Page images
PDF
EPUB

that scheme or elsewhere), of such amounts, for such periods, and subject to such conditions as, with the approval of the Treasury and after consultation with the local authority, the Board may determine, so, however, that the annual contributions in respect of any such rehousing scheme shall not exceed one-half of the estimated average annual loss likely to be incurred by the local authority in carrying out the scheme.

(4) Where within fifteen months before the passing of this Act a local authority have submitted to the Board proposals for assisting persons or bodies of persons undertaking to construct houses, or for the provision of houses by the local authority themselves, or where after the twenty-fifth day of April, nineteen hundred and twenty-three, and before the passing of this Act, a society, body of trustees or company to which section three of this Act applies have submitted proposals for the provision of houses, and such proposals have been approved by the Board otherwise than for the purposes of section five or section sixteen of the Housing, Town Planning, &c. (Scotland), Act, 1919, contributions may be made of the like amount as if the assistance had been given or the houses provided after the passing of this Act, and notwithstanding that the houses do not comply in every respect with the conditions imposed by or under this section.

(5) (For substituted section applicable to Scotland, see section 23 (6), post.)

(6) (Not applicable to Scotland.)

The Scottish Board of Health is the central authority in Scotland, and functions in place of the Minister of Health in England. See sec. 23 (1), post, p. 189.

"Part III. of the Housing of the Working Classes Act, "1890."-The Act of 1890 is now repealed (vide Sixth Schedule to the Housing (Scotland) Act, 1925). For "Part III. of the Housing of the Working Classes Act, 1890," the reference will now be to Part III. of the Housing (Scotland) Act, 1925. See sec. 38 of the Interpretation Act, 1889.

[ocr errors]

Paragraph (b) of sub-sec. (1) of sec. 1.-The original paragraph read "Where the local authority satisfy the Board that the needs of their area can more appropriately be met by "the provision of such houses wholly or partly by the authority "themselves, towards any expenses incurred by the authority "in making such provision.

[ocr errors]

Under the new paragraph the local authority are entitled to a State contribution in respect of houses provided by themselves

without having to satisfy the Board that the needs of their area can be more appropriately met in this manner.

A contribution under this section.-See sec. 2 (1) of the Housing (Financial Provisions) Act, 1924, p. 194, post, for increased Government contributions in the case of houses which are subject to special conditions.

See sec. 23 (5), post, p. 189.

See also sec. 23 (6), post, p. 190.

See Appendix I., pp. 244 et seq., post.

2. Power of local authorities to promote the building of houses by means of grants, &c.-(1) Local authorities for the purposes of Part III. of the principal Act may, in accordance with proposals submitted by them to the Board and approved by the Board, promote the building of houses, whether within or without their areas, by giving or undertaking to give assistance in respect thereof in manner hereinafter provided.

(2) Before approving proposals under this section the Board shall be satisfied

(a) that the houses in respect of which assistance is proposed to be given are of the type and size specified in section one of this Act;

(b) that the need for such houses cannot be met without assistance under this Act.

(3) Assistance under this section may be given in any of the following ways; that is to say, the local authority

may

(a) make or undertake to make grants by way of lump sum payments after the completion of the houses; (b) undertake to pay to the person by whom the rates on any house are payable such annual sum as may be specified in the proposals for a period not exceeding twenty years;

(c) undertake to provide, during such period as may be specified in the proposals, any part of the periodical sums payable to a building society incorporated under the Building Societies Acts, 1874 to 1894, or other body or person, by way of interest on or repayment of advances made for the purpose of building a house or purchasing a house the construction of which was begun after the

twenty-fifth day of April, nineteen hundred and twenty-three.

(4) Assistance given by a local authority under this section in respect of a house may be made subject to such conditions as the local authority may with the approval of the Board impose, including a condition that during such period as may be specified by the local authority the house shall not be used otherwise than as a separate dwelling-house and no addition thereto or enlargement thereof shall be made without the consent of the local authority.

(5) A local authority may, before undertaking to give assistance under this section in respect of any house, require security to be given that the conditions subject to which the assistance is given will be observed.

(6) The raising of money for making grants under this section shall be a purpose for which a local authority may borrow under Part III. of the principal Act, and shall be a purpose for which the Public Works Loan Commissioners may lend money to a local authority.

