3. (1) If the owner of any dwelling-house suitable for occupation by persons of the working classes fails to make or keep the house in all respects reasonably fit for human habitation, then, without prejudice to any other powers, the local authority may serve a notice in writing upon the owner of the house, requiring him within a reasonable time, not being less than twenty-one days, specified in the notice to execute the works specified in the notice as being necessary to make the house in all respects reasonably fit for human habitation:

Provided that, if the house is not capable without reconstruction of being made in all respects reasonably fit for human habitation, the owner may, within twenty-one days after the receipt of such notice, by written counter notice to the local authority, declare his intention of closing the house for human habitation, and thereupon a closing order shall be deemed to have become operative in respect of such house. Any question arising under this proviso shall, in case of difference between the owner and the local authority, be determined by the Sheriff.

(2) If the notice of the local authority is not complied with, then

(a) at the expiration of the time specified in that notice if no such counter notice as aforesaid has been given by the owner; and

(b) at the expiration of twenty-one days from the determination by the Sheriff if such notice has been given by the owner, and the Sheriff has determined that the house is capable without reconstruction of being made in all respects reasonably fit for human habitation,

the local authority may themselves do the work required to be done.

(3) (a) Any expenses incurred by the local authority under this section may be recovered from the owner in a summary manner, together with interest at the prescribed rate from the date of service of a demand for the same till payment thereof.

(b) The local authority may by order declare any such expenses to be payable by monthly or annual instalments within a period not exceeding thirty years, with interest at

the prescribed rate from the date of service of notice of demand until the whole amount is paid, and any such instalments and interest or any part thereof may be recovered in a summary manner from the owner or occupier, and if recovered from the occupier may be deducted by him from the rent of the house.

(c) For the purposes of this sub-section interest at the prescribed rate means interest at such rate as the Board with the approval of the Treasury may from time to time by order fix, and different rates of interest may be fixed in different

cases.

(4) An owner may appeal to the Sheriff against—

(a) any notice requiring him to execute works under this section; or

(b) any demand for the recovery of expenses from him under this section; or

(c) an order made by the local authority under this section with respect to those expenses,

by giving notice of appeal to the Sheriff within twenty-one days after the notice is received or the demand or order is made as the case may be, or such longer time as the Sheriff may allow, and no proceedings shall be taken in respect of any notice, demand, or order whilst the appeal is pending:

Provided that no appeal against such a demand or order shall lie if and so far as the appeal raises any question which might have been raised on an appeal against the notice itself.

(5) Any such notice, demand, or order shall be binding and conclusive as to any matters which could have been raised on such appeal to the Sheriff.

(6) In addition to serving the notice on the owner the local authority may serve copies of the notice on any persons having a right or interest in the premises superior to that of the owner, and it shall be the duty of the owner or any other person having such a right or interest, on being so required by the local authority, to state the name and address of the person from whom he holds, and if he fails to do so, or knowingly makes a misstatement, he shall be liable on sunmary conviction to a fine not exceeding five pounds.

(7) Any remedy given by this section for failure to make or keep a house in all respects reasonably fit for human

habitation shall be in addition to and not in derogation of any remedy available to the tenant against the landlord either at common law or otherwise.

(8) In this section "owner" has the same meaning as in the Public Health (Scotland) Act, 1897.

This section is an amalgamation of sec. 25 of the 1919 Act and sub-secs. (5) and (6) of sec. 15 of the 1909 Act. The proviso, however, to sub-sec. (4) and sub-secs. (5), (6), and (7) are new.

(1) This sub-section and sub-sec. (2) are closely modelled on sec. 25 of the 1919 Act.

Owner. The duty to execute repairs is placed on the owner, as defined in sub-sec. (8), and not on the landlord.

Any dwelling-house suitable for occupation by persons of the working classes. The section is not confined in its scope to houses of the rent limit named in sec. 1 of the Act; and it applies not only to houses which are let, but also to those which are unlet (Arlidge v. Tottenham Urban District Council, 1922, 2 K.B. 719). See M'Micking's Curator v. Local Authority of Carrick District of County of Ayr, 1922, 38 Sh. Ct. Rep. 194.

Persons of the working classes. For definition, see par. 12 (e), Fifth Schedule, p. 134. For a judicial interpretation of the term, see Whyte v. Marylebone Borough Council, 1915, 3 K.B. 249, and London County Council v. Davies, 1898, 62 J.P. 68.

May serve a notice, &c.-The local authority are not bound to exercise their powers under this section before issuing a closing order under sec. 8 (Kirkpatrick v. Maxwelltown Burgh, 1912 S.C. 288).

Within a reasonable time not being less than twenty-one days. It is not sufficient that the notice should give the owner twenty-one days for the execution of the work; it must give him a reasonable time having regard to all the circumstances of the case (Ryall v. Cubitt Heath, 1922, 1 K.B. 275).

