Page images
PDF
EPUB

See

would be entitled to withhold their consent to the transaction unless satisfied as to the adequacy of the consideration. Appendix I., p. 251.

See sec. 46, infra, as to the exercise by the local authority of the same powers as they have under the Public Health (Scotland) Act, 1897.

It is to be noted that if capital money received in respect of any transaction under this section is not applied in the purchase of other land, the Board's consent must be obtained to its application to any other purpose.

46. A local authority may for the purposes of this Part of this Act exercise the same powers whether of contract or otherwise as in the execution of their duties under the Public Health (Scotland) Act, 1897.

Sec. 144 of the Public Health (Scotland) Act, 1897, empowers a local authority for the purposes of Parts II., III., and IV. of that Act to purchase lands by agreement or otherwise, and by agreement to take on lease, sell, or exchange lands. By sec. 181 the local authority of any district other than a burgh is empowered to make building regulation bye-laws.

Schemes for the Provision of Houses for the Working Classes.

47. (1) It shall be the duty of every local authority to consider the needs of their district with respect to the provision of housing accommodation for the working classes, and as often as occasion arises to prepare and submit to the Board a scheme for the exercise of their powers under this Part of this Act.

(2) A scheme under this section shall specify

(a) The approximate number and the nature of the houses which, in the opinion of the local authority, are required adequately to supply the needs of their district;

(b) the approximate number and the nature of the houses.
to be provided by the local authority, and, where-
ever possible, the average number of houses per
acre;

(c) the approximate extent of land to be acquired and
the localities in which land is to be acquired;
(d) the time within which the scheme or any part thereof
is to be carried into effect;

and the scheme may contain such incidental, consequential, and supplemental provisions (including provisions as to the subsequent variation of the scheme) as may appear necessary or proper for the purpose of the scheme.

(3) The Board may approve any such scheme or any part thereof without modification or subject to such modifications as they think fit, and the scheme or part thereof when so approved shall be binding on the local authority; but if the Board consider the scheme inadequate, they may refuse to approve the scheme and require the local authority to prepare and submit to them an adequate scheme within such time as they may fix, or they may approve the scheme or part thereof subject to the condition that the local authority prepare and submit to them a further scheme within such time as they may fix:

Provided that local authorities in preparing, and the Board in approving, any scheme shall take into account, and, so far as possible, preserve existing erections of architectural, historic, or artistic interest, and shall have regard to the natural amenities of the locality.

(4) Before the Board finally approve a scheme, the local authority shall furnish to them estimates of the cost of the scheme and of the rents expected to be derived from the houses provided under the scheme.

(5) If the Board consider as respects any local authority that an occasion for the preparation of a new scheme has arisen, they shall give notice to that effect to the local authority, and thereupon such an occasion shall be deemed to have arisen.

(6) Where the local authorities concerned or the Board are of opinion that a scheme should be made affecting the districts of two or more local authorities, such a scheme shall be prepared by the local authorities jointly, and may provide for joint action being taken by those local authorities and for the apportionment amongst the authorities of the expenses incurred in carrying the scheme into effect.

(7) Local authorities in preparing, and the Board in approving, schemes shall make inquiry respecting and take

into account any proposals by other bodies or persons to provide housing accommodation within a reasonable time.

(1) The provisions of this section are obligatory, and, as the schemes have to be submitted "as often as occasion arises," reliable statistics as to the housing of each district will have to be kept by each local authority. In this connection the provisions of the Act of 1919, sec. 23, p. 165, post, as amended by sec. 23 (16) of the 1923 Act, p. 191, post, will be kept in view, since by that section the local authority are required to furnish annual statements to the Board until 31st March, 1927.

(2) For further explanations as to the requirements of the Board, see Appendix I., pp. 259 et seq.

(4) Only approximate estimates need be furnished, since it would obviously be undesirable to delay submission of the scheme until detailed specifications had been prepared. As to rents to be charged, see sec. 3 (1) (e) of the Housing (Financial Provisions) Act, 1924, p. 197, post, and Appendix I., pp. 221 and 249, post.

