are agreed to b}'- both Houses, otherwise than as so modified. See section 57 of the 1890 Act ; sections 2, 45, 60 and 73 of the 1909 Act ; and sections 12 and 15 of the 1919 Act. (3.) A local authority shall have power to acquire land for the purposes of a scheme approved by the Minister under this section, and to develop any land so acquired in accordance with the scheme, and shall have power to borrow, as for the purposes of the Housing Acts, 1890 to 1919, any money required for the purpose of so a3quiring or developing any land. See note to section 7(1) hereof as to borrowing. The power to acquire and develop for the purposes here mentioned is new, but see Part II of the 1909 Act. (4.) In this section " authorised association " means any society, company or body of persons approved by the Minister whose objects include the promotion, formation, or management of garden cities (including garden suburbs and garden villages), and the erection, improvement or management of buildings for the working classes and others, which does not trade for profit or whose constitution forbids payment of any interest or dividend at a higher rate than six per centum per annum. 31 482 LAW AND PRACTICE WITH REGARD TO HOUSING S. 11 (A.P.). Meaning of local authority. 53 & 54 Vict. c. 70. Execution of Act in county of London. 57 & 58 Vict. c. ccxiii. Application to Scotland. 11. In this Act the expression " local authority " means the local authority within the meaning of Part III of the Housing of the Working Classes Act, 1890 : Provided that for the purpose of the application of the provisions of this Act (other than those relating to expenses under section sixteen of the Housing, Town Planning, &c.. Act, 1919) to the county of London the London County Council shall be the local authority to the exclusion of any other authority, and that in the city of London the London County Council shall be the local authority for the purpose of the certificate as to the completion of houses to be given under the provisions of this Act relating to the payment of money to persons constructing houses. Local authority. See page 234. Other than those. . . . See section 3 (1) hereof ; the effect being that the metropolitan borough councils are the authority in London in respect of such expenses. 12. For the purpose of securing the proper execution of this Act in the administrative county of London, the London County Council shall have the power to require a district surveyor under the London Building Act, 1894, to perform within his district such duties as the Council think necessary for that purpose, and the Council may pay to a district surveyor such remuneration as they may determine in respect of any duties performed by him in pursuance of this section. The said surveyor will make the inspection, &c., for the purposes of the certificates under section 1 hereof. 13. (1.) This Act shall apply to Scotland subject to the following modifications : — (a) References to the Minister of Health shall be con- strued as references to the Scottish Board of Health : HOUSING (ADDITIONAL POWERS) ACT, 1919 483 (6) A reference to the Board of Agriculture and Fisheries s. 13 (A.P.). shall be construed as a reference to the Board of Agriculture for Scotland ; (c) References to section one, section seven and section nineteen of the Housing, Town Planning, &c., Act, 1919, shall be construed as references to section one, section five and section sixteen, respectively, of the 9 & 10 Geo. 5. Housing, Town Planning, &c. (Scotland), Act, 1919 ; (d) References to the Housing Acts, 1890 to 1919, shall be construed as references to the Housing (Scotland) Acts, 1890 to 1919 ; (e) A reference to building byelaws shall be construed as a reference to building regulations as defined by section thirty-one of the Housing, Town Planning, &c. (Scotland), Act, 1919 ; (/) A reference to a Provisional Order made under section two hundred and seventy-nine of the Public Health Act, 1875, shall be construed as a reference to an Order made under subsection (3) of section sixty-four of the National Insurance Act, 1911. 1 & 2 Geo. 5. c. 55. (2.) Section sixteen of the Housing, Town Planning, &c., Act, 1919, shall apply to Scotland as if it had been enacted in Part I of the Housing, Town Planning, &c. (Scotland), Act, 1919, with the substitution of the Scottish Board of Health for the Local Government Board, and references in this Act to the said section sixteen shall be construed as references to that section as so applied. (3.) Section eighteen of the Improvement of Land 27 & 28 Vict. Act, 1864, shall not have effect in the case of landowners in Scotland making applications for loans under that Act for the construction or reconstruction of houses for the working classes. (4.) The section of this Act relating to power of trustees 484 LAW AND PRACTICE WITH REGARD TO HOUSING S. 13 (A.r.). to invest in certain securities issued by local authorities shall not apply, and in lieu thereof — Local bonds issued under this Act shall be bonds within the meaning of paragraph (b) of section three 61 & 62 Vict. of the Trusts (Scotland) Act, 1898. c. 42. Application 14. This Act, in its application to Ireland, shall have effect with the following modifications, namely : — (1.) References to the Minister of Health or to the Minister shall be construed as references to the Local Government Board for Ireland : (2.) References to the Housing Acts, 1890 to 1919, shall be construed as references to the Housing of the Working Classes (Ireland) Acts, 1890 to 1919, references to the Housing, Town Planning, &c., Act, 1919, shall be construed as references to the Housing 9 & 10 Geo. 5. (Ireland) Act, 1919, and references to section seven c. 45. and to section nineteen of the first- mentioned Act shall respectively be construed as references to section five and to section fifteen of the last-mentioned Act: 41 & 42 Vict. (3.) References to the Public Health Act, 1875, shall c 52. be construed as references to the Public Health (Ireland) Act, 1878, and references to section two hundred and seventy-nine of the first-mentioned Act shall be construed as references to section twelve of the last- mentioned Act : (4) The reference to the Board of Agriculture .and Fisheries shall not apjjly : (5.) Section sixteen of the Housing, Town Planning, &c.. Act, 1919, shall apply to Ireland as if it had been enacted in Part I of the Housing (Ireland) Act, 1919, with the substitution of " the Local Govern- HOUSING (additional POWERS) ACT, 1919 485 ment Board for Ireland " for " the Local Government S. u (A.P.). Board " and references in this Act to the said section sixteen shall be construed as references to that section as so applied. 15. (1.) This Act may be cited as the Housing (Addi- Short title tional Powers) Act, 1919. duration. (2.) The provisions of this Act, other than the pro- visions thereof relating to powers of borrowing for the purpose of the Housing Acts, 1890 to 1919, the Public Authorities and Bodies (Loans) Act, 1916, trustee securi- ties, and the acquisition of land for the purpose of garden cities and town-planning schemes, shall continue in force for two years only from the commencement thereof, and no longer : Provided that section thirty-eight of the Interpretation 52 & 53 Vict. Act, 1889 (which relates to the effect of repeals), shall, in relation to the provisions of this Act which cease to be in force on the expiration of the period aforesaid, apply as if these provisions had been repealed by another Act passed on the date of the expiration of the said period. Provisions relating to powers of horroiving. . . . Section 7 hereof. The Public Authorities and Bodies {Loans) Act, 1916. Section 8 hereof. Trustee securities. Section 9 hereof. Acquisition of land. . . . Section 10 hereof. 486 LAW AND PRACTICE WITH REGARD TO HOUSING Section 7 SCHEDULE (p. 478). Provisions as to Local Bonds 1. Local bonds shall — (a) be secured upon all the rates, property and revenues of the local authority : (6) bear interest at such rate of interest as the Treasury may from time to time fix : (c) be issued in denominations of five, ten, twenty, fifty, and one hundred pounds and multiples of hundred pounds : (d) be issued for periods of not less than five years. 54 & 55 Vict. 2. Local bonds shall be exempt from stamp duty under °' ^^- the Stamp Act, 1891, and no duty shall be chargeable 62 & 63 Vict, under section eight of the Finance Act, 1899, as amended 7 Edw 7 ^y section ten of the Finance Act, 1907, in respect of the c. 13. issue of any such bonds. 3. The provisions of section one hundred and fifteen of the Stamp Act, 1891 (which relates to composition for stamp duty), shall, with the necessary adaptations, apply in the case of any local authority by whom local bonds are issued as if those bonds were stock or funded debt of the authority within the meaning of that section. ^ 4. A local authority shall, in the case of any person who is the registered holder of local bonds issued by that authority of a nominal amount not exceeding in the aggregate one hundred pounds, pay the interest on the bonds held by that person without deduction of income tax, but any such interest shall be accounted for and 8 & 9 Geo. 5. charged to income tax under the third case of Schedule D. ^-^O- in the First Schedule to the Income Tax Act, 1918, subject, however, to any provision of that Act with respect to exemption or abatement. 5. Local bonds issued by a local authority shall be accepted by that authority at their nominal value in HOUSING (additional POWERS) ACT, 1919 487 payment of the purchase price of any house erected by or on behalf of any local authority in pursuance of any scheme under the Housing Acts, 1890 to 1919. 6. The Minister may, with the approval of the Treasury, make regulations with respect to the issue (including terms of issue), transfer and redemption of local bonds and the security therefor, and any such regulations may apply, with or without modifications, any provisions of the Local Loans Act, 1875, and the Acts amending that Act, and of any Act relating to securities issued by the London County Council or by any other local or public body. For the Regulations, see page 698. PUBLIC WORKS LOANS ACT, 1920 [10 & 11 Geo. 5. Ch. 61.] [23rd December 1920] 5. — (1) Subject to the provisions of this section, the Public Works Loan Commissioners may advance out of the Local Loans Fund to local authorities within the meaning of the Housing Acts, 1890 to 1919, and on the like security as sums borrowed for the purposes of those Acts, any sums which those authorities have power to borrow for those purposes : Provided that — (a) the amount of an advance to any local authority shall not exceed such sum as may be approved by the Treasury and the Minister of Health in that behalf ; and (b) the amount advanced shall be repaid by the local authority to the Local Loans Fund within a period of twelve months from the date of the advance. (2) Interest on advances under this section shall be payable at such a rate as the Treasury may from time to time fix or, if at any time and so long as the rate originally fixed by the Treasury in the case of any advance is less than the bank rate for the time being in force, at the bank rate. (3) A local authority to whom an advance has been made under this section may, without the consent of the Minister of Health, borrow any money required for the purpose of repaying the advance. (4) The power to make advances under this section shall not be exercised after the thirtieth day of September, nineteen hunrlred and twentv-one. Power to make tem- porary ad- vances from Local Loans Fund to local authorities for housing purposes. Provision for facili- tating the compulsory acquisition of, and entry on, land required for works of ])ublic utility. 9 Edw. 7. c. 44. 9& 10 Geo. 5. c. 35. 53 & 54 Vict. 0. 70. UNEMPLOYMENT (RELIEF WORKS) ACT, 1920 [10 & 11 Geo. 5. Ch. 57.] An Act to make better pi'ovision for the e^nploynient of un- employed persons by facilitating the acquisition of, and entry on, land required for ivorks of public utility, and for purposes connected therewith. [3rd December 1920.] Be it enacted by the King'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 : 1. Subject as hereinafter provided, the provisions of the Housing, Town Planning, &c., Act, 1909, and of the Housing, Town Planning, &c.. Act, 1919, which relate to the procedure for the compulsory acquisition of land for the purposes of Part III of the Housing of the Working Classes Act, 1890, by the Minister of Health and local authorities, and to entry on land acquired for those pur- poses, shall apply to the compulsory acquisition of land for the purpose of works of public utility and of land which may be acquu'ed in connection with any such works, and to the entry on land acquired for that purpose, as if those enactments were lierein re-enacted with the neces- sary adaptations and modifications and with the substitu- tion of the appropriate Government dcjjartment for the Minister of Health and of the local authority having power to execute a work of public utility for the local authority within the meaning of the said Part III : 488 UNEMPLOYMENT (RELIEF WORKS) ACT, 1920 489 Provided that — (a) the powers conferred by this section shall not be exercised except where it is certified by the Minister of Labour that, having regard to the amount of unemployment existing in any area, it is desirable that the provisions of this section should be put into operation with a view to the speedy provision of employment for unemployed persons from that area, and the Minister of Labour shall take into consideration any repre- sentations which may be made to him by any local authority to the effect that he should issue a certificate under this section ; and (b) no order authorising the compulsory acquisition of any land for any purpose shall be made under any enactment as applied by this section, unless an order authorising the compulsor}' acquisition of that land for that pui'pose could have been made under some enactment in force at the commence- ment of this Act ; and (c) where an enactment in force at the commence- ment of this Act, which authorises the compulsory acquisition of land for any purpose for which land has been authorised to be acquired compulsorily by an order made under this Act, contains a pro- vision that the arbitrator in determining the amount of any disputed compensation shall have regard to the extent to which the remaining and contiguous lands and hereditaments belonging to the same proprietor may be benefited by the proposed work for which the land is authorised to be acquired, that provision shall have effect 490 LAW AND PRACTICE WITH REGARD TO HOUSING as respects land authorised to be acquired com- pulsorily by the said order. Power to 2. (1.) If it appears to the Minister of Labour that enter on and . ^^ • •• • r j i r i t acquire land immediate action IS necessary tor the purpose of deahng tion^and*^"^ with unemployment, and that land cannot be acquired improvement under the foregoing provisions of this Act with such expe- dition as the case requires, he may certify accordingly, and thereupon the Minister of Transport (in this section re- ferred to as " the Minister ") or, with the approval of the Minister, any local authority, shall, subject to the pro- visions of this section, have power forthwith to enter upon and take possession of any such land as may be required for or in connection with the construction of any arterial road, being a road which the Minister or the local authority, as the case may be, has or have power to construct or required by the local authority for the improvement of any road, with a view to the employ- ment of unemployed persons in the construction or improvement of the road : Provided that nothing in the foregoing provision shall authorise the Minister or any local authority to enter on any permanent building or structure, or to enter upon or take possession of any land unless that land could, under some enactment in force at the commencement of this Act, have been authorised to be acquired compulsorily for, or in connection with, the construction or improve- ment of a road. (2.) Before entering on an}^ land under this Act, the Minister or local authority shall give seven days' notice in writing of the intention so to do to the owner and occupier of the land. A notice for the purposes of this provision may be served either — UNEMPLOYMENT (RELIEF WORKS ) ACT, 1920 491 (a) by delivering it to or leaving it at the usual or last known place of abode of the person on whom it is to be served ; or (6) by sending it by post in a prepaid letter addressed to that person at his usual or last known place of abode ; or (c) by delivering it to some person on the premises or, if there is no person on the premises who can be so served, by affixing it on some conspicuous part of the premises ; and any such notice may be addressed by the description of the " owner " or the " occupier " of the premises (naming them) without further name or description. (3.) Where the Minister or a local authority enter upon any land in pursuance of this section, he or they shall, by virtue of this section, have power to acquire the land compulsorily, and for the purpose of the acquisition of any such land the provisions of the Lands Clauses Acts shall, subject to the provisions of this section, be deemed to be incorporated in this Act. (4.) The Minister or local authority shaU, as soon as may be after entering on any land under this section, serve notice under section eighteen of the Lands Clauses 8 & 9 Vict^ Consolidation Act, 1845, of the intention to take the land, and shall add to the notice a statement that the entry on the land is made in pursuance of this Act, and shall in all respects be liable as if such notice had been given on the date of entering on the land. (5.) The power conferred by this section to enter on land may, save as hereinbefore in this section provided, be exercised without notice to or the consent of any person and without compliance with the provisions of sections eighty-four to ninety of the Lands Clauses Consolidation 492 LAW AND PRACTICE WITH REGARD TO HOUSING Act, 1845, but such entry shall be without prejudice to the liability to pay compensation for the land and interest thereon as from the date on which entry is made, such compensation and interest to be ascertained in accord- 9 & 10 Geo. 5 ance with the provisions of the Acquisition of Land c 57. (Assessment of Compensation) Act, 1919. Contribution 3. (1.) With a view to the provision of employment for authortties the unemployed persons in their area, a local authority *° tside^ their ^^J' Subject to the approval of the Minister of Health, area. enter into agreements with any Government department or local authority by whom any work of public utility is being, or is about to be, constructed for the payment of a contribution by that authority towards the expenses which may be incurred in carrying out that work, and any two or more local authorities may, subject to the like approval, make schemes with a view to providing for the employment of the unemployed persons in their areas on works of public utility and may by any such schemes make arrangements as to the manner in which the expenses incurred in connection with the works are to be defrayed. (2.) A local authority shall have power, with the approval of the Minister of Health, to borrow money for the purposes of any agreement entered into or any scheme made by the authority under this section, in the case of the council of a county in the same manner as for the purposes specified in section sixty-nine of the Local 51 & 52 Vict. Government Act, 1888, in the case of the council of a ^' metropolitan borough under the Metropolis Management Acts, 1855 to 1893, in the case of the Common Council of the City of London under the City of London Sewers Acts, 1848 to 1897, and in the case of any other council UNEMPLOYMENT (RELIEF WORKS) ACT, 1920 493 in the same manner as for the purposes of the Public Health Acts, 1875 to 1908. (3.) In this section the expression " local authority " means the council of a county or a county borough, or of an urban or rural district : Provided that, for the purposes of the application of the provisions of this section to the administrative county of London, the local authorities shall be the London County Council, the councils of metropolitan boroughs, and the Common Council of the City of London. 4. The provisions of subsection (2) of section nine of Section 9 (2) the Development and Road Improvement Funds Act, c. 47, not 1909, shall not apply with respect to the construction of certam^ ^^ any new road where the Minister of Labour certifies that, cases. having regard to the exceptional amount of unemploy- ment in any area, it is desirable that the construction of the new road should be proceeded with forthwith with a view to the speedy provision of employment for un- employed persons from that area. 5. (1.) In this Act the expression "work of public interpreta- utility " means the construction or improvement of roads saving, (including bridges, viaducts, and subways) or other means of transit, the widening or other improvement of water- ways, the construction or improvement of harbours, the construction of sewers or waterworks, afforestation, the reclamation or drainage of land, and any other work, being a work which a local authority has power to execute, which is approved for the purposes of this Act by the appropriate Government department as a work of public utility. (2.) If any question arises in any case as to what depart- ment is the appropriate Government department within 494 LAW AND PEACTICE WITH REGARD TO HOUSING the meaning of this Act, the question shall be referred to and determined by the Treasury. (3.) The provisions of this Act shall be in addition to and not in substitution for any power of any Government department or local authority to enter upon or acquire any land for the purposes of any work of public utility. 6. (" Application to Scotland and Ireland.") Omitted from this volume. Short title. 7. (1.) This Act may be cited as the Unemployment (Rehef Works) Act, 1920. (2.) This Act shall continue in force for twelve months and no longer unless Parliament otherwise determines : Provided that the expiry of this Act shall not — (a) affect the previous operation thereof or of any- thing duly done or suffered thereunder ; or (6) affect any right, privilege, obligation or liability acquired, accrued or incurred thereunder ; or (c) affect any legal proceeding, arbitration, remedy or investigation in respect of such right, privilege, obligation or liability as aforesaid ; and any such legal proceeding, arbitration, remedy or investigation may be instituted, enforced or continued as if this Act had not expired. APPENDIX I ACQUISITION OF LAND ACQUISITION OF LAND (ASSESSMENT OF COMPENSATION) ACT, 1919 [9 & 10 Geo. 5, Ch. 57.] ARRANGEMENT OF SECTIONS § 1. Tribunal for assessing compensation in respect of land com- pulsorily acquired for public piirposes — 2. Rules for the assessment of compensation — 3. Provision as to procedure before official arbitra- tors — 4. Consolidation of proceedings on claims for compensation in respect of various interests in the same land — 5. Provisions as to costs — 6. Finality of award and statement of special cases — 7. Effect of Act on existing enactments — 8. Power to refer to Commissionera of Inland Revenue or to agreed arbitrator — 9. Certificates of value of official arbitrators — 10. Saving for statutory purchases of statutory undertakings — 11. Application to Scotland and Ireland — 12. Short title, commencement and interpretation. An Act to amend the law as to the Assessment of Compen- sation in respect of Land acquired compulsorily for public purposes and the costs in proceedings thereon. [19th August 1919.] Be it enacted by the King'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 : 1. (1.) Where by or under any statute (whether passed Tribunal for before or after the passing of this Act) land is authorised ^^^^^^^'^g -"■ ° ' compensa- to be acquired compulsorily by any Government Depart- tion in ment or any local or public authority, any question of \Tnd^ disputed compensation, and, where any part of the land compulsorily '^ -^ acquired for to be acquired is subject to a lease which comprises pubhc 495 purposes. 496 APPENDIX 1 S. 1. land not acquired, any question as to the apportion- ment of the rent payable under the lease, shall be referred to and determined by the arbitration of such one of a panel of official arbitrators to be appointed under this section as may be selected in accordance with rules made by the Reference Committee under this section. (2.) Such number of persons, being persons with special knowledge in the valuation of land, as may be appointed for England and Wales, Scotland and Ireland by the Reference Committee, shall form a panel of persons to act as official arbitrators for the purposes of this Act in England and Wales, Scotland and Ireland respectively : Provided that of the members of the said panel for England and Wales one at least shall be a person having special knowledge of the valuation of land in Wales and acquainted with the Welsh language. (3.) A person appointed to be a member of the panel of official arbitrators shall hold office for such term certain as may be determined by the Treasury before his appointment, and whilst holding office shall not him- self engage, or be a partner of any other person who engages, in private practice or business. (4.) There shall be paid out of moneys provided by Parliament to official arbitrators such salaries or remuner- ation as the Treasury may determine. (5.) The Reference Committee — {a) for England and Wales shall consist of the Lord Chief Justice of England, the Master of the Rolls and the President of the Surveyors' Institution ; (b) for Scotland shall consist of the Lord President of the Court of Session, the Lord Justice Clerk and the Chairman of the Scottish Committee of the Surveyors' Institution ; (c) for Ireland shall consist of the Lord Chief Justice of Ireland, the Master of the Rolls in Ireland and the President of the Surveyors' Institution, or (if the President of the Surveyors' Institution thinks ACQUISITION OF LAND 497 fit) a person, being a member of the council of S. 1. that institution and having special knowledge of valuation of land in Ireland appointed by him to act in his place. 2. In assessing compensation, an official arbitrator shall Rules for act in accordance with the following rules : — *^® assess- es ment oi (1.) No allowance shall be made on account of the compensa- acquisition being compulsory : (2.) The value of land shall, subject as hereinafter provided, be taken to be the amount which the land if sold in the open market by a willing seller might be expected to realise : Provided always that the arbitrator shall be entitled to consider all returns and assessments of capital value for taxation made or acquiesced in by the claimant : (3.) The special suitability or adaptability of the land for any purpose shall not be taken into account if that purpose is a purpose to which it could be applied only in pursuance of statutory powers, or for which there is no market apart from the special needs of a particular purchaser or the requirements of any Government Department or any local or public authority : Provided that any bond fide offer ^ for the purchase of the land made before the passing of this Act which may be brought to the notice of the arbitrator shall be taken into consideration : (4.) Where the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court, or is contrary to law, or is detrimental to the health of the inmates of the premises or to the public health, the amount of that increase shall not be taken into account : (5.) Where land is, and but for the compulsory ' Even though an agreement based thereon becomes void — Percival V. Peterborough Corporation (King's Bench Divisional Court, 13th October 1920). 32 498 APPENDIX I S. 2, acquisition would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation may, if the official arbitrator is satisfied that re- instatement in some other place is bond fide intended, be assessed on the basis of the reasonable cost of equivalent reinstatement : (6.) The provisions of Rule (2) shall not affect the assessment of compensation for disturbance or any other matter not directly based on the value of land. For the purposes of this section, an official arbitrator shall be entitled to be furnished with such returns and assessments as he may require. Provision as 3. (1.) In any proceedings before an official arbitrator, beforeofficial ^^^ more than one expert witness on either side shall arbitrators, be heard unless the official arbitrator otherwise directs : Provided that, where the claim includes a claim for compensation in respect of minerals, or disturbance of business, as well as in respect of land, one additional expert witness on either side on the value of the minerals, or, as the case may be, on the damage suffered by reason of the disturbance may be allowed. (2.) It shall not be necessary for an official arbitrator to make any declaration before entering into the consider- ation of any matter referred to him. (3.) The official arbitrator shall, on the application of either party, specify the amount awarded in respect of any particular matter the subject of the award. (4.) The official arbitrator shall be entitled to enter on and inspect any land which is the subject of proceedings before him. (5.) Proceedings under this Act shall be heard by an official arbitrator sitting in public. (6.) The fees to be charged in respect of proceedings before official arbitrators shall be such as the Treasury may prescribe. ACQUISITION OF LAND 499 (7.) Subject as aforesaid, the Reference Committee S. 3. may make rules regulating the procedure before official arbitrators. 4. Where notices to treat have been served for the Consolida acquisition of the several interests in the land to be ^^°"^ °^. i proceedings acquired, the claims of the persons entitled to such on claims for interests shall, so far as practicable, and so far as not tio^^n'^^*' agreed and if the acquiring authority so desire, be heard respect of and determined by the same official arbitrator, and the interests in Reference Committee may make rules providing that land^^™^ such claims shall be heard together, but the value of the several interests in the land having a market value shall be separately assessed. 5. (1.) Where the acquiring authority has made an Provisions as unconditional offer in writing of any sum as compensation *° costs. to any claimant and the sum awarded by an official arbitrator to that claimant does not exceed the sum offered, the official arbitrator shall, unless for special reasons he thinks proper not to do so, order the claimant to bear his own costs and to pay the costs of the acquiring authority so far as such costs were incurred after the offer was made. (2.) If the official arbitrator is satisfied that a claimant has failed to deliver to the acquiring authority a notice in writing of the amount claimed by him giving sufficient particulars and in sufficient time to enable the acquiring authority to make a proper offer, the foregoing provisions of this section shall apply as if an unconditional offer had been made by the acquiring authority at the time when in the opinion of the official arbitrator sufficient particulars should have been furnished and the claimant had been awarded a sum not exceeding the amount of such offer. The notice of claim shall state the exact nature of the interest in respect of which compensation is claimed, and give details of the compensation claimed, distinguishing 600 APPENDIX I 5. the amounts under separate heads and showing how the amount claimed under each head is calculated, and when such a notice of claim has been delivered the acquiring authority may, at any time within six weeks after the delivery thereof, withdraw any notice to treat which has been served on the claimant or on any other person interested in the land authorised to be acquired, but shall be liable to pay compensation to any such claimant or other person for any loss or expenses occa- sioned by the notice to treat having been given to him and withdrawn, and the amount of such compensation shall, in default of agreement, be determined by an official arbitrator. (3.) Where a claimant has made an unconditional offer in writing to accept any sum as compensation and has complied with the provisions of the last preceding subsection, and the sum awarded is equal to or exceeds that sum, the official arbitrator shall, unless for special reasons he thinks proper not to do so, order the acquiring authority to bear their own costs and to pay the costs of the claimant so far as such costs were incurred after the offer was made. (4.) Subject as aforesaid, the costs of an arbitration under this Act shall be in the discretion of the official arbitrator who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and the official arbitrator may in any case disallow the cost of counsel. (5.) An official arbitrator may himself tax the amount of costs ordered to be paid, or may direct in what manner they are to be taxed. (6.) Where an official arbitrator orders the claimant to pay the costs, or any part of the costs, of the acquiring authority, the acquiring authority may deduct the amount so payable by the claimant from the amount of compensation payable to him. (7.) Without prejudice to any other method of recovery. ACQUISITION OF LAND 501 the amount of costs ordered to be paid by a claimant, S. 5. or such part thereof as is not covered by such deduction as aforesaid shall be recoverable from him by the acquiring authority summarily as a civil debt. (8.) For the purpose of this section, costs include any fees, charges, and expenses of the arbitration or award. 6. ( 1 . ) The decision of an official arbitrator upon any Finality of question of fact, shall be final and binding on the parties, ^^^^^ ^"^ ^ ' o x- 5 statement of and the persons claiming under them respectively, but special cases. the official arbitrator may, and shall, if the High Court so directs, state at any stage of the proceedings, in the form of a special case for the opinion of the High Court, any question of law arising in the course of the proceedings, and may state his award as to the whole or part thereof in the form of a special case for the opinion of the High Court. (2.) The decision of the High Court upon any case so stated shall be final and conclusive, and shall not be subject to appeal to any other court. 7. (1.) The provisions of the Act or order by which Effect of the land is authorised to be acquired, or of any Act ^^^ ^^ ^ • ^ existing incorporated therewith, shall, in relation to the matters enactments, dealt with in this Act, have effect subject to this Act, and so far as inconsistent with this Act those provisions shall cease to have or shall not have effect : Provided that nothing in this Act relating to the rules for assessing compensation shall affect any special provisions as to the assessment of the value of land acquired for the purposes of Part I or Part II of the 53 & 54 vict. Housing of the Working Classes Act, 1890, or under the e^^yceo 5, Defence of the Realm (Acquisition of Land) Act, 1916, c. 63. and contained in those Acts respectively, or any Act amending those Acts, if and so far as the provisions in those Acts are inconsistent with the rules under this Act and the provisions of the Second Schedule to the Housing of the Working Classes Act, 1890 as amended 502 APPENDIX I S. 7. 8 Edw. 7. c. 36. by any subsequent enactment (except paragraphs (4), (5), (29), and (31) thereof) shall apply to an official arbitrator as they apply to an arbitrator appointed under that schedule, and an official arbitrator may exercise all the powers conferred by those provisions on such arbitrator. (2.) The provisions of this Act shall apply to the determination of the amount of rent or compensation payable in respect of land authorised to be hired com- pulsorily under the Small Holdings and Allotments Act, 1908, or any Act amending that Act, and any matter required thereby to be determined by a valuer appointed by the Board of Agriculture and Fisheries shall be de- termined by an official arbitrator in accordance with this Act, Power to refer to Com- missioners of Inland Revenue or to agreed arbitrator. 8. (1.) Nothing in this Act shall prevent, if the parties so agree, the reference of any question as to disputed compensation or apportionment of rent to the Com- missioners of Inland Revenue or to an arbitrator agreed on between the parties. (2.) Where a question is so referred to the Com- missioners of Inland Revenue, the Commissioners shall not proceed by arbitration, but shall cause an assessment to be made in accordance with the rules for the assess- ment of compensation under this Act, and the following provisions shall have effect : — (a) The parties shall comply with any direction or requirements as to the furnishing of information (whether orally or in writing) and the production of documents and otherwise ; (6) Any officer of the Commissioners appointed for the purpose shall be entitled to enter on and inspect any land which is subject to the reference to them ; (c) The Commissioners, if either party so desires within such time as the Commissioners may allow, shall give the parties an opportunity of being heard ACQUISITION OF LAND 503 before such officer of the valuation office of the S. 8. Commissioners as the Commissioners may appoint for the purpose ; (d) The assessment when made shall be published to the parties and take effect as if it were an award of an official arbitrator under this Act ; (e) if either party refuses or neglects to comply with any direction or requirement of the Commissioners, the Commissioners may decline to proceed with the matter, and in that case the question shall be referred to an official arbitrator as if there had been no reference to the Commissioners, and the official arbitrator when awarding costs shall take into con- sideration any report of the Commissioners as to the refusal or neglect which rendered such a reference to him necessary. (3.) Where a question is referred to an arbitrator under subsection (1) of this section, the provisions of this Act, except sections one and four and so much of section three as requires proceedings to be in public and as provides for the fixing of fees, shall apply as if the arbitrator was an official arbitrator. (4.) Either party to a claim for compensation may require the Commissioners for Inland Revenue to assess the value of the land in respect of which the claim arises, and a copy of any such assessment shall be sent forth- with by the Commissioners to the other party, and a certified copy of such assessment shall be admissible in evidence of that value in proceedings before the official arbitrator, and the officer who made the assessment shall attend, if the official arbitrator so require, to answer such questions as the official arbitrator may think fit to put to him thereon. 9. An official arbitrator may on the application of Certificates any person certify the value of land being sold by him official to a Government department or public or local authority, arbitrators. 