Notice to execute works. See M'Micking's Curator v. Local Authority of Carrick District, supra, for observations as to specification of details required in notices. A notice is not invalid because it omits to state that the owner has a right of appeal (i.e., under sub-sec. (4), infra), provided the statutory form of notice contains no such statement, or because it requests the owner to state when he will commence to execute the work, such request being treated as mere surplusage (Arlidge v. Tottenham Urban District Council, supra). For provisions as to notices, see secs. 99 and 102, post, and Appendix I., pp. 272 et

seq.

Closing order. See sec. 8, post. If the local authority are of opinion that the house is in a state so dangerous or injurious to health as to be unfit for human habitation, i.e., that the unfitness is accompanied by or arises from danger or injury to health, then it is their duty under sec. 8, post, to make a closing order. Where, however, although the house is unfit for

habitation, the local authority are not satisfied that there is any danger or injury to health, the procedure should be under sec. 3, post. While the above appears to be the strict interpretation, it is doubtful whether it has been followed in practice, the Board having exhibited a preference at first for the nuisance sections of the Public Health Act, and then for this section rather than for the procedure by closing order, the explanation being that under this section the evils can be abated without reducing the amount of available accommodation-an important consideration in congested areas. For forms, see Appendix I., pp. 273 et seq.

Deemed to have become operative. In other words, three months later a demolition order may have to be pronounced under sec. 10, post. For forms, see Appendix I., pp. 282 et seq.

Any question arising, &c.-The owner cannot elect to close the house for human habitation.

The Sheriff. This includes Sheriff-Substitute.

of the Interpretation Act, 1889.

See sec. 28

(3) This sub-section, with certain modifications as to interest and instalment payments, re-enacts sub-sec. (5) of sec. 15 of the 1909 Act, as amended by sec. 7 of the 1920 Act.

The pars. (a) and (b) are not mutually exclusive but cumulative. There is, therefore, nothing to prevent a local authority who have made an order for payment of the full sum under par. (a) and have failed to obtain payment from subsequently making an order for payment by instalments under par. (b) (Salford Corporation v. Hale, 1925, 1 K.B. 503).

(4) Appeal to Sheriff.-See sec. 103, post.

This sub-section re-enacts sub-sec. (6) of the 1909 Act. The proviso, however, which is new, would preclude the owner from raising any questions with regard to the reasonableness of the notice to execute the works or the necessity of the works, these being questions which could have been raised on an appeal against the notice itself. But quære whether the owner, although he had not appealed against the notice to execute the works, could not dispute the reasonableness of the notice or the necessity of the works in summary proceedings taken by the local authority for recovery of the expenses under sub-sec. (3) (a), as he was held entitled to do under the previous Acts. See Ryall v. Hart, 1923, 2 K.B. 464; Adams v. Tuer, 1923, 40 T.L.R.

49.

(8) Owner is defined in the Public Health Act, 1897, sec. 3, as "the person for the time entitled to receive or who would, if the same were let, be entitled to receive the rents "of the premises, and includes a trustee, factor, tutor, or "curator, and in case of public or municipal property applies "to the persons to whom the management thereof is entrusted." See also sec. 108, post.

See further notes on sec. 101, post.

See also further notes on sec. 1 at p. 4.

4. Where a dwelling-house in respect of which a notice has been served upon the owner by the local authority under sub-section (1) of the last foregoing section is not capable without reconstruction of being made in all respects reasonably fit for human habitation, and a closing order has in consequence been deemed to have become operative in respect thereof, the Board may, on the application of the local authority, make an order authorising the local authority to acquire the house, and thereupon this Act shall apply as if the house were land authorised to be acquired compulsorily for the purposes of a reconstruction scheme under Part II. of this Act, and that land were specified in the scheme as having been included therein on account of the sanitary condition of the premises thereon.

This is a new provision. As to procedure, see secs. 28 et seq., post.

Duty of Local Authority and Medical Officer of Health to Inspect Houses, &c.

5. It shall be the duty of every local authority to cause an inspection of their district to be made from time to time with a view to ascertaining whether any dwelling-house therein is in a state so dangerous or injurious to health as to be unfit for human habitation, and for that purpose it shall be the duty of the local authority and every officer of the local authority to comply with such regulations and to keep such records as the Board may prescribe.

Local authority for the purpose of the Act is the local authority for the purposes of the Public Health (Scotland) Act, 1897 (sec. 118, post). See also par. 12 of Fifth Schedule as to local authority in carrying out re-housing schemes.

Inspection of district. The work is generally performed by the local medical officer, but in some areas by the sanitary inspector or burgh surveyor. The expenses fall to be defrayed out of the public health general assessment under sec. 66 (1), post.

Dangerous or injurious, &c.-See Summerlee Iron Company v. Musselburgh Town Council, 26 Sh.Ct. Rep. 334; Kirkpatrick v. Maxwelltown Burgh, 1912 S.C. 288; Hall v. Manchester Corporation, 78 J.P. 315; 79 J.P. 385; 31 T.L.R. 416, an important case under the Manchester Corporation Waterworks and Improvement Act, 1867. The expressions "dangerous" and injurious to health are not alternative but cumulative, the second being exegetical of the first. See Kirkpatrick v. Max