Board are satisfied that the total number of houses which have been completed in the two years last preceding, and in respect of which contributions are payable, is less than two-thirds of the number set opposite to those two years in the First Schedule to this Act, whether the deficiency is due to the absence of adequate arrangements for the necessary increase in the supply of labour (including any necessary augmentation of the number of apprentices employed), or for the necessary increase in the supply of materials at reasonable prices, or for the obtaining of funds at reasonable rates of interest to finance the provision of houses, or arises from any other cause whatsoever; (b) if, on a report made after due inquiry by a body of independent persons appointed by them, the Minister and Board are satisfied that the cost of erecting houses in respect of which contributions are payable has become unreasonable, regard being had to all the circumstances of the case and in particular to the question whether and how far any increase in the cost or any excessive charges are attributable to causes within the control of persons engaged whether as employers or workers in the building industry or in the manufacture or supply of building materials. (3) When any such order has been made the Minister or Board shall not be liable to make or to undertake to make any contributions in respect of houses which have not been completed before the date specified in the order, other than a house which is completed not later than eight months after the specified date in respect of which the Minister or Board is satisfied that the failure to complete the house before the specified date was due to circumstances over which the local authority, person, or body constructing the house had no control. If in the year 1927 or in any third succeeding year the Minister of Health and the Scottish Board of Health are satisfied that the total number of houses which have been completed in the previous two years, in respect of which contributions are payable, is less than two-thirds of the number stated in the table, or if, on a report made after due inquiry by a body of independent persons appointed by them, the Minister and Board are satis fied that the cost of erecting houses in respect of which contributions are payable has become unreasonable, they may jointly make an order declaring that no State contributions are to be made in respect of any houses which have not been completed before the date specified in the order, other than a house which is completed not later than eight months after the specified date and in respect of which they are satisfied that the failure to complete the house before the specified date was due to circumstances over which the local authority, person, or body constructing the house had no control. 5. Revision of contributions.-In the year nineteen hundred and twenty-six after the first day of October in that year, and in each second succeeding year, after the first day of October in such year, the Minister and the Scottish Board of Health shall take into consideration the expenses which are likely to be incurred in the period of two years from such first day of October in connection with the provision of houses in respect of which contributions would be payable by the Minister or Board, due regard being had to the expenses actually incurred during the period of two years ending on that day for the like purposes, and after consultation with such associations of local authorities as appear to them to be concerned, and with any local authority with whom consultation appears to them to be desirable, may, if they think it expedient so to do, jointly make an order altering the amount of the contributions payable or the period for which such contributions are to be payable, so far as respects houses which have not been completed before the date specified in the order, but so, nevertheless, that the amounts and periods fixed by the order shall be such as may be approved by the Treasury and shall not exceed the respective amounts and periods fixed by the Housing, &c., Act, 1923, or (in the case of houses subject to special conditions) by this Act, unless Parliament otherwise determines. An order under this section shall make such consequential alterations of any sums or periods mentioned in the financial provisions of the said Act or in this Act, including the sum of four pounds ten shillings mentioned in sub-section (1) of section three of this Act, as appear to the Minister and Board to be necessary for the purpose of adjusting the same to any alteration made by the order in the amount or duration of the contributions, and that Act and this Act shall have effect accordingly. In 1926, after 1st October and in each second succeeding year after 1st October, the Minister and the Scottish Board of Health are to take into consideration the expenses which are likely to be incurred in the period of two years from such 1st October, and after consultation with any local authority, and with such associations of local authorities as appear to them to be concerned, may jointly make an order altering the amount of the contributions payable or the period for which such contributions are to be payable, so far as respects houses which have not been completed before the date specified in the order. Such amounts and periods are to be such as may be approved by the Treasury, and are not to exceed those fixed by the Housing, &c., Act, 1923, or (in the case of houses subject to special conditions) by this Act, unless Parliament otherwise determines. Such an order is to make such consequential alterations on any sums or periods, including the sum of £4 10s. mentioned in this Act as may be necessary. See Appendix I., p. 246, post. 6. Laying of orders before Parliament.