504 APPENDIX I S. 9. and the sale of the land to the department or authority at the price so certified shall be deemed to be a sale at the best price that can reasonably be obtained. Saving for 10. (1.) The provisions of this Act shall not apply purchases of to any purchase of the whole or any part of any statutory statutory undertaking under any statutory provisions in that under- . . takings. behalf prescribing the terms on which the j^urchase is to be effected. (2.) For the purposes of this section, the expression " statutory undertaking " means an undertaking es- tablished by Act of Parliament or order having the force of an Act, and the expression " statutory pro- visions " includes the provisions of an order having the force of an Act. Application to Scotland and Ireland. 1 & 2 Geo. 6. c. 49. 8 Edw. 7. c. 64. 11. (1.) This Act shall apply to Scotland subject to the following modifications : — {a) The provisions of this Act other than the pro- visions of the section thereof relating to rules for the assessment of compensation shall apply to the determination of any question which, under subsection (11) of section seven or section seventeen of the Small Landholders (Scotland) Act, 1911, is referred to arbitration, as if the Board of Agriculture for Scotland were the acquiring authority, and as if in the said subsection (11) there were substituted for the Lord Ordinary on the Bills and the Lord Ordinary, except where the Lord Ordinary is therein last referred to, such person as may be prescribed by rules made by the Reference Committee for Scotland ; and the provisions of that Act, including the Second Schedule to the Agricultural Holdirigs (Scotland) Act, 1908, as thereby applied, shall in relation to such determination have effect subject to the aforesaid provisions of this Act : (6) " High Court *' means either division of the Court ACQUISITION OF LAND 505 of Session; "arbitrator" means arbiter, and S. u. " easement " means servitude. (2.) This Act shall apply to Ireland subject to the following modifications : — Nothing in this Act shall affect the determination of the price or compensation to be paid on the compul- sory acquisition of land by the Irish Land Com- mission or Congested Districts Board for Ireland under any statute or the special provisions contained in the Labourers (Ireland) Act, 1885, and the enact- 48 & 49 Vict, ments amending the same, vvith respect to the ^* "* jurisdiction of the Irish Land Commission in cases where land is taken compulsorily under those pro- visions for a term of years. 12. (1.) This Act may be cited as the Acquisition o£ Short title. Land (Assessment of Compensation) Act, 1919, and shall ^^Hnd^' come into operation on the first day of September nine- interpreta- teen hundred and nineteen, but shall not apply to the determination of any question where before that date the appointment of an arbitration, valuation, or other tribunal to determine the question has been completed, or a jury has been empanelled for the purpose. (2.) For the purposes of this Act, the expression " land " includes water and any interests in land or water and any easement or right in, to, or over land or water, and " public authority " means any body of persons, not trading for profit, authorised by or under any Act to carry on a railway, canal, dock, water or other public undertaking. 506 APPENDIX I Statutory Rules and Orders, 1919. No. 1 ,836 lTso Short title. Interpreta- tion. Application for selection of official arbitrator. LAND, ACQUISITION OF, ENGLAND ASSESSMENT OF COMPENSATION The Acquisition of Land {Assessment of Compensation) Rules, 1919, dated 2nd December 1919, made by the Reference Committee for England and Wales under the Acquisition of Land {Assessment of Compensation) Act, 1919 (9 & 10 Geo. 5. c. 57). In pursuance of the Acquisition of Land (Assessment of Compensation) Act, 1919, the Reference Committee for England and Wales constituted under that Act hereby make the following rules : — 1. These rules may be cited as the Acquisition of Land (Assessment of Compensation) Rules, 1919. 2. (1.) In these rules, unless the context otherwise requires : — The expression " the Act " means the Acquisition of Land (Assessment of Compensation) Act, 1919 ; The expression " arbitrator " means an official arbitrator ; The expression " question " means any question of disputed compensation, or any question of the apportionment of a rent, which is to be referred to and determined by arbitration in manner provided by the Act. (2.) The Interpretation Act, 1889, applies for the pur- pose of the interpretation of these rules as it applies for the purpose of the interpretation of an Act of Parliament. 3. (1.) Where any question has arisen either the acquiring authority or the claimant may at any time after the expiration of fourteen days from the date on which the notice to treat was served send to the Reference Committee an application for the selection of an arbitrator. (2.) The acquiring authority or the claimant, as the case may be, shall, immediately after sending the appli- cation to the Reference Committee, send notice of the fact to the claimant or the acquiring authority, as the case may be, together with a copy of the application. ACQUISITION OF LAND 507 (3.) An application for the selection of an arbitrator Rules, shall be in the form set out in the schedule to these rules or in a form to the like effect. 4. (1.) The Reference Committee, on receiving a valid Selection of application for the selection of an arbitrator, shall, as °^^!*^\ soon as may be, proceed to select from the panel an arbitrator to deal with the case. (2.) The Reference Committee shall, as soon as they have selected the arbitrator, inform the acquiring authority and the claimant of the name and address of the person so selected. 5. (1.) The arbitrator selected shall, as soon as may be, Considera- proceed with the determination of the question in dispute, questions and shall arrange with the acquiring authority and the by official claimant the time and place of the hearing. arbitrator. (2.) The Reference Committee shall send to the arbi- trator selected a copy of the application for the appoint- ment of an arbitrator, and the acquiring authority and the claimant shall furnish to the arbitrator on his request any document or other information which it is in their or his power to furnish and which the arbitrator may require for the purpose of considering and determining the case. (3.) Subject to the provisions of the Act and of these rules the proceedings before an arbitrator shall be such as the arbitrator, subject to any special directions of the Reference Committee, may in his discretion think fit. 6. The Reference Committee may, in the case of the Power to death or the incapacity of the arbitrator originally select selected, or if it is shown to the committee that it is official expedient so to do, in any other case, at any time before arbitrator, the arbitrator has made his award, revoke the reference of the question to the selected arbitrator and select another arbitrator for the purpose of determining the question. 7. (1.) Where notices to treat have been served for Consolida- the acquisition of the several interests in the land to be *}°|^g acquired and questions as to the amount of compensation relating to have arisen in the case of any two or more of those peverai interests the acquiring authority may, subject as herein- ^^e same^" after provided, either on making the application for the land, selection of an arbitrator to hear the claims or at any time thereafter make an application to the Reference Committee to have the same person selected as the 508 APPENDIX I Rules. arbitrator to hear and determine all the claims to which the application relates : Provided that no such application shall be made as respects a claim if an arbitrator has already entered on the consideration of the claim. (2.) On receiving an application under this rule the Reference Committee shall select the same person to act as arbitrator in respect of all the claims to which the application relates, and so far as necessary for that purpose may revoke any selection previously made. (3.) An application under this rule shall be in the form set out in the schedule to these rules or in a form to the like effect. (4.) Where the same person has been selected under this rule to act as arbitrator in respect of two or more claims the dcquiring authority may at any time after he has been so selected apply to him for an order that all the claims shall be heard together. (5.) Notice of intention to apply to the arbitrator for such an order as aforesaid shall be sent to each claimant and the notice shall specify the date on which and the place at which the arbitrator will hear any objection which may be made to the application. (6.) If any claimant objects to have his claim heard together with the other claims he shall within seven days after the receipt of the notice aforesaid send notice of his objection to the acquiring authority and the arbitrator. (7.) Where the acquiring authority apply for an order under this rule the arbitrator after taking into considera- tion any objection made to the application shall make such order in the matter as he thinks proper having regard to all the circumstances of the case. (8.) On an application for an order under this rule an order for consolidation may be made if the arbitrator thinks fit with respect to some only of the claims, and the order may in any case be made subject to such special directions as to costs, witnesses, method of pro- cedure, and otherwise as the arbitrator thinks proper. 8. (1.) If the fees prescribed by the Treasury in pur- suance of the powers conferred on them by subsection (6) of section o of the Act include a fee in respect of by Treasury, ^n application under these rules or a fee in respect of the hearing before an official arbitrator, the prescribed Provision as to payment of fees prescribed ACQUISITION OF LAND 509 fee shall be collected by means of adhesive stamps affixed Rules, to or stamps impressed on the application and the award of the arbitrator respectively. (2.) Any application under these rules which is not properly stamped in accordance with the foregoing provision shall be treated as invalid, and the award of an official arbitrator shall not be delivered out by him unless and until it has been properly stamped in accord- ance with the said provision. 9. Any notice or other document required or authorised Provision aa to be sent to any person for the purpose of these rules *° sending shall be deemed to be duly sent b}'^ post addressed to that person at his ordinary address, and the address of the Reference Committee shall for this purpose be — J. Johnston, Esq., Secretary to the Reference Committee, Room 174, Royal Courts of Justice, Strand, London, W.C.2. 10. Save as herein otherwise expressly provided, any informali- failure on the part of any authority or any person to *^®^ "°*' comply with the provisions of these rules shall not render to intaUdate the proceedings, or anything done in pursuance thereof, proceedings. invalid, unless the arbitrator so directs. • SCHEDULE A Form of Application for Selection of Official Arbitrator Acquisition of Land (Assessment of Compensation) Act, 1919 Application for Selection of Official Arbitrator. To the Reference Committee. I, being the claimant [or. We being the acquiring authority] specified in the annexed particulars, hereby apply for the selection, pursuant to the above Act, of an official arbitrator to hear and determine the question of which particulars are annexed. ^ Signed Date ' If the application is signed by an agent, add '' by his [or their] agent." 510 APPENDIX I Rules. Particulars Name and address of acquiring authority Name and address of acquiring authority's soUcitor or agent : Name and address of claimant : Name and address of claimant's solicitor or agent : Description of land to be acquired : Situation of land to be acquired : County Parish Nature of question (whether as to amount of compen- sation or apportionment of rent) : Interest in respect of which compensation is claimed : B Form of Application to have same Person appointed AS Arbitrator on Claims in respect op various Interests in same Land. Acquisition of Land (Assessment of Compensation) Act, 1919 Application to have same person appointed as arbitrator on claims in respect of various interests in same land. To the Reference Committee. We, being the acquiring authority in the case of the land specified in the annexed particulars, apply, pur- suant to the rules made under the above Act, to have ACQUISITION OF LAND 511 the same person selected as the official arbitrator to hear Rules. and determine all the claims for compensation made in respect of the several interests in the said land. No official arbitrator has been selected in the case of any of the said claims [or an official arbitrator has already been selected in the case of the claims of the persons numbered in the annex of particulars, namely Mr in the case of No. 1 state the facts]. ' Signed Date 1 If the application is signed by an agent of the appli- cants, add "by their agent." Particulars Name and address of acquiring authority : Name and address of acquiring authority's solicitor or agent : Description of land to be acquired Situation of land to be acquired County Parish Names and addresses of (i) persons Nature of interest, entitled to the several interests in the land, and (ii) their respec- tive solicitors or agents : 1. (i) 1. (ii) (i) (ii) (i) (ii) We, the Reference Committee for England and Wales under the Acquisition of Land (Assessment of 512 APPENDIX i Rales. Compensation) Act, 1919, have made the above rules in pursuance of the powers conferred on us by the said Act. Reading, C.J. Sterndale, M.R. Andrew Young, P.S.I. 2nd December 1919. Statutory Rules and Orders, 1920, No. 285. ACQUISITION OF LAND (ASSESSMENT OF COMPENSATION) FEES RULES, 1920. In pursuance of subsection (6) of section 3 of the Acquisition of Land (Assessment of Compensation) Act, 1919, the Lords Commissioners of His Majesty's Treasury hereby make the following rules : — 1. (1) These rules may be cited as the Acquisition of Land (Assessment of Compensation) Fees Rules, 1920. (2) In these rules the expression " the Act " means the Acquisition of Land (Assessment of Compensation) Act, 1919. 2. On every application for the selection of an arbitrator made in accordance with the rules made under the Act by the Reference Committee there shall be paid the fee of £1. 3. (1) On an award by an official arbitrator under the Act there shall be paid a fee calculated by reference to the amount awarded to the claimant in accordance with the following scale : — Scale of Fees on Awards Amount awarded ' Amount of fte. Not exceeding £200 £5 5s. Exceeding £200 but not £5 5s. with an addition of £1 Is. in respect exceeding £500 of every £50 or part of £50 by which the amount awarded exceeds £200. Exceeding £500 but not £11 lis. with an addition of £1 Is. in respect exceeding £1,000 of every £100 or part of £100 by which the amount awarded exceeds £500. Exceeding £1,000 £1G 16s. with an addition of £1 Is. in respect of every £200 or part of £200 by which the amount awarded exceeds £1,000, but not exceeding in any case £105. (2) In addition to the fee payable under the scale aforesaid, there shall, where the hearing before the ACQUISITION OF LAND 513 arbitrator in respect of any claim or matter referred to Fees. him occupies more than one day, be paid for each day or part of a day after tlie first day a further fee on the following scale : — Amount awarded. Amount of fee. Not exceeding £500 ...... Exceeding £500 and not exceeding £5,000 . Exceeding £5,000 and not exceeding £20,000 Exceeding £20,000 £ s. 5 5 10 10 21 42 For the purpose of the foregoing provision any time spent by the arbitrator in viewing any land which is the subject matter of the proceedings before him shall be treated as part of the hearing : A day shall be taken to be a working period of five hours. Dated 24th February 1920. James Parker, J. TowYN Jones, Two of the Lords Commissioners of His Majesty's Treasury. Note. — The fees prescribed in the above scale are in addition to the stamp duty charged on awards by the Stamp Act, 1821. Statutory Rules and Orders, 1920, No. 690 THE ACQUISITION OF LAND (ASSESSMENT OF COMPENSATION) FEES (NO. 2) RULES, 1920, dated 5th May 1920, made by the Treasury under Section 3 (6) of the Acquisition of Land (Assessment of Compensation) Act, 1919. In pursuance of subsection (6) of section 3 of the Acquisition of Land (Assessment of Compensation) Act, 1919, the Lords Commissioners of His Majesty's Treasury hereby make the following rule : — 1. (i) These rules may be cited as the Acquisition of Land (Assessment of Compensation) Fees (No. 2) Rules, 1920. 33 514 APPENDIX I Fees. (ii) In these rules, the expression " original rules " means the Acquisition of Land (Assessment of Com- pensation) Fees Rules, 1920. (iii) In these rules, the expression " the Act " means the Acquisition of Land (Assessment of Com- pensation) Act, 1919. 2. Where the award of an official arbitrator under the Act is an award in terms of rent or other annual pay- ment, the following scales of fees marked A and B shall be substituted for the scales set forth in rule 3 (1) and rule 3 (2) respectively of the original rules : — Amount awarded. Amount of fee. Not exceeding £10 per annum Exceeding £10 per annum but not ex- ceeding £25 per annum Exceeding £25 per annum but not ex- ceeding £50 per annum Exceeding £50 per annum A £5 5s, £5 5a. with an addition of £1 Is. in respect of every £2 10s. or part of £2 10s. by which the rent, &c., awarded exceeds £10 per annum. £11 lis. with an addition of £1 Is. in respect of every £5 or part of £5 by which the rent, &c., awarded exceeds £25 per annum. £16 16s. with an addition of £1 Is. in respect of every £10 or part of £10 by which the rent, &c., awarded exceeds £50, but not exceeding in any case £105. Not exceeding £25 per £5 5s. annum Exceeding £25 per £10 10s. annum and not ex- ^ ceeding £250 per annum Exceeding £250 per £21. aimum and not ex- ceeding £1,000 per annum Exceeding £1,000 per £42. annum Dated 5th May 1920. James Parker, J. TowYN Jones, Two of the Lords Commissioners of His Majesty's Treasury. ACQUISITION OF LAND 515 General Housing Memorandum No. 6 COMPULSORY ACQUISITION OF LAND FOR HOUSING Amendments Introduced by the Housing, Town Planning, &c.. Act, 1919 Extended powers in regard to the compulsory acquisi- tion of land for housing have been conferred by the Housing, Town Planning, &c.. Act, 1919. (1) Section 12 of the Act authorises a local authority to acquire houses, together with the lands occupied with such houses. (2) Section 10 gives them power to enter on land compulsorily acquired at any time after notice to treat has been served, after giving fourteen days' notice to the owner and occupier. (3) Section 11 (1) withdraws the special procedure previously required in connection with the compulsory acquisition of land situate in London or in a borough or urban district, where objection is raised to the acquisition. (4) Section 11 (2) prescribes that the Minstry shall not confirm an order, even if it is unopposed, if they are of opinion that the land is unsuited for the purpose for which it is proposed to be acquired. (5) Section 11 (3) gives the Ministry power to confirm without a public inquiry any order, even if opposed, which is submitted after the date of the passing of the Act (31st July 1919) and within two years from that date. Amendments in Procedure Compulsory Purchase Orders In order to expedite progress with housing schemes, the Ministry of Health have decided to amend the Form of Compulsory Purchase Order, 1911, so as to shorten the procedure which local authorities have hitherto been required to adopt under that Order in submitting proposals for the compulsory acquisition of land for housing. 516 APPENDIX I G.H.M. 6. The changes which have been made are as follows Former Procedure (1) Advertisement The first of the two advertise- ments prescribed by the Order must be published not later than the tenth day after the making of the compulsory pur- chase order. (2) Deposit of Plan The plan must be deposited not later than the tenth day from the making of the order and must be kept deposited not less than 07ie month from the date of the publication of the second and last advertisement. (3) Service of Notice Notice of the order must be served on the owners, lessees and occupiers not later than the tenth day after the making of the order. (4) Objections Objections must be presented within one month from the date of the publication of the second and last advertisement. Procedure now to be Adopted (1) The first of the two advertisements prescribed by the Order must be published not later than the seveyith day after the making of the com- pulsory purchase order. (2) The plan must be deposit- ed not later than the seventh day from the making of the order and must be kept de- posited not less than fourteen days from the date of the publication of the first adver- tisement. Notice of the order must be served on the owners, lessees and occupiers not later than the seventh day after the making of the order. Objections must be presented within fourteen days from the date of the publication of the first advertisement. Amendments as to Assessment of Compensation The Acquisition of Land Act, which has now received the Royal Assent, provides that any question of disputed compensation in respect of land compulsorily acquired for public purposes, shall be determined by an official arbitrator. The Act prescribes the method of appoint- ment of arbitrators, the basis on which the arbitrator is to proceed in assessing compensation and the procedure to be adopted. Section 12 provides that the Act shall come into operation on the 1st of September 1919, but shall not apply to the determination of any question where the appointment of an arbitrator has been completed before that date. Steps to be taken by the Local Authority in connection with Compulsory Acquisition of Land or Houses 1. Making of the Order. An order should be prepared in the form prescribed in the regulations and, on the ACQUISITION OF LAND 517 authority of the council or the housing committee, G.H.M. 6. the order should be sealed with the council's seal. ^ 2. Service of Notice. Notice of the order must be served on the owners, lessees and occupiers, as described in the regulations, not later than the seventh day after the making of the order. The notice must include a copy of the order, to which must be appended a notice that any objections must be made to the Ministry of Health within jourteen days from the date of the first advertisement, and a statement of the period, time and place during and at which the deposited plan may be inspected. 3. Deposit of Plan. The plan referred to in the schedule to the order must be deposited not later than the seventh day from the making of the order, and must be kept deposited not less than fourteen days from the date of the publication of the fii'st advertisement. The plan must be deposited at a convenient place, must be open for inspection by persons interested or afiPected at all reasonable hours, without fee, and the local authority must arrange to provide any necessary expla- nation. 4. Advertisement. The order must be advertised twice, in two successive weeks, in one or more of the local newspapers. The advertisements must be headed " First Advertisement " and " Second and Last Advertisement," respectively. The first advertisement must be published not later than the seventh day after the making of the order. The advertisement must contain, in addition to a copy of the order, a notice stating that any objections must be sent to the Ministry of Health within fourteen days after the publication of the first advertisement, and a statement of the period, time and places during and at which the deposited plan may be inspected. 5. Objections. Before submitting the order to the Ministry for confirmation, the local authority must allow a period of fourteen days from the date of the first advertisement to elapse, during which objections may be made to the Ministry by persons interested. 6. Suhmission for Co7ifirmation. After making and advertising the order, depositing the plan, giving notice to the owners, lessees and occupiers, and allowing the period for the submission of objections to elapse, the 518 APPENDIX I G.H.M. 6. local authority should forthwith submit the order to the Ministry for confirmation. The Ministry should be furnished with the following documents and par- ticulars ; — (a) The original order sealed by the council, and a copy thereof. (b) A copy of each of the newspapers in which the advertisements were inserted. (c) A definite statement that the plan was deposited for the period prescribed. (d) A copy of the plan deposited. (e) A definite statement that notice was given to the owners, lessees and occupiers. (/) A copy of the notice and a statement showing the names of all owners, lessees and occupiers, and the manner and date of service in each case. (g) A formal application by resolution of the council or of the housing committee for the Ministry's confirmation of the order. 7. Confirmation. For a period of two years from the 31st July 1919, it will be within the discretion of the Ministry to determine whether a public inquiry shall be held into the proposals of the local authority for the compulsory acquisition. If it is held, it will be held by a representative of the Ministry. The Ministry will not confirm an order, if they are of opinion that the land is unsuited for the purpose for which it is sought to be acquired. 8. Notice after Confirmation. Upon receipt of informa- tion that the Ministry have confirmed the order, the local authority must serve a copy of the compulsory order as confirmed on every owner, lessee and occupier as soon as practicable, and they should give notice to treat and inform the Ministry that this has been done. 9. Provision of Copies. The local authority must furnish a copy of the order free of charge to any person interested in the land who applies for one, and must furnish a copy of the plan to any such person for the reasonable cost of preparing the same. 10. Powers of entry after notice of treat has been given. The local authority may enter on the land when an order has been made and confirmed, after giving fourteen ACQUISITION OF LAND 519 days' notice to the owner and occupier, without awaiting G.h.m. the result of the assessment of compensation. A further memorandum will be issued shortly ex- plaining the procedure under the Acquisition of Land Act. Ministry of Health, Whitehall, S.W. 1. September 1919. General Housing Memorandum No. 11 COMPULSORY ACQUISITION OF LAND FOR HOUSING Introduction 1. In view of the time occupied and the costs incurred in purchasing land by compulsory powers, an order should not be made until careful consideration has been given to the possibility of obtaining an alternative site. This is particularly the case in rural areas where the cost incurred in acquiring the land compulsorily may be disproportionate to the value of the land. 2. Where an alternative site is not available and nego- tiations for the purchase have proved abortive, a com- pulsory order may be made subject to the provisions of paragraph 3, but it should be borne in mind that the service of the order does not preclude the possibility of coming to an agreement. (See paragraph 2 of Notice to Treat.) 3. Before confirming an order, the Minister is required (a) to satisfy himself that the site to which the proposed order relates is not unsuited for the purpose for which it is proposed to be acquired ; (b) to consider any objections which may be made to the order, and, when necessary, to cause a public enquiry to be held ; (c) to satisfy himself that the land can be acquired at a reasonable price ; and he desires, therefore, to be informed at the earliest practicable date of the intention of a local authority to make a compulsory purchase order. Cases in which local authorities will find such orders necessary will, nq doubt, fall into one of two classes : — - 520 APPENDIX I G.H.M. 11. (i) Where the owner is unwilUng to sell the land at any price, (ii) Where the owner is willing to sell, but no agree- ment can be reached as to price. In such cases, the local authority will, no doubt, in accordance with the usual procedure, have placed negotiations in the hands of the Inland Revenue Valuer, and the compulsory purchase order will be proposed because his negotiations have failed. Where the local authority is in a position to begin building at an early date, negotiations should not be unduly prolonged. After any such case has been in the hands of the District Valuer for, say, one month, the council should request him to report the position of the negotiations, and if there is no reasonable possibility of an immediate agreement the question of adopting compulsory powers should be considered. The District Valuer should be informed, however, immediately it is decided to make an order. 4. It is suggested that at the earliest stage practicable a letter should be sent to the Commissioner notifying him of the intention of the council to make a compulsory purchase order, and that a copy of this letter should be sent to the Ministry for information. The letter should state the name and area of the site, and should be accompanied by a report from the District Valuer as to the conduct of the negotiations, and stating the price asked by the owner and any offer made by the valuer with a view to settlement ; if practicable, a copy of the draft order and of the plan of the site should also be enclosed. Procedure in connection with making of Order AND Application for Confirmation 5. {a) Information as to the steps to be taken at this stage is contained in General Housing Memorandum No. 6, to which reference should be made. (6) The Minister desires that the cost of making the compulsory order should be kept to the lowest possible figure. (c) It will be desirable in suitable cases to intimate (by a letter sent to the owner when the compulsory ACQUISITION OF LAND 521 order is forwarded) that the service of the order is made g.h.m. 11. primarily to ensure early entry upon the land, and does not preclude negotiations with a view to settlement, and that if the owner desires to proceed with this end in view he should communicate with the District Valuer, Procedure subsequent to the Confirmation of the Order 6. The following procedure should be adopted after the Compulsory Purchase Order has been con- firmed : — (i) Copies of the confirmed order will be sent by the Ministry to the local authority, and, under the Housing Acts (Compulsory Purchase) Regula- tions, 1919, the local authority are required to serve a copy on every owner, lessee and occupier of the land to which the compulsory order relates. This should be done forthwith. The local authority should at the same time serve notice to treat, and also {see section 10 (1) of the Housing, Town Planning, &c., Act, 1919) notice of their intention to enter on, and take possession of the land after the expiration of not less than fourteen days after the notice to treat has been served. It is suggested that the copy of the confirmed order, the notice to treat and the notice of intention to enter should be served at the same time. Copies of a draft notice to treat, and notice of intention to enter, which might be used in this connection, are appended to this memorandum. If immediate entry is desired, care should be taken to give the tenant notice under Section 10 (2) of the Housing, and Town Planning Act, 1919, at the proper time. In cases where agreement has been or can be come to with the tenant he need not be served with a notice to treat, (ii) The local authority should wait a reasonable period (twenty-one days is suggested) for the receipt of a claim. If this is received, a copy 522 APPENDIX I G.H.M. 11. should be forwarded to the Ministry, and if no claim is received this fact should be re- ported after the expiration of the stated period, (iii) The Ministry will in due course inform the local authority if they consider it desirable that an unconditional offer should now be made, and, if so, will inform them of the amount they are prepared to endorse, and in such case such an offer should immediately be made. It will be seen that under Section 5 of the Acquisition of Land (Assessment of Compensation) Act, 1919, the making of an unconditional offer, in writing, by the acquiring authority has a material bearing on the question of costs, (iv) If the unconditional offer is refused, the local authority should take steps to have an arbitrator appointed under the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919. The arbitrator will be selected in accordance with the rules made by the reference committee under the Act, which, it is anticipated, will be issued very shortly, (v) The arbitration will be conducted under rules to be made by the reference committee, but in all cases the Ministry will expect that the District Valuer should give evidence before the referee. 7. In normal circumstances the matter should be referred to the ofl&cial Arbitrator defined by Section 1 of the Acquisition of Land (Assessment of Compensation) Act, 1919, but no objection will be taken by the Ministry to the case being heard by an agreed arbitrator under section 8 (1). 8. In cases where the Inland Revenue Valuer has not already valued or conducted negotiations on behalf of the local authority, the latter, if they so desire, may, when serving notice to treat, and without waiting for a claim, ask the owner whether he is prepared to accept an assessment by the Commissioner of Inland Revenue under section 8 (1). If he agrees, a joint submission should be agreed and sent to the Secretary, Land Values, Commissioners of Inland Revenue, Somerset House, w.a2, ACQUISITION OF LAND 523 If the owner refuses the procedure will be as laid down G.HM. ii. in a above THE HOUSING ACTS, 1890 TO 1919 NOTICE TO TREAT Whereas by an Order made on the day of 19 , by the Council, and confirmed on the day of 19 by the Minister of Health the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement were, subject as therein mentioned, put in force as respects the purchase by the council of the hereditaments described in the schedule hereto : — Now the council hereby give you notice 1. That they require to purchase and take for the pur- poses and under the provisions of the Housing Acts 1890 to 1919 and of the Acts incorporated therewith the hereditaments mentioned and described in the schedule hereunder written and delineated on the plan attached hereto and therein coloured and which said hereditaments the council are by the said Acts authorised to purchase and take. 2. That they are willing to treat with you and every of you for the purchase of the hereditaments so required as aforesaid, and as to the compensation to be made to you and every of you for the damage that may be sus- tained by you and every of you by reason of the execution of the works authorised by the said Acts. 3. And the council hereby demand from you and each and every of you the particulars of your respective estates and interests in the hereditaments so required as aforesaid together with all charges and interests to which the same are subject and of the claims made by you and each of you in respect thereof which several particulars should be stated in the accompanying form of claim and delivered to the at 4. And the council hereby further give you notice that if for 21 days after the service hereof you shall fail to state the particulars of your respective claims in respect of the said hereditaments so required or to treat with the council in respect thereof, or if you or any o^ 524 APPENDIX I G.H.M. 11. you respectively and the council shall not agree as to the amount of compensation to be paid by the council for or in respect of your respective interests in the said hereditaments so required or the interests therein which you respectively are by the said Acts, or the Acts in- corporated therewith, enabled to sell, or for any damage that may be sustained by you respectively as afore- said the council will forthwith proceed to require the amount of such compensation to be settled in manner directed by the Acquisition of Land (Assessment of Compensation) Act, 1919, for settling cases of disputed compensation. 5. And the council in case you, having a greater interest therein than as tenant at will, claim compensation in respect of any unexpired term or interest under any lease or grant of the hereditaments so required as afore- said, hereby requires you to produce the lease or grant in respect of which such claim is made or the best evidence thereof in your power. Dated this day of 19 . On behalf of the Town Clerk. Clerk to the Council. (Address of the offices of the Council). To of and to all persons having or claiming any estate or interest in the said here- ditaments. The Schedule above referred to. Claim by Owner for Compensation from the Council THE HOUSING ACTS, 1890 TO 1919 FORM OF CLAIM To be sent in within 21 days from receipt of Notice to Treat to the Schedule of claim to be filled in and signed by Owners and Lessees of Property, or their Solicitors, required by the under powers contained in the above Acts and the Acts of Parliament therewith incorporated. [ ACQUISITION OF LAND 625 Name, address and description of claimant. Description of Property (whether land, house, or other property, and by what name known and short description from Notice to Treat). Nature of Interest. If Freehold state whether Tenant in Fee, in tail or for life. If Copyhold, state name of Manor, names and addresses of Lord and Steward, and full particulars as to rents, services, etc. If Leasehold, then for what tenn or number of years, of whom held, at what rent, and whether as Sub-Lessee or direct from the owner, and generally state all charges and incumbrances affecting such respective estates, whether as Owner, Lessee or Sub- Lessee. Particulars of claim , and in such particu- lars distin- guish the amount claim- ed for the value of the land from the amount claim- ed for damage and the num- bers on the plan in respect of which the claim is made. Date and other short particulars of Docu- ments of Title. G.H.M. 11. Names of persons having custody of docu- ments and place or places where same may be inspected. Mr. of is the agent appointed by me to treat for the sale of the property to which this claim relates and Messrs. of will act as my Solicitors. Dated this day of 19 . {Signature of Claimant). THE HOUSING ACTS, 1890 TO 1919 NOTICE OF ENTRY To of day of Council, and 19 . by Whereas by an Order made on the 19 , by the confirmed on the day of the Minister of Health the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement were, subject as therein mentioned, put in force as respects the purchase by the Council of the property described in the Schedule hereto : And Whereas Notice to Treat for the said property has been served upon you : Now Therefore The Council in exercise of the power conferred upon them by sub-section (1) of Section 10 of the Housing, Town Planning, &c., Act, 1919, Hereby Give You Notice that they will upon the expiration 526 APPENDIX I G.H.M. 11. of fourteen days from the service of this Notice upon you, enter on and take possession of the said property. The Schedule above referred to. Dated this day of 19 . On behalf of the Town Clerk. Clerk to the Council. Statutory Rules and Orders, 1919, No. 1175 HOUSING OF THE WORKING CLASSES, ENGLAND acquisition of lands The Housing Acts [Compulsory Purchase) Regulations, 1919. Dated 29th August 1919.