As to powers of local authorities to borrow in connection with scheme outside their own district, see sec. 70, ante.

See sec. 44 (3), ante, as to the acquisition of land in advance, and Appendix I., p. 257.

Supplemental.

77. (1) Separate accounts shall be kept by a local authority and their officers of their receipts and expenditure under Part I., Part II., and Part III. of this Act respectively.

(2) Such accounts shall be audited in the like manner and with the like power to the officer auditing the same, and with the like incidents and consequences, as the accounts of the local authority are for the time being required to be audited by law.

(3) Where land acquired by a local authority under Part III. of this Act is appropriated for the purpose of rehousing persons displaced by the local authority under the powers of any other Part of this Act or of any other enactment, the receipts and expenditure in respect of that land (including all costs in respect of the acquisition and laying out of the land), and of any buildings erected thereon, may be treated as receipts and expenditure under that Part or enactment, but shall be accounted for under a separate head.

See Local Government (Scotland) Act, 1889, secs. 68, 69, and 70; Local Government (Scotland) Act, 1908, sec. 17; Town Councils (Scotland) Act, 1900, secs. 91 to 96; and Town Councils (Scotland) Act, 1903, sec. 8; and also Local Government (Emergency Provisions) Act, 1916, sec. 1916, sec. 22 (2). See also Expiring Laws Act, 1925 (First Schedule).

78. The proceeds of the sale of any land acquired by a local authority for any of the purposes of this Act shall be applied for any purpose, including repayment of borrowed money, for which capital money may be applied, and which is approved by the Board.

The operative provisions relating to the sale of land acquired by a local authority are contained in secs. 33 (2), 34, 44 (1) (c) (i) and (ii), and sec. 45, ante. See also sec. 17 (2), ante, as to the powers of a local authority to sell a portion of a site of an obstructive building not required.

PART V.

GENERAL.

Rehousing by Undertakers.

79. Where, under the powers given by any local Act or Provisional Order, or Order having the effect of an Act, any land is acquired, whether compulsorily or by agreement, by any authority, company, or person, or where any land is so acquired compulsorily under any general Act other than this Act or any Act repealed by this Act, the provisions set out in the Fifth Schedule to this Act shall apply with respect to the provision of housing accommodation for persons of the working class.

See Fifth Schedule, p. 132.

By sec. 29 (4) and (5), ante, provision is made for rehousing in connection with improvement or reconstruction schemes of the persons displaced if the Board so require.

The provisions of the Fifth Schedule are to apply—

A. Where land is acquired, compulsorily or by agreement (1) under a local Act; (2) under a Provisional Order; or (3) under an order having the effect of an Act.

B. Where land is acquired compulsorily under any general Act (other than this Act) without a Provisional Order, or order having the effect of an Act.

Headings A (2) and A (3) cover practically all the cases arising under the Act, and it is difficult to figure a case under Heading B, but see sec. 15, ante, by which a local authority is authorised to purchase the lands on which an obstructive building is erected in like manner as if they had been authorised by a special Act to purchase the same.

Provisions as to Building Regulations and Byelaws, &c.

80. (1) Where in pursuance of a housing scheme to which this section applies new buildings are constructed or public streets or roads are laid out and constructed in accordance with plans and specifications approved by the Board, the provisions of any building regulations shall not apply to the new buildings and new streets or roads constructed and laid out in pursuance of the scheme so far as