(2) cf. sec. 50 of Housing Act, Public Health Act, 1897. By sec. 144 local authorities are empowered in general terms to purchase by agreement or otherwise any lands within or without their district, and by agreement to take on lease, sell, or exchange any lands within or without their district; and also to buy up any water mill, dam, or weir which interferes with the proper drainage of or supply of water to their district. (3) The Board, i.e., the Scottish Board of Health (sec. 1 (2), ante).

(4) Part I., Third Schedule, see p. 161, post.

(5) Notwithstanding that the land is not immediately required. This important provision enables local authorities to acquire land against future needs. Anything in the nature of speculation in land is, of course, discountenanced by the Board. Similar provision as regards land for the purposes of Part III. of the Housing (Scotland) Act, 1925, is made by sec. 44 (3) of that Act.

(6) Part II., Third Schedule, see p. 162, post.

As to provisions as to the acquisition of land and assessment of compensation, see Parts I. and II. of the Third Schedule.

9. (1) Any purchase money or compensation payable in pursuance of this Act by a responsible authority or other local authority in respect of any lands, right or interest of another local authority which would, but for this section, be paid into bank in manner provided by the Lands Clauses Acts may, if the Board consent, instead of being paid into bank, be paid and applied as the Board determine.

(2) Any such decision of the Board as to the payment and application of any such purchase money or compensation shall be final and conclusive.

Lands Clauses Acts.-The provisions referred to are secs. 67 and 75 of the Lands Clauses (Consolidation) Act, 1845.

10. Any person whose property is injuriously affected by the making of a town planning scheme, or by the carrying into effect of any provision of a town planning scheme, shall, if he makes a claim for the purpose within the time (if any) limited by the scheme, not being less than three months after the date when notice of the approval of the scheme is published in the manner prescribed by regulations made by the Board, be entitled to obtain compensation in respect thereof from the responsible authority.

(2) A person shall not be entitled to obtain compensation under this section on account of any building erected on, or contract made or other thing done with respect to, land in

cluded in a scheme, after the date of the resolution of the local authority to prepare or adopt the scheme, or after the date when such resolution takes effect, or after the date when the Board have authorised a scheme to be made by virtue of any power conferred on them for that purpose by this Act (as the case may be), or, in cases where before the nineteenth day of August, nineteen hundred and nineteen, the preparation or adoption of a town planning scheme was authorised, after the date on which the application for authority to prepare or adopt the scheme was made, or after such other time as the Board may fix for the purpose:

Provided that

(a) this provision shall not apply as respects any work done before the date of the approval of the scheme for the purpose of finishing a building begun, or of carrying out a contract entered into, before such date or other time as aforesaid;

(b) 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 Board allowing the development of estates and building operations to proceed pending the preparation, adoption or making 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.

(3) Where, by the making of any town planning scheme, any property is increased in value, the responsible authority, if they make a claim for the purpose within the time (if any) limited by the scheme (not being less than three months after the date when notice of the approval of the scheme is first published in the manner prescribed by regulations made by the Board), shall be entitled to recover from any person whose property is so increased in value one-half of the amount of that increase.

(4) Any question as to whether any property is injuriously affected or increased in value within the meaning of this section, and as to the amount and manner of payment (whether by instalments or otherwise) of the sum which is to

be paid as compensation under this section, or which the responsible authority are entitled to recover from a person whose property is increased in value, shall be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, unless the parties agree on some other method of determination.

(5) Any amount due under this section as compensation to a person aggrieved from a responsible authority, or to a responsible authority from a person whose property is increased in value, may be recovered in a summary manner.

(6) Where a town planning scheme is revoked by an order of the Board under this Act, any person who has incurred expenditure for the purpose of complying with the scheme shall be entitled to compensation in accordance with this section in so far as any such expenditure is rendered abortive by reason of the revocation of the scheme.

(1) Any person. The right to claim compensation does not depend upon the claimant's " property " forming part of the area covered by the scheme, but solely upon his ability to establish injurious affection as defined in the Act and upon his compliance with the prescribed conditions.

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Property. The term is wide enough to cover any right capable of being depreciated in value through the carrying into effect of a town planning scheme.

Injuriously affected.-See next section. As to what constitutes injurious affection," see Hudson on Compensation, vol. i., pp. 322 et seq. The most important principle to keep in view is that the injury must be such as would give rise to a right of action if the Act causing it were not authorised by statute.