^ 65,408 The Minister of Health, in pursuance of the powers conferred on Him by the First Schedule to the Housing, Town Planning, &c., Act, 1909, and of all other powers enabling Him in that behalf, hereby makes the following Regulations : — Article I — These Regulations may be cited as " the Housing Acts (Compulsory Purchase) Regulations, 1919." Article II — The Housing, &c. (Form of Compulsory Purchase Order, &c.) Order, 1911, made by the Local Government Board on the 14th day of June 1911, is hereby revoked, except so far as it relates to any Com- pulsory Order made thereunder before the date of these Regulations. Article III — An Order made by a Local Authority under the First Schedule to the Housing, Town Planning, &c., Act, 1909 (herein-after referred to as " the Com- pulsory Order "), shall be in the Form set forth in the Schedule hereto, or in a Form substantially to the like effect. Article IV — (1) Before submitting the Compulsory Order to the Minister of Health for confirmation, the Local Authority shall cause the same to be published by advertisement in two successive weeks in one or more of the local newspapers circulating in the District of the *■ ^ See the additions by the two documents next following. ACQUISITION OF LAND 527 Local Authority and in the Parish or Parishes in which the land to which the Compulsory Order relates is situated. (2) The advertisements shall be headed respectively " First Advertisement " and '" Second and Last Adver- tisement," and the first of the said advertisements shall be published not later than the seventh day after the making of the Compulsory Order. (3) Each of the said advertisements shall contain in addition to a copy of the Compulsory Order a notice setting out the following particulars : — (a) a statement that any objection to the Compulsory Order must be presented to the Minister of Health within the period of fourteen days from and after the date of the publication of the first advertisement ; and (6) a statement of the period, times, and place or places during and at which the deposited plan referred to in the Schedule to the Compulsory Order may be inspected by or on behalf of any person interested in the land to which the Com- pulsory Order relates. (4) The plan referred to in the Schedule to the Com- pulsory Order shall be deposited by the Local Authority not later than the seventh day after the making of the Compulsory Order at a place convenient for the purposes of inspection, and shall be kept deposited thereat for a period not being less than fourteen days from the date of the publication of the first advertisement ; and the said plan shall be open for inspection by any person interested or affected, without payment of any fee, at all reasonable hours on any weekday during the said period. The Local Authority shall also make suitable provision for affording to any such person inspecting the said plan any necessary explanation or information in regard thereto. Article V — (1) The Local Authority shall, not later than the seventh day after the making of the Compulsory Order, cause notice thereof to be given to every owner, lessee, and occupier of the land to which the Compulsory Order relates, and every such notice shall include a copy of the Compulsory Order, to which shall be appended a notice containing the particulars mentioned in para- graph (3) of Article IV of these Regulations. (2) The Local Authority shall furnish a copy of the 628 APPENDIX I Compulsory Order, free of charge, to any person interested in the land to which the Compulsory Order relates, upon his applying for the same. Article VI — The period within which an objection to a Compulsory Order may be presented to the Minister of Health by a person interested in the land to which the Compulsory Order relates shall be the period of fourteen days from and after the date of the publication of the first advertisement of the Compulsory Order. Article VII — (1) The Local Authority shall as soon as practicable after the confirmation of the Compulsory Order cause a copy of the Compulsory Order as confirmed to be served on every owner, lessee, and occupier of the land to which the Compulsory Order relates. (2) A copy of the Compulsory Order as confirmed shall be furnished free of charge by the Local Authority to any person interested in the land authorised to be purchased upon his applying for the same, and a copy of any plan to which reference is made in the Compulsory Order as confirmed shall also be furnished by the Local Authority to any such person upon his applying for such copy and paying the reasonable cost of preparing the same. Article VIII — Every notice or other document which in pursuance of paragraph ( 1 ) of Article V or of paragraph (1) of Article VII of these Regulations is required to be given or served by the Local Authority to or on an owner, lessee, or occupier, shall be served : — (a) by delivery of the same personally to the person required to be served, or, if such person is absent abroad or cannot be found, to his agent ; or (6) by leaving the same at the usual or last known place of abode of such person as aforesaid ; or (c) by post as a registered letter addressed to the ■ usual or last known place of abode of such person ; or {(l) in any case to which the three preceding para- graphs are inapplicable, by affixing the notice or other document upon some conspicuous part of the land to which the notice or document relates ; or (e) in the case of a notice required to be served on a local authority or corporate body or company, by delivering the same to their clerk or secretary or leaving the same at his office with some ACQUISITION OF LAND 529 person employed there, or by post as a registered letter addressed to such clerk or secretary at his office. Article IX — Articles III to VIII of these Regulations shall not apply to any Compulsory Order made before the date hereof. Schedule The Housing Acts, 1890-1919 order for the purpose of the compulsory acquisition OF LANDS The* hereby make the following Order : — 1, The provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement are, subject as herein-after provided, hereby put in force as respects the purchase by the* of the lands described in the Schedule hereto for thef 2. The Lands Clauses Acts (except Section 127 of the Lands Clauses Consolidation Act, 1845), as modified, varied or amended by the First Schedule to the Housing, Town Planning, &c.. Act, 1909, the Housing, Town Planning, &c., Act, 1919, and the Acquisition of Land (Assessment of Compensation) Act, 1919, and Sections 77 to 85 of the Railways Clauses Consolidation Act, 1845, are, subject to the necessary adaptations, incorporated with this Order, and the provisions of those Acts shall apply accordingly. |3, The sums agreed upon or awarded for the purchase of the lands described in the Schedule to this Order, being glebe land or other land belonging to an eccle- siastical benefice, or to be paid by way of compensation for the damage to be sustained by the owner by reason * Here insert title of the Authority making the Order. t Here insert " purposes of Part III of the Housing of the Working Classes Act, 1890," or "purpose of [a town planning scheme] under the Town Planning Acts, 1909 and 1919," as the circumstances require. In the case of a town-planning scheme, the name of the Authority who made the scheme and the date or short title of the scheme should be stated. J Insert this Article where the lands described in the Schedule to the Order include glebe land or other land belonging to an ecclesiastical benefice. 34 530 APPENDIX I of severance or other injury affecting any such land, shall not be paid as directed by the Lands Clauses Acts, but shall be paid to the Ecclesiastical Commissioners to be applied by them as money paid to them upon a sale, under the provisions of the Ecclesiastical Leasing Acts, of land belonging to a benefice. [3.] This Order shall come into operation as from the date of its confirmation by the Minister of Health. The Schedtjle above referred to. Numbers on Plan deposited at the Offices of the* Quantity, Description and Situation of the Lands. Owners or reputed Owners. Lessees or reputed Lessees. Occupiers. Given under the Seal of the* this day of (L.S.) 19 Given under the Official Seal of the Minister of Health, this Twenty-ninth day of August, in the year One thousand nine hundred and nineteen. (l.s.) Charles Knight, Assistant Secretary, Ministry of Health. * Here insert title of the Authority making the Order. ACQUISITION OF LAND 531 Statutory Rules and Orders, 1919, No. 1556 HOUSING OF THE WORKING CLASSES AND TOWN PLANNING, ENGLAND ACQUISITION OF LANDS The Housing Acts {Compulsory Purchase) Amendment Regulations, 1919. Dated 23rd October 1919 ^ 65,605 The Minister of Health, in pursuance of the powers conferred on him by the First Schedule to the Housing, Town Planning, &c.. Act, 1909, and of all other powers enabling him in that behalf, hereby makes the following Regulations : — 1. These Regulations may be cited as " The Housing Acts (Compulsory Purchase) Amendment Regulations, 1919," and shall be read as one with the Housing Acts (Compulsory Purchase) Regulations, 1919, herein-after called the principal Regulations. 2. Where the Minister of Health makes an Order for the compulsory acquisition of land under the powers conferred on him by Section 16 of the Housing, Town Planning, &c.. Act, 1919, for the purpose of securing the immediate provision of dwelling accommodation in the area of any Local Authority, the principal Regulations shall be read and have effect subject to the following modifications : — (a) The following Articles shall be substituted for Articles IV, V, and VI of the principal Regu- lations : — " Article IV — (1) The Minister shall cause the Compulsory Order to be published by advertise- ment in one or more newspapers circulating in the district of the Local Authority and in the parish or parishes in which the land to which the Compulsory Order relates is situated. " (2) The said advertisement shall be published ^ These regulations relate only to the special case of Section IG of the 1919 Act, page 405. 532 APPENDIX I not later than the second day after the making of the Compulsory Order. " (3) The said advertisement shall contain in addition to a copy of the Compulsory Order a notice setting out the following particulars : — " (a) a statement that any objection to the Compulsory Order must be presented to the Minister of Health within the period of seven days from and after the date of the publication of the advertisement ; and " (6) a statement of the period, times, and place or places during and at which the deposited plan referred to in the Schedule to the Compulsory Order may be in- spected by or on behalf of any person interested in the land to which the Compulsory Order relates. " (4) The plan referred to in the Schedule to the Compulsory Order shall be deposited by the Minister not later than the second day after the making of the Compulsory Order at a place convenient for the purposes of inspection, and shall be kept deposited thereat for a period not being less than seven days from the date of the publication of the first advertisement ; and the said plan shall be open for inspection by any person interested or affected, without payment of any fee, at all reasonable hours on any week- day during the said period. The Minister shall also make suitable provision for affording to any such person inspecting the said plan any necessary explanation or information in regard thereto. "Article V— (1) The Minister shall, not later than the second day after the making of the Com- pulsory Order, cause notice thereof to be given to every owner, lessee, and occupier of the land to which the Compulsory Order relates, and every such notice shall include a copy of the Compulsory Order, to which shall be appended a notice containing the particulars mentioned in paragraph (3) of Article IV of these Regulations. " (2) The Minister shall furnish a copy of the ACQUISITION OF LAND 533 Compulsory Order, free of charge, to any person interested in the land to which the Compulsory Order relates, upon his applying for the same. " Article VI — The period within which an ob- jection to a Compulsory Order may be presented to the Minister by a person interested in the land to which the Compulsory Order relates shall be the period of seven days from and after the date of the application of the advertisement of the Compulsory Order." (6) " The Minister" shall be substituted for "the Local Authority " in Articles III and VII of the principal Regulations. 3. Notwithstanding anything in these Regulations, the Minister may in any case to which these Regulations apply direct that the period during which objections may be presented to a Compulsory Order shall be fourteen days in lieu of seven days. 4. These Regulations shall apply in the case of any Compulsory Order made by the Minister after the twenty- third day of October, One thousand nine hundred and nineteen, for the purpose of securing the immediate provision of dwelling accommodation, but without prejudice to any Compulsory Order made by the Minister under the principal Regulations before that date or to any proceedings consequent thereon in the exercise by him in pursuance of Section 16 of the Housing, Town Planning, &c., Act, 1919, of any powers of a Local Authority. Given under the Official Seal of the Minister of Health this Twenty-third day of October, One thousand nine hundred and nineteen. (l.s.) E, R, Forber, Assistant Secretary, Ministry of Health. 534 APPENDIX I Statutory Rules and Orders, 1920, No. 167 HOUSING, ENGLAND ACQUISITION OF LANDS The Housing Acts {Compulsory Purchase) Amendment Regulations, 1920. Dated 6th February 1920. 65,856 The Minister of Health, in pursuance of the powers conferred on him by the First Schedule to the Housing, Town Planning, &c., Act, 1909,^ and of all other powers enabling him in that behalf, hereby makes the following Regulations : — 1. These Regulations may be cited as " The Housing Acts (Compulsory Purchase) Amendment Regulations, 1920," and shall be read as one with the Housing Acts (Compulsory Purchase) Regulations, 1919 * (herein- after called " the principal Regulations "). 2. Article IV of the principal Regulations shall be read and have effect as if the following paragraph was inserted at the end thereof : — " (5) Notwithstanding anything contained in this Article, where the land to which the Compulsory Order relates is situated within a rural district and does not exceed five acres in extent, the said Order shall be deemed to have been sufficiently published if not later than the seventh day after the making of the said Order one copy thereof has been affixed to the land in some conspicuous position and a further copy to a Notice Board outside the offices of the Local Authority, each of the said copies having appended to it a notice setting out the particulars specified in paragraph (3) of this Article, and for this purpose the date on which the said notices are so affixed shall be treated as the date of the publication of the first advertisement." 3. Nothing in these Regulations shall affect any Order made by the Minister of Health under the powers 1 9 E. 7 c. 44. 2 S.R. & O., 1919, No. 1175. ACQUISITION OF LAND 536 conferred on him by Section 16 of the Housing, Town Planning, &c., Act, 1919. Given under the Official Seal of the Minister of Health this Sixth day of February, in the year One thousand nine hundred and twenty. (l.s.) E. R. Forber, Assistant Secretary, Ministry of Health. APPENDIX II PROVISION OF HOUSES RATES OF INTEREST ON LOCAL LOANS {From " The London Gazette," 2nd November 1920) The Lords Commissioners of His Majesty's Treasury hereby give notice, that in pursuance of the powers conferred on them by the PubHc Works Loan Act, 1897 (60 & 61 Vict., c. 51), the PubUc Works Loans Act, 1918 (8 & 9 Geo. 5, c. 27), the Housing, Town Planning, &c.. Act, 1919 (9 & 10 Geo. 5, c. 35), the Housing, Town Planning, &c. (Scotland), Act, 1919(9 & 10 Geo. 5, c. 60), and the Housing (Ireland) Act, 1919 (9 & 10 Geo. 5, c. 45), their Lordships have been pleased to direct by their Minute of the 1st instant that on loans granted out of the Local Loans Fund on and after 1st November 1920 there shall be chargeable in lieu of the rates fixed by the Treasury Minutes of the 30th August 1919 and the 21st November 1919, the following rates of interest, viz : — I — Housing Loans Rate of Interest! Per Cent. (A) Loans in respect of subsidised Housing Schemes : — ( L) Loans to local authorities secured on local rates : Any period ...... 6i (2) Loans to public utility societies as defined by the Housing Acts, 1919 : Not exceeding 50 years .... 6^ In the case of loans under these heads granted since 1st April 1919, at provisional rates of interest, the loans shall be revised where neces- sary, so as to bear interest at the above rates as from the commence- ment of the loan, such rate to be the permanent rate of the loans. (B) Loans in respect of schemes not receiving subsidy under the Housing Acts : — ( 1 ) To companies and private persons limiting their profits to 6|per cent, per annum (subject to LicomeTax): Not exceeding 30 years . . . 6J Not exceeding 40 years . . . 6| (2) To companies and private persons not so limiting their profi ts to 6 J per cent, (subj ect to Income Tax ) : Not exceeding 30 years ... 7 Not exceeding 40 years . . • 7J 536 PROVISION OF HOUSES 537 II — Other Loans Rate of Interest. Per Cent. (/) Loans to local authorities for any purposes of the Small Holdings Acts : — Any period ...... 6^ (//) Other loans secured on local rates : — Not exceeding 30 years . . . 6| Not exceeding 50 years . . . 6| (///) Loans not secured on local rates : — (a) Loans under the Harbour and Passing Tolls Act, 1861 : (i) With collateral security : Not exceeding 30 years ... 6^ Not exceeding 50 years . . . 6f (ii) Without collateral security : Not exceeding 30 years ... 7 Not exceeding 50 years . . . 7J (6) Other loans not secured on local rates (except loans to Territorial Associations, which, under section 6 of the Public Works Loans Act, 1908, bear interest at the rate prescribed for loans on the security of local rates) : Not exceeding 30 years ... 7 Not exceeding 50 years . . • 7^ Statutory Rules and Orders, 1919. No. 2,047 HOUSING OF THE WORKING CLASSES, ENGLAND The Local Authorities {Assisted Housing Schemes) Regu- lations, 1919. Dated 3lst December 1919 65,736 Whereas by subsection (1) of section 7 of the Housing, Town Planning, &c.. Act, 1919, it is enacted that if it appears to the Local Government Board that the carrying out by a local authority, or by a county council to whom the powers of a local authority have been transferred under that Act, of any scheme approved under section 1 of that Act or the carrying out of a re-housing scheme in connection with a scheme made under Part I or Part II of the Housing of the Working Classes Act, 1890, in- cluding the acquisition, clearance and development of land included in the last-mentioned scheme, and whether the re-housing will be effected on the area included in that scheme or elsewhere, has resulted or is likely to result in a loss, the Board shall, if the scheme is carried out within such period after the passing of that Act as may be 638 APPENDIX n Assisted Housing I Schemes Regiilations. specified by the Board with the consent of the Treasury, pay or undertake to pay to the local authority or county council, out of moneys provided by Parliament, such part of the loss as may be determined to be so payable under regulations made by the Board with the approval of the Treasury, subject to such conditions as may be prescribed by those regulations ; And whereas by subsection (2) of the said section 7 it is enacted that such regulations shall provide that the amount of any annual payment to be made under the section shall, in the case of a scheme carried out by a local authority, be determined on the basis of the esti- mated annual loss resulting from the carrying out of any scheme or schemes to which the section applies, subject to the deduction therefrom of a sum not exceeding the estimated annual produce of a rate of one penny in the pound levied in the area chargeable with the expenses of such scheme or schemes. Now, therefore, the Minister of Health, in pursuance of his powers under the recited enactments and under any other statutes in that behaK, hereby makes the following regulations : — Article I — (1.) These regulations may be cited as " The Local Authorities (Assisted Housing Schemes) Regulations, 1919." (2.) The Housing (Assisted Scheme) Regulations, 1919, so far as they are in force at the date of this order, are hereby revoked. Article II — (1.) In these regulations unless the con- trary intention appears : — (a) The expression " the Minister " means the Minister of Health ; (6) The expression " Local Authority " means any local authority referred to in section 7 of the Housing, Town Planning, &c., Act, 1919, and includes a county council to whom the powers of a local authority have been transferred under that Act ; (c) The expression " the Housing Acts " means the Housing Acts, 1890 to 1919 ; (d) The expression "the Act of 1890" means the Housing of the Working Classes Act, 1890 ; (e) The expression " the Act of 1919 " means the Housing, Town Planning, &c., Act, 1919 ; PROVISION OF HOUSES 539 (/) The expression " rate " means the rate out of which Assisted the expenses of the execution of Part III of Housing the Act of 1890 are defrayed ; Reg^ulaTions. {g) The expression " the produce of a rate of one penny in the pound " means the amount certified as such in accordance with the rules set out in Schedule A to these regulations. (2.) The Interpretation Act, 1889, applies to the in- terpretation of these regulations as it appUes to the interpretation of an Act of Parliament. Article III — For the purposes of these regulations — (1.) The schemes towards the losses on which the Minister is liable to contribute under section 7 of the Act of 1919, out of moneys provided by Parliament, shall include : — {a) Any scheme under Part III of the Act of 1890, including any proposals to which subsection (8) of section 1 of the Act of 1919 applies ; and (6) Any re-housing scheme in connection with a scheme under Part I or Part II of the Act of 1890, including the acquisition, clearance and develop- ment of land included in the last-mentioned scheme, and whether the re-housing will be effected on the area included in that scheme or elsewhere ; in so far (in each case) as the scheme is approved by the Minister ; and all such schemes, in so far as they are carried out at the expense of any one local authority, shall be regarded together as one scheme, and, if a pay- ment may be made as herein provided in respect thereof, are hereinafter together referred to as an " assisted scheme." (2.) No such payment shall continue to be made : — (i) In the case of a scheme under Part III of the Act of 1890 unless the Minister is satisfied that reasonable progress has been made with the carrying into effect of the scheme within twelve months from the passing of the Act of 1919, or such further period as the Minister may allow ; (ii) In the case of a scheme under Part I or Part II of the Act of 1890, unless the Minister is satisfied that reasonable progress has been made with the carrying into effect of the scheme within 540 APPENDIX II Assisted Housing Schemes Regulations. four years from the passing of the Act of 1919, or such further period as the Minister may allow ; (iii) In the case of any scheme or part of a scheme under Part III of the Act of 1890, unless such scheme or part of a scheme is carried into effect within three years from the passing of the Act of 1919, or such further period as the Minister may allow ; or (iv) In the case of any scheme or part of a scheme under Part I or Part II of the Act of 1890, unless such scheme or part of a scheme is carried into effect within six years from the passing of the Act of 1919, or such further period as the Minister may allow. (3.) No such payment shall be made : — (i) In respect of the cost of acquiring or clearing a site under Part I or Part II of the Act of 1890 where the site was acquired or cleared (as the case may be) before the 6th day of February 1919 ; or (ii) In respect of any scheme made or carried into effect by the Minister or the county council in default of the local authority, unless the Minister otherwise directs. (4.) In determining whether a further period may be allowed as hereinbefore provided the Minister shall have regard to the supplies of labour and material avail- able from time to time and all other local or general circumstances affecting the carrying into effect of the scheme, and if part only of a scheme has been carried into effect within the periods allowed under paragraphs (iii) and (iv) ot sub-division (2) of this Article, that part of the scheme may, with the approval of the Minister, and subject to the provisions of these regulations, be regarded as the assisted scheme. (5.) A scheme or part of a scheme shall be deemed to have been carried into effect when all the houses to be provided or acquired thereunder are let or available for letting, and also, in the case of a scheme under Part I or Part II of the Act of 1890, when the site or area affected has been cleared to the satisfaction of the Minister. Article IV — (1.) The local authority shall for the pur- poses of an assisted scheme, or a scheme which, in the opinion of the Minister, is likely to become an assisted PROVISION OF HOUSES 541 scheme, keep separate accounts, to be called " The Assisted Housing (Assisted Scheme) Accounts," including a separate Housing revenue account, to be called '' The Housing (Assisted Reg^tions Scheme) Revenue Account." • (2.) They shall cause to be credited to the Housing (Assisted Scheme) Revenue Account in each financial year : — (a) the produce of a rate of one penny in the pound levied in the area chargeable with the expenses of the assisted scheme, or such less amount as may be necessary to meet the deficit for the financial year ; (6) the rents (inclusive of rates where rates are payable by the owner) in respect of any houses provided or acquired by them under the assisted scheme ; and (c) any other income which in the opinion of the Minister may properly be credited to the said account. (3.) They shaU cause to be debited to the Housing (Assisted Scheme) Revenue Account in each financial year : — (a) the sums required for interest and repayment of principal in respect of all moneys borrowed by them for the purposes of the assisted scheme (including moneys borrowed for the purchase of land which is approved by the Minister as part of the assisted scheme) which in the opinion of the Minister may properly be debited to the said account ; (6) the rates, taxes, rents or other charges payable by them in respect of any land or houses acquired, leased or provided by them under the assisted scheme, including any sums payable by way of rent, with the approval of the Minister, to any other account of the local authority, in respect of land acquired by them for some other purpose and appropriated for purposes of the assisted scheme ; (c) the annual premium payable by them in respect of the insurance against fire of any houses acquired or provided by them for the purposes of the assisted scheme ; {d) the expenditure incurred in respect of supervision 542 APPENDIX n Assisted Housing Schemes Regulations . and management of the houses acquired or provided by them under the assisted scheme ; (e) the expenditure incurred by them in and about the repair or maintenance of any property acquired or provided by them for the purposes of the assisted scheme, whether such expenditure is incurred by way of a fixed annual contri- bution to a repairs fund or otherwise ; and (/) any other expenses which in the opinion of the Minister may properly be debited to the said account. (4.) (a) In the case of the council of a borough whose accounts under the Housing Acts are not otherwise subject to audit by the district auditor, the Housing (Assisted Scheme) Accounts shall be made up and shall be audited by the district auditor in like manner, and subject to the same provisions, as the accounts of an urban district council, and for this purpose enactments relating to the audit by district auditors of those accounts, and to all matters incidental thereto and consequential thereon, shall apply, so far as necessary, in lieu of the provisions of the Municipal Corporations Act, 1892, relating to accounts and audit. (6) In every case as soon as practicable after the conclusion of each financial year the local authority shall forward to the Minister a copy of the Housing (Assisted Scheme) Revenue Account, certified by the district auditor. Article V — Except with the approval of the Minister, the local authority shall not borrow moneys for the purposes of an assisted scheme, or a scheme which, in the opinion of the Minister, is likely to become an assisted scheme, at a higher rate of interest than that fixed for the time being in the case of loans by the Public Works Loan Commissioners to local authorities for the purposes of assisted schemes. Article VI — Subject to the provisions of these regu- lations and provided that these regulations are complied with the annual payment to be made by the Minister to the local authority out of moneys provided by Parlia- ment (hereinafter referred to as " the Exchequer sub- sidy ") shall be determined by the Minister as follows : — (a) During the period before any part of the assisted scheme has been carried into effect the PROVISION OF HOUSES 543 Exchequer subsidy shall be an amount equivalent Assisted to the deficit in the Housing (Assisted Scheme) Housing Revenue Account made up at the conclusion ^^e^^JlSic of each financial year, in accordance with the provisions of Article IV of these regulations ; (6) during the period after any part of the assisted scheme has been carried into effect, and before the whole of the assisted scheme has been carried into effect the Exchequer subsidy, in respect of that part of the assisted scheme which has been carried into effect, shall be calculated upon the basis of an estimate submitted to the Minister by the local authority and approved by the Minister, and, in respect of that part of the assisted scheme which has not been carried into effect, shall be an amount equivalent to the deficit under the last-mentioned part of the assisted scheme as shown by the entries relating thereto in the Housing (Assisted Scheme) Revenue Account at the conclusion of the financial year ; (c) during the remainder of the period or periods allowed for the repayment of the loans raised by the local authority for the purposes of the assisted scheme the Exchequer subsidy shall be calculated upon the basis of estimates submitted to the Minister by the local authority and ap- proved by the Minister ; {d) The first of the estimates referred to in the pre- ceding paragraph shall be submitted to the Minister by the local authority as soon as pos- sible after the whole of the assisted scheme has been carried into effect, and a revised estimate shall be submitted as soon as possible after the 31st day of March 1927, and further revised estimates after the conclusion of each tenth financial year during the remainder of the period or periods last-mentioned ; (e) Each of the estimates referred to in paragraphs (6) and (c) of this Article shall be in a form approved by the Minister and shall be an estimate of the average annual income and expenditure of the local authority under the assisted scheme, or under that part of the assisted scheme which has been carried into effect (as the case may be), 544 APPENDIX II Assisted Housing Schemes Regulations. in respect of the period ending at the conclusion of the financial year after which the next estimate is to be submitted under these regulations ; (/) The estimate shall in each case be accompanied by an estimate of the annual produce of a rate of one penny in the pound hereinbefore referred to, and in the framing of such estimate regard shall be had to the produce of a rate of one penny in the pound during the last financial year before the date of such estimate, and to any probable increase or decrease of the assessable value of the district of the local authority during the period to which the estimate relates ; (gr) The Exchequer subsidy, in so far as it is calculated upon an estimate, shall be determined on the basis of the average annual deficit to be incurred by the local authority under the assisted scheme (or under that part of the assisted scheme which has been carried into effect, as the case may be), as shown by the estimate last made by the local authority under this Article, and shall be the equivalent of the amount of the said average annual deficit subject to the deduction from the said average annual deficit of the estimated produce of a rate of one penny in the pound hereinbefore referred to ; Provided that in the determination of the amount of the Exchequer subsidy during the period to which paragraph (6) of this Article applies, there shall be added to the amount of the said average annual deficit an amount equivalent to the deficit referred to in the said paragraph (6). (A) In this Article the expression " part of the assisted scheme " means so much of the assisted scheme as will be carried out under Parts I and II of the Act of 1890, or under Part III of the Act of 1890, as the case may be. Article VII — (1.) In any determination of the amount of the Exchequer subsidy, whether based on an estimate or otherwise, such deductions may be made from the amount of the deficit upon which the Exchequer subsidy is calculated as will in the opinion of the Minister represent — PROVISION OF HOUSES 645 (a) an item of expenditure or estimated expenditure Assisted which is excessive or not properly chargeable ^J^^'^jIj"^ to the debit of the assisted scheme ; or Regulations. (6) the omission from the account or estimate of any item of income which should be included therein ; or (c) any deficiency of income or estimated income which is due to the insufficiency of the rents charged or proposed to be charged by the local authority ; or (d) any deficiency of income or estimated income which is due to the failure of the local authority to secure due economy in the carrying out or administration of the scheme. (2.) For the purposes of sub-division (1) (a) of this Article the following items of expenditure, or estimated expenditure, in respect of any one financial year, shall not be regarded as excessive : — (a) A charge, in respect of unoccupied houses and uncollected rents, not exceeding five per centum of the gross estimated rent ; (6) a contribution to a repairs fund not exceeding fifteen per centum of the gross estimated rent ; (c) a charge in respect of the cost of supervision and management not exceeding five per centum of the gross estimated rent ; and {d) any item of expenditure referred to in this sub- division of this Article which exceeds the percent- ages thereby prescribed, but which the Minister, having regard to the special circumstances ol the case, considers to be reasonable. (3.) The Minister shall, not later than the 31st day of March 1927, after consultation with local authorities or with any associations of local authorities, and after such inquiry as he may consider necessary for the purpose, make such revision, if any, of the percentages mentioned in sub-division (2) of this Article as appears to him to be just and equitable. (4.) (a) In the event of any difference of opinion arising between the Minister and the local authority with regard to any of the matters referred to in paragraphs (c) or (d) of sub-division (1) of this Article the question at issue shall be referred for decision to a tribunal appointed as hereinafter provided, and the decision of such tribunal 35 546 APPENDIX II Assisted shall be final and conclusive, and the amount of Housing the Exchequer subsidy shall (if necessary) be altered rgXLns. accordingly. (b) Such tribunal shall consist of four members, of whom two shall be nominated by the Minister, one shall be nominated by the Association of Municipal Corporations, and one shall be nominated by the Urban District Councils Association and the Rural District Councils Association jointly, and of a chairman to be appointed by the four members so nominated. (5.) In any determination of the sufficiency of the rents charged or to be charged by the local authority, regard shall be had to the rules set out in Schedule B to these regulations. (6.) For the purposes of sub-division (2) of this Article the gross estimated rent shall be deemed to be the total amount of the rents, rates and water charges payable in respect of the houses included in the assisted scheme less the total amount of the rates and water charges payable in respect of the said houses during the financial year. (7.) Where the local authority apply any capital moneys, including any accumulated funds, belonging to them for defraying any expenditure incurred by them for purposes of an assisted scheme for which the local authority are authorised to borrow moneys, the rate of interest on the capital moneys or funds so applied shall be calculated as follows : — (a) where moneys have been borrowed by the local authority for the purposes of the assisted scheme from sources other than moneys or funds be- longing to the local authority, the rate of interest shall be the same as that payable on the moneys last previously so borrowed : (6) where no moneys have been borrowed by the local authority as aforesaid the rate of interest shall be the same as that in force for the time being for loans for assisted schemes advanced by the Public Works Loan Commissioners. Article VIII — (1.) The amount of the Exchequer subsidy, when determined under these regulations, shall not be varied by the Minister during the period for which the Exchequer subsidy was fixed except as herein- after provided or except with the concurrence of the PROVISION OF HOUSES 547 Lords Commissioners of His Majesty's Treasury and of the Assisted local authority. Housing (2.) The Exchequer subsidy in respect of any financial Regulatic year shall be varied so far as may be necessary in conse- quence of any difference between the produce of a rate of one penny in the pound in that year and the estimate of the produce of the said rate submitted under Article VI of these regulations. (3.) When any land or buildings included in an assisted scheme are leased or sold by the local authority, the Minister may make such adjustment of the amount of the Exchequer subsidy as may be necessary in conse- quence of the lease or sale and of the appropriation of the rents or proceeds of the sale : Provided that the adjustment shall in no case be such as to increase the contribution to be made by the local authority from the rates towards the annual cost of the assisted scheme, and that if, as the result of the appropriation of the rents or proceeds of the sale, the annual deficit to be incurred by the local authority under the assisted scheme is reduced, a proportion of the amount by which the deficit is reduced shall, subject to such conditions as the Minister may determine, be applied under any such adjustment in reduction of the said contribution, as well as of the Exchequer subsidy. (4.) When the period allowed for the repayment of any of the loans raised by the local authority for the purposes of the assisted scheme has expired, the amount of the Exchequer subsidy shall be reduced by the Minister, so far as may be necessary, in consequence of such repayment. Article IX — The Exchequer subsidy shall be payable in such instalments as the Minister may think fit (in- cluding payments on account, during the periods men- tioned in paragraphs {a) and (6) of Article VI of these regulations, based on the probable deficit for the year as certified by the local authority), but the Minister may, if he thinks fit, withhold payment of the final instalment of the Exchequer subsidy until the pro- visions of sub-division (4) (6) of Article IV of these regulations have been complied with. Article X — 'In any case where one area is affected by two or more assisted schemes the Minister may make such adjustments as may be necessary for securing that in the calculation of the total amount of the Exchequer 548 APPENDIX n Assisted Housing Schemes Regulations. subsidies, in any one financial year, under both or all the assisted schemes affecting the said area, there shall not be taken into account, in respect of that area, the produce, or estimated annual produce, of a rate of more than one penny in the pound. schedule a Rules to be Observed in the Determination of THE Amount produced by a Rate of One Penny IN the Pound 1. The produce of a rate during any financial year shall be the amount actually realised during that year by the collection of that rate, in accordance with a return made by the duly authorised financial officer of the local authority and certified by the district auditor. 