(7) (Not applicable to Scotland.)

(8) This section shall be deemed to have had effect as from the twenty-sixth day of April, nineteen hundred and twentythree.

[merged small][ocr errors]

Principal Act."-See sec. 38 of the Interpretation Act,

As to the increase in the amount of the grants and the conditions under which same are to be paid, see secs. 2 and 3 of the Housing (Financial Provisions) Act, 1924, and notes, pp. 195, 201, post.

(3) (a) Grants by way of lump sum.-The increased grants under the 1924 Act are not obtainable in respect of lump sum payments made by a local authority. See sec. 2 (1) proviso (ii) of the 1924 Act, p. 195, post, and Appendix I., p. 251.

(5) See Second Schedule to the 1924 Act, p. 209, post.

3. Government contributions to expenses of public utility societies, &c., in building houses. (1) Where a society, body of trustees, or company to which this section applies prove to the Board that they are willing to undertake the construction of houses of such type and size and within such period as aforesaid without assistance from a local authority, if they receive from the Board towards any expenses incurred by them

in the construction of such houses the like contributions as the Board is authorised by this Act to make towards expenses incurred by a local authority in providing such houses, the Board may, subject to such conditions as aforesaid, make or undertake to make contributions out of moneys provided by Parliament towards such expenses of the like amount as they are authorised to make towards expenses incurred by a local authority in providing such houses.

(2) This section applies to any society, body of trustees or company established for the purpose of, or amongst whose objects or powers are included those of constructing, or facilitating or encouraging the construction of, dwelling-houses for the working classes, being a society, body of trustees or company which does not trade for profit or whose constitution prohibits the issue of any share or loan capital with interest or dividend exceeding the rate for the time being prescribed by the Treasury.

See sec. 3 (2) of the Housing (Financial Provisions) Act, 1924, and notes, p. 198.

See sec. 9 of the same Act, p. 205, post, as to the extension of the provisions of this section to private enterprise where a local authority has failed to provide houses.

4. Saving as respects houses not completed within the specified period. The failure to complete a house before the said first day of October shall not render invalid any undertaking to make a contribution or give assistance in respect of the house, if the house is completed before the first day of June, nineteen hundred and twenty-six, and if the Board are satisfied that the construction of the house or necessary work of development on or about the site preliminary thereto was begun within a reasonable time and that the failure to complete the house before the said date was due to circumstances over which the local authority, person, or body constructing the house had no control.

Said first day of October.-I.e., October, 1925, extended by the 1924 Act to 1st October, 1939; see sec. 1 (1), post, p. 193.

6. Repeal of superseded enactments subject to saving for existing liabilities.-(1) Sections five, seven, and sixteen of the Housing, Town Planning, &c. (Scotland), Act, 1919, and

any enactments amending those sections, and section eight of the Housing Act, 1921 [an Act which applies only to England and Ireland] are hereby repealed; but, save as hereinafter in this section provided, this repeal shall not affect the validity of any regulations made under the said section or the power to amend such regulations, or any liability of the Board to pay any sum which under the said sections and regulations they have undertaken to pay, or the terms and conditions on which the Public Works Loan Commissioners may lend for the purposes of a scheme towards the losses of which the Board is liable to contribute under the said section five.

(2) Notwithstanding anything in the enactments so pealed, the regulations made thereunder shall be amended so as to provide that the percentage of the annual loan charges referred to in paragraph (b) of sub-section (1) of the said section five and in sub-section (2) of the said section sixteen payable by the Board under those sections shall, after the thirty-first day of March, nineteen hundred and twenty-seven, be increased, subject to such conditions as the Treasury may approve, from thirty to forty per cent.

See sec. 23 (7), p. 190, post.

See Appendix I., p. 241, post.

16. Minor amendments.-The amendments specified in the second column of the Second Schedule to this Act (relating to minor amendments of Housing Acts) shall be made in the provisions of the Housing Acts specified in the first column of that Schedule.

The whole of the Second Schedule to the Act has been repealed by the Housing (Scotland) Act, 1925, and the Town Planning (Scotland) Act of 1925.

« EelmineJätka »