As to joint action by local authorities, see sec. 93, post.

48. It shall be the duty of a local authority on which obligations are imposed by any such scheme to carry that scheme into execution within such time as may be specified in the scheme, or within such further time as may be allowed by the Board.

Where adequate cause is shown, the Board will doubtless be prepared to grant an extension of time, e.g., where difficulties are encountered locally in procuring labour and materials.

49. Where any such scheme is being carried into effect by a local authority outside their own district, that authority shall, subject to the approval of the Board, have power to execute any works which are necessary for the purposes, or are incidental to the carrying out of the scheme, subject to entering into an agreement with the local authority of the district in which the scheme is being carried out as to the terms and conditions on which any such works are to be executed.

As to borrowing money for such a scheme, see sec. 70, post.

Acquisition and Appropriation of Land.

50. Land for the purposes of this Part of this Act may be acquired by a local authority by agreement in like manner as if those purposes were purposes of the Public Health (Scotland) Act, 1897, and section one hundred and forty

four of that Act, so far as relating to the purchase of land by agreement, shall apply accordingly.

Purposes of this Part.-Broadly speaking, the provision of dwellings for the working classes; but see secs. 43 and 44, ante, and 90, post.

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.

The disabilities of district committees as regards holding land should be kept in view. See Local Government (Scotland) Act, 1889, secs. 17 (2), 18 (6) and (7).

51. A local authority may be authorised to purchase land compulsorily for the purposes of this Part of this Act by means of an order submitted to the Board and confirmed by the Board in accordance with the Third Schedule to this Act:

Provided that nothing in this Act shall authorise the compulsory acquisition for the purposes of this Part of this Act 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 forms part of any park, garden, or pleasure-ground, or is otherwise required for the amenity or convenience of any house.

Purposes of this Part.-See notes on preceding section.

See Third Schedule at p. 129 and Appendix I. at p. 268. In that Schedule it is provided that any order submitted to the Board for the acquisition of land by a local authority for the purposes of this Part of the Act must incorporate, subject to the necessary adaptations—

(a) the Lands Clauses Acts (except sec. 120 of the Lands Clauses Consolidation (Scotland) Act, 1845) as modified by the Acquisition of Land (Assessment of Compensation) Act, 1919; and

(b) secs. 70 to 78 of the Railways Clauses Consolidation (Scotland) Act, 1845.

Proviso-For the purposes of this Part.-The proviso refers to the acquisition of land compulsorily by a local authority for the purposes of Part III. only.

52. A local authority may, with the consent of the Board,

F

appropriate, for the purposes of this Part of this Act, any houses or land which may be for the time being vested in them, or at their disposal.

This provision enables local authorities, with the consent of the Board, to utilise for the purposes of Part III. land which has been acquired for another purpose.

53. The trustees of any dwelling-houses for the working classes for the time being provided in any district by private subscriptions or otherwise, may, with the consent of a majority of the committee or other persons by whom they were appointed trustees, sell, feu, or lease the houses to the local authority of the district, or make over to them the management thereof.

The local authority's powers to acquire such houses are contained in sec. 44, ante.

See also sec. 116, post, as to powers of the Board to intervene for the purpose of enforcing or expediting the application of moneys under any trust for the provision of houses for the working classes.

Management of Houses provided by Local Authorities.

54. (1) The general management, regulation, and control of the dwelling-houses provided by a local authority under this Part of this Act, or any enactment repealed by this Act, shall be vested in and exercised by the local authority.

(2) The local authority may make such reasonable charges for the tenancy or occupation of the dwelling-houses so provided as they may by regulations determine.

In the 1890 Act the descriptive name used was lodginghouses.

Acquired. See sec. 44, ante. See Marne v. Cootehill R.D.C., 1915 A.C. 792.

55. (1) The local authority may make bye-laws for the management, use, and regulation of dwelling-houses provided by them;

(2) The local authority shall, as respects lodging-houses provided by them (that is to say, houses not occupied as

« EelmineJätka »