2. For the purposes of the foregoing rule, the amount of the rate or rates collected during the financial year shall be regarded as having been collected in respect of the rate or rates made for that year. 3. The produce of a rate of one penny in the pound shall be that proportion of the produce of a rate which one penny bears to the total amount in the pound of the said rate. 4. Where it is desired to ascertain the amount of the produce of a rate of one penny in the pound levied in any area comprising two or more parts which are differ- entially rated, the said amount shall be separately ascertained in respect of each of these parts in accord- ance with the foregoing rules, and the sum of the amounts so ascertained shall be the produce of a rate of one penny in the pound levied in the said area. schedule b Rules with regard to the Determination of Rents 1. The local authority in first fixing the rents under an assisted scheme shall have regard to : — (a) the rents obtaining in the locality for houses for the working classes ; (6) any increase in the rent of houses for the working classes authorised under the Increase of Rent and Mortgage Interest (War Restrictions) Act, PROVISION OF HOUSES 549 1915, and any Acts amending or extending that Assisted Act ; Rebel's (c) any superiority in the condition or amenity of the Regulations. houses to be let by them under the assisted scheme or in the accommodation provided therein ; and (d) the classes of tenant in the district for whom the houses are provided. 2. The rent to be charged after the 31st day of March 1927, shall, if reasonably possible, having regard to the conditions then prevailing and to the classes of tenant in the district for whom the houses were provided, be sufficient to cover (in addition to the expenses of main- tenance and management of the houses and a suitable allowance for depreciation) the interest which would have been payable on the capital cost of building the houses if they had been built after that date. 3. If it is not found reasonably possible after the 31st day of March 1927, to obtain the rent prescribed by rule 2, the rent shall be the best rent which can reason- ably be obtained from the classes of tenant in the district for whom the houses were provided, regard being had to any superiority of such houses in accommodation, construction or amenities as compared with houses previously built in the district. Given under the official seal of the Minister of Health this Thirty-first day of December, in the year One thousand nine hundred and nineteen. (l.s.) Christopher Addison, Minister of Health. We approve these regulations — James Parker, ^ Lords Commissioners J, TowYN Jones, J of His Majesty's Treasury. 550 APPENDIX n Statutory Rules and Orders, 1920, No. 487 HOUSING, ENGLAND The Housing Accounts Order {Local Authorities), 1920, dated Zlst March 1920. 66,165. To the councils of the several administrative counties in England and Wales ; — To the councils of the several metropolitan boroughs, municipal boroughs and other urban districts, in England and Wales ; — To the councils of the several rural districts in England and Wales ; — And to all others whom it may concern. Whereas by the Local Authorities (Assisted Housing Schemes) Regulations, 1919,' the Minister of Health, with the approval of the Treasury, made regulations in pursuance of section 7 of the Housing, Town Planning, &c.. Act, 1919,^ with regard to the payments to be made by the Minister to local authorities in respect of assisted schemes (as defined in the said regulations) towards the losses on which the Minister is liable to contribute under the said section 7 out of moneys provided by Parlia- ment ; And whereas by Article IV of the said regulations it is provided that the local authority shall, for the purposes of an assisted scheme, or a scheme which in the opinion of the Minister is likely to become an assisted scheme, keep separate accounts to be called the Housing (Assisted Scheme) Accounts, and it is further provided that in the case of the council of a borough whose accounts under the Housing Acts, 1890 to 1919, are not otherwise subject to audit by the district auditor, the Housing (Assisted Scheme) Accounts shall be made up and shall be audited by the district auditor in the manner and subject to the provisions therein mentioned : Now, therefore, the Minister of Health, in pursuance I S.R. & O., 1919, No, 2047. 2 9-10 Geo. 5. c. 35. PROVISION OP HOUSES 551 of his powers under section 5 of the District Auditors Housing Accou " Order, Act, 1879/ and all other enactments in that behalf, Accounts hereby orders and prescribes, subject to any depar- ture to which he may from time to time assent, as follows : — Article I — This order may be cited as " The Housing Accounts Order (Local Authorities), 1920." Article II — In this order, unless the contrary inten- tion appears : — (a) The expression " the Minister " means the Minister of Health ; (b) The expression " the regulations " means the Local Authorities (Assisted Housing Schemes) Regulations, 1919 ; (c) The expressions " local authority " and " assisted schemes " have the same meaning as the like expressions respectively have in the Local Authorities (Assisted Housing Schemes) Regu- lations, 1919 ; (d) The expression " financial period " means, in the case of a local authority other than a rural district council, the year ending on the 31st day of March, and, in the case of a local authority being a rural district council, the half-year ending on the 31st day of March or the 30th day of September, as the case may re- quire. Article III — The officer charged with the duty of keeping the Housing (Assisted Scheme) Accounts of the local authority (hereinafter referred to as " the Accounting Officer ") shall punctually and accurately enter up the several accounts, books and statements relating to the assisted scheme which are prescribed by this Article, together with such other accounts or books of account as the Minister may direct or the local authority may decide to be necessary, that is to say : — Ledger Accounts (1) Ledger Accounts on the double-entry system according to Form A in the schedule to this order, (a) These accounts shall include — 1 42-3 Vict. c. 6, 552 APPENDIX n Hoiosing PERSONAL ACCOUNTS Order!" ^ ACCOUNTS OF OFFICERS In all cases Treasurer's Account (the Cash Book), Rent Collectors' Accounts, and where circumstances require Other Cash Officers' Accounts, Storekeepers' Accounts. Accounts of Debtors In all cases Tenants' (Rent) Account, Council (Rate Contribution) Account, Minister of Health (Exchequer Subsidy) Account, and where circumstances require Mortgagors' Accounts, Investment Accounts, Other Debtors' Accounts. Accounts of Creditors In all cases Mortgagees' (or other Lenders) Accounts, Inland Revenue (Income Tax) Account, Other Creditors' Account or Accounts, and where circumstaiices require Purchaser's (Instalment) Account, Tenants' (Deposits) Accounts. impersonal accounts Income Classification Accounts In all cases Rent Income Account, Rate Contribution Account, Exchequer Subsidy Account, and where circumstances require Other Income Accounts. Expenditure Classification Accounts In all cases Repayment of Loans Account, Loan Interest Account, Rates, Rents, Insurance and other charges Account, Management Expenses Account, and ivhere circumstances require Other Expenditure Accounts. PROVISION OF HOUSES 553 Fund or Final Accounts Housing T ,, Accounts In all cases Order. Housing (Assisted Scheme) Revenue Account, Maintenance and Repairs Reserve Fund Account. (6) An amount equal to the estimated annual provision required to cover the cost of maintenance and repair shall be transferred each year from the Housing (Assisted Scheme) Revenue Account to the Maintenance and Repairs Reserve Fund Account, to which shall be charged the actual expenditure upon maintenance and repair, and any deficiency which may arise in this account shall be made good forthwith by transfer from the Housing (Assisted Scheme) Revenue Account. (c) In connection with the capital outlay the following ledger accounts shall also be kept : — Capital Asset Accounts ; Discharged Capital Outlay Account ; and these accounts shall maintain a record of the original cost of the capital assets acquired and per contra of the portions thereof which have been defrayed out of revenue (1) by loan repayment ; (2) by the setting aside of sinking funds ; or (3) by direct charge. {d) Where expenditures which do not create capital assets are spread over a period of years by the help of loans, there shall also be kept : — Deferred Charges Accounts ; including, as far as they may be required, accounts of Discount on Stock Issues and Expenses of Stock and Bond Issues. The balances of these accounts shall be reduced as and when the expenditures are defrayed out of revenue by loan repayment or otherwise. (e) Where Sinking or Redemption Funds have to be compiled for the discharge of loan debt the following accounts shaU also be kept : — Sinking Fund Contributions Account. Treasurer's Sinking (or Redemption) Fund Account. Sinking (or Redemption) Fund Investment Accounts. Sinking (or Redemption) Fund Expenses Account. (/) Where houses or other property are sold or 554 APPENDIX n Housing instalments of purchase money are received a separate Ord"!^"*^ Treasurer's Account shall be kept in the ledger entitled the Treasurer's (Proceeds of Sale) Account. Such items of loan repayment or sinking fund contribution as the Minister may from time to time direct shall be paid out of this account, and the sums remaining therein shall be invested in loans which the local authority is authorised to borrow, including loans for the purchase of other land for the purposes of Part III of the principal Act, or in any securities in which trustees are for the time being authorised to invest. The income derived from these investments shall be carried to the Housing (Assisted Scheme) Revenue Account. {g) There shall be entered in the ledger a Housing (Assisted Scheme) Balance Sheet ; the entries in which shall be arranged under the headings appearing in Form B in the schedule hereto or such of them as may be needed and in accordance with the directions set out at the foot of that form. Terrier of Housing Estates (2) A Terrier, in Form C in the schedule hereto, of all real property acquired by the local authority, giving the particulars set out in the form and in the instructions appended thereto. Register of Tenancies (3) A Register in which one page or more is allotted to each house or other property available for letting. In this register there shall be entered from time to time the name of each tenant, the date when his occupation begins, the date when it ends, the agreed rent, any orders in regard to the writing-off of rents, and any other matters connected with the tenancies. Rent Account Book (4) A Rent Account Book in Form D in the schedule hereto, or in such amplified form as may be better adapted to the requirements of the case, setting out in the same order and with the same reference numbers as appears PROVISION OF HOUSES 555 in the Register of Tenancies and in columns provided Housing for the purpose each house available for letting, the Accounts name of each tenant in occupation during the period of account, and the other particulars set forth in the form. This book shall be totalled up and balanced at the close of each quarter or of such other period as the local authority may direct. Sinking (or Redemption) Fund Record (5) A book shewing in respect of each sinking or redemption fund which has to be compiled for the dis- charge of loan debt, (a) the amount to which such fund should amount at the close of each financial year in the loan period ; (b) the total amount of debt discharged by the fund up to the end of each financial year, and (c) the amount (if any) remaining on hand invested or uninvested. Article IV — ( 1 ) The accounts relating to the assisted scheme shall include, and shall be confined to, the items of income and expenditure falling due within, or at the close of, the financial period. (2) The accounts, books and statements hereinbefore prescribed shall be duly made up and balanced immediately after the close of each financial period, and thereupon the Accounting Officer shall submit the Ledger Accounts and Balance Sheet to the local authority or appropriate committee. (3) When the accounts have been approved by the local authority, their acceptance as accounts of the local authority shall be attested by the signature of the presiding chairman upon the Housing (Assisted Scheme) Balance Sheet. (4) It shall be the duty of the Accounting Officer to present at audit the Housing (Assisted Scheme) Accounts of the local authority, together with all vouchers, docu- ments and evidence which are required for the purposes of audit. Article V — The treasurer and every officer or other person who receives or disburses money or materials on behalf of the local authority shall keep a personal book of account containing a prompt and accurate record of all such receipts and disbursements, shall balance 556 APPENDIX n such book of account at the close of each financial period and at such other dates as the local authority may direct, and shall submit the same at the audit together with such vouchers, documents and evidence as may be re- quired for the purposes of audit. Article VI — (1) The rent collector shall deposit all sums which he has collected with the treasurer at the close of each week, or more frequently if the local authority so direct. (2) He shall use such receipt check books as the local authority may direct, and shall preserve therein an accurate record of the amounts and dates of his collec- tions. (3) If, instead of or in addition to directing the use by the rent collector of receipt check books, the local authority elect to supply each tenant with a tenant's rent book, the collector shall mark and initial each rent payment in the rent book of the tenant. (4) He shall make out and submit promptly after the close of each financial period, and at such other dates as the local authority may direct, a full statement of such of the rents which it was his duty to collect as may not in fact have been collected, and of the reason for such non-collection. SCHEDULE Form A Ledger Account Dr. Cr . Date. o.S.S O " Account of corre- spondin;,' Credit. Descrip- tion of Item. Amount. Total. Date. Folio of corre- sponding Debit. Account of corre- spondin'j; Debit. Descrip- tion of Item. Amount. Total. £ «. d. £ X. d. £ «. d. £ *. d. PROVISION OF HOUSES 557 Form B Housing {Assisted Scheme) Balance 8heet Housing Accounts Order. Capital Liabilities Stock or loans outstanding. Prospective purchasers' ad- vances. Other special liabilities. Overspent loan balances. Capital Outlay Discharged By Loan Repayment. By Sinking Fund provisions. By direct charge on revenue. Revenue Liabilities. Tradesmen and others. Income Tax unpaid. Unclaimed dividends. Other special liabilities. Overspent cash balances. Fund Balances Repairs fund. Revenue Account. Capital Assets. Houses and other property.^ Loans owing to the Council. Sinking Funds (investments and cash). Proceeds of sale (investments and cash). Loan moneys in hand. Sundry Debtors. Deferred Charges. Expenses of Stock or Bond issues. Discounts on Stock issues. Revenue Assets Rents uncollected. Exchequer subsidy receivable. Rate contribution receivable. Other uncollected income. Repairs fund investments. Cash balances in hand. Materials in hand. Fund Deficiencies Revenue accoimt. 1 The asset is to be shown at original cost. Only those properties which remain in the possession of the authority are to be included on the balance sheet. Either on the balance sheet, or in connection therewith, the balances connected with each authorised borrowing are to be separately entered in such naanner as to show their due correspondence. 558 APPENDIX II Form C Terrier of Housing Estates 6 Address of House or other property. Descrip- tion. Apportionment of original cost. Date when ready for occupa- tion. Terms and particulars of Sale (if any). Signature of Clerk to the Council and date ol entry. Items. Amounts. Loan period. £ s. d. This Terrier should include all real property held by the council in connection with the assisted scheme. The apportionment of original cost entered in the Terrier should be brought to a total therein, and the agreement of this total with the capital outlay shewn upon the Balance Sheet of the Housing (Assisted Scheme) Accounts should be established. If loans are granted to purchasers on mortgage of the houses concerned, the amounts of such loans, together with the terms in regard to interest and repayment, should be entered. If agreements are entered into for instalment payments by prospective purchasers, the numbers and amount of such instalments, the dates when they fall due, and any other terms of the agreement, together with the date of the agreement, should be entered. ( c3 ft O o o o ft^ •pjB.MJOJ paiUBO luajj JO sjHajjy a ■Bpouad psid -nooonn jo )D9ds ■32X1 SB go n a^tjj^ "^ H -^ -& ■pa^oai -JOD aq o^ i^iox •pjBJijoj ^qSnojq ^03^ JO SJU3JJV *S9^vi JO loadsaj m •ps3jEqo aoi'^odojj joj tuaa IE10X *3ta9A j3d ins^ JO 'janotav •^a^uax JO 9ia«^ •asnoH jo noi^-Btiitg ■on saasjajsg O tH crt InH -o f^ CB S-l O 03 73 ^ t:i -p -M cl ,« trt is >^ 6 660 APPENDIX II Ministry of Health Housing Acts, 1890-1919 ASSISTED SCHEME (LOCAL AUTHORITY) statement of estimated annual income and expenditure This statement must be filled up and submitted, in duplicate, to the Housing Commissioners, for trans- mission to the Ministry of Health, immediately tenders for the erection of houses forming a section or part of a scheme have been provisionally accepted. For detailed instructions as to the filling up of this form see page . r Borough Council Name of Local Authority -| Urban District Council (Rural District Council Site of Scheme Scheme Number Section of Scheme (1st, 2nd, 3rd, &c.) Estimated Income. From rents, including rates and water charges where these are paid by Local Authority (see Table D) . Less allowance for un- occupied houses and uncollected rents £ 8. d. Estimated net receipts from rents From other sources (if any) specifying them . Balance (excess of ex- penditure over income) Estimated Expenditure. £ s. Loan charges : (1) Table A . (2) Table B . (3) Table C . Rates, if paid by Local Authority (Table D) . Taxes (give particulars) . . Insurance Water charges, if paid by Local Authority (Table D) ... Repairs and Maintenance Supervision and collec- tion of rents Other any). expenditure (if Give particulars Balance (excess of income over expenditure) Date . Signed Clerk [or Financial Officer] to the Local Authority 19 PROVISION OF HOUSES 561 A— LAND Area in present section of scheme Area in previous sections of scheme (if any) . Area in further sections of scheme (if any) . Total for scheme purposes Area reserved for other purposes (e.g. schools, allotments, &c.), specifying them Purpose. Value of any existing buildings on land Total area and cost . If land bought for housing purposes. Acres or decimal of an acre. Apportioned cost or rent. £ Estimated income and expenditure. Date of Loan sanctioned . Period sanctioned . Amount. £ Rate of Inter- est per cent. Loan Charges (including interest) . £ When first payments due. Total . Total Where it is proposed to charge rent for land which has been acquired by a Local Authority for other purposes and appropriated for housing purposes, such rent must be based on a valuation by the Inland Revenue District Valuer. Loans will not be sanctioned in respect of such land. 36 562 APPENDIX n Estimated B— DEVELOPMENT income and expenditure. 1- Particulars of loans sanctioned or required for street works, sewers, &c. Date of sanction. Amount. Purpose. Period sanctioned. Rate of Interest percent. Loan Charges (including interest). £ First payment due. Total . Total . 2. Amount charged to present section of scheme £ Annual loan charges thereon £ 3. Amount charged to previous sections (if any) £ Annual loan charges thereon £ 4. Amount to be charged to future sections (if any) £ Annual loan charges thereon £ &c. C— BUILDINGS 1. Particulars of loans sanctioned or required for buildings, fencing. Date of sanction. Amount. £ Purpose. Period sanctioned. Rate of Interest per cent. Loan Charges (including interest). £ First payment due. Total . Total . 2. Amount charged to present section of scheme £ Annual loan charges thereon £ 3. Amount charged to previous sections (if any) £ Annual loan charges thereon £ 4. Amount to be charged to future sections (if any) £ Annual loan charges thereon £ PROVISION OF HOUSES 563 D— RENT, RATES AND WATER CHARGES (present section of scheme only) Type Type Type C.» Type D.* Type Type F.* Type Type H.» Type Total. 1. Number of houses of each type [(a) Land . 2. Estimated cost per house ■ (b) Development of each type \{c) Buildings Total 3. Estimated \ economic rent per house based (a) Per week on two - thirds C of above total cost, excluding (b) Per annum 4. Weekly rent per house proposed, excluding rates .... 5. Estimated annual Rateable Value per house .... 6. Annual "j rent receivable (a) Per house (Gross Estima- V ted Rent — see (b) For all houses page 4) j in 1 above 7. Annual ((a) Per house rates (at in | the £) 1 (b) For all houses (^ in 1 above 8. Annual [<«> P" ^^^^^ ' charge for water J (^P^^^ljj^^^^^^ ^"PP'> 1 in 1 above 9. Total f(a) Per house (agreeing with totals of 6 (a), 7 (a) and 8 (a) above) . (b) For all houses in 1 above (agreeing with totals of 6 {b), 7 (b) and 8 (b) annual rent so -;' receivable f(a) Per week for elusive rent is (b) Per annum for to be charged, I each house state proposed (c) Total per ann. rent for all houses Estimated income and expenditure. • Type A. Living room, scullery, 2 bedrooms, ,, B. „ „ „ 3 ,, C. Parlour, living room, scullery, 2 bedrooms. .. D. „ „ „ „ 3 ,. E. „ „ „ „ 4 ,, F. Tenements in block dwellings. If there are other types, insert figures in columns G, H, and K, and insert particulars below. Type G „ H „ K 564 APPENDIX II Estimated income and expenditure. Instructions 1. Loan Charges. — Under this head should be entered the annual sums (including principal and interest without deduction of Income Tax) required to repay the estimated capital cost in question on the annuity system. The loan periods on which the calculations should be made are 80 years for land, 60 years for buildings, 30 years for sewers and water supply, 20 years for streets. The cost of land should include legal expenses, if any, and the cost of the other works, a proportion for architect's fees, &c. The rate of interest on borrowed money should, of course, be that actually paid where the money has already been raised under a loan sanction of the Ministry, but should otherwise be taken at the rate at which the local authority anticipate that they will be able to borrow. For the convenience of local authorities a table is appended showing the equal half-yearly payments needed to repay a loan of £100 in a given number of years at various percentages. Number of years 5 per cent. 5i per cent. 5J per cent. 5i per cent. 6 per cent. 20 . 30 . 60 . 80 . 3 19 8 3 4 8J 2 12 8f 2 10 llf 4 1 4i 3 6 6J 2 14 111 2 13 41 4 3 Of 3 8 5J 2 17 2i 2 15 8i 4 4 9J 3 10 4 2 19 6 2 18 li 4 6 6| 3 12 3J 3 1 9i 3 Gi 2. Rent. — In fixing the rents inserted in the return the local authority should bear in mind the considerations set out in paragraphs 16 to 22 of General Housing Memo- randum No. 8. 3. In completing the main statement, the following rules should be observed : — {a) The annual deduction in respect of unoccupied houses and uncollected rents must not exceed 5 per cent, of the gross estimated rent. (6) The annual deduction for cost of repairs and maintenance must not exceed 15 per cent, of the gross estimated rent. (c) The annual deduction for cost of supervision and management must not exceed 5 per cent, of the gross estimated rent. PROVISION OF HOUSES 565 The gross estimated rent, where rent is inclusive of Estimated rates and water charges, is the estimated inclusive rent, income and 1 . I , 1 expenditure, less rates and water charges. 4. The figures to be inserted in 3 (6) of Table D will be arrived at by calculating the interest on two-thirds of the totals shown in 2 of that table at the rate at which the loans have been raised, and adding thereto the annual amounts required to provide for (1) allowance for unoccupied houses ; (2) repairs and maintenance ; (3) supervision and collection of rents ; (4) insurance and (5) such allowance in respect of depreciation beyond the allowance for repairs and maintenance as may be necessary. The method by which (5) has been arrived at should be indicated below. Statutory Rules and Orders, 1920, No. 2128 THE MINISTRY OF HEALTH (TEMPORARY RELAXATION OF BUILDING BYELAWS) REGULATIONS, 1920, DATED 12th NOVEMBER 1920 Made by the Minister of Health under section 25 OF THE Housing, Town Planning, &c., Act, 1919 The Minister of Health, in pursuance of the powers conferred on him by subsection (1) of section 25 of the Housing, Town Planning, &c., Act, 1919, and of all other powers enabling him in that behalf, hereby makes the following regulations : — 1. (1.) These regulations may be cited as "The Ministry of Health (Temporary Relaxation of Building Byelaws) Regulations, 1920." (2.) The Ministry of Health (Temporary Relaxation of Building Byelaws) Regulations, 1919,' are hereby revoked without prejudice to any consent given or other thing done under those Regulations. 2. A local authority, notwithstanding the provisions of any building byelaws,- may, during a period 1 S.R. , . *0 the Forms Liocal (government Board in pursuance of Part I of the prescribed, Housing of the Working Classes Act, 1890, as amended ^f * ^" by the Housing of the Working Classes Act 1903 and '^ the Housing, Town Planning, &c., Act, 1909, praying that an order may be made confirming an Improvement Scheme, whereby it is proposed to take compulsorUy the lands described in the Schedule hereunder, in which lands you are believed to be interested, as owner or reputed owner, or lessee or reputed lessee. You are therefore hereby required to return to me on or before the day of next an answer m writmg stating whether you dissent or not in respect of the taking of the lands described in the said Schedule. A copy of the said scheme, accompanied by maps distinguishing the lands proposed to be taken com- pulsorily and by particulars and estimates, has been deposited at f and may be seen at all reasonable hours. Schedule referred to in the foregoing Notice Name of Street, Court, Alley, or other PUce. Description of LandsJ proposed to be taken. Owner or reputed Owner. Lessee or reputed Lessee. Occupier. 19 Dated this day of Signature of clerk of local authority Directions for filling up this form Insert — ^ Name, residence, or place of business, and description, where known, of owner or reputed owner, lessee or reputed lessee, as the case may require. * Description of local authority. t The place of deposit must be within the area or in the vicinity thereof. See section 7 (a) of the Act of 1890. I r ^^J^^ " /"c^^«« messuages, tenements, hereditaments, houses, and buildmgs of any tenure, and any right over land 37 578 APPENDIX III Forms prescribed, Part I. scheme. Ill — Form of Notice to Occupiers (see also p. 588) HOUSING OF THE WORKING CLASSES ACTS, 1890 to 1909 Notice to occupier or occupiers {not being owners or reputed owners or lessees or reputed lessees) of intention to take lands compulsorily under an Improvement Scheme To ^ the occupier of the land f or [To the occupier or occupiers of the house] J which in the Schedule hereunder is described as the lands proposed to be taken. Take Notice that a petition is about to be presented by the * to the Local Government Board in pursuance of Part I of the Housing of the Working Classes Act, 1890, as amended by the Housing of the Working Classes Act, 1903, and the Housing, Town Planning, &c.. Act, 1909, praying that an order may be made confirming an Improvement Scheme, whereby it is proposed to take compulsorily the lands described in the Schedule hereunder. A copy of the said scheme, accompanied by maps distinguishing the lands proposed to be taken com- pulsorily and by particulars and estimates, has been deposited at § and may be seen at all reasonable hours. Schedule referred to in the foregoing Notice Name of Street, Court, Alley, or other Place. Description of Landsf proposed to be taken. 19 Dated this day of Signature of clerk of local authority Directions for filling up this form Insert — 1 The name of the occupier. * Description of local authority. f "Lands" includes messuages, tenements, hereditaments, houses, and buildings of any tenure, and any right over land. J 'The alternative address within these brackets is available only where the property to be taken is a house. § The place of deposit must be within the area or in the vicinity thereof. See section 7 (a) of the Act of 1890. UNHEALTHY AREAS 579 Given under the seal of office of the Local Government Forms. Board, this Nineteenth day of November, in the year One thousand nine hundred and ten. (l.s.) John Burns, H. C. Monro, President. Secretary. Author'' s note on the above Order {Forms of Advertisement and Notices [55,916 ; I9th November, 1910], and on the forms appearing on pages 580 to 597, It does not appear that the above Order has been revoked, but in the Manual on Unfit Houses arid Unhealthy Areas, issued by the Ministry of Health, certain slightly different forms are suggested. On this point it will be noticed that Section 41 of the 1909 Act provides that the forms prescribed " or forms as near thereto as circum- stances permit, shall be used." The slight differences referred to mainly relate to the changed circumstances arising out of the legislation subsequent to the issue of the above Order, e.g. the head- ing of the suggested Form of Advertisement is now " Housing Acts, 1890 to 1919," and the words " the Minister of Health " now displace " the Local Govern- ment Board." Therefore the modern forms (namely those suggested on pages 580 to 597), may be taken to be but an up-to- date edition of the forms prescribed in the above Order. They do not state (as do the prescribed forms) either that the lands proposed to be taken compulsorUy are dis- tinguished on the maps, or the contents of the area or areas. The scheme, however, must distinguish the lands proposed to be taken compulsorily, it must be accom- panied by particulars — Section 6 of the 1890 Act — and in each case information is to be given in the notice, showing where a copy of the scheme can be seen. In the prescribed Notice to Occupiers, there is no reference to the fact that notice is not given to tenants for a month or a less period than a month : the suggested form makes it clear that, following an alteration in Section 7 of the 1890 Act made by Section 39 of the 1919 Act, notice to such tenants is not now necessary. It will be understood that the prescribed forms relate 580 APPENDIX in Forms suggested, Part I. scheme. to a Part I (Improvement) Scheme. There do not appear to be any prescribed forms relating to a Part II (Recon- struction) Scheme, but forms suggested by the Ministry of Health for a Part II Scheme are given on pages 591 to 597. The Ministry has power to prescribe forms — Section 41 of the 1909 Act — and, with regard to the " Instructions " on page 589, it is provided in Section 8 (2) of the 1890 Act that the petition for confirmation of the scheme " shall be supported by such evidence as the Local Government Board . . . may from time to time require." In connection with the forms it will be useful to read the summary of the law given in Chapter III, page 34, FORMS AND INSTRUCTIONS WITH REFERENCE TO PART I AND PART II SCHEMES {The following forms are suggested, subject to any necessary adaptations — see the Official Ma7iual on Unfit Houses and Unhealthy Areas) Part I Schemes 1 — Form of Official Representation of the Medical Officer of Health {Sections 4 and 5, 1890 Act.) Name of Local Authority HOUSING ACTS, 1890 TO 1919 Designation of Area Official Representation of the Medical Officer OF Health To the Council of of I, , medical officer of health for the do hereby represent ' that in my opinion, within a certain area, described in the schedule hereto (a) there are certain houses, courts and alleys which are unfit for human habitation, or (6) the narrowness, closeness and bad arrangement, * The medical officer of health when making hia representation should bear in mind the alternatives admissible under section 4 /90. UNHEALTHY AREAS 581 or the bad condition of the streets and houses Forms or groups of houses within such area, or the suggested, want of hght, air, ventilation or proper con- gch'eme. veniences, or other sanitary defects, or one or more of such causes, are dangerous or injurious to the health of the inhabitants of the buildings in the said area or of the neighbouring buildings, and that the most satisfactory method of dealing with the evils connected with such houses, courts or alleys, and the sanitary defects in such area, is an improvement scheme for the re-arrangement and re-construction of the streets and houses within such area, or of some of such streets and houses. Dated this day of 19 , (Signature) Medical Officer of Health. SCHEDULE The area to which the above official representation relates is coloured red on the map annexed hereto and is bounded by a line commencing (set out the entire boundary line). 2 — Resolution of Local Authority deciding that Improvement Scheme should be made, and giving necessary instructions for its pre- paration {Section 4, 1890 Act.) The official representation of the medical officer of health imder the Housing Acts, 1890 to 1919, was sub- mitted. Resolved — 1. That the council, having taken into consideration the official representation of the medical officer of health, dated 19 , and being satisfied of the truth thereof and of the sufficiency of their resources, declare that the area described in such representation is an unhealthy area, and that an improvement scheme ought to be made in respect of the area. ^ ^ If the local authority decide to exclude any part of the area or to include any neighbouring lands iinder section 6(1) (a) of the Act of 1 890 , the resolution should be extended so as to indicate this. 582 APPENDIX in Forms suggested, Parti, scheme. 2. That the clerk be instructed to prepare a draft scheme, in accordance with the provisions of Part I of the Housing of the Working Classes Act, 1890, as amended by subsequent Acts, and that the surveyor prepare the necessary plans, particulars and estimates. 3 — Maps, Particulars, Estimates, &c. {Section 6, 1890 Act.) Maps. The following maps ' should be prepared in connection with the scheme : — Map No. 1 on the scale of ^i^, or on a scale approxi- mating to this, showing the lands included in the improve- ment scheme, the unhealthy area being coloured pink, and any " neighbouring lands " which have been in- cluded in the scheme in order to make it efficient being coloured blue. The several properties should be numbered con- secutively on this map. Each parcel of land, notwith- standing that several may belong to one owner, should be separately numbered, the outside boundaries of each parcel being defined by hard lines, and the buildings (if any) on each parcel being linked into it, so that it may be seen to what properties each number applies. Map No. 2 on the scale of ^i^j^, or on a scale approxi- mating to this, showing the proposals for dealing with the cleared area, indicating any proposed new dwelling accommodation', street planning, open spaces or play- grounds or other intended developments. On this map any lands proposed to be used for re-housing should be coloured yellow and any lands proposed to be appropriated as open spaces green. Map No. 3 on the scale of six inches to the mile, showing any site or sites where re-housing accommodation is to be provided which is not within the area comprised in the scheme, and the position of each site in relation to the area included in the scheme. 