Page images
PDF
EPUB

sary for enforcing the observance of the scheme or any provisions thereof effectively and for executing any works which under the scheme or under this Act the authority are required

to execute.

(2) Any order made by the Board under this section shall have the same effect as a resolution of the local authority deciding to prepare a town planning scheme with respect to 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 in the place and at the expense of the local authority.

See next section.

Local inquiry.-See sec. 17, post.

Works required to be executed. See sec. 7, ante.

Effect of resolution.—See in particular sec. 10, ante, as to effect of the resolution as regards award of compensation.

14. If the Board are satisfied on any representation, after holding a public local inquiry at which the authority concerned shall have had an opportunity of being heard

(a) that a local authority have failed to adopt any scheme proposed by owners of any land in a case where the scheme ought to be adopted or have unreasonably refused to consent to any modifications or conditions imposed by the Board with respect to any scheme prepared or adopted by the local authority;

or

(b) that a responsible authority have failed to enforce effectively the observance of a scheme which has been approved by the Board, or any provisions thereof, or to execute any works which under the scheme or this Act the authority are required to execute;

the Board may, with the approval of the Lord Advocate, apply by summary petition to either Division of the Court of Session, or during vacation or recess to the Lord Ordinary on the Bills, for an order on the authority to adopt the scheme, or to consent to the modifications or conditions so imposed,

or to do all things necessary for enforcing the observance of the scheme or any provisions thereof effectively, or for executing any works which under the scheme or this Act the authority are required to execute, as the case requires; and such Division or Lord Ordinary are hereby authorised and directed to do in such petition and to dispose of the expenses of the proceedings as to the said Division or Lord Ordinary shall appear to be just.

For an attempted application of the corresponding provision in the 1909 Act, see Local Government Board Report, This section will be practically superseded by sec. 13,

1911. ante.

15. (1) Where the Board are satisfied that any local authority (including a county council), or two or more local authorities jointly, or any authorised association, are prepared to purchase and develop, in accordance with a scheme approved by the Board

(a) any land as a

land as a garden city (including a garden suburb or a garden village);

(b) any land in regard to which a town planning scheme may be made;

and have funds available for the purpose, the Board may, with the consent of the Treasury, and after consultation with the Board of Trade, the Board of Agriculture for Scotland, 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 the Board necessary or expedient so to do for the purpose of securing the development 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.

(2) The provisions of this Act relating to the powers of a local authority to acquire land for the purposes of a town planning scheme shall apply for the purpose of the acquisition of land by the Board under this section, and the Board in exercising their powers of acquiring land under this section shall be subject to the same conditions as are applicable to the acquisition of land under this Act by a local authority:

Provided that, in the case of an order for the compulsory 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 Board unless and until both Houses by resolution have approved the order, nor, if any modifications are agreed to by both Houses, otherwise than as so modified.

(3) A local authority shall have power to acquire land for the purposes of a scheme approved by the Board under this section, and to develop any land so acquired in accordance with the scheme.

(4) In this section "authorised association" means any society, company or body of persons approved by the Board 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 the issue of any share or loan capital with interest or dividend exceeding the rate for the time being prescribed by the Treasury, and any authorised association shall have power, notwithstanding anything in its rules or constitution prohibiting the payment of interest on loan capital at a rate exceeding six per centum per annum, to raise money on loan at a rate of interest not exceeding the rate for the time being prescribed by the Treasury.

This section is in somewhat similar terms to sec. 10 of the Housing (Additional Powers) Act, 1919, as amended by sec. 8 of the Housing Act, 1920. Sec. 10 of the 1919 Act, and sec. 8 of the 1920 Act, so far as relating to sec. 10, are repealed by the Fourth Schedule to this Act, p. 163, post.

16. Where the Board are authorised by this Act or any scheme made under this Act or any enactment repealed by this Act to determine any matter, it shall, except as otherwise expressly provided by this Act, be at their option to determine the matter as arbiters or otherwise, and, if they elect or are required to determine the matter as arbiters, the provisions of the Regulation of Railways Act, 1868, respecting arbitrations by the Board of Trade, and the enactment amending those provisions, shall apply as if they were herein re-enacted and in terms made applicable to the Board and the determination of the matters aforesaid.