-Before any order is made by the Minister and the Scottish Board of Health under this Act, a draft of the proposed order shall be laid before the Commons House of Parliament, and the order shall not be made unless and until a resolution is passed by that House approving of the draft. 7. Conditions as to town planning schemes and density.It shall be the duty of a local authority on submitting proposals for the provision of houses for the purposes of this Act to satisfy the Board (a) that they have taken into account the requirements See Appendix I., p. 255, post. 8. Adjustment of difficulties between local authorities.— Where the Board approve the proposals of a local authority in relation to the provision of houses in the area of another local authority, and any difference arises between those authorities with respect to the carrying out of the proposals, such difference may be referred by either authority to the Board whose decision shall be final and binding on the respective authorities. For provisions as to the execution by a local authority of a housing scheme in the area of another local authority, see secs. 43 (1) and 49 of the Housing Act, 1925, pp. 57 and 64, ante. 9. Extension of provisions of 13 & 14 Geo. V., c. 24, section 3, where local authority fails to take action. In any case where the Board certify that a local authority has failed to take the necessary steps for promoting the construction of houses under the Housing, &c., Act, 1923, or this Act, the provisions of section three of the said Act of 1923 shall apply to persons willing to undertake or who have undertaken the construction of houses in the area of the local authority in like manner as they apply to the societies, bodies of trustees, and companies therein mentioned, and the provisions of this Act relative to such societies, bodies, and companies shall extend to those persons. Under sec. 3 of the Housing, &c., Act, 1923, p. 184, ante, public utility societies or bodies of trustees or companies established for the purpose solely or partly of encouraging the construction of dwelling-houses for the working classes, and who do 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, may obtain the subsidy of £6 per house per annum for twenty years direct from the Board in the same way as a local authority. By this section the above provision of the 1923 Act is extended to all persons willing to undertake the construction of houses in the area of any local authority who have failed to take the necessary steps to promote their construction under that Act or this Act; and it is further provided that the provisions of this Act relative to such societies, &c., are also to extend to such persons, i.e., they may obtain the increased subsidy of £9 or £12 10s., as the case may be, if the houses are subject to the special conditions of sec. 3 of this Act. 10. Materials and methods of construction.—(1) In approving proposals for the construction of houses under this Act the Board shall not impose any condition which would prevent the materials required being purchased in the cheapest market at home or abroad or which would require the employment of any particular trade. (2) If at any time it is shown to the satisfaction of the Board that a local authority have, without reasonable cause, refused to adopt a new material or method of construction which in the opinion of the Board would reduce the cost of the house without unduly affecting its durability, suitability, or appearance, the Board shall require the adoption of the said new material or method of construction to be reconsidered for that purpose by the local authority, and, in the event of their failure without reasonable cause to adopt the same, shall make such deduction from the amount of the contribution payable by them as in their opinion is reasonable having regard to the amount of the unnecessary expenditure so incurred by the local authority, but, for the purpose of paragraph (e) of sub-section (1) of section three of this Act, the expenses of the local authority shall be calculated as if no such deduction had been made. See Appendix I., p. 247, post. No condition is to be imposed by the Board which would prevent the materials required being purchased in the cheapest market at home or abroad, or which would require the employment of any particular trade. If the Board are satisfied that a local authority have, without reasonable cause, refused to adopt a new material or method of construction which in their opinion would reduce the cost of the house without unduly affecting its durability, suitability, or appearance, they may make such reduction from the amount of the contribution as in their opinion is reasonable, having regard to the amount of the unnecessary expenditure so incurred by the local authority, but, for the purpose of ascertaining the rents to be charged for the houses, the expenses of the local authority are to be calculated as if no such deduction had been made. 11. Suspension of building operations.-A local authority in carrying out any proposals approved by the Board for the purposes of this Act shall have power to determine the number of houses which they will build in any particular period subject to the imposition of a maximum limit by the Board, and should the local authority find it necessary to suspend building operations on the ground of excessive cost, or on any other reasonable ground, the suspension shall not be treated as a failure on the part of the local authority to fulfil their obligations as to the preparation of schemes under the Housing Acts or their obligations under any such schemes. The suspension shall not be treated as a failure, &c., i.e., for the purpose of enforcing the provisions of the Housing Act relative to the provision of houses.-For these provisions, see secs. 61 and 62 of the Housing (Scotland) Act, 1925, pp. 74 et seq. |