1 The maps should be carefully checked. It is important that all buildings and boundaries should be correctly shown. All buildings should be hatched, and buildings other than dwelling houses and their appurtenances should have their character lettered upon them. A certificate by the competent official as to the correctness of the map muBt be given on the map itsell. UNHEALTHY AREAS 583 {Note. — The Minister of Health will require two copies, Forms mounted on linen, of each of the above maps. If in suggested, any case the lands included in the scheme as " the un- gcheme. healthy area " do not comprise all the lands to which the official representation extended, a copy of the map prepared in connection with the official representation should be supplied to the Ministry.) Particulars of the Scheme The scheme should be accompanied by a statement giving the following particulars : — (i) The acreage of the area comprised in the scheme ; (ii) The number of persons of the working classes who will be displaced by the scheme ; (iii) The number of persons for whom dwelling accom- modation is to be provided ; (iv) Where the accommodation is to be provided ; (v) Any other necessary information or explanations. Estimates The estimates should distinguish the cost of the ac- quisition of the lands comprised in the scheme and the cost of the laying out and construction of new streets and the erection of new buildings, and should also specify the estimated value of any surplus lands and recoup- ments. The Book of Reference The book of reference should be in the following form and should be prepared on the ground at the same time as, and in conjunction with, the Map No. 1, each parcel of land being numbered to correspond with that map, and being described so as to show clearly what properties are covered by each number. NAME OF LOCAL AUTHORITY HOUSING ACTS, 1890 TO 1919 Designation of Improvement Scheme BOOK OF REFERENCE Book of reference to the Map No. 1 of the area included in the above-mentioned scheme, 584 APPENDIX ni Forms suggested. Part I. scheme. Description of Lands. Situation. Names and addresses of Number on Map No. 1. Owners or reputed Owners. Lessees or reputed Lessees. Occupiers. 4 — Forms of Clauses for Improvement Schemes {Section 6, 1890 Act.) The purposes for which Part I or Part II schemes may be made are substantially the same, and it is sug- gested that the following clauses should be used as the basis for any scheme so far as they are applicable, and with any necessary adaptations or additions. SHORT TITLE This scheme may be cited as the Scheme 19 . INTERPRETATION In this scheme the council means the Improvement LIMITS OF SCHEME AND UNHEALTHY AREA All the lands coloured pink on the map marked Map No. 1, annexed to this scheme, are included in the scheme as an unhealthy area. Alternative Form for use when " Neighbouring Lands " are included to make the scheme efficient LIMIT OF SCHEME All the lands coloured pink and blue on the map marked Map No. 1, annexed to this scheme, are included in this scheme. LIMITS OF UNHEALTHY AREA The lands coloured pink on the said Map No. I are included in the scheme as an unhealthy area. UNHEALTHY AREAS 585 The lands coloured blue on the said map are not part Forms of the unhealthy area, but are included in order to make «^iSKosted, the scheme efficient. scheme, ACQUISITION OF LANDS All the lands included in the scheme are intended to be acquired compulsorily in default of agreement. CLEARANCE OF AREA After obtaining possession of the lands included in the scheme the council shall cause all the buildings {or the following buildings or except the following build- ings) within the limits of the scheme to be demolished and the sites to be cleared. LAY-OUT OF THE CLEARED AREA The council shall lay out the cleared area in the manner shown on Map No. 2 annexed to this scheme. All the existing highways in the area may be closed, appropriated, widened, or diverted by the council so far as may be necessary for the purposes of the scheme. RE-HOUSING UPON AREA On the lands coloured yellow on Map No. 2 the council shall erect in accordance with plans to be approved by the Minister of Health, suitable dwellings for the accommodation of persons of the working classes. OPEN SPACES The lands coloured green on Map No. 2 shall be appropriated for the purposes of an open space. DISPOSAL OF SURPLUS LANDS Such of the lands in the scheme as shall not be required for the purpose of providing accommodation for persons of the working class or for the laying out of new streets or the improvement of streets or for the purposes of open spaces may, with the approval of the Minister of Health, be sold, leased, or otherwise disposed of as the council may think fit. scheme. 586 APPENDIX in Forms 5 — RESOLUTION OF LoCAL AUTHORITY MAKING ImPROVE- suggested, ci Parti.. MENT SCHEME {Section 6, 1890 Act.) Resolved — That the Improvement Scheme under Part I of the Housing of the Working Classes Act, 1890, as amended by subsequent Acts, now submitted, for the unhealthy area, together with the plans, particulars and estimates relating to the scheme, be, and the same are hereby made and adopted, and that all necessary steps be taken to obtain confirmation thereof. 6 — Form of Advertisement {Section 7, 1890 Act.) housing acts, 1890 to 1919 Advertisement of an Improvement Scheme Notice is hereby given that the Council of have, in pursuance of the powers vested in them for that purpose by Part I of the Housing of the Working Classes Act, 1 890, as amended by subsequent Acts, made a scheme for the improvement of the area [or areas] the limits of which are stated in the schedule hereunder. A copy of the scheme, accompanied by maps, particu- lars and estimates, has been deposited at the {specify the place of deposit, which must be within the area, or in the vicinity thereof) and may be seen at all reasonable hours. schedule (One of the alternative forms should be used as may be convenient. If the scheme includes more than one area, the particulars indicated should be given as regards each area.) The area to which the scheme relates is bounded as follows : — On the north by On the south by On the east by On the west by or The area to which the scheme relates is bounded by UNHEALTHY AREAS 587 a line commencing {set out the entire linear boundary) : Forms Dated this day of , 19 . pSfL^"^' Signature of Clerk of Local Authority scheme. Form of Notice to Owners and Lessees (Section 7, 1890 Act.) HOUSING ACTS, 1890 TO 1919 Notice to owner or reputed owner, lessee or reputed lessee, of intention to take lands compulsorily under an Improvement Scheme. To {insert name, residence, or place of business, and descrip- tion, where known, of owner or reputed owner, lessee or reputed lessee, as the case may require). Take Notice that a petition is about to be presented by the Council of to the Minister of Health, in pursuance of Part I of the Housing of the Working Classes Act, 1890, as amended by subsequent Acts, praying that an order may be made confirming an improvement scheme whereby it is proposed to take compulsorily the lands described in the schedule here- under, in which lands you are believed to be interested, as owner or reputed owner, or lessee or reputed lessee. You are therefore hereby required to return to me on or before the day of next an answer in writing stating whether you dissent or not in respect of the taking of the lands described in the said schedule. A copy of the said scheme, accompanied by maps, particulars and estimates, has been deposited at and may be seen at all reasonable hours. Schedule referred to in the foregoing Notice Name of Street, Court, Alley, or other Place. Descripton of Landsi proposed to be taken. Owner or reputed Ovmer. Lessee or reputed Lessee. Occupier. Dated this day of , 19 . Signature of Clerk of Local Authority > " Lands " includes messuages, tenements, hereditaments, houses, and buildings of any tenure, and any right over land. 588 APPENDIX in Forms suggested. Part I. scheme. Form of Notice to Occupiers {Section 7, 1890 Act.) HOUSING ACTS, 1890 TO 1919 Notice to occupier or occupiers {not being owners or reputed owners, or lessees, or reputed lessees, or tenants for a month or a less period than a month) of intention to take lands compulsorily under an Improvement Scheme. To {insert name of occupier) the land ' the occupier of or [To the occupier or occupiers of the house] ^ which in the schedule hereunder is described as the lands proposed to be taken. Take Notice that a petition is about to be presented by the Council of to the Minister of Health in pursuance of Part I of the Housing of the Working Classes Act, 1890, as amended by subsequent Acts, praying that an order may be made confirming an improvement scheme whereby it is proposed to take compulsorily the lands described in the schedule here- under. A copy of the said scheme, accompanied by maps, particulars and estimates, has been deposited at ' and may be seen at all reasonable hours. Schedule referred to in the foregoing Notice Name of Street, Court, Alley or other Place. Description of Landsi proposed to be taken. Dated this day of , Signature of Clerk of Local Authority . 19 * " Lands " includes messuages, tenements, hereditaments, houses, and buildings of any tenure, and any right over land. * The alternative address within these brackets is available only where the property to be taken is a house. ^ The place of deposit must be within the area or in the vicinity thereof, see Section 7 (a) of tlxe Act of 1890. unhealthy areas 589 7 — Instructions as to Application for Confirmation OF Part I Scheme {Section 8, 1890 Act.) The application must be made by a petition which should be accompanied by : — (1) A copy of the official representation. (2) Two copies of the improvement scheme. (3) Particulars and estimates as specified on page (4) Two copies, mounted on linen, of the maps specified on pages and (5) The book of reference. (6) Information as to the rates of mortality in the area comprised in the scheme, as compared with the rates for the whole of the district. (7) A detailed statement showing as regards each house in the area comprised in the scheme which is occupied by persons of the working classes — {a) the number of such occupants ; (&) the weekly rent paid ; (c) the occupations and places of employment of the tenants. (8) A detailed statement showing the number of empty houses fit for habitation and suitable for persons of the working classes, within a distance of half a mile from the area comprised in the scheme, together with information as to the rentals of such houses. (9) A certificate signed by the clerk to the local authority, or other person competent to give such certificate, of the publication of an adver- tisement in accordance with the requirements of section 7 (a) of the Act of 1890 as amended by section 5 of the Act of 1903, and section 39 of the Act of 1919. (10) A certificate signed by the clerk to the local authority, or other person competent to give such certificate, of compliance with the re- quirements of section 7 of the Act of 1890, as amended by section 5 of the Act of 1903 and section 39 of the Act of 1919, as to the service of notices. 590 APPENDIX m Forms suggested, Part I. scheme. 8 — Form of Petition {Section 8, 1890 Act.) HOUSING ACTS, 1890 TO 1919 Improvement Scheme, 19 . To the Minister of Health : — Petition of the {name of Local Authority). (hereinafter called "the Council.") Sheweth as follows : — 1. An official representation, of which a copy is annexed, has been made to the Council by their medical officer of health pursuant to the provisions of Part I of the Housing of the Working Classes Act, 1890. 2. The official representation was taken into con- sideration by the Council at a meeting held on the day of 19 , and the Council, being satisfied of the truth thereof and of the sufficiency of their resources, passed a resolution to the effect that an improvement scheme ought to be made in respect of the area referred to in the resolution. 3. A copy of the scheme made by the Council, with maps, particulars and estimates (in duplicate) is annexed. 4. The names of the owners, or reputed owners, lessees or reputed lessees, who have dissented in respect of the taking of their lands for the purposes of the scheme are set out in the schedule hereto. The Council pray that an order may be made confirming the scheme. the schedule referred TO Owners or reputed Owners. Lessees or reputed Lessees. Number of property in book of reference. (L.S.) (Date) , (Signed) , Chairman of Council. Clerk. UNFIT HOUSES 591 Part II Schemes Forms 1 (a) — Form of Report of the Medical Officer of pSt^n.^ Health scheme. {Section 39, 1890 Act.) Name of Local Authority HOUSING ACTS, 1890 TO 1919 Designation of Area Report of the medical officer of health with a view to proceedings under section 39 ^ of the Housing of the Working Classes Act, 1890. To the {Name of Local Authority) of I, medical officer of health for , do hereby report that orders have been made for the demoUtion of the buildings described in the schedule hereto, and, in my opinion, it would be beneficial to the health of the inhabitants of the neighbouring dwelling houses if the area of the dwelhng houses of which such buildings form or formed part were used for all or any of the following purposes, that is to say — {delete what is not relevant) — (1) dedicated as a highway or open space, or (2) appropriated, sold or let, for the erection of dwellings for the working classes, or (3) exchanged with other neighbouring land which is more suitable for the erection of such dweUings, and on exchange will be appropriated, sold or let for such erection. The reasons for my opinion are : — SCHEDULE referred TO {Here specify buildings in respect of which Demolition Orders have been made). (Signature of Medical Officer of Health) (Date),^ ^ This form is included for the purpose of any case arising under sub-section (1) (a), but the majority of cases will no doubt fall under sub-section (1) (6), for the purposes of which the following form ia suggested. 592 APPENDIX III Forma suggested. Part II. scheme. 1 (6) — Form of Report of the Medical Officer of Health {Section 39, 1890 Act.) Name of Local Authority housing acts, 1890 TO 1919 Designation of Area Report of the medical officer of health with a view to proceedings under section 39 of the Housing of the Working Classes Act, 1890. To the {Name of Local Authority) I, medical officer of health for , do hereby report that in my opinion the closeness, narrow- ness, and bad arrangement or bad condition of the buildings comprised in the area described in the schedule hereto, or the want of light, air, ventilation or proper conveniences, or other sanitary defects in such buildings are dangerous or prejudicial to the health of the in- habitants, of the said buildings or of the neighbouring buildings, and that the demolition or the reconstruction and re-arrangement of the said buildings or of some of them is necessary to remedy the said evils. (Signature of Medical Officer of Health) (Date) 19 SCHEDULE REFERRED TO {Here define area of improvement scheme. The area may also be coloured on an accompanying map.) 2 — Resolution of Local Authority directing a Scheme to be prepared for an Improvement Scheme under Section 39 (1) (6) in Part II of the Housing of the Working Classes Act, 1890 Resolved — (1) That the Council, having taken into consideration the report of the medical officer of health, dated the day of 19 , with reference to the area {insert description of area) , and being of opinion that the area is one to which the provisions of section 39 (1) (6) of the Housing of the Working Classes UNFIT HOUSES 593 Act, 1890, apply, hereby direct a scheme to be prepared Forms for the improvement of the area.* pSt^iL ' Resolved— "«^«™«- (2) That the clerk be instructed to prepare a draft scheme in accordance with the provisions of Part II of the Housing of the Working Classes Act, 1890, as amended by subsequent Acts, and that the surveyor prepare the necessary plans, particulars and estimates. 3 — Maps, Particulars, Estimates, &c. {Section 39, 1890 Act.) As in Part I Scheme, see page 582. 4 — Form of Clauses for Part II Schemes (Section 39, 1890 Act.) As in Part I Scheme, see page 584. 5 — Resolution of Local Authority making an Improvement Scheme under Section 39 (1) (&) in Part II of the Housing of the Working Classes Act, 1890 Resolved — That the scheme under section 39 (1) (6) in Part II of the Housing of the Working Classes Act, 1890, as amended by subsequent Acts, now submitted, for the improvement of the area (insert description of area), together with the plans, particulars, and estimates relating to the said scheme be, and the same are hereby made and adopted, and that all necessary steps be taken for obtaining sanction thereto. I 6 — Form of Notice to Owners and Lessees {Section 39 (2), 1890 Act.) HOUSING ACTS. 1890 TO 1919 Notice to owner or reputed owner, lessee or reputed lessee, of Improvement Scheme under Section 39 of the Housing of the Working Classes Act, 1890 ^ If neighbouring lands are added to make the scheme efficient the resolution should be extended. 38 594 APPENDIX III Forms suggested, Part II. scheme. To {name, residence, or place of business, and description, where known, of owner or reputed oivner, lessee or reputed lessee, as the case may require). Take Notice that a petition is about to be presented by the {description of Local Authority) to the Minister of Health in pursuance of Part II of the Housing of the Working Classes Act, 1890, as amended by subsequent Acts, praying that an order may be made sanctioning an improvement scheme, whereby it is proposed to take by agreement or compulsorily the lands described in the schedule hereunder, in which lands you are believed to be interested, as owner or reputed owner, or lessee or reputed lessee. You are therefore hereby required to return to me on or before the day of next an answer in writing stating whether you dissent or not in respect of the taking of the lands described in the said schedule. A copy of the said scheme, accompanied by maps, particulars and estimates, has been deposited at ^ and may be seen at all reasonable hours. Schedule referred to in the foregoing Notice Name of Street, Description of Owner or Lessee or Court, Alley, or Lands2 proposed reputed reputed Occupier. other Place. to be taken. Owner. Lessee. Dated this day of 19 Signature of Clerk of Local Authority . 1 The place of deposit should be within the area or in the vicinity thereof. * " Lands " includes messuages, tenements, hereditaments, houses, and buildings of any tenure, and any rights over land. tTNFIT HOUSES 595 -LJ- Forms Form of Notice to Occupiers ^ Sf iT*^' {Section 39 (2), 1890 Act.) scheme. HOUSING ACTS, 1890 TO 1919 Notice to occupier or occupiers {not being owners or reputed owners or lessees or reputed lessees of an Improvement Scheme under Section 39 of the Housing of the Workina Classes Act, 1890) To {insert name of occupier) the occupier of the land or [To the occupier or occupiers of the house] - which in the schedule hereunder is described as the lands proposed to be taken. Take Notice that a petition is about to be presented by the {insert designation of Local Authority) to the Minister of Health in pursuance of Part II of the Housing of the Working Classes Act, 1890, as amended by subsequent Acts, praying that an order may be made sanctioning an improvement scheme, whereby it is proposed to take by agreement or compulsorily the lands described in the schedule hereunder. A copy of the said scheme, accompanied by maps particulars and estimates, has been deposited at ' and may be seen at all reasonable hours. Schedule referred to in the foregoing Notice Name of Street, Court, AUey or other Place. Description of Lands 4 proposed to be taken. Dated this day of , 19 . Signature of Clerk of Local Authority 1 Application may be made to the Minister of Health to dispense under section 41 (2) of the Act of 1909 with the service of thifSe ^month'^' ''''^^"'^^' °f ^ *«=^ant for a month or a less period than w>.lPfi.^^*^''''^*'7^ ^^^J"^^^ ^t*iin these brackets is available only where the property to be taken is a house thereof'' ^^^^^ °^ deposit should be within the area or in the vicinity K„*i^'"'"^'^^^r ^"^^^^®3 messuages, tenements, hereditaments, houses bmldmgs and of any tenure, and any right over land. 596 APPENDIX in Forma suggested. Part II. scheme. 7 — Instructions as to Application for Sanction to Part II Scheme {Section 39 (3), 1890 Act.) Application must be by a petition, which should be accompanied by : — (1) A copy of any relevant report of the medical officer of health or of a committee in regard to the area to which the scheme relates. (2) A copy of the resolution of the local authority under section 39 (1) of the Act of 1890. (3) The documents and particulars specified under headings (2) to (8), on page 589. (4) A certificate signed by the clerk to the local authority, or other person competent to give such certificate, of compliance with the require- ments of sections 39 (2) and 7 (6), (c) and (d) of the Act of 1890 as amended by section 5 of the Act of 1903 and section 39 of the Act of 1919, as to the service of notices. (5) A statement of the names of all the owners or reputed owners, lessees or reputed lessees, who have dissented in respect of the taking of their lands. 8 — Form of Petition {Section 39 (3), 1890 Act.) Name of Local Authority housing acts, 1890 TO 1919 Improvement Scheme, 19 . To the Minister of Health. Petition of the {name of Local Authority). (hereinafter called " the Council ") Sheweth as follows : — 1. A report, a copy of which is annexed, has been made to the Council by their medical officer of health, relating to an area specified in the report. 2. The report was taken into consideration by the Council at a meeting held on the day of 19 , and as it appeared to them that the area was one to which the provisions of section 39 (1) UNDERGROUND ROOMS 697 (6) of the Housing of the Working Classes Act, 1890, as amended by subsequent Acts, apply, they passed a resolution to that effect and directed a scheme to be prepared for the improvement of the area referred to in the resolution. 3. A copy of the scheme made by the Council, with maps, particulars and estimates (in duplicate) is annexed. 4. The names of the owners or reputed owners, lessees or reputed lessees, who have dissented in respect of the taking of their lands for the purposes of the scheme, are set out in the schedule hereto. The Council pray that an order may be made sanctioning the scheme. THE SCHEDULE REFERRED TO Owners or reputed Owners. Number of Property in Book of Reference. (L.S.) Date. (Signed) , 19 Chairman of Council. Cierk. REGULATIONS OF LOCAL AUTHORITY IN Under- REGARD TO UNDERGROUND ROOMS USED foZs, AS SLEEPING PLACES S^^ft ' Regulations. [Draft Clauses suggested by the Local Government Board in Circular dated 17 th April 1914) Regulations prescribed by the UNDER Section 17 (7) of the Housing, Town Planning, &c., Act, 1909 Every room habitually used as a sleeping place the surface of the floor of which is more than three feet below 598 APPENDIX III Under- ground Rooms, Draft Regulations. the surface of the part of the street adjoining or nearest to the room shall comply with the following regulations, namely : — 1. The subsoil of the site of the room shall be efipectually drained by means of a properly trapped and ventilated subsoil drain wherever the dampness of the site renders such a precaution necessary. 2. Every drain passing under the room, other than a drain for the drainage of the subsoil of the site of the room, shall be gas-tight and water-tight. 3. The room shall be effectually protected against the rising of any effluvium or exhalation by being properly asphalted, or by being covered with a layer of good cement concrete at least six inches thick, or four inches thick if properly grouted, laid upon the ground of the site of the entire room, or in some equally effectual manner. 4. The space if any beneath the floor of the room shall be provided with adequate means of ventilation. 5. (i) Every wall of the room shall be provided with an efl&cient horizontal damp-proof course, which shall be composed of materials impervious to moisture, and shall if the floor of the room be formed of woodwork be beneath the level of the lowest timbers or wordwork of such floor, and shall in every other case be not less than one inch below the level of the upper surface of such floor. (ii) No part of any wall of the room shall, where it is practicable to avoid it, be in contact with the ground or earth. Provided that where any wall of the room is in contrast with the ground or earth, such wall or such part thereof as is so in contact shall, unless constructed as a hollow wall, have an efficient vertical damp-proof course ex- tending from the lowest horizontal damp-proof course therein to a height of at least six inches above the surface of the contiguous ground or earth. 6. Unless the room is provided with a fireplace and a flue properly constructed and properly connected with such fireplace, it shall be provided with special and ade- quate means of ventilation by one or more suitably placed apertures or air shafts. 7. An area or open space properly paved with imper- vious material and effectually drained by means of a UNDERGROUND ROOMS 599 properly trapped gulley, shall adjoin the room and shall Under- extend either— g°^^^^ (a) throughout the entire length of one side thereof ; Draft or Regulations. (6) at least throughout the entire width of any window or windows required by these regulations and (except where the area of such window or windows shall be not less than one-seventh of the floor area of the room) for three feet on each side of such window or windows. Any such area shall be not less than two feet wide in every part thereof, and shall be open upwards from a level three inches below the level of the damp-proof course in the adjoining wall of the room. Provided (a) that where a bay window in the room having side lights overlooks such an area the width thereof in front of such window may be one foot at the least ; and (6) that any steps necessary for access to any part of the building comprising the room may be placed in or over such an area or open space if they are so placed as not to be over or across any window of the room required by the regulation in that behalf. 8. (i) The room shall be effectually lighted by means of one or more windows opening directly into the external air. (ii) Every such window shall be so constructed that one-half at the least may be opened, and that the opening may extend to the top of the window. (iii) The total area of such window or windows clear of the sash frames shall be equal at the least to one-eighth of the floor area of the room, and a portion of such total area equal in extent to at least one-tenth of such floor area shall be so situated that a line making an angle of thirty degrees with a horizontal plane can be drawn upwards from any point thereon in a vertical plane at right angles to the plane of the window, so as not to intersect within a distance of ten feet measured horizon- tally from the window any wall of any area adjoining the room, or any other wall or any kerb or other obstruc- tion except an open fence. For the purposes of this paragraph a bay window having side lights shall be assumed to be equivalent to a flat window of the same area and of the same height in 600 APPENDIX m Under- ground Rooms, Draft Regulations relation to the room, and situated at a distance from the outside area wall equal to the mean width of the area. (iv) In estimating the area of a window or windows for the purpose of this regulation no account shall be taken of any part of any such window which is above the mean level of the ceiling of the room. (v) Any such window or windows shall overlook the area or open space provided in pursuance of the regulation in that behalf. APPENDIX IV OTHER PARTS I AND II DOCUMENTS, MAINLY RELATING TO A HOUSE OR HOUSES OUT OF REPAIR OR OTHERWISE UNFIT Statutory Rules and Orders, 1910, No. 2 HOUSING OF THE WORKING CLASSES, ENGLAND FORMS Order of the Local Government, dated 11th January 1910, Forms. under section 41 of the Housing, Town Planning, dsc, (Keeping Act, 1909 (9 Edw. 7. c. 44), prescribing Forms of repair.) certain Notices and other Documents 54,930 To the several local authorities in England and Wales for the purposes of Part I of the Housing, Town Planning, &c.. Act, 1909 ;— And to aU others whom it may concern. Whereas by section 41 of the Housing, Town Plan- ning, &c., Act, 1909, it is enacted as follows : — The Local Government Board may by order prescribe the form of any notice, advertisement, or other document, to be used in connection with the powers and duties of a local authority or of the Board under the Housing Acts, and the forms so prescribed, or forms as near thereto as circumstances admit, shall be used in all cases to which those forms are applicable : And whereas, by virtue of section 51 of the Housing, Town Planning, &c., Act, 1909, in Part I of that Act the expression " Housing Acts " means the Housing of the Working Classes Act, 1890, and any Act amending that Act, including the Housing, Town Planning, &c.. Act, 1909: 601 602 APPENDIX IV Forms. (Keeping houses in repair. ) Now therefore, we, the Local Government Board, by this order, do prescribe the several forms hereinafter set forth as the forms of certain notices and other docu- ments to be used in connection with the powers and duties of a local authority under the Housing Acts. {As to partial repeal, see page 610.) HOUSING, TOWN PLANNING, &c., ACTT, 1909 Part I Section 15 (2) Form No. 1 Form of Notice by person authorised hy the local authority before entry for the purpose of viewing the state and con- dition of a house to which section 15 of the Housing, Town Planning, cfcc, Act, 1909, applies. To ' the ' of the house ' Take Notice that in pursuance of subsection (2) of section 15 of the Housing, Town Planning, &c.. Act, 1909, I,* being a person duly authorised in writing by the * intend, on the f day of , 19 , at any time between the hours of § in the forenoon and in the afternoon, to enter the above-mentioned house for the purpose of viewing the state and condition thereof. Dated this day of , 19 . Signature 1 of person Description ^authorised Residence or Place of Business J to enter. Directions for filling up this form Insert — ^ The name and description, where known, of tenant or occupier. * "Tenant" or "occupier." 3 Such a description of the house as may be sufficient identification. * Name and description of person authorised by the local authority to enter. ^ Description of the local authority. f Twenty-four hours^ notice must be given. § Entry must beat reasonable times of the day. ] PARTS I AND n DOCUMENTS 603 HOUSING, TOWN PLANNING, &c., ACT, 1909 Forms. (Keeping Part I hoiises in Section 15 (3) Form No. 2 Form of Notice requiring landlord to execute works in the case of a house to which section 15 of the Housing, Town Planning, dhc, Act, 1909, applies. To 1 , the landlord of the house ' Take Notice — That it appears to the ' that the undertaking implied by virtue of section 15 of the Housing, Town Planning, &c., Act, 1909, to the effect that the above-mentioned house to which that section applies shall be kept by you in aU respects reason- ably fit for human habitation, has not been complied with ; And that, in pursuance of subsection (3) of the said section, the said ' do hereby require you within a period of f days, ending on the day of , One thousand nine hundred and , to execute the works herein specified as being necessary to make the said house in all respects reasonably fit for human habi- tation, that is to say, the several works hereinafter set forth, namely * — Dated this day of , 19 . Signature of clerk of local authority Directions for filling up this form Insert — 1 Name, residence or place of business, and description, where known, of landlord. * Such a description of the house as may be sufficient for its identification. 3 Description of the local authority. * Description of works to be executed. t A reasonable time, not being less than twenty-one days, must be specified. Note. — By subsection (4) of section 15 of the Housing, Town Planning, &c., Act, 1909, it is provided that — Within twenty-one days after the receipt of such notice [i.e. repair. ) 604 APPENDIX IV Forms. ^ written notice by the local authority to the landlord pursuant (Keeping to section 15 (3)] the landlord may by written notice to the local houses in authority declare his intention of closing the house for human repair. ) habitation, and thereupon a closing order shall be deemed to have become operative in respect of such house. Subsection (5) of that section is in these terms : — If the notice given by the local authority is not complied with, and if the landlord has not given the notice mentioned in the immediately preceding subsection, the authority may, at the expiration of the time specified in the notice given by them to the landlord, do the work reqmred to be done and recover the expenses incurred by them in so doing from the landlord as a civil debt in manner provided by the Summary Jurisdiction Acts, or, if they think fit, the authority may by order declare any such expenses to be payable by annual instalments within a period not exceeding that of the interest of the landlord in the house, nor in any case five years, with interest at a rate not exceeding five pounds per cent, per annum, until the whole amount is paid, and any such instalments or interest or any part thereof may be recovered from the landlord as a civil debt in manner provided by the Simamary Jurisdiction Acts. With respect to appeals, subsection (6) of the same section enacts as follows : — A landlord may appeal to the Local Government Board against any notice requiring him to execute works under this section, and against any demand for the recovery of expenses from him under this section or order made with respect to those expenses under this section by the authority, by giving notice of appeal to the Board within twenty-one days after the notice is received, or the demand or order is made, as the case may be, and no proceedings shall be taken in respect of such notice requiring works, order, or demand, whilst the appeal is pending. And section 39 contains the following provisions : — (I.) The procedure on any appeal under this Part [i.e. Part I] of this Act, including costs, to the Local Government Board shall be such as the Board may by rules determine, and on any such appeal the Board may make such order in the matter as they think equitable, and any order so made shall be binding and conclusive on all parties, and, where the appeal is against any notice, order, or apportionment given or made by the local authority, the notice, order, or apportionment may be confirmed, varied, or quashed, as the Board think just. Provided that — (a) the Local Government Board may at any stage of the pro- ceedings on appeal, and shaU, if so directed by the High Court, state in the form of a special case for the opinion of the court any question of law arising in the course of the appeal ; and (b) the rules shall provide that the Local Government Board shall not dismiss any appeal without having first held a public local inquiry. (2.) Any notice, order, or apportionment as respects which an appeal to the Local Government Board is given under this Part of this Act shall not become operative, until either the time within which an appeal can be made under this Part of this Act has elapsed without an appeal being made, or in case an appeal is made, the appeal is determined or abandoned, and no work shall be done or proceedings taken under any such notice, order, or apportionment, until it becomes operative. (3.) The Local Government Board may, before considering any PARTS I AND n DOCUMENTS 605 appeal which may be made to them under this Part of this Act, Forms. require the appellant to deposit such sum to cover the costs of (Keeping the appeal as may be fixed by the rules made by them with refer- houses in ence to appeals. repair.) For Rules determining the procedure on any such appeal, see page 608. HOUSING, TOWN PLANNING, &c., ACT, 1909 Part I Section 15 (4) Form No. 3 Form of Notice declaring intention of landlord to close for hinnan habitation a house to which section 15 of the Housing, Town Planriing, <&;c.. Act, 1919, applies. To thei Whereas by a notice dated the day of , 19 , the local authority in pursuance of subsection (3) of section 15 of the Housing, Town Planning, &c., Act, 1909, have required the landlord of the house ' to execute, within the time specified in that notice, such works as are specified in the said notice as being necessary to make the said house in all respects reasonably fit for human habitation : Now therefore, I, the landlord, do by this notice declare my intention of closing the said house for liuman habitation. As witness my hand this day of , 19 • Signature \ Residence or Place of Business ^ of Landlord, Description j Directions for filling up this form Insert — ^ Description of the local authority. ^ Such a description of the house as may be sufficient for its identification. Note. — By subsection (4) of section 15 of the Housing, Town Plan- ning, &c., Act, 1909, it is provided that within twenty-one days after the receipt of the notice of the local authority in pursuance of sub- section (3) of that section, the landlord may by written notice to the local authority declare his intention of closing the house for human habitation, and thereupon a closing order shall be deemed to have become operative in respect of such house. 606 APPENDIX IV Forms. (Keeping houses in repair. ) HOUSING, TOWN PLANNING, &c., ACT, 1909 Part I Section 15 (5) Form No. 4 Form of Order declaring Expenses incurred by the local authority in the case of a house to which section 15 of the Housing, Town Planning, cfcc, Act, 1909, applies to be payable by Annual Instalments. To 1 , the landlord of the house ^ Whereas by a notice dated the day of , 19 , we, the ^ in pursuance of subsection (3) of section 15 of the Housing, Town Planning, &c., Act, 1909, have required the land- lord of the above-mentioned house to execute, within the time specified in that notice, the works specified in the said notice as being necessary to make the said house in all respects reasonably fit for human habitation ; And whereas the said notice has not been complied with and the landlord has not given in pursuance of sub- section (4) of the said section a notice declaring his intention of closing the said house for human habitation ; And whereas we, the said * in pursuance of subsection (5) of the same section have done the work required to be done, and have incurred in so doing expenses amounting to the sum of £ : : Now therefore, we, the said * do, by this our order, declare that the said expenses amounting to the sum of £ : : shall be payable by annual instalments within a period not exceeding f years, with interest at the rate of § pounds per cent, per annum, until the whole amount is paid. Dated this day of , 19 . {To be sealed tvith the common seal of the local authority) Signature of clerk of local authority Directions for filling up this form Insert — * Name, residence or place of business, and description, where known, of landlord. 