duly consider the report of the person by whom the public inquiry is held.

6. In construing for the purposes of this Schedule or any order made thereunder any enactment incorporated with the order, this Act together with the order shall be deemed to be the special Act, and the local authority shall be deemed to be the promoters of the undertaking.

7. The reference to sections seventy-one to seventy-eight of the Railways Clauses Consolidation (Scotland) Act, 1845, shall be construed as a reference to those sections as originally enacted and not as a reference to the provisions which by virtue of the 13 & 14 Geo. Mines (Working Facilities and Support) Act, 1923, are in certain cases to be substituted for those sections.

5, c. 20.

PART II.

RESTRICTIONS ON ACQUISITION OF LAND.

1. Nothing in this Act shall authorise the acquisition for the purposes of any town planning scheme of any land which is the site of an ancient monument or other object of archæological interest.

2. Nothing in this Act shall authorise the compulsory acquisition of any land which is the property of any local authority, or has been acquired by any corporation or company for the purposes of a railway, dock, canal, water or other public undertaking, or which, at the date of the order authorising the compulsory acquisition of the land, forms part of any park, garden or pleasure ground, or is otherwise required for the amenity or convenience of any house.

3.-(1) Where any scheme or order under this Act authorises the acquisition or appropriation of any land forming part of any common or open space, the scheme or order, so far as it relates to the acquisition or appropriation of such land, shall be provisional only, and shall not have effect unless and until it is confirmed by Parliament, except where the scheme or order provides for giving in exchange for such land other land, not being less in area certified by the Board, after consultation with the Board of Agriculture for Scotland, to be equally advantageous to the persons, if any, entitled to common or other rights and to the public.

(2) Before giving any such certificate the Board shall give public notice of the proposed exchange, and shall afford opportunities to all persons interested to make representations and objections in relation thereto, and shall, if necessary, hold a local inquiry on the subject.

(3) Where any such scheme or order authorises such an exchange, the scheme or order shall provide for vesting the land given in exchange in the persons in whom the common or open

space was vested, subject to the same rights, trusts, and incidents as attached to the common or open space, and for discharging the part of the common or open space acquired or appropriated from all rights, trusts, and incidents, to which it was previously subject. (4) For the purposes of this Part of this Schedule, the expression common includes any town or village green; and the expression" open space means any land laid out as a public garden or used for the purposes of public recreation, and any dis

used burial ground.

THE HOUSING, TOWN PLANNING, &c. (SCOTLAND), ACT, 1919.

(9 & 10 GEO. V. CH. 60.)
(So far as unrepealed.)

PART I.

HOUSING OF THE WORKING CLASSES.

20. Purchase of building materials from Government Department. Subject to any conditions prescribed by the Board with the consent of the Treasury, 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 improving 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.

The power conferred by this section lapsed as at 19th August, 1924.

22. Consent of local authority to erection and use of buildings. (1) Notwithstanding the provisions of any building regulations, a local authority may, during the period of three years after the passing of this Act, consent to the erection and use for human habitation of any buildings erected or proposed to be erected in accordance with any regulations made by the Board.

(2) The local authority may attach to their consent any condition which they may deem proper with regard to the situation, sanitary arrangement, 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 with the con

ditions on which such consent is given, or as to the period for which consent is allowed for the use of such buildings for human habitation, he may appeal to the Board, whose decision shall be final, and shall have effect as if it were the decision of the local authority.

This is an emergency provision, and it has been continued until 31st December, 1926, by Expiring Laws Continuance Act, 1925.

As to building regulations, see sec. 80 of the Housing (Scotland) Act, 1925, p. 93, ante.

Miscellaneous.

23. Publication of details of progress in connection with approved schemes.—It shall be the duty of the local authority or county council, as the case may be, to furnish to the Board on the thirty-first day of March, nineteen hundred and twenty, and at intervals of twelve months thereafter until the thirtyfirst day of March, nineteen hundred and twenty-seven, a return showing for the period up to the thirty-first of March, nineteen hundred and twenty, and thereafter for the twelve months preceding the date of the return—

(a) the number of houses completed under any approved scheme;

(b) the average number of apartments in such houses;

(c) the number of such houses occupied;

(d) the average cost of the completed houses so far as ascertained;

(e) the average rent of the houses occupied;

and the Board shall prepare and publish a summary of the returns as soon as may be after they have been received.

Originally the return required to be made to the Board every six months, but by sec. 23 (16) of the Housing, &c., Act, 1923, p. 191, post, the period is extended to twelve months. See also Appendix I., p. 266, post.

31. Construction.-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 superseded or amended are contained, and references in this 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;

The expression" public utility society means a society registered under the Industrial and Provident Societies Acts, 1893 to 1913, or any amendment thereof, the rules whereof prohibit the payment of any interest or dividend at a rate exceeding six per centum per annum;

The expression "housing trust

means a corporation or body of persons which by the term 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;

The expression "building regulations" means any statutory enactments, bye-laws, rules, and regulations or other provisions under whatever authority made, relating to the construction of new buildings and the laying out of and construction of new streets or roads.

See the Sixth Schedule to the Housing (Scotland) Act, 1925, p. 134, ante, which provides that the section is left unrepealed so far as required for the interpretation of the repealed provisions of that Act.

Lodging-houses for the working classes.-This expression does not occur in the 1925 Housing Act. For provisions in that Act as to lodging-houses, see secs. 43 (3), p. 57, and 55 (2) and (3), pp. 66-67, ante.

Public utility society. See definition in sec. 119 of 1925 Housing Act, p. 124, ante.

Housing trust. The definition here is repeated in the 1925 Housing Act.

See sec. 119 of the Act of 1925 and notes thereon, and sec. 82 of the same Act, p. 96, ante, as to "building regulations,” and sec. 119 as to

street."