By sec. 10, ante, questions of "injurious affection" and "betterment are to be determined by arbitration in accord

[ocr errors]

ance with the Acquisition of Land (Assessment of Compensation) Act, 1919, unless otherwise agreed upon. To such cases this section has no application. By sec. 1 (3), ante, the Board are given jurisdiction to determine whether land is likely to be used for building purposes, and by sec. 11, ante, they are made the judges of the reasonableness of provisions in town planning schemes regarding the space about buildings, or their number, height, or character. In these cases the Board may elect to determine the matter as arbiters" or "otherwise." By sec. 7 (3), ante, however, the Board must act as arbiters" unless the parties otherwise agree in deciding disputes as to the operation of a town planning scheme.

66

The Regulation of Railways Act, 1868 (31 & 32 Vict. c. 119), makes the following provisions with regard to arbitrations :Sec. 30. Whenever the Board of Trade are required to "make any award or to decide any difference in any case "in which a company is one of the parties, they may appoint an arbitrator to act for them, and his award or decision "shall be deemed to be the award or decision of the Board. "If the arbitrator dies, or, in the judgment of the Board becomes incapable or unfit, the Board may appoint another arbitrator."

[ocr errors]

66

Sec. 31 provides for remuneration of arbiters, and sec. 32 incorporates secs. 18-29 inclusive of the Railway Companies Arbitration Act, 1859 (22 & 23 Vict. c. 59), which deal with matters of procedure.

17. (1) For the purposes of the execution of their powers and duties under this Act, the Board may cause such local inquiries to be held as they may think fit, and the expenses incurred in relation to any such local inquiry (including the remuneration of any person employed by the Board for the purpose of the inquiry) shall be paid by the authorities and persons concerned in the inquiry, or by such of them in such proportions as the Board may direct, and the Board may certify the amount of the expenses incurred, and any sum so certified and directed by the Board to be paid by any authority or person shall be a debt to the Crown from such authority or person.

(2) Except so far as inconsistent with the provisions of the preceding sub-section, sections seven, eight, nine and ten of the Public Health (Scotland) Act, 1897, shall apply for the purpose of local inquiries ordered by the Board under this Act.

See secs. 18, 31 (3), 38, 39, 40, 61, and 62 of the Housing Act, 1925, for the provisions as to inquiries under that Act. See also Local Government (Scotland) Act, 1889, sec. 53 (2).

The sections of the Public Health (Scotland) Act, 1897, are as follows:

:

Sec. 7. The Board are given power to authorise one of their members to conduct local inquiries, the expenses incurred by that member to be reimbursed by the Board.

Sec. 8. The Board are given power to conduct inquiries by means of commissioners who are not members of the Board. Sec. 9. Provision is made as to expense of witnesses.

Sec. 10. Provision is made for penalties to be imposed on persons refusing to obey the summons of the Board or giving false evidence.

18. In any proceedings under this Act the Board shall have regard to the powers and jurisdiction of the Dean of Guild Court in burghs.

Dean of Guild Court.-Burgh Police (Scotland) Act, 1892, secs. 201-9; Burgh Police (Scotland) Act, 1903, secs. 36-43.

19. (1) Where any land proposed to be included in a town planning scheme, or any land proposed to be acquired under this Act, is situate within the prescribed distance from any of the royal palaces or parks, the authority shall, before preparing the scheme or acquiring the land, communicate with the Commissioners of Works, and the Board shall, before confirming the scheme or authorising the acquisition of the land or the raising of any loan for the purpose, take into consideration any recommendations they may have received from the Commissioners of Works with reference to the proposal.

(2) For the purposes of this section, " prescribed" means prescribed by regulations made by the Board after consultation with the Commissioners of Works.

This section, which re-enacts sec. 74 of the 1909 Act, is in similar terms to sec. 87 of the Housing (Scotland) Act, 1925. For Regulations, see p. 271, post.

[ocr errors]

The prescribed distance is half a mile."

20. (1) For the purposes of this Act, the local authority and the district of the local authority shall respectively be the local authority for the purposes of the Public Health (Scotland) Act, 1897, and the district of that authority.

(2) Any expenses incurred by a local authority under this Act, or any scheme made under this Act or any enactment repealed by this Act, shall be defrayed by them out of the Public Health General Assessment, but such expenses shall

« EelmineJätka »