2 Such a description of the house as may be sufficient for its identification. PARTS I AND II DOCUMENTS 607 3 Description of the local authority. Forms. t The period to be specified must not exceed that of the interest of the (Keeping landlord in the house, nor in any case five years. houses in § The rate of interest must not exceed five pounds per cent, per annum, repair.) Note. — By subsection (5) of section 15 of the Housing, Town Plan- ning, &c.. Act, 1909, it is provided that any instalments or interest or any part of any instalment or interest under an order of the local authority declaring their expenses to be payable by annual instalments may be recovered from the landlord as a civil debt in manner provided by the Summary Jurisdiction Acts. With respect to appeals, subsection (6) of the same section enacts as follows : — A landlord may appeal to the Local Government Board against any notice requiring him to execute works under this section, and against any demand for the recovery of expenses from him under this section or order made with respect to those expenses under this section by the authority, by giving notice of appeal to the Board within twenty-one days after the notice is received, or the demand or order is made, as the case may be, and no pro- ceedings shall be taken in respect of such notice requiring works, order, or demand whilst the appeal is pending. And section 39 contains the following provisions : — (1.) The procedure on any appeal under this Part [i.e. Part I] of this Act, including costs, to the Local Government Board shall be such as the Board may by rules determine, and on any such appeal the Board may make such order in the matter as they think equitable, and any order so made shall be binding and conclusive on all parties, and, where the appeal is against any notice, order, or apportionment given or made by the local authority, the notice, order, or apportionment may be confirmed, varied or quashed, as the Board think just. Provided that — (a) the Local Government Board may at any stage of the pro- ceedings on appeal, and shall, if so directed by the High Coiirt, state in the form of a special case for the opinion of the court any question of law arising in the course of the appeal ; and (6) the rules shall provide that the Local Government Board shall not dismiss any appeal without having first held a public local inquiry. (2.) Any notice, order, or apportionment as respects which an appeal to the Local Government Board is given under this Part of this Act shall not become operative, mitil either the time within which an appeal can be made under this Part of this Act has elapsed without an appeal being made, or, in case an appeal is made, the appeal is determined or abandoned, and no work shall be done or proceedings taken under any such notice, order, or apportionment, until it becomes operative. (3.) The Local Government Board may, before considering any appeal which may be made to them under this Part of this Act, require the appellant to deposit such sum to cover the costs of the appeal as may be fixed by the rules made by them with reference to appeals. For Rules determining the procedure on any such appeal, see page 608. [Note. — The remainder of this order is repealed by S.R. & O., 1919, No. 1424, see page 610.] 608 APPENDIX IV 65,473 {lOth October 1919.) Statutory Rules and Orders, 1919, No. 1423 Appeal THE HOUSING ACTS (APPEAL PROCEDURE) RuTef"" RULES, 1919 Made by the Minister op Health with reference TO Procedure on Appeals under Section 39 of the Housing, Town Planning, &c., Act, 1909 The Minister of Health, under the powers conferred on him by section 39 of the Housing, Town Planning, &c., Act, 1909, and all other powers enabUng him in that behalf, hereby revokes the rules with reference to appeals made by the Local Government Board on the 11th day of January 1910, and makes the following rules : — Article I — These rules may be cited as " The Housing Acts (Appeal Procedure) Rules, 1919." Article II — (1) An appeal to the Minister of Health under Part I of the Housing, Town Planning, &c.. Act, 1909, shall be made by sending to the Minister a notice of appeal in the form prescribed by the Housing Acts (Form of Orders and Notices) Order, 1919, signed by the appellant or by his duly authorised agent, together with the original notice, order, or demand appealed against or a true copy thereof. (2) The appellant shall notify the local authority forthwith of any appeal to the Minister of Health. (3.) The appellant shall send to the Minister either with his notice of appeal, or within fourteen days there- after, a concise statement in writing of the facts and contentions on which he rehes. (4) The appellant shall deposit with the Minister within fourteen days from the date of his notice of appeal the sum of ten pounds, provided that the Minister may, if he thinks fit, require the deposit of a less sum than ten pounds or may dispense with the deposit. Article III — The Minister shall, as soon as may be after receipt of the statement aforesaid, send to the local authority a copy of the notice of appeal and of the said statement. Article IV — The local authority shall, within ten PARTS I AND II DOCUMENTS 609 days after the receipt by them of the said notification, Appeal inform the Minister whether and to what extent they procedure admit the facts stated in the appellant's documents, and shall send to the Minister a concise statement of the facts and contentions on which they rely. Article V — (1) The Minister may at any stage of the proceedings allow the amendment of any notice, state- ment, or particulars on such terms as he may think fit. (2) The Minister may at any time require the appellant or the local authority to furnish in writing such further particulars as he may think necessary. Article VI — The Minister shall not dismiss any appeal without having first held a public local inquiry, unless the appellant has failed to prosecute his appeal with due diligence, in which event the Minister may determine the appeal summarily. Article VII — The costs of any appeal, including the costs of any public local inquiry held in connection there- with, shall be in the discretion of the Minister, who may direct to and by whom and in what manner those costs or any part thereof shall be paid and may tax or settle the amount of costs to be so paid or any part thereof. Article VIII — The Minister may, if he thinks fit, and subject to such conditions as he may impose, proceed with the consideration of any appeal notwithstanding any failure or omission by any person to comply with any of the requirements of these rules. Given under the official seal of the Minister of Health, this Tenth day of October, in the year One thousand nine hundred and nineteen. (l.s.) I. G. Gibbon, Assistant Secretary, Ministry of Health. 39 010 APPENDIX IV 65,480 [lOth October 1919.) Statutory Rules and Orders, No. 1424 THE HOUSING ACTS (FORM OF ORDERS AND NOTICES) ORDER, 1919, DATED THE 10th DAY OF OCTOBER, 1919 Made by the Minister of Health under section 41 OF THE Housing, Town Planning, &c., Act, 1909, Prescribing Forms or certain Notices and OTHER Documents The Minister of Health, under the powers conferred on him by section 41 of the Housing, Town Planning, &c., Act, 1909, and by all other powers enabling him in that behalf hereby makes the following order ; — Article I — This order may be cited as •' the Housing Acts (Form of Orders and Notices) Order, 1919." Article II — The forms set out in the schedule hereto, or forms substantially to the like effect, shall be the forms to be used in connection with the powers and duties of a local authority under the Housing Acts, 1890 to 1919, in all cases to which those forms are applicable. Article III — The order of the Local Government Board dated the 11th day of January 1910 (S. R. & 0. No. 2, 1910), is hereby revoked except in so far as it prescribed a form or forms for use under section 15 of the Housing, Town Planning, &c., Act, 1909. SCHEDULE Form No. 1 — Form of notice by person authorised by the local authority or Minister of Health befoi'e entry for the purpose of survey and examination, or valuation, under section 36 of the Housing, Town Planning, &c.. Act, 1909. Form No. 2 — Form of notice requiring owner to execute works in the case of a house to which section 28 of the Housing, Town Planning, &c., Act, 1919, applies. Form No. 3 — Form of notice declaring intention of owner to close for human habitation a house, to which section 28 of the Housing, Town Planning, &c., Act, 1919, applies. Form No. 4 — Form of order declaring expenses incurred by the local authority in the case of a house to which section 28 of the Housing, Town Planning, &c., Act, 1919, applies, to be payable by monthly or annual instalments. Form No. 5 — Form of Closing Order. Form No. 6 — Form of Notice of Closing Order. Form No. 7 — Form of Notice of Appeal against a Closing Order. Form No. 8 — Form of Notice of Closing Order which has become Operative. PARTS I AND II DOCUMENTS 611 Form No. 9 — Form of Order Determining Closing Order. orins. Form No. 10 — Form of Notice of Refusal of Local Authority to Deter- mine a Closing Order. Form No. 11— Form of Notice of Appeal against Refusal of Local Authority to Determine a Closing Order. Form No. 12 — Form of Notice of Time and Place at which the Ques- tion of the Demolition of a Dwelling-house will be considered. Form No. 13 — Form of Order for Demolition of a Dwelling-house. Form No. 14 — Form of Notice of Order for Demolition of a Dwelling- house. Form No. 15 — Form of Notice of Appeal against a Demolition Order. Form No. 16 — Form of Order for Demolition of Building being, or being part of a Dwelling-house, the continuance of which is a nuisance or dangerous or injurious to the health of the Public or of the inhabitants of the neighbouring Dwelling-houses. Form No. 17. — Form of Notice of Order for Demolition of Building being, or being part of a Dwelling-house, the continviance of which is a nuisance or dangerous or injiu-ious to the health of the Public or of the inhabitants of the neighbouring Dwelling- houses. Form No. 18 — Form of Notice of Appeal against an Order for the Demolition of Building being, or being part of a Dwelling-house, the continuance of which is a nuisance or dangerous or injurious to the health of the Public or of the inhabitants of the neighbouring Dwelling-houses. Form No. 19 — Form of Order postponing Operation of Order for Demolition of a Dwelling-house. Form No. 20 — Form of Order determining Closing and Demolition Orders. Form No. 1 Form of Notice by Persons authorised by the Local Authority or Minister of Health before entry for the purpose of survey and examination for valuation under section 36 of the housing, Town Planning, &c., Act, 1909 HOUSING ACTS, 1890 to 1919 To 1 * the 2 of the house ' buildings ' premises * Take Notice that in pursuance of section 36 of the Housing, Town Planning, &c., Act, 1909, I,* being a person duly authorised in writing by the ° intend, on the f day of 19 , at any time between the hours of { in the forenoon and in the afternoon, to enter the above-mentioned house for the purpose of survey and examination or survey or valuation. Dated this day of , 19 • Signature ^ of person Description - authorised Residence or Place of Business I to enter. 612 APPENDIX IV Forms. Directions for filling up this form Insert — ^ The name and description, where known, of occupier or owner, * " Occupier " or " owner." ' Such a description of the house, buildings or premises as may be sufficient for identification. Strike out the words not required. * Name and description of person authorised by the local authority to enter. ^ Description of the local authority. * Notice 7nust be given to the occupier and also to the owner if the oivner is known. Notice may be given to the occupier by leaving a notice addressed to the occupier, without name or further description, at the house, b'lildings or premises. ■f Twenty- four hours' notice must be given. J Entry must be at reaso nable times of the day. Form No. 2 Form of Notice requiring Owner to execute works in the case of a house to which section 28 of THE Housing, Town Planning, &c., Act, 1919, APPLIES HOUSING ACTS, 1890 to 1919 To ' , the owner of the house ^ Take Notice : — That it appears to the * that the above-mentioned house is a house suitable for occupation by persons of the working classes, and that you have failed to make and keep it in all respects reason- ably fit for human habitation ; And that, in pursuance of subsection (1) of section 28 of the Housing, Town Planning, &c., Act, 1919, the said ' do hereby require you within a period of * days, ending on the day of , 19 , to execute the following works as being necessary to make the said house in all respects reasonably fit for human habitation, namely * — Dated this day of , 19 . Signature of clerk of local authority Note. — Under section 28 of the Housing, Town Planning, &c., Act, 1919, if the owner of any house suitable for occupation by persons of the working classes fails to make and keep such house in all respects reasonably fit for human habitation, the local authority may serve a notice on the owner requiring him within a reasonable time, not being less than twenty-one days, specified in the notice, to execute such works as may be necessary to make the house in nil respects PARTS I AND n DOCUMENTS 613 reasonably fit for human habitation. Provided that if the house is Forms, not capable without reconstruction of being rendered fit for human habitation, the owner may within twenty-one days after the receipt of the notice requiring the execution of such works, by written notice to the local authority declare his intention of closing the house for human habitation, and thereupon a closing order shall be deemed to have become operative in respect of such house. Any such declara- tion by the owner must be in the prescribed form. Any question arising under this proviso is in case of difference between the owner and the local authority, to be determined by the Minister of Health. If the notice of the local authority is not complied with, the local authority may — (o) At the expiration of the time specified in that notice, if no notice to close the house has been given by the owner ; and (b) At the expiration of twenty-one days from the determination by the Minister of Health if such notice has been given by the owner and the Minister of Health has determined that the house is capable without reconstruction of being made fit for human habitation ; do the work required to be done. Any expenses incurred by the local authority under this section may be recovered in a court of sumniary jurisdiction, together with interest at a rate not exceeding five pounds per centum per annum from the date of service of a demand for the same till payment thereof from the owner, and such expenses and interest are to be a charge on the premises until recovered. In all summary proceedings by the local authority for the recovery of any such expenses, the time within which such proceedings may be taken is to be reckoned from the date of the service of notice of demand. The local authority may by order declare any such expenses to be payable by monthly or annual instalments within a period not exceed- ing thirty years with interest at a rate not exceeding five pounds per centum per anntim from the date of the service of notice of demand until the whole amount is paid, and any such instalments and interest or any part thereof may be recovered in a summary manner from the owner or occupier, and if recovered from the occupier may be de- ducted by him from the rent of such premises. Directions for filling up this form Insert — 1 Name, residence or place of business, and description, where known, of owner. ^ Such a description of the house as may be sufficient for its identification. ^ Description of the local authority. Description of works to be executed. * A reasonable time, not being less than ticeniy one days, must be ■'specified. 614 APPENDIX IV Forms. FORM No. 3 Form or Notice declaring intention of Owner to ' close for huklan habitation a house to which section 28 of the housing, town planning, &c., Act, 1919, applies HOUSING ACTS, 1890 to 1919 To the 1 Whereas by a notice dated the day of , 19 , the local authority in pursuance of subsection (1) of section 28 of the Housing, Town Planning, &c., Act, 1919, have required the owner of the house ^ to execute, within the time specified in that notice, the works which are specified in the said notice as being necessary to make the said house in all respects reason- ably fit for human habitation ; And whereas it appears to me, the owner of the house, that the house it not capable, without reconstruction, of being rendered fit for human habitation. Now, therefore, I do by this notice declare my intention of closing the said house for human habitation. As witness my hand this day of , 19 . Signature ^ Residence or Place of Business of owner. Description J Note. — By subsection (1) of section 28 of the Housing, Town Plan- ning, &c., Act, 1919, it is provided that within twenty-one days after the receipt of the notice of the local authority in pursuance of that subsection, the owner may, if the house is not capable without re- construction of being rendered fit for human habitation, by written.] notice to the local authority declare his intention of closing the house! for human habitation, and thereupon a closing order shall be decmedj to have become operative in respect of such house. Directions for filling up this form Insert — 1 Description of the local authority. 2 Such a description of the house as may be sufficient for its! identification. PARTS I AND II DOCUMENTS 615 Form No. 4 Form of Order declaring Expenses incurred by THE Local Authority in the case of a house TO WHICH section 28 OF THE HoUSING, ToWN Planning, &c., Act, 1919, applies to be payable BY Monthly or Annual Instalments HOUSING ACTS, 1890 to 1919 To^ thefo^ne^'jof the house ' [occupier J Whereas by a notice dated the day of ,19 , we, the * in pursuance of subsection (1) of section 28 of the Housing, Town Planning, &c., Act, 1919, have required of the owner of the above-mentioned house to execute, within the time specified in that notice, the works specified in the said notice as being necessary to make the said house in all respects reasonably fit for human habitation : (a) ^ And whereas the said notice has not been complied with and the owner has not given in pursuance of the said subsection a notice declaring his intention of closing the said house for human habitation ; (6) "And whereas notice having been given by the owner in pursuance of the said subsection declar- ing his intention of closing the said house for human habitation, the Minister of Health has determined that the house is capable without reconstruction of being made fit for human habitation and twenty- one days have elapsed since the date of such determination by the . Minister of Health ; And whereas we, the said * in pursuance of subsection (2) of the same section have done the work required to be done, and have incurred in so doing expenses amounting to the sum of £ : : Now, therefore, we, the said * do, by this our order, declare that the said expenses amounting to the sum of £ : : shall be payable by - -^ i instalments of £ : : ^ '' I annual J Forms. 616 APPENDIX IV Forms. within a period not exceeding * years, with interest at the rate of f pounds per cent. per annum, until the whole amount is paid. Dated this day of , 19 . {To he sealed with the common seal of the local authority) Signature of clerk of local authority Note. — By subsection (4) of section 28 of the Housing, Town Planning, &c.. Act, 1919, it is provided that any instalment or interest or any part of any instalments or interest under an order of the local authority declaring their expenses to be payable by monthly or annual instal- ments may be recovered in a summary manner from the owner or occupier, and if recovered from the occupier may be deducted by him from the rent of the premises. Directions for filling tip this form Insert — ^ Name, residence or place of business, and description, where known, of owner or occupier. * Strike out the word not required. ' Such a description of the house as may be sufficient for its identification. * Description of the local authority. s Strike out paragraph (a) or (b) as the case may be. ^ Strike out either " monthly " or " annual." * The period to be specified must not exceed thirty years. t The rate of interest m,ust not exceed five pounds per cent, per annum. Form No. 5 Form of Closing Order HOUSING ACTS, 1890 to 1919 Whereas under subsection (2) of section 17 of the Housing, Town Planning, &c., Act, 1909, it is the duty of the local authority if, on the representation of the medical oilficer of health, or of any other officer of the local authority, or other information given, any dwelling- house appears to the local authority to be in a state so dangerous or injurious to health as to be unfit for human habitation, to make a closing order, that is to say, an order prohibiting the use of the dwelling-house for human habitation until in the judgment of the local authority the dwelling-house is rendered fit for that purpose ; And whereas it appears to the ' on '- that the dwelling-house ' is in a state so dangerous or injurious to health as to be unfit for human habitation : PARTS I AND II DOCUMENTS 017 Now, therefore, we, the said ^ Forms. in pursuance of subsection (2) of section 17 of the Housing, Town Planning, &c., Act, 1909, do, by this our order, prohibit the use of the said dwelHng-house for human habitation, until, in our judgment, it is rendered fit for that purpose. Dated this day of , 19 . {To he sealed with the common seal of the local authority) Signature of clerk of local authority Directions for filling up and adapting this form Insert — 1 Description of the local authority. * " The representation of the medical officer of health " or " the representation of the {specify the officer) " or " information given." 2 Such a description of the dwelling-house as may be sufficient for its identification. Form No. 6 Form of Notice of Closing Order HOUSING ACTS, 1890 to 1919 To ^ owner of the dwelling-house ^ Take Notice : — That the ' have in pursuance of the Housing, Town Planning, &c., Act, 1909, made a closing order prohibiting the use for human habitation of the above-mentioned dwelling- house until in the judgment of the local authority the dwelling-house is rendered fit for that purpose ; A copy * of the said closing order is annexed. Dated this day of , 19 . Signature of clerk of local authority Note. — The owner of the dwelling-house can appeal to the Minister of Health against the closing order within fourteen days after notice thereof is served on him by giving notice of appeal in the form annexed. On such an appeal the substantial question to be considered is whether the house in its present state is so dangerous or injurious to health as to be unfit for human habitation. If the owner does not appeal against the closing order, the order becomes operative at the expiration of fourteen days after it was served, and it is then the duty of the local authority to serve notice on the occupier requiring him and his family to quit the house within a specified period not being less than fourteen days. It is open to the owner to take steps to render the house fit for habitation, and when he has done so, to apply to the local authority to determine the closing order. If the local authority 618 APPENDIX IV Forms. refuse his application he may then, within fourteen days after such refusal, give notice of appeal against it to the Minister of Health. The procedure on appeal is governed by rules made by the Minister of Health. The Acts provide — (a) That the Minister of Health shall not dismiss any appeal without having first held a public local inquirj% unless the appellant fails to prosecute his appeal with due diligence ; (6) That the Minister of Health may, before considering any appeal, require the appellant to deposit such sum to cover the costs of the appeal, as may be fixed by the r\iles. The sum at present fixed is a sum not exceeding £10. Any person who lets or attempts to let or occupies or permits to be occupied any house in respect of which a closing order is in force is liable to a fine of £20. Directions for filling up this form Insert — ^ Name, residence or place of business, and description, where known, of owner. ^ Such a description of the dwelling-house as may be sxifficient for its identification. 3 Description of the local authority. * The form annexed must be filled up so as to agree with the closing order sealed by the local authority. Rules determining the procedure on any such appeal have been m,ade by the Minister of Health, and have been placed on sale {S. R. and O., 1919, No. 1423, price Id., or by post Ihd.), so that copies may be purchased, either directly or through any bookseller, from His Majesty's Stationery Office at the following addresses : Imperial House, Kingsway, London, W.C.I; 28 Abingdon Street, London, S.W.I; 37 Peter Street, Man- chester; and 1 St. Andrew's Crescent, Cardiff. (Seep. 608.) * copy of before-mentioned closing order Closing Order HOUSING ACTS, 1890 to 1919 Whereas under subsection (2) of section 17 of the Hous- ing, Town Planning, &c., Act, 1909, it is the duty of the local authority if, on the representation of the medical officer of health, or of any other officer of the local authorit}^ or other information given, any dwelling-house appears to the local authority to be in a state so dangerous or injurious to health as to be unfit for human habitation, to make a closing order, that is to say, an order prohibiting the use of the dwelling-house for human habitation until in the judgment of the local authority the dwelling-house is rendered fit for that purpose ; And whereas it appears to the on that the dwelling-house is in a state so * An exact copy oi the closing order shovld be given here. PARTS I AND II DOCUMENTS 619 dangerous or injurious to health as to be unfit for human Forms, habitation ; Now, therefore, we, the said in pursuance of subsection (2) of section 17 of the Housing. Town Planning, &c., Act, 1909, do, by this our order, prohibit the use of the said dwelling-house for human habitation, until, in our judgment, it is rendered fit for that purpose. Dated this day of , 19 . (L.S.) Signature of clerk of local authority Form of Notice of Appeal against a Closing Order HOUSING ACTS, 1890 to 1919 (Notice of appeal may be given by filling up and sending to the Minister of Health either this print or a copy of it, within fourteen days after the day on which notice of the closing order was served,) Full name of appellant Full address of appellant Full address of the dwelling-house, in respect of which the appeal is made I, the undersigned, being an owner of the above-men- tioned dwelling-house, hereby appeal against a closing order in respect of the dwelling-house made by the (state rmme of local authority) notice of which was served on me on {state date) ........ , 19... My interest in the dwelling-house is {state whether freeholder, or lessee under a lease the original term whereof was not less than twenty-one years, or mortgagee, or what other interest the appellant has in the house) : — The grounds on which I appeal are {if the appeal is on the ground that the ho^ise is not in a state so dangerous or injurious to health as to be unfit for human habitation, the exact reason for this co7itention should be stated. If the appeal is on technical grounds, fidl particulars shoidd be given). Signature of appellant Date A^ote. — The closing order appealed against or a copy of it must be forwarded to the Minister of Health with this appeal. The appellant must notify the local authority forthwith of any appeal to the Minister of Health. 620 APPENDIX rv Forms. FORM No. 7 Form of Notice of Appeal against a Closing Order HOUSING ACTS, 1890 to 1919 (Notice of appeal may be given by filling up and sending to the Minister of Health either this print or a copy of it, within fourteen days after the day on which notice of the closing order was served.) Full name of appellant Full address of appellant Full address of the dwelling-house, in respect of which the appeal is made I, the undersigned, being an owner of the above-men- tioned dwelling-house, hereby appeal against a closing order in respect of the dwelling-house made by the {state 7iame of local authority) notice of which was served on me on {state date) , 19.-. My interest in the dwelling-house is {state ivhether freeholder, or lessee under a lease the original term whereof was not less than twenty-one years, or mortgagee, or what other interest the appellant has in the house) : — The grounds on which I appeal are {if the appeal is on the ground that the house is not in a state so dangerous or injurious to health as to he unfit for human habitation, the exact reason for this contention should be stated. If the appeal is on technical grounds, full particulars should be given). Signature of appellant Date Note. — The closing order appealed against or a copy of it must be forwarded to the Minister of Health with this appeal. The appellant must notify the local authority forthwith of any appeal to the Minister of Health. Form No. 8 Form of Notice of Closing Order which has become Operative HOUSING ACTS, 1890 to 1919 To ' , the occupier of the dwelling-house ^ Take Notice : — That on the day of , 19 , ' in pursuance of the Housing, PARTS I AND II DOCUMENTS 621 Town Planning, &c., Act, 1909, made a closing order Forms, prohibiting the use for human habitation of the above- mentioned dwelling-house until in the judgment of the local authority the dwelling-house is rendered fit for that purpose ; And that the closing order has now become operative ; And also that in pursuance of subsection (4) of section 17 of the Housing, Town Planning, &c.. Act, 1909, within* days after the service of this notice the said closing order must be obeyed by you, and you and your family must cease to inhabit the said dwelling- house. Dated this day of , 19 . Signature of clerk of local authority Note. — By subsection (4) of section 17 of the Housing, Town Planning, &c.. Act, 1909, as amended by section 39 of the Housing, Town Planning, &c., Act, 1919, it is enacted as follows : — Where a closing order has become operative, the local authority shall serve notice of the order on the occupier of the dwelling-house in respect of which the order is made, and, within such period as is specified in the notice, not being less than fourteen days after the service of the notice, the order shall be obeyed by him, and he and his family shall cease to inhabit the dwelling-house, and in default he shall be liable on summary conviction to be ordered to quit the dwelling-house within such time as may be specified in the order. Subsection (5) of the first- mentioned section is in these terms : — Unless the dwelling-house has been made unfit for habitation by the wilful act or default of the tenant or of any person for whom as between himself and the owner or landlord he is responsible, the local authority may make to every such tenant such reasonable allowance on account of his expenses in removing as may be deter- mined by the local authority with the consent of the owner of the dweUing- house, or, if the owner of the dwelling-house fails to consent to the sum determined by the local authority, as may be fixed by a court of summary jurisdiction, and the amount of the said allowance shall be recoverable by the local authority from the owner of the dwelling-house as a civil debt in manner provided by the Summary Jurisdiction Acts. Any person who lets or attempts to let or occupies or permits to be occupied any house in respect of which a closing order is in force is liable to a fine of £20. Directions for filling up this form Insert — ^ Name of occupier. * Such a description of the dwelling-house as may be sufficient for its identification. 3 Description of the local authority. * The period must be not less than fourteen days after the service of the notice. Forms. 622 APPENDIX rv Form No. 9 Form of Order Determining Closing Order HOUSING ACTS, 1890 to 1919 To ^ , owner of the dwelling- house ^ Whereas on the day of , 19 • , in pursuance of the Housing Acts, 1890 to 1919, a closing order was made by us, the * , in respect of the above-mentioned dwelling-house, and by the said closing order, we, the said ^ prohibited the use of the said dwelling-house for human habitation until, in our judgment, the dwelling-house should be rendered fit for that purpose ; And whereas we, the said * are satisfied that the said dwelling-house has been ren- dered fit for human habitation : Now therefore, we, the said ' do hereby determine the closing order aforesaid. Dated this day of , 19 . {To be sealed ivith the common seal of the local authority) Signature of clerk of local authority Directions for filling up this form Insert — ^ Name, residence or place of business, and description, where known, of owner. 2 Such a description of the dwelhng-house as may be sufficient for its identification. 2 Description of the local authority. Form No. 10 Form of Notice of Refusal of Local Authority to Determine a Closing Order housing acts, 1890 to 1919 To ^ , the owner of the dwelling-house ^ Take Notice that the ' , having considered your application to them to determine the closing order made by them in pursuance of the Housing Acts, 1890 to 1919, on the day of 19 , in respect of the above-mentioned dwelling-house, Jiave this day refused to determine the said closing order. PARTS I AND II DOCUMENTS 623 Dated this day of , 19 . Forms. Signature of clerk of local authority Note. — Under the provisions of subsection (6) of section 17 of the Housing, Town Planning, &c., Act, 1909 : The local authority are required to determine any closing order made by them if they are satisfied that the dwelling-house, in respect of which the order has been made, has been rendered fit for human habitation. If, on the application of any owner of a dwelling-house, the local authority refuse to determine a closing order, the owner may appeal to the Minister of Health by giving notice of appeal to him within foiu"teen days after the application is refused. Notice of any such appeal must be in the form annexed. Procedure on Appeal The procedure on any such appeal is governed by rules made by the Minister of Health. The Acts provide : — (a) That the Minister of Health shall not dismiss any appeal without having first held a public local inquiry unless the appellant fails to prosecute his appeal with due diligence. (6) That the Minister of Health may before considering any appeal, require the appellant to deposit such sum to cover the costs of the appeal, as may be fixed by the rules. The sum at present fixed is a sum not exceeding £10. Direction for filling up this form Insert — ^ Name, residence or place of business, and description, where known, of owner. * Such a description of the dwelling-house as may be sufficient for its identification. 3 Description of the local authority. Rules determining the procedure on any such appeal have been made by the Minister of Health, and have been placed on sale {S. B. and O., 1919, No. 1423, price Id., or by post lid.), so that copies may be pur- chased, either directly or through any bookseller from His Majesty^s Stationery Office at the following addresses : Imperial House, Kingsway, London, W.C.I; 28 Abingdon Street, London, S.W.I; 37 Peter Street, Manchester ; and 1 St. Andrew's Crescent, Cardiff. (See p. 608.) Form of Notice of Appeal against refusal of Local Authority to determine a Closing Order (Notice of appeal may be given by filUng up and sending to the Minister of Health either this print or a copy of it within fourteen days after the day on which the notice of refusal of the local authority to determine the closing order was served on the appellant.) Full name of appellant Full address of api^ellant Full address of the dwelling-house, in respect of which the appeal is made 624 APPENDIX IV Forms. l^ the Undersigned, being an owner of the above- mentioned dwelling-house, hereby appeal against the refusal of {state name of local authority) to determine a closing order made by them in respect of the dwelling-house. Notice of the refusal of the council to determine the closing order was received by me on the {state date) ,19 . My interest in the dwelling-house is {state whether a freeholder or lessee under a lease the original term whereof was not less than twenty-one years, or mortgagee, or ivhat other interest the appellant has in the house). The grounds on which I appeal are {if the appeal is on the ground that the dwelling-house has been rendered fit for human habitation, the repairs or improvements carried out should be specified. If the appeal is on techfiical grounds, full particulars should be given) : — Signature of appellant Date Note. — The closing order and the formal refusal of the local authority to determine it, or a copy of them, must be forwarded to the Minister of Health with this appeal. The appellant must notify the local authority forthwith of any appeal to the Minister of Health. FOEM No. 11 Form of Notice of Appeal Against refusal of Local Authority to determine a Closing Order HOUSING ACTS, 1890 to 1919 (Notice of appeal may be given by filling up and sending to the Minister of Health either this print or a copy of it within fourteen days after the day on which the notice of refusal of the local authority to determine the closing order was served on the appellant.) Full name of appellant Full address of appellant Full address of the dwelling-house, in respect of which the appeal is made I, the undersigned, being an owner of the above- mentioned dwelling-house, hereby appeal against the refusal of {state naine of local authority) to determine a closing order made by them in respect of the dwelling-house. Notice of the refusal of the council to determine the closing order was received by me on the {state date) ,19 . My interest in the dwelling-house is {state ivhether a PARTS I AND II DOCUMENTS 625 freeholder or lessee under a lease the original term ivhereof Forms. icas not less than twenty-one years, or mortgagee, or ivhat other interest the appellant has in the house). The grounds on which I appeal are {if the apjoeal is 07i the ground that the divelling-house has been rendered fit for human habitation, the repairs or improvements carried out should be specified. If the appeal is on technical grounds, full particidars should be. given) : — Signature of appellant Date Note. — The closing order and the formal refusal of the local authority to determine it, or a copy of them, must be forwarded to the Minister of Health with this appeal. The appellant must notify the local authority forthwith of any appeal to the Minister of Health. Form No. 12 Form of Notice of Time and Place at which the Question of the Demolition of a Dwelling- house WILL BE CONSIDERED HOUSING ACTS, 1890 to 1919 To 1 , owner of the dwelling- house - Whereas on the day of , 19 , in pursuance of the Housing Acts, 1890 to 1919, a closing order was made by the ^ in respect of the above-mentioned dwelling-house, and the said closing order has remained operative for a period of three months ; Take Notice, that the question of the demolition of the said dwelling-house will be considered by the said ' at on the * day of , 19 , at o'clock in the noon, when any owner of the said dwelling-house will be entitled to be heard. Dated this day of , 19 . Signature of clerk of local authority Direction for filling up this form Insert — ^ Name, residence or place of business, and description, where known, of owner. * Such a description of the dwelling-house as may be sufficient for its identification. •' Description of the local authority. * The time must be not less than one month after the service of this notice. 