When resolution takes effect.-When a resolution to prepare or adopt a scheme affects lands beyond the boundaries of the local authority's district, the resolution does not "take effect " until approved by the Board. See proviso (ii) to sec. 2 (1).

Before the 19th day of August, 1919, i.e., before the passing of the Housing, &c., Act of 1919. Under sec. 54 of the 1909 Act it was necessary not only that a scheme should be approved by the Board, but that the local authority should have previously obtained the authority of the Board to prepare or adopt the scheme. Such authority was rendered unnecessary by sec. 34 of the 1919 Act, which is re-enacted as sec. 2 (1) of this Act.

The proviso empowering the Board to grant "permission in special cases for building operations to proceed avoids unnecessary hindrance to the legitimate development of areas likely to be affected by schemes.

See also sec. 4, ante, as to the development of estates pending preparation of town planning schemes. See also sec. 44

(1) (c) (ii) of the Housing (Scotland) Act, 1925, p. 59, ante, as to selling, feuing, and leasing land necessary or desirable for the development of the land as a building estate. See on this point Local Government Board Report, 1912, p. xix.

As to the principle of "betterment,' see Majority Report of Royal Commission on Housing, par. 1638, and introduction, P. 43.

See Procedure Regulations, p. 297, post.

See Circular Letter of Board, p. 304, post.

11. (1) Where property is alleged to be injuriously affected by reason of any provisions contained in a town planning scheme, no compensation shall be paid in respect thereof if/or so far as the provisions are also contained in any public, general or local Act or Order having the force of an Act of Parliament in force in the area, or are such as would have been enforceable if they had been contained in bye-laws made by the local authority.

(2) Property shall not be deemed to be injuriously affected by reason of the making of any provisions inserted in a town planning scheme, which prescribe the space about buildings or limit the number of buildings to be erected, or prescribe the height or character of buildings, and which the Board, having regard to the nature and situation of the land affected by the provisions, consider reasonable for the purpose.

(3) Where a person is entitled to compensation under this Act in respect of any matter or thing, and he would be entitled to compensation in respect of the same matter or thing under any other enactment, he shall not be entitled to compensation in respect of that matter or thing both under this Act and under that other enactment, and shall not be entitled to any greater compensation under this Act than he would be entitled to under the other enactment.

This section is very fully discussed in Ellis v. Ruislip-North Wood U.D.C., 1920, 1 K.B. 343; 35 T.L.R. 673. The effect as regards the right to compensation of a clause in a town planning scheme was there considered which prescribed a building line whereby a proprietor was deprived of a strip of land along the whole length of his property. It was held (1) that a claim to compensation was not barred by sub-sec. (1) of the corresponding sec. 59 of the 1909 Act, as the local authority had no express power to prescribe a building line and could not justify the clause as a bye-law prescribing the space in front of buildings; and (2) that the claim was not barred by sub-sec. (2), as the prescription of a building line was not a prescription of the space about buildings.

12. (1) The responsible authority may, at any time within one month after the date of an award of compensation in respect of property injuriously affected by the making of a town planning scheme, give notice to the owner of that property of their intention to withdraw or modify all or any of the provisions of the scheme which gave rise to the claim for compensation.

(2) Where such notice has been given, the responsible authority shall, within three months from the date of the notice, submit for the approval of the Board a varying scheme carrying into effect such withdrawal or modification as aforesaid, and upon approval by the Board of the varying scheme, whether with or without modification, and payment by the authority of the owner's expenses of and in connection with the arbitration, the award of the arbiter shall be discharged without prejudice, however, to the right of the owner to make a further claim for compensation in respect of the said scheme as varied.

No award of compensation in respect of property injuriously affected by the making of a town planning scheme shall be enforceable within one month from the date thereof, or, if notice has been given by the authority under the preceding sub-section, pending the decision of the Board on the varying scheme.

This section re-enacts sec. 20 of the Housing, &c., Act, 1923. Part II. of that Act (which includes sec. 20) is repealed by the Fourth Schedule to this Act.

Responsible authority.-See sec. 5 (2) (b), ante.

As to expenses incurred by the local authority, see sec. 20, post.

As regards notices, &c., see sec. 6, ante, empowering the Board to make regulations regarding procedure.

See Second Schedule, p. 160, post. See also Procedure Regulations, p. 297, post.

13. (1) Where the Board are satisfied, after holding a public local inquiry, that a town planning scheme ought to be made by a local authority with respect to any land in regard to which a town planning scheme may be made under this Act, 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