40 626 APPteNDlX IV Forms. Form No. 13 Form of Order for Demolition of Dwelling-house HOUSING ACTS, 1890 to 1919 Whereas on the day of , 19 , in pursuance of the Housing Acts, 1890 to 1919, a closing order was made by us, the ' in respect of the dweUing-house - and the said closing order has remained operative for a period of three months ; And whereas after complying with the requirements of subsection (1) of section 18 of the Housing, Town Planning, &c., Act, 1909, and upon consideration of the question of the demolition of the said dwelling-house, we, the said ^ are of opinion that the dwelling-house has not been rendered fit for human habitation, and that the necessary steps are not being taken with all due diligence to render it so fit ; Now therefore, we, the said ^ , in pursuance of subsection (2) of section 18 of the Housing, Town Planning, &c., Act, 1909, do order the demolition of the dwelling-house aforesaid. Dated this day of , 19 . {To he sealed with the common seal of the local authority) Signature of clerk of local authority Direction for filling up this form Insert — ^ Description of the local authority. * Such a description of the dwelling-house as may be sufficient for its identification. Form No. 14 Form of Notice of Order for Demolition of a Dwelling-house HOUSING acts, 1890 to 1919 To ^ , owner of the dwelling- house - Take Notice : — That the ' have in pursuance of the Housing, Town Planning, &c., Act, 1909, made an PARTS I AND II DOCUMENTS 627 order for the demolition of tiie above-mentioned dwelling- Forms. house. A copy * of the demolition order is annexed. Dated this day of , 19 . Signature of clerk of local authority Note. — Section 18 of the Housing, Town Planning, &c.. Act, 1909, as amended by subsequent Acts is to the following effect : — Where a closing order in respect of any dwelling-house has remained operative for a period of three months, the local authority are to take into consideration the question of the demolition of the dwelling- house, and are to give every owner of the dwelhng-house notice of the time (being some time not less than one month after the service of the notice) and place at which the question will be considered, and any owner of the dwelling-house is to be entitled to be heard when the question is so taken into consideration. If upon any such consideration the local authority are of opinion that the dwelling-house has not been rendered fit for human habita- tion, and that the necessary steps are not being taken with all due diligence to render it so fit, or that the continuance of any building, being or being part of the dwelling-house, is a nuisance or dangerous or injm-ious to the health of the public or of the inhabitants of the neighbouring dwelling-houses, they are to order the demolition of the building. If any owner undertakes to execute forthwith the works necessary to render the dwelling-house fit for human habitation, and the local authority consider that it can be so rendered fit for human habitation, the local authority may, if they think fit, postpone the operation of the order for such time, not exceeding six months, as they think sufficient for the purpose of giving the owner an opportunity of executing the necessary works, and if and when the necessary works are c ompleted to their satisfaction, the local authority shall deter- mine the closing and demolition orders relating to the dwelling- house. Notice of an order for the demolition of a building is to be forth- with served on every owner of the building in respect of which it is made, and any owner aggrieved by the order may appeal to the Minister of Health by giving notice of appeal to the Minister within twenty-one days after the notice is served upon him, or where the operation of the order has been postponed for any period within fourteen days after the expiration of that period. Notice of any such appeal must be in the form annexed. Procedure on Appeal The procedure on any such appeal is governed by rules made by the Minister of Health. The Acts provide : — (a) That the Minister of Health shall not dismiss any appeal without having first held a public local inqmry unless the appellant fails to prosecute his appeal with due diligence. (6) That the Minister of Health may before considering any appeal, require the appellant to deposit such sum to cover the costs of the appeal, as may be fixed by the rules. The sum at present fixed is a sum not exceeding £10. A demolition order does not become operative until either the time within which an appeal can be made has elapsed, without an appeal being made, or in case an appeal is made, the appeal is determined or abandoned. 628 APPENDIX IV Forms. Directions for filling up this form Insert — 1 Name, residence or place of business, and description, where known, of owner. * Svxch a description of the dwelHng-house as may be sufficient for its identification. 3 Description of the local authority. * The form annexed must be filled up so as to agree with the demolition order sealed by the local authority. Rules determining the procedure on any such appeal have been made by the Minister of Health, and have been placed on sale [S. R. and 0., 1919, No. 1423, price Id., or by post l},d.), so that copies may be ptir- chased, either directly or through any bookseller, from, His Majesty's Stationery Office, at the following addresses : Imperial Hoiise, Kingsway, London, W.C'.X ; 28 Abingdon Street, London, S.W.I ; 37 Peter Street, Manchester ; ajxd 1 St. Atidrcw\s Crescent, Cardiff. (See p. 608.) * copy of the above-mentioned demolition order Order for Demolition of a Dwelling-house HOUSING ACTS, 1890 to 1919 Whereas on the day of , 19 , in pursuance of the Housing Acts, 1890 to 1919, a closing order was made by us, the in respect of the dwelhng-house , and the said closing order has remained operative for a period of three months ; And whereas after complying with the requirements of subsection (1) of section 18 of the Housing, Town Planning, &c., Act, 1909, and upon consideration of the question of the demoUtion of the said dwelhng-house, we, the said are of opinion that the dwelling-house has not been rendered fit for human habitation, and that the necessary steps are not being taken with all due diligence to render it so fit ; Now therefore, we, the said in pursuance of subsection (2) of section IS of the Housing, Town Planning, &c., Act, 1909, do order the demolition of the dwelling-house aforesaid. Dated this day of , 19 . (L.S.) Signature of clerk of local authority * An exact copy of the demolition order should be given here. PARTS I AND II DOCUMENTS 629 Form of Notice of Appeal against a Demolition Form? Order (Notice of appeal may be given by filling up and sending to the Minister of Health, either this print, or a copy of it, within twenty- one days after the day on which the notice of the demolition order was served, or, if the operation of the demolition order has been postponed for a period not exceeding six months, within fourteen days after the expiration of that period.) Full name of appellant Full address of appellant Full address of the dwelling-house, in respect of which the appeal is made I, the undersigned, being an owner of the above- mentioned dwelling-house, hereby appeal against a demolition order in respect of the dwelling-house made by the {state name of local authority) which was served on me on {sta,te date, and, if the operation of the demolitio7i order was postponed for any period, state the date on ivhich that period expired) My interest in the dwelling-house is {state whether a freeholder, or lessee under a lease the original term ivhereof was not less than twenty-one years, or mortgagee, or what other interest the appellant has in the house) The grounds on which I appeal are {if the appeal is on the ground that the divelling-house has been rendered fit for human, habitation, the rejMirs or improvements which have been carried out should be specified). Signature of appellant Date Note. — The demolition order appealed against and also if possible the closing order, or a copy of them, must be forwarded to the Minister of Health with this appeal. The appellant must notify the local authority forthwith of any appeal to the Minister of Health. Form No. 15 Form of Notice of Appeal against a Demolition Order HOUSING ACTS, 1890 to 1919 (Notice of appeal may be given by filling up and sending to the Minister of Health, either this print, or a copy of it, within twenty-one 630 APPENDIX IV Forms. days after the day on which the notice of demoHtion order was served, or, if the operation of the demoUtion order has been postponed for a period not exceeding six months, within fourteen days after the expira- tion of that period.) Full name of appellant Full address of appellant Full address of the dwelling-house, in respect of which the appeal is made I, the undersigned, being an owner of the above- mentioned dwelling-house, hereby appeal against a demolition order in respect of the dwelling-house made by the (state name of local authority) which was served on me on [state date, and, if the operation of the demolition order was postponed for any period, state the date on which that period expired) , 19 . My interest in the dwelling-house is {state lohether a freeholder, or lessee tiTider a lease the original term whereof ivas not less than twenty-one years, or mortgagee, or what other interest the appellant has in the house) The grounds on which I appeal are {if the appeal is on the ground that the dwelling-house has been rendered ft for human habitation, the repairs or improvements which have been carried out should be specified). Signature of appellant < Date Note. — The demohtion order appealed against, and also, if possible, the closing order, or a copy of them, must be forwarded to the Minister of Health with this appeal. The appellant must notify the local authority forthwith of any appeal to the Minister of Health. Form No. 16 Form of Order for Demolition of Building being or being part of a dwelling-house the con- tinuance of which is a nuisance or dangerous or injurious to the health of the public OR OF THE Inhabitants of the neighbouring Dwelling-houses HOUSING ACTS, 1890 to 1919 Whereas on the day of , 19 , in pursuance of the Housing Acts, 1890 to 1919, a closing PARTS I AND II DOCUMENTS 631 order was made by us, the ' Forma. in respect of the dwehing-house " and the said closing order has remained operative for a period of three months ; And whereas after comphance with the requirements of subsection (1) of section 18 of the Housing, Town Planning, &c., Act, 1909, and upon consideration of the question of the demolition of the said dwelling-house, we, the said ' are of opinion that the continuance of the ' is * a nuisance and * dangerous or injurious to the health of the public and * dangerous or injurious to the health of the inhabitants of the neighbouring dwelling-houses ; Now therefore, we, the said '■ in pursuance of subsection (2) of section 18 of the Housing, TowTi Planning, &c.. Act, 1909, do order the demolition of the ' ; Dated this day of , 19 . {To be sealed with the common seal of the local authority) Signature of clerk of local authority Directions for filling up and adapting this form Insert — ^ Description of the local authority. ^ Such a description of the dwelling- ho vise as may be sufficient for its identification. 3 " Said dwelling-house " or " part of the said dwelling-house," as the case may be, followed in the latter case by such a de- scription of the part as may be siifficient for its identification. * Strike out any words that are inapplicable. ^ " Said dwelling-house " or " said part of the said dwelling-house," as the case may be. Form No. 17 Form of Notice of Order for Demolition of Building being or being part of a dwelling-house the continuance of which is a nuisance or dangerous or injurious to the health of the public or of the inhabitants of the neighbouring Dwelling-houses HOUSING ACTS, 1890 to 1919 To 1 , owner of the dwelling- house ^ Take Notice : — That the ' have in pursuance 632 APPENDIX IV Forms. of the Housing, Town Planning, &c., Act, 1909, made an order for the demoUtion of the building therein described, being or being part of the above-mentioned dwelling- house. A copy ^ of the demolition order is annexed. Dated this day of , 19 . Signature of clerk of local authority Note. — Section 18 of the Housing, Town Planning, s . PUBLIC UTILITY SOCIETIES 661 G— WATER SUPPLY (IF NOT INCLUDED IN F) Class of house. Estimated Ass. value for water rate. Water rate in pound. Water charge per house. Num- berof each. Total annual charge for water supply per type. Living-room, scullery, 2 Living-room, scullery, 3 Parlour, living-room, scul- lery, 2 bedrooms. Parlour, living-room, scul- lery, 3 bedrooms . Parlour, living-room, scul- lery, 4 bedrooms . Tenements in block dwellings Other tj'pes (specify) Financial assistance. Total water charge //—ESTIMATED STATE SUBSIDY Total cost of present section of scheme, £ Loan charges on three-fourths of this amount, calculated as if borrowed on the annuity system of repayment for a period of 50 years at * 5| per cent., £ 40 per cent, of these loan charges, £ Statutory Rules and Orders, 1920, No. 134 HOUSING, ENGLAND The Public Utility Societies {Financial Assistance) Regu- lations, 1920. Dated 30th January 1920 65,798 Whereas by section 4 of the Housing (Additional Powers) Act, 1919,^ the provisions of section 19 of the Housing, Town Planning, &c., Act, 1919,' with respect 1 See, however, page 536. 2 9-10 Geo 5. c. 99. ^ 9-10 Geo. 5. c. 35. 662 APPENDIX VI Financial to the amount of the annual payment to be made to a assistance. pubUc utility society are varied, and it is expedient that certain consequential amendments should be made in the Public Utility Societies (Financial Assistance) Regula- tions, 1919 1 : Now therefore, the Minister of Health, in pursuance of the powers conferred on him by section 19 of the Housing, Town Planning, &c.. Act, 1919, and of all other powers enabling him in that behalf, hereby makes the following regulations : — 1. These regulations may be cited as the Public UtUity Societies (Financial Assistance) Regulations, 1920, and shall be construed as one with the Public Utility Societies (Financial Assistance) Regulations, 1919, hereinafter called the principal regulations. 2. (1.) Paragraph (2) of Article II of the principal regulations shall have effect as though for the words " the equivalent of 30 per cent, of the annual charges " there were substituted the words " the equivalent during the period ending on the 31st day of March 1927, of 50 per cent., and thereafter of 30 per cent, of the annual charges." (2.) Sub-paragraph (a) of paragraph (1) of Article III of the principal regulations shall have effect as though after the words " within twelve months from the passing of the Act of 1919 " there were added the words " or such later date as the Minister may allow, regard being had to the supplies of labour and material available from time to time and all other local or general circumstances affecting the carrying into effect of the scheme." 3. Where a house included in a scheme submitted to and approved by the Minister is sold bj^ the society, the Minister may, at the request of the society, pay to any mortgagee a sum equal to the capitalised value as at the date of the sale of the Exchequer subsidy apportioned in respect of that house towards the discharge of the liability of the society to the mortgagee. Given under the official seal of the Minister of Health, this Thirtieth day of January, in the year One thou- sand nine hundred and twenty, (l.s.) Christopher Addison, 3Iinister of Health. » S.R. & O., 1919, No. 1428 (page 650). PUBLIC UTILITY SOCIETIES 663 We approve these regulations — James Parker, J. TowYN Jones, Two of the Lords Commissioners of His Majesty's Treasury. Statutory Rules and Orders, 1920. No. 107 HOUSING, ENGLAND s^ie of houses. The Public Utility Societies {Sale of Houses) Regulations, 1920, dated 28th January 1920, made by the Minister of Health under section 19 (1) of the Housing, Town Planning, &c., Act, 1919 (9 cfc 10 Geo. 5. c. 35) 65,704 Whereas by subsection (1) of section 19 of the Housing, Town Planning, &c.. Act, 1919, it is enacted that where a public utility society as defined by that Act has sub- mitted to the Local Government Board a scheme for the provision of houses for the working classes and the scheme is approved by the Board, then, if the scheme is carried out within such period after the passing of that Act as may be specified by the Board, with the consent of the Treasury, the Board may pay or undertake to pay out of moneys provided by Parliament such contributions towards the cost of carrying out the scheme as may be determined to be payable under regulations made by the Board, with the approval of the Treasury, subject to such conditions (including conditions as to audit of accounts by district auditors) as may be prescribed by those regulations : And whereas by regulations made by the Minister of Health under that subsection and intituled the Public Utility Societies (Financial Assistance) Regulations, 1919,^ it is provided that a public utility society shall not sell any land or houses included in any approved scheme except with the consent of the said Minister and subject to regulations to be made by him with the concurrence of the Public Works Loan Commissioners : Now therefore, the Minister of Health, in pursuance of 1 S.R. & O., 1919, No. 1428 (page 650). 664 APPENDIX VI Sale of his powers under the recited enactments and of all other houses. powers thereunto enabling him, with the concurrence of the Public Works Loan Commissioners, hereby makes the following regulations : — 1. These regulations may be cited as the Public Utility Societies (Sale of Houses) Regulations, 1920, and shall be read as one with the Public Utility Societies (Financial Assistance) Regulations, 1919 (hereinafter called " the principal regulations "). 2. In these regulations, unless the context otherwise requires : — (a) The expression " the Act of 1919 " means the Housing, Town Planning, &c., Act, 1919 ; (b) the expression " society " means a public utility society ; (c) The expression " scheme " means a scheme for the provision of houses for the working classes prepared by a society and approved by the Minister under subsection (1) of section 19 of the Act of 1919 ; {d) The expression " house " means a house comprised in a scheme, and includes any yard, garden, outhouses and appurtenances belonging thereto ; (e) The expression " Exchequer subsidy " means an annual contribution out of moneys provided by Parliament, made by the Minister, towards the cost of carrying out a scheme ; (/) The expression "the Commissioners "• means the Public Works Loan Commissioners ; (g) The expression " local authority " means the local authority within the meaning of Part III of the Housing of the Working Classes Act, 1890,' for the district in which the houses are provided or to be provided by the society ; (A) The expression " sale " includes the grant of a lease or, if the property is leasehold, of an under- lease for a term of not less than ninety years where the yearly rent reserved by such lease or underlease does not exceed five shillings ; and the expressions " sell " and " purchaser " have a corresponding meaning. 3. Before selling any house the society shall be satisfied » 53-4 Vict. c. 70. PUBLIC UTILITY SOCIETIES 665 that the proposed purchaser is the occupier or, if the Sale of house is unoccupied, the intending occupier of the house, ^oases. 4. The conveyance or other instrument transferring the house to the purchaser shall contain covenants on the part of the purchaser in the terms set out in the First Schedule to these regulations with such modifications as may be required in the case of a lease or underlease and such other modifications, if any, as the Minister may approve. 5. The society shall not, without the consent of the Minister, and subject to such conditions, if any, as he may impose, grant any licence with regard to the user of any house which they may be empowered to grant by any of the covenants referred to in the last preceding article. 6. (i) Before selling or contracting to sell any house, the society shall prepare and submit for the approval of the Minister a schedule apportioning among the several houses included in the scheme the total approved cost of the scheme, such apportionment being based on — (a) the value of the interest of the society in the site of the house ; (b) the amount expended by the society in the erection of the house ; and (c) a fair proportion of the general expenditure of the society in connection with the scheme : Provided that in calculating the expenditure under the foregoing heads no account shall be taken of any expendi- ture by the society towards which no Exchequer subsidy is being made, and any such expenditure shall be shown separately in the schedule. (ii) The cost of a house so calculated and approved by the Minister, less any loan or part of a loan in respect of the said cost which has from time to time been repaid, is referred to in these regulations as the " approved value " and, in the case of a society which provides for the repayment of loans by the creation of a sinking fund, the sums standing to the credit of such sinking fund shall, for the purpose of ascertaining the approved value of a house, be treated as though they had been applied in or towards repayment of loans. 7. No house shall be sold at a price which is less than the percentage of the approved value of the house shown in the Second Schedule to these regulations. 8. So much of the purchase money as is equivalent 666 APPENDIX VI Sale of to the minimum price at which the house may be sold, houses. a^g shown by the said Second Schedule, shall, unless the Minister otherwise directs, be applied by the society as follows : — (a) First, to the repayment of so much of any out- standing loans borrowed from the Commissioners in respect of the house as will reduce the yearly payment to the Commissioners on account of principal and interest on the loan to an amount not exceeding an Exchequer subsidy equivalent, during the period before the 31st day of March 1927 to 50 per cent., and, thereafter, to 30 per cent, of the annual charges, as defined in Article II (4) of the principal regulations, on the capital raised by the society and approved by the Minister in respect of that house ; and (6) Secondly, to the repayment of loans borrowed for the purpose of the scheme otherwise than from the Commissioners, or to the repayment or extinction of any shares or loan stock issued for the purpose of the scheme. 9. Every sale made by a society under these regulations shall be made in accordance with rules to be made by the society and approved by the Minister. 10. Nothing in these regulations shall extend to the sale of a house by the Commissioners in the exercise of a power of sale as mortgagees of the property, or to the sale of a house by the society to any local authority. FIRST SCHEDULE Form of Covenants to be inserted in Conveyance 1. The Purchaser hereby for himself and his assigns covenants with the society and their assigns, the owner or owners for the time being of any land comprised in the scheme under section 19 (1) of the Housing, Town Planning, &c., Act, 1919, of which the premises hereby conveyed form part — (a) that except with the licence in writing of the society, or, if the society has dissolved, of the local authority, the premises hereby conveyed shall PUBLIC UTILITY SOCIETIES 667 not at any time hereafter be used for any other Sale of purpose than that of a private dwelling-house ; ^o^ses. and (6) that the said premises shall not be used for any purpose which shall be or become in any way a nuisance or annoyance to the society or their assigns or their tenants, or to the owners or tenants of any adjoining property. 2. The purchaser hereby covenants with the society — {a) that upon his ceasing for a period of more than four calendar months to reside in the premises hereby conveyed, or upon his death, the society shall have the option (to be exercised within three calendar months after notice of that event has been given to them) of re-purchasing the premises for a sum equal to the purchase price paid under these presents, less such amount as may be agreed between the parties hereto as represent- ing depreciation, or, in default of agreement, as may be determined in the manner hereinafter mentioned, and that for this purpose the purchaser, or his personal representative, as the case may be, shall as soon as may be, give notice to the society of that event ; and (6) that if at any time he desires to sell or otherwise dispose of the premises hereby conveyed, he will give notice thereof to the society and the society shall have, within three calendar months from the date of such notice, an option to re-purchase the premises upon the terms mentioned in paragraph (a). 3. Any question arising under the last clause as to the amount to be allowed for depreciation shall be deter- mined by a valuer to be nominated jointly by the parties, or, if they fail to agree, by the Minister of Health, and the cost of the valuation shall be borne by the society, unless the amount allowed by the valuer for depreciation is less by more than 10 per cent, of the amount claimed in that respect by the purchaser, in which case the cost of the valuation shall be borne by the purchaser. 4. The purchaser further covenants with the society that if at any time he desires to mortgage or charge the premises hereby conveyed or any part thereof, the instrument creating such mortgage or charge shall contain such 668 APPENDIX VI Sale of houses. covenants on the part of the mortgagee as will secure to the satisfaction of the society that upon any exercise by the mortgagee of his right of sale or foreclosure the society shall have a right of pre-emption in the same manner and upon the same terms as are specified in the last two preceding clauses, and that for this purpose the purchaser will submit for the approval of the society a draft of the said instrument. 5. The expression " local authority " means the local authority within the meaning of Part III of the Housing of the Working Classes Act, 1890, for the area in which the premises hereby conveyed are situated. SECOND SCHEDULE Date of Sale. Percentage of Approved Value. Before 1st April 1921 63 tt 1922 64 9» 1923 65 tf 1924 66 t9 1925 67 1926 68 ^^ 1927 69 After 31st March 1927 70 Given under the official seal of the Minister of Health, this Twenty-eighth day of January, in the year One thousand nine hundred and twenty. (l.s.) Christopher Addison, Minister of Health. We approve these regulations — James Parker, J. TowYN Jones, Lords Commissioners of His Majesty's Treasury. HOUSING TRUSTS 669 Statutory Rules and Orders, 1919. No. 1429 Finanoiai assistance. HOUSING OF THE WORKING CLASSES, ENGLAND The Housing Trusts [Firmncial Assistance) Regulations, 1919. Dated 6th October 1919 65,243 To the councils of the several administrative counties in England and Wales ; — To the mayor, aldermen, and commons of the city of London, in common council assembled ; — To the councils of the several metropolitan boroughs, municipal boroughs, and other urban districts in England and Wales ; — To the councils of the several rural districts in England and Wales ; — To the trustees of all housing trusts as herein defined ; — And to all others whom it may concern. Whereas by subsection (1) of section 19 of the Housing, Town Planning, &c., Act, 1919, it is enacted that where a housing trust as defined by that Act has submitted to the Local Government Board a scheme for the provision of houses for the working classes and the scheme is approved by the Board, then, if the scheme is carried out within such period after the passing of that Act as may be specified by the Board, with the consent of the Treasury, the Board may pay or undertake to pay out of moneys provided by Parliament such contributions towards the cost of carrying out the scheme as may be determined to be payable under regulations made by the Board, with the approval of the Treasury, subject to such conditions (including conditions as to audit of accounts by district auditors) as may be prescribed by those regulations ; And whereas by subsection (2) of the said section it is enacted that the regulations shall provide that the amount of any annual payment to be made under the section shall be equivalent to 30 per centum of the annual loan charges which would have been payable in accordance 670 APPENDIX VI Financial with the regulations on the total capital expenditure assistance. incurred by the housing trust for the purposes of the scheme if the amount of that expenditure had been borrowed from the Public Works Loan Commissioners ; And whereas by section 40 of that Act the expression " housing trust " is defined as follows : — " The expression ' housing trust ' means a cor- poration or body of persons which, by the terms of its constituent instrument, is required to devote the whole of its funds, including any surplus which may arise from its operations, to the provision of houses for persons the majority of whom are in fact members of the working classes, and to other purposes incidental thereto " : Now therefore, the Minister of Health, in pursuance of his powers under the recited enactments and under any other statutes in that behalf, hereby makes the follow- ing regulations : — Article I — In these regulations, unless the contrary intention appears : — (a) The expression " the Minister " means the Minister of Health ; (6) The expression " the Act of 1919 " means the Housing, Town Planning, &c.. Act, 1919 ; (c) The expressions " housing trust " and " public utility society " have the same meaning as in the Act of 1919 ; {d) The expression " local authority " means the local authority within the meaning of Part III of the Housing of the Working Classes Act, 1890, for the district in which the houses are built or to be built by the housing trusts. Article II — Subject to the provisions of these regu- lations and provided that these regulations are complied with : — (1.) An annual contribution out of moneys provided by Parliament (hereinafter referred to as " the Exchequer subsidy ") may be made by the Minister towards the cost of carrying out a scheme submitted by a housing trust and approved by the Minister, and the amount of the Exchequer subsidy shall be calculated as hereinafter pro- vided. (2.) The amount of the Exchequer subsidy shall be the HOUSING TRUSTS 671 equivalent of 30 per centum of the annual Financial charges which would have been payable, in assistance. respect of interest and repayment of principal, on the capital expended by the trustees for the purposes of the approved scheme if that capital had been raised by way of a loan advanced by the Public Works Loan Commissioners, on the same terms as those granted for the time being to a public utility society for the like purposes : Provided that the Minister may reduce the amount of the Exchequer subsidy in any case in which he is satisfied that the capital expenditure incurred by the trustees has been excessive. (3.) The Exchequer subsidy shall be payable in two half-yearly instalments or in such other manner as the Minister may think fit during the period of fifty years from the date on which the scheme is approved by the Minister, and for the purposes of sub-division (2) of this Article that date shall be the date from which the annual charges therein referred to shall be deemed to become payable. Article III — (1.) The Exchequer subsidy shall cease to be payable — (a) in any case in which the Minister is not satisfied that reasonable progress has been made with the carrying into effect of the scheme within twelve months from the passing of the Act of 1919 ; and (6) in respect of any scheme or part of a scheme not carried into effect before the expiry of a period of three years from the passing of the Act of 1919, or such later date as the Minister may allow, regard being had to the supplies of labour and material available from time to time and all other local or general circumstances affecting the carrying into effect of the scheme. (2.) For the purposes of these regulations a scheme or part of a scheme shall be deemed to have been carried into effect when all the houses to be provided thereunder are let or available for letting. Article IV — ( 1 . ) The scheme, as submitted for approval, shall be accompanied by detailed plans, specifications, and estimates of the cost of the works. 672 APPENDIX VI Financial (2.) The Carrying out of the works shall be subject to assistance. the supervision of the Minister, exercised either through his own officers or through the local authority. Article V — The capital expenditure in respect of which the annual charges referred to in Article II (2) of these regulations shall be deemed to be payable shall not include any sum in respect of the professional charges to be paid by the trustees in excess of 5 per centum of the gross capital expenditure approved by the Ministry. Article VI — The rents to be charged for houses included in the scheme shall be subject to the approval of the Minister, and shall not be altered without the consent of the Minister. Article VII — The trustees shall not sell any land or houses included in the scheme, except with the consent of, and subject to conditions laid down by, the Minister', Article VIII — (1.) The trustees shall keep separate accounts relating to the approved scheme, and those accounts shall be made up and shall be audited by a district auditor ^ in like manner, and subject to the same provisions, as the accounts of an urban district council, and for this purpose the enactments relating to the audit by district auditors of the last-named accounts and to all matters incidental thereto and consequential thereon, shall apply to the said accounts of the trustees. (2.) So far as may be necessary for the purpose of his duties under sub-division (I) of this Article the district auditor shall have access to all the books, deeds, docu- ments and accounts of the trustees. Article IX — These regulations may be cited as " The Housing Trusts (Financial Assistance) Regulations, 1919," and shall, unless and until revoked or altered by the Minister, with the approval of the Lords Commissioners of His Majesty's Treasury, apply and have effect with respect to any scheme made by a housing trust and approved by the Minister in accordance with these regulations : Provided that, in any case where a difficulty arises, with regard to the application of these regulations, the Minister may, by order, make such minor modifi- cation of these regulations as may be necessary, in * See page 675. HOUSING TRUSTS 673 regard to any particular scheme, for the purpose of giving Financial effect to the intention of these regulations. assistance. Given under the official seal of the Minister of Health, this Sixth day of October, in the year One thousand nine hundred and nineteen. (l.s.) Christopher Addison, Minister of Health. We approve these regulations — J. TowYN Jones, R. A. Sanders, Lords Commissioners of His Majesty's Treasury. Statutory Rules and Orders, 1920, No. 135 HOUSING, ENGLAND The Housing Trusts {Financial Assistance) Regulations, 1920. Dated 30th January 1920 65,796 Whereas by section 4 of the Housing (Additional Powers) Act, 1919,^ the provisions of section 19 of the Housing, Town Planning, &c.. Act, 1919,- with respect to the amount of the annual payment to be made to a housing trust are varied, and it is expedient that certain consequential amendments should be made in the Housing Trusts (Financial Assistance) Regulations, 1919 ^ : Now therefore, the Minister of Health, in pursuance of the powers conferred on him by section 19 of the Housing, Town Planning, &c., Act, 1919, and of all others powers enabling him in that behalf, hereby makes the following regulations : — 1. These regulations may be cited as the Housing Trusts (Financial Assistance) Regulations, 1920, and shall be construed as one with the Housing Trusts (Financial Assistance) Regulations, 1919, hereinafter called the principal regulations. 2. (1) Paragraph (2) of Article II of the principal regulations shall have effect as though for the words " the equivalent of 30 per cent, of the annual charges " 1 9-10 Geo. 5. c. 99. 2 9_io Geo. 5. e 35. ^ s.R. & O., 1919, No. 1429. 43 674 APPENDIX VI Financial there were substituted the words " the equivalent during assistance. the period ending on the 31st day of March 1927, of 50 per cent., and thereafter of 30 per cent, of the annual charges." (2) Sub-paragraph {a) of paragraph (1) of Article III of the principal regulations shall have effect as though after the words '' within twelve months from the passing of the Act of 1919 " there were added the words " or such later date as the Minister may allow, regard being had to the supplies of labour and material available from time to time and all other local or general circum- stances affecting the carrying into effect of the scheme." 3. A tenant of a house included in a scheme sub- mitted by a housing trust and approved by the Minister shall have undisturbed occupancy of his house and garden so long as — (a) he fulfils the tenancy regulations made by the trustees ; and (6) he pays any rent or debts due from him to the trustees ; and (c) he and the occupants of his house avoid any con- duct detrimental to good neighbourship. Given under the official seal of the Minister of Health, this Thirtieth day of January, in the year One thousand nine hundred and twenty. (l.s.) Christopher Addison. Minister of Health. We approve these regulations — James Parker, J. TowYN Jones, Tioo of the Lords Commissioners of His Majesty^s Treasury. PUBLIC UTILITY SOCIETIES 675 Statutory Rules and Orders. 1920, No. 683 HOUSING, ENGLAND The Housing Accounts Order [Societies and Trusts), 1920, dated 4:th May 1920, made by the Minister of Health, under section 5 of the District Auditors Act, 1879 (42 .fr 43 Vict. c. 6). 66,089. To all Public Utility; Societies registered under the Indus- trial and Provident Societies Acts, 1893 to 1913 ; — To the Trustees of all Housing Trusts as defined in the Housing, Town Planning, &c.. Act, 1919 ^ ; — And to all others whom it may concern. Whereas by the Public Utility Societies (Financial Assistance) Regulations, 1919 and 1920,- and the Housing Trusts (Financial Assistance) Regulations, 1919 and 1920,^ the Minister of Health, with the approval of the Treasury, made Regulations in pursurance of subsection 1 of section 19 of the Housing, Town Planning, &c., Act, 1919, with regard to the contributions to be made by the Minister out of moneys provided by Parliament, to public utility societies and housing trusts towards the cost of carrying out any approved scheme for the provision of houses for the working classes ; And whereas by Article VIII of each of the said Regula- tions it is provided that the societies and the trustees shall keep separate accounts relating to the approved scheme, and it is further provided that the accounts shall be audited by a district auditor in the manner and subject to the provisions therein mentioned. Now therefore, the Minister of Health, in pursuance of his powers under section 5 of the District Auditors Act, 1879, and all other enactments in that behalf, hereby Orders and Prescribes, subject to any departure to which he may from time to time assent, as foUows : — Article I — This Order may be cited as " The Housing Accounts Order (Societies and Trusts), 1920." 1 9-10 G. 5. c. 35. 2 S.R. & O., 1919, No. 1428 and S.R. & O., 1920, No. 134. 3 S.R. & O., 1919. No. 1429 and S.R. & O., 1920, No. 135. 676 APPENDIX VI Accounts Article II — In this Order, the expressions " society " Order. ^^(1 " trust " have the same meaning as the expressions " public utility society " and " housing trust " in the Housing, Town Planning, &c.. Act, 1919. Article III — (1) The officer charged with the duty of keeping the accounts of the society or trust (hereinafter referred to as the " accounting7officer ") shall duly make up and balance a separate set of double-entry ledger accounts for the approved housing scheme of the society or trust comprising, — (a) Personal accounts of the creditors, debtors, and cash officers. (6) Revenue and net revenue accounts. (c) Capital account or accounts. (2) There shall be entered in the ledger a Housing (Approved Scheme) Balance Sheet in the form prescribed in the First Schedule to this Order. Article IV — Such primary books, as are necessary for keeping account with the several tenants and otherwise for the purposes of recording the transactions which have to be entered in the several ledger accounts, shall be kept by the officer or officers to whom the duties in connection therewith are allotted by the society or trust. Each officer or other person who receives money or material pertaining to the approved housing scheme . shall promptly enter up and duly balance a debit and credit account of his transactions. Article V — (1) The accounts of the approved scheme of the society or trust shall be made up and balanced to the 31st March in each year and submitted to the society or to the trust as soon as may be after that date. (2) It shall be the duty of the accounting officer to submit these accounts to the district auditor at the time and place appointed by him for the audit. (3) The officers or others who have personal accounts to render under this Order shall submit such accounts balanced to the 31st March in each case at the time and place appointed for the audit. Article VI — The accounting officer shall prepare and submit to the district auditor at every audit a financial statement in duplicate in the form prescribed in the Second Schedule to this Order, and shall affix to one of the said statements an Audit Stamp of the value prescribed in the First Schedule to the District Auditors Act, 1879. PUBLIC UTILITY SOCIETIES 677 THE FIRST SCHEDULE Housing (Approved Scheme) Balance Sheet Accounts Order. Capital Liabilities. Loans outstanding. Public Works Loans Commissioners, Do. Other lenders. Share Capital subscribed. Loan Stock subscribed. Discharged Capital Outlay (in- cludingTS inking Fund provision). Capital Assets. Houses and other property (at original cost). Other Capital Assets (if any). Sinking Fund Assets (if any). Capital money in hand. Revenue Liabilities. Inland Revenue. Other creditors. Fund Balances. Repairs Reserve Fund. Net Revenue Balance. Revenue Assets. Tenants' rents i.incollected. Other debtors. Cash in hands of treasurer. Do. other officers. the second SCHEDULE (Insert name of Public Utility Society or Housing Trust.] FINANCIAL STATEMENT The District Auditors Act, 1879 (42 Vict. c. 6). Statement of the Income and Expenditure of the ABOVE-NAMED SOCIETY {or TrUST) FOR THE YeAR ENDED THE 31 ST DAY OF MaRCH, 19 . Name of Accounting i Officer or other | person keeping the j Accounts. I Office Address 678 APPENDIX VI Accounts Order. INCOME AND EXPENDITURE OF THE FOR THE YEAR ENDED THE PAET I Income. £ s. d. Exchequer subsidy .... Rents ...... Contributions from local authorities : — Other income Total income .... Balance at beginning of the year Total income and balance £ s. d. 1 Small items may be classed as " Miscellaneous." Receipts. Loans received . Other receipts : — S. s. d. £ s. d. Total receipts .... Balance at beginning of the year Total receipts and balance Note. — If Sinking Funds or Maintenance Reserve Funds arc set up, Financial PUBLIC UTILITY SOCIETIES 679 PUBLIC UTILITY SOCIETY (OR HOUSING TRUST) Account. Order. 31ST DAY OF MARCH, 19 Revenue. Expend ITTJKE. Administrative expenses Maintenance and repairs to property . Taxes, rates and insurance Interest on loans (including Income Tax) Amount of debt repaid Other expenditure : — ^ Total expenditure Balance at end of the year Total expenditure and balance d. £ s. d. 1 Small items may be classed as " Miscellaneous." Capital. EXPENDITTXRE. Loan expenditure Other expenditure £ s. d. Total expenditure Balance at end of the year Total expenditure and balance £ s. d. the necessary entries should be made in the Revenue portion of the Statement. 680 APPENDIX VI Accounts Order. Paet III — Summary of Income and Expenditure. Income. On Revenue Account On Capital Account . Total income On Revenue Account On Capital Account . £ s. d. Expenditure. Total expenditure .... £ Less amount, if any, disallowed at Audit . Amoimt allowed at Audit ... £ £ s. d. Signed Accoiuiting Officer. day of 19 I hereby certify that I have compared the entries in this Financial Statement with the accounts of the Society (or Trust) relating thereto, that I have ascertained by Audit the correctness of this Statement, and that the expenditure of the Society [or Trust) during the year ended the 31st day of March, 19. ., included in this Statement and allowed by me at the Audit is ^ As witness my hand this day of . 19. .District Aviditor. 1 The amount to be inserted in words at length. Given under the Official Seal of the Minister of Health this Fourth day of May, in the year One thousand nine hundred and twenty. (L.S.) F. L. TCTRNER, Assistcmt Secretary, Ministry of Health. PUBLIC UTILITY SOCIETIES 681 MODEL RULES FOR PUBLIC UTILITY SOCIETIES Accepted by the Ministry as affording sufficient compliance with the specific points dealt WITH IN THE Article X of The Public Utility Societies (Financial Assistance) Regulations, 1919 1. Membership. The members of the society shall be those persons whose names are appended to these rules, and any other persons whom the board of management may admit. Every member shall hold at least one share in the society. The board of management shall not refuse to admit to membership of the society any person who has been a tenant of the society for not less than three months. 2. Management of Business of Society. The manage- ment of the business of the society shall be vested in the board of management for the time being, who may either directly or by delegation exercise all such powers as may be exercised by the society, except those expressly required by these rules or by statute to be exercised by the society in general meeting. 3. Appointment of Board of Management. The board of management, from the date of registration of the society to the first annual general meeting of the society, shall consist of those persons whose names are appended to these rules, with power to add to their number. In all subsequent periods the board shall consist of not less than five or more than twelve members. Two of such members, or, if the total number of members exceeds eight, three of such members shall be tenant members appointed by the tenant members' committee. The remaining members shall be elected at the annual general meeting of the society.^ 4. Tenant Mernbers^ Committee. Tenant members shall elect annually from among themselves a tenant members' 1 The rules may, if desired, provide for the representation of local authorities on the board of management. 682 APPENDIX VI Model committee ^ consisting of members and each rules. tenant member shall be entitled to one vote for the election of such committee. The committee, in addition to the rights, powers and duties which are conferred on or vested in them by these rules, shall have such rights, powers and duties as may be delegated to them, with their concurrence, by the board of management. 5. Votes of 31 embers. At all general meetings of the society each fully paid-up share against which there is no set-off in the books of the society shall carry one vote, and five times that amount of loan stock held by a member or tenant member shall carry one vote, but the possession of loan stock apart from membership shall not entitle its holder either to a vote or to attendance at meetings. Votes may be given personally or by proxy.^ 6. Security of Tenure. Each tenant shall have un- disturbed occupancy of his house and garden so long as — (a) He fulfils the tenancy regulations made by the board of management ; (6) He pays any rent or debts due from him to the Society ; and (c) He and the occupants of his house avoid any con- duct detrimental to good neighbourship : . Provided that a tenant shall not be given notice to quit by the board of management on the ground of conduct detrimental to good neighbourship except with the concurrence of the tenant members' committee. 7. Application of Profits. Any profits remaining to the society after providing for — (a) The annual charges in respect of interest and repayments of principal, on the loans and loan stock raised by the society ; (&) The taxes, rates, rents, insurance premiums, or other charges payable by the society in respect of any land or houses belonging to them ; (c) The costs of administration and management and of repairs of property ; (d) Such allocations to a reserve fund as may be determined by the board of management ; 1 The committee may, if desired, be a tenants' committee, ayjpointed by all the tenants of the societj\ But in that case the rules must provide that the members of the board of management appointed by the committee must bo tenant members of the society. See j'ule 4. * The regulations admit of further limitation being imposed on the number of votes which may be recorded by any one member. PUBLIC UTILITY SOCIETIES 683 (e) Any other necessary expenses incurred by the Model board of management ; and rules. (/) A dividend not exceeding the rate authorised by rule \ on the share capital of the society ; shall be applied, in such manner as the board of manage- ment may determine, for the benefit of the tenants generally. 8. Begulations by the Minister of Health. In order that financial assistance may be obtained from the Exchequer under the Housing, Town Planning, &c., Act, 1919, towards the loan charges in respect of any houses pro- vided by the society under a scheme approved by the Minister of Health under that Act, the regulations made by the Minister [which are set out in the appendix to these rules] - shall in all respects be complied with, and these rules, so far as they apply to any subject- matter of those regulations, shall have effect subject to those regulations. 1 Under the Housing, Town Planning, &c., Act, 1919, the rate may be 6 per cent. 2 The words in square brackets may be omitted. APPENDIX VII ADDITIONAL POWERS ACT DOCUMENTS Statutory Rules and Orders, 1920, No. 56 HOUSING, ENGLAND The Housing {Regulation of Building) Order, 1920, dated 22nd January 1920, made by the Minister of Health under section 5 (1) of Housing [Additional Powers) Act, 1919 (9 & 10 Geo. 5. c. 99). 65,788. The Minister of Health, under the powers conferred on him by section 5 (1) of the Housing (Additional Powers) Act, 1919,^ and all other powers enabling him in that behalf, hereby makes the following order : — 1. This order may be cited as the Housing (Regulation of Building) Order, 1920. 2. (1) In this order unless the context otherwise requires : — " The Act " means the Housing (Additional Powers) Act, 1919 ; " The Minister " means the Minister of Health ; " Building Owner " means the person for whom or on whose behalf any works or buildings are being or are proposed to be constructed ^ ; " Builder " means the person who is directly employed by the building owner to construct QiHy works or buildings, or, where no person is so employed, means the building owner ; " Order " means an order made by a local authority under subsection (1) of section 5 of the Act. ^ The operation of section 5 of the Act is hmited by section 15 to two years from the 23rd December 1919. * By section 5 (6) of the Act the expression " construction of any works or buildings " is defined as including the making of alterations or additions to existing works or buildings. 684 ADDITIONAL POWERS ACT DOCUMENTS 685 (2) The Interpretation Act, 1889/ shall apply to the Regulation interpretation of this order as it applies to the interpre- Qrd^r'^^*^^"^^ tation of an Act of Parliament. 3. (1) Before making an order in respect of any works or buildings the local authority shall give to the building owner and builder of those works or buildings not less than seven days' notice of their intention to make such order, and shall take into consideration any representa- tions or objections in writing which may be made by the building owner or builder or by any other person who satisfies the local authority that he is a person who would be aggrieved by the proposed order, if made. (2) The local authority may, in any casein which they think fit, afford to any person who is entitled to make and has made such representations or objections as afore- said an opportunity of appearing before and being heard by the local authority or by any committee appointed or authorised for that purpose by the local authority. 4. (1) Any order made by the local authority after considering any representations or objections so made shall come into force on the date specified in the order, not being later than twenty-one days after the date thereof. (2) The order may contain provisions authorising any work which may be specified therein for the purpose of the preservation or protection of the works or buildings under construction, and may exempt from the operation of the order any part of the works or buildings if the local authority is satisfied that the employment of labour or materials on that part of the works or buildings will not interfere with the provision of dwellmg accommoda- tion for the area of the local authority. 5. An order shall remain in force for such period not exceeding six months as may be specified therein : Provided that it shall be lawful for the local authority, if they think fit, at any time to vary or rescind the order or from time to time to extend the order for a further period not exceeding six months ; but in the case of any proposed variation (except bj^ way of relaxing the terms of the order) or of any proposed extension of the order the provisions of article 3 of this order shall apply in all respects as they apply to the making of the original order. » 52-3 Vict. c. 63. 686 APPENDIX vn Regulation 6. A duly certified copy of any order made by a local of Building authority or of any order varying, rescinding, or extending an existing order shall forthwith be served upon the building owner and builder and upon the persons, if any, who have made representations or objections with regard thereto. 7. (1) Any notice, order, or other document which in pursuance of the provisions of this order is required to be given or served by the local authority to or upon any building owner or builder or other person may be served : — (a) by sending the same by post as a registered letter to, or leaving it at, the usual or last known address or place of business of the person required to be served or by delivery of the same personally to him ; or (6) in the case of the building owner or the builder, if his name or address is not known to the local authority, by addressing the same to the building owner or the builder, as the case may be, and delivering it to the person in charge of the works or buildings under construction or affixing it in some conspicuous manner to the site of the works or buildings or proposed works or buildings. (2) In the case of a company or other corporate body delivery of any notice, order, or other document to their clerk or secretary or other person employed at their office shall be deemed to be delivery thereof personally to the person required to be served. 8. The forms set out in the schedule to this order or forms substantially to the like effect shall be used by the local authority for the purpose of this order. 9. The Minister may upon the application of a local authority dispense with the service of any notices required by this order or with any other requirement of this order if he is satisfied that there is reasonable cause for such dispensation, and any such dispensation may be given either before or after the time at which the notice is required to be served or other act or thing required to be done. ADDITIONAL POWERS ACT DOCUMENTS 687 SCHEDULE Reg\ilation of Bmlding Form 1 Order. Notice of Proposal to Prohibit Construction of Works or Buildings housing (additional powers) act, 1919 Toi of the J ^^ *- if ^IH^ ' ^^ ^^^^ works and buildings in course of construction [or proposed to be constructed] at ' being a place within the area of the council. Take notice that on the day of , 19 , the ' (hereinafter called " the council ") proposed to make an order under section 5 (1) of the Housing (Additional Powers) Act, 1919, prohibiting the construction of the above-mentioned works or buildings on the ground that the provision of dwelling accommodation for the area of the council is or is likely to be delayed by a deficiency of labour or materials arising out of the employment of labour or materials in the construction of those works or buildings, and that the construction of the said works or buildings is of less public importance for the time being than the provision of dwelling accommodation. And take notice that the council will consider any representations or objections in writing addressed to the clerk to the council at their office at ^ which reach the said office not later than the day of , 19 . [And take notice that you may appear before the council [or before the committee of the council] at their office at on the day of , 19 , and will be heard in support of your representations or objections.] Dated this day of , 19 • Signature of clerk of local authority ^ Insert name, residence or place of biisiness, and description, if known, of building owner or builder. If the name of the building 688 APPENDIX Vn Regulation owner or builder is not known, the notice may be addressed to " the of Building building owner " or " the builder," as the case may be. If the address Order. of either is not known, the notice may be served by being delivered to the person in charge of the works or building, or by being affixed in a conspicuous manner to the site. * Strike out the word not required. 3 Insert such a description of the site as will suffice for its identi- fication. * Insert name of local authority. ^ Insert address of local authority's office. Form 2 Form of Order under section 5 (1) of the Housing (Additionax, Powers) Act, 1919, Prohibiting Construction of Works or Buildings Whereas it has appeared to the ^ (hereinafter called '' the council ") that the provision of dwelling accommodation for their area is or is likely to be delayed by a deficiency of labour or materials arising out of the employment of labour and materials in the construction ^ of the works or buildings upon a site within the area of the council hereinafter described and that the construction of those works or buildings is of less public importance for the time being than the provision of dwelling accommodation : And whereas the notices required by the Housing (Regulation of Building) Order, 1920, to be served on the building owner and builder of the said works or buildings have been duly served and the council have taken into consideration all representations and objections made to them in accordance with the terms of the said order : Now, therefore, the council in exercise of the powers conferred on them by subsection (1) of section 5 of the Housing (Additional Powers) Act, 1919, hereby make the following order : — 1. [Save as hereinafter provided] the construction of the works and buildings now under construction or proposed to be constructed at ' is hereby prohibited. 2. This order shall come into operation on the day of , 19 , and shall con- tinue in operation until the day of , 19 . 3. Notwithstanding anything in this order, the following ADDITIONAL POWERS ACT DOCUMENTS 689 work may be carried out for the purpose of the preserva- Regulation tion or protection of the said works and buildings : — °^ Building [Specify in detail the iiature of the work authorised] 4. The following portions of the works and buildings are exempted from this order : — [Specify in detail the exempted portions] Dated this day of , 19 . {To he sealed ivith the common seal of the local authority) Signature of clerk of local authority. Note. — Any person who is served by the local authority with a copy of this order is entitled to appeal to the Minister of flealth within seven days after the copy of the order is served on him by giving notice of appeal in the form annexed. Any other person who is aggrieved by the order may appeal to the Minister of Health -wathin fourteen days after the date of the order by giving similar notice of appeal. Rules determining the procedure on any such appeal are contained in the Regulation of Building (Appeal Procedvu-e) Rules, 1920, which have been placed on sale, so that copies may be purchased, either directly or through any bookseller, from His Majesty's Stationery Office at the following addresses : Imperial Hoiise, Kingsway, London, W.C.I ; 28 Abingdon Street, London, S.W.I ; 37 Peter Street, Manchester ; and 1 St. Andrew's Crescent, Cardiff. Under section 5 (4) of the Housing (Additional Powers) Act, 1919, any person who acts in contravention of or fails to comply with any of the provisions of this order is liable on summary conviction to a fine not exceeding £100, and if the offence is a continviing offence, to a fine not exceeding £50 for each day during which the offence continues. 1 Insert name of local authority. 2 By section 5 (6) of the Housing (Additional Powers) Act, 1919, the expression " construction of any works or buildings " is defined as including the making of alterations or additions to existing works or buildings. 3 Insert such a description of the site as wiU suffice for its indenti- fication. Form of Notice of Appeal against Order of Local Authority HOUSING (ADDITIONAL POWERS) ACT, 1919 (Notice of appeal may be given by filling up and sending either this print or a copy of it to the Clerk to the Appeal Tribunal, Housing Department, Ministry of Health, Whitehall, London, S.W.I. Such notice must be given, in the case of a building owner, builder, or other person who has been served by the local authority with a copy of the order against which the appeal is made, within seven days after the date on which the copy is served on him. In the case of any other person aggrieved by the order notice of appeal must be given within fourteen days after the date of the order.) 44 690 APPENDIX VII Regulation Full name of appellant OrS'r'^'^'''^ Full address of appellant Address or description of the works or buildings in respect of which the appeal is made 1)iii1qbi* ^ I, the undersigned, being the - — -—■ within building owner the meaning of the Housing (Regulation of Building) Order, 1920, of the above-mentioned works or buildings, hereby appeal to the Minister of Health against the order dated the ,19 , and made by the ' prohibiting the construction of the said works or buildings. [Or' I, the undersigned, being a person aggrieved by an order dated the ,19 , and made by the' prohibiting the construction of the said works or buildings, hereby appeal to the Minister of Health against the said Order.] [^ A certified copy of the said order was received by me on the ,19 , and [a copy thereof] is enclosed herewith.] The grounds on which I appeal are as follows : — {Here insert a concise statement of the facts and grounds on which the appeal is based) Signature of appellant Date ^ Strike out whichever is inappUcable. * Strike out if inapplicable. 3 State name of local authority. * Strike out if the appellant has not been served with a certified copy of the order. Form 3 Form of Order rescinding Order under section 5(1) OF the Housing (Additional, Powers) Act, 1919, Prohibiting Construction of Works or Buildings Whereas by an order dated the day of 19 , the 1 (hereinafter called " the council ") prohibited the ADDITIONAL POWERS ACT DOCUMENTS 691 construction of the works or buildings under construction Regulation or proposed to be constructed at ^ °^ Building and the said order expires on the day of . ' And whereas it has appeared to the council that the grounds on which the said order was based no longer hold good and that the operation of the said order should accordingly be rescinded : Now THEREFORE the council in exercise of the powers conferred on them by subsection (1) of section 5 of the Housing (Additional Powers) Act, 1919, hereby rescind the said order. Dated this day of , 19 . [To he sealed with the common seal of the local authority) Signature of clerk of local authority ^ Insert name of local authority. ^ Insert such a description of the site as will suffice for its identi- fication. Form 4 Form of Order varying Order under section 5 (1) OF THE Housing (x4.dditional Powers) Act, 1919, Prohibiting Construction of Works or Buildings Whereas by an order dated the day of 19 , the 1 (hereinafter called " the council ") prohibited the con- struction of the works or buildings under construction or proposed to be constructed at - and the said order expires on the day of And whereas it has appeared to the council that it is expedient that the terms of the said order should be varied in the manner hereinafter appearing : 'And whereas the notices required by the Housing (Regulation of Building) Order, 1920, to be served upon the building owner and builder of the said works or build- ings have been duly served by the council and the council have taken into consideration all representations and objections made to them in accordance with the terms of the said order : Now THEREFORE the couucil in exercise of the powers conferred on them by subsection (1) of section 5 of the Housing (Additional Powers) Act, 1919, hereby order 692 APPENDIX VII Regulation that the terms of the said order dated the day OrcfeJ'^'^'''^ of , 19 , and relating to the works and buildings above referred to shall be varied as follows : [Specify in detail the variations of the original order'} Dated this day of , 19 . {To be sealed with the common seal of the local authority) Signature of clerk of local authority Note. — [3 Any person who is served by the local authority with a copy of this order is entitled to appeal to the Minister of Health within seven days after the copy of the order is served on him by giving notice of appeal in the form annexed. Any other person who is aggrieved by the order may appeal to the Minister of Health within foiirteen days after the date of the order by giving similar notice of appeal.] Seepage 694. Rules determining the procedure on any such appeal are contained in the Regi-ilation of Building (Appeal Procedure) Rviles, 1920, which have been placed on sale, so that copies may be purchased, either directly or through any bookseller, from His Majesty's Stationery Office, at the following addresses : Imperial House, Kingsway, London, W.C.I ; 28 Abingdon Street, London S.W.I ; 37 Peter Street, Man- chester ; and 1 St. Andrew's Crescent, Cardiff. Under section 5 (4) of the Housing (Additional Powers) Act, 1919 any person who acts in contravention of or fails to comply with any of the provisions of this order is liable on summary conviction to a fine not exceeding £100, and if the offence is a continuing offence, to a fine not exceeding £50 for each day during which the offence continues. ^ Insert name of local authority. 2 Insert such a description of the site as will suffice for its identi- fication. 3 This should be struck out in cases where the variation is by way of a relaxation of the terms of the original order. Form 5 Form of Order extending Order under section 5 (1) OF THE Housing (Additional Powers) Act, 1919, Prohibiting Construction of Works or Buildings Whereas by an order dated the day of 19 , thei (hereinafter called " the council ") prohibited the con- struction of the works or buildings under construction or proposed to be constructed at • and the said order expires on the day of And whereas it has appeared to the council that the grounds on which the said order was based still hold ADDITIONAL POWERS ACT DOCUMENTS 693 good and that the operation of the said order should Regulation be extended accordingly : of Building ^ *^ Order. And whereas the notices required by the Housing (Regulation of Building) Order, 1920, to be served upon the building owner and builder of the said works or buildings have been duly served by the council and the council have taken into consideration all representations and objections made to them in accordance with the terms of the said order : Now THEREFORE the council in exercise of the powers conferred on them by subsection (1) of section 5 of the Housing (Additional Powers) Act, 1919, hereby order that the said order dated the day of ,19 , and relating to the works and buildings above referred to shall continue in operation until the day of , 19 . Dated this day of , 19 . {To he sealed ivith the common seal of the local authority) Signature of clerk of local authority Note. — Any person who is served by the local authority with a copy of this order is entitled to appeal to the Minister of Health within seven days after the copy of the order is served on him by giving notice of appeal in the form annexed. Any other person who is aggrieved by the order may appeal to the Minister of Health within fourteen days after the date of the order by gi\'ing similar notice of appeal. Riiles determining the procedure of anj' such appeal are contained See page 694. in the Regulation of Building (Appeal Procedure) Rules, 1920, which have been placed on sale, so that copies may be piu-chased, either directly or through any bookseller, from His Majesty's Stationery Office, at the following addresses : Imperial House, Kingsway, London, W.C.I ; 28 Abingdon Street, London, S.W.I ; 37 Peter Street, Man- chester ; and 1 St. Andrew's Crescent, Cardiff. Under section 5 (4) of the Housing (Additional Powers) Act, 1919, any person who acts in contravention of or fails to comply with any of the provisions of this order is liable on summary conviction to a fine not exceeding £100, and if the offence is a continuing offence, to a fine not exceeding £50 for each day during which the offence continues. 1 Insert name of local authority. 2 Insert such a description of the site as wUl suffice for its identi- fication. Given under the official seal of the Minister of Health, this Twenty-second day of January, in the year One thousand nine hundred and twenty. (L.s.) Christopher Addison. 694 APPENDIX VII Appeal Statutory Rules and Orders, 1920, No. 57 Procedure Rules. HOUSING, ENGLAND The Regulation of Building {Appeal Procedure) Rules, 1920, dated 22nd January 1920, made hy the Minister of Health under section 5 (2) of the Housing {Additional Powers) Act, 1919 (9 dh 10 Geo. 5. c. 99). 65,789. The Minister of Health, under the powers conferred on him by section 5 (2) of the Housing (Additional Powers) Act, 1919, and all other powers enabling him in that behalf, hereby makes the following rules : — 1. These rules may be cited as the Regulation of Building (Appeal Procedure) Rules, 1920. 2. (1) In these rules, unless the context otherwise requires — " The Act " means the Housing (Additional Powers) Act, 1919 ; " The Minister " means the Minister of Health ; " Order " means an order made by a local authority under section 5 (1) of the Act ; " Appeal tribunal " means the standing tribunal of appeal to be appointed by the Minister under Section 5 (2) of the Act ; " Clerk to the appeal tribunal " means such person as the Minister ma}^ from time to time appoint to act as clerk to the appeal tribunal ; " Building owner " and '' builder " have the same meaning as in the Housing (Regulation of Building) Order, 1920. ^ (2) The Interpretation Act, 1889," shall apply to the interpretation of these rules as it applies to the interpre- tation of an Act of Parliament. 3. (1) An appeal to the Minister from an order made by a local authority by any person aggrieved thereby shall be made by sending to the clerk to the appeal tribunal a notice of appeal signed by the appellant or by his duly authorised agent. (2) Such notice of appeal must be sent in the case of a building owner or builder or other person who has been ' SU. & O., 1920, No. 56. 2 52 3 Vict. c. 63. ADDITIONAL POWERS ACT DOCUMENTS 695 served by the local authority with a certified copy of Appeal the order within seven days after the date on which the Procedure • 1 • 11- -1 <• 1 Rules, said copy is served on him, or in the case oi any other person aggrieved by the order within fourteen days after the date of the order. (3) In the case of a building owner or builder or other person who has been served with a certified copy of the order, such certified copy or a copy thereof shall be sent with the notice of appeal. 4. The clerk to the appeal tribunal shall, as soon as may be after receipt of the notice aforesaid, send to the local authority a copy of the notice of appeal. o. The local authority shall, within seven days after the receipt by them of the said notification, send a notice to the clerk to the appeal tribunal and to the appellant stating whether and to what extent they admit the facts stated in the appellant's notice of appeal and including a concise statement of the grounds on which the order is based. 6. The appeal tribunal may at any stage of the pro- ceedings allow the amendment of any notice, statement, or particulars on such terms as they think fit, and may require the appellant or the local authority within a specified time to furnish in writing such further particulars as they think necessary. 7. (1) If, after considering the notice of appeal and the statement of the local authority in reply and any further particulars which may have been furnished by either party, the appeal tribunal are of opinion that the case is of such a nature that it can properly be determined without a hearing, they may dispense with a hearing, and may determine the appeal summarily. (2) Subject as aforesaid, the appeal tribunal shall fix a date for the hearing of the appeal, and shall give not less than seven days' notice to the appellant and the local authority of the time and place of the hearing. 8. Before the consideration of an appeal made by any person other than the building owner or builder or other person who has been served by the local authority with a certified copy of the order against which the appeal is made, the appeal tribunal shall decide whether the appellant is a person aggrieved by the order, and their decision shall be final and conclusive. 9. The procedure of the appeal tribunal at the heaiiug Appeal Procedure Rules. 696 APPENDIX VII of an appeal shall be such as they may from time to time determine. 10. The appeal tribunal may, if they think fit, and subject to such conditions as they may impose, proceed with the consideration of any appeal, notwithstanding any failure or omission by any person to comply with the requirements of these rules. 11. The decision of the appeal tribunal shall be in writing signed by the chairman and clerk, and a copy of the decision shall forthwith be sent to the appellant and to the local authority. 12. The forms set out in the schedule to these rules or forms substantially to the like effect shall be used for the purpose of these rules. 13. (1) Any notice or other document required or authorised by these rules to be sent to the clerk to the appeal tribunal shall be sufficiently sent if sent by post in a registered letter addressed to the Clerk of the Appeal Tribunal, Ministry of Health, Whitehall, London, S.W.I. (2) Any notice or other document required or author- ised by these rules to be sent by the clerk to the appeal tribunal or by the local authority to any appellant shall be sufficiently sent if sent by post to the address stated in the notice of appeal. (3) Unless the contrary is proved any notice or document sent as aforesaid shall be deemed to be served at the time at which a letter would be delivered in the ordinary course of post. SCHEDULE Form I Form of Notice of Appeal against Order of Local Authority HOUSING (ADDITIONAL POWERS) ACT, 1919 (Notice of appeal may be given by filling up and sending cither this print or a copy of it to the Clerk to the Appeal Tribunal, Housing Department, Ministry of Health, Whitehall, London, S.W.I. Such notice must be given, in the case of a building owner, builder, or other person who has been served by the local authority witli a copy of the order against which the appeal is made, within seven days after the date on which the copy is served on him. In the case of any other person aggrieved by the order notice of appeal must be given within fourteen days after the date of the order.) Full name of appellant Full address of appellant ADDITIONAL POWERS ACT DOCUMENTS 697 Address or description of the works or buildings in re- Appeal spect of which the appeal is made Procedure ^ Rules. I, the undersigned, being the :j — -— within bunding owner the meaning of the Housing (Regulation of Building Order, 1920, of the above-mentioned works or buildings, hereby appeal to the Minister of Health against the order dated the ,19 , and made by the ^ prohibiting the construction of the said works or buildings, [Or ' I, the undersigned, being a person aggrieved by an order dated the ,19 , and made by the - prohibiting the construction of the said works or buildings, hereby appeal to the Minister of Health against the said order.] [* A certified copy of the said order was received by me on the ,19 , and [a copy thereof] is enclosed herewith.] The grounds on which I appeal are as follows : — [He7x insert a concise staternent of the facts and grounds on which the appeal is based] Signature of appellant Date 1 Strike out whichever is inapplicable. 2 State name of local authority. 3 Strike out if inapplicable. * Strike out if the appellant has not been served with a certified copy of the order. Form II Form of Statement of Reply by Local Authority HOUSING (ADDITIONAL POWERS) ACT, 1919 In the matter of an appeal made by ' of against an order dated the ,19 , prohibiting the construction of works or buildings at - 698 APPENDIX VII Appeal The grounds on which the above-mentioned order was Procedure based are as follows : — Kules. [Here insert concise statement of grounds'] The following facts stated in the appellant's notice of appeal are admitted : — [Here insert statement of facts admitted] Dated the day of , 19 . Signature of clerk of local authority, ^ State name and address of appellant. 2 Insert description of site. Given under the oJBficial seal of the Minister of Health, this Twenty-second day of January, in the year One thousand nine hundred and twenty. (l.s.) Christopher Addison. Statutory Rules and Orders, 1920, No. 197 HOUSING, ENGLAND The Housing {Local Bonds) Regidations, 1920, dated 25th February 1920, made by the Minister of Health under paragraph (6) of the Schedule to the Housing {Additional Powers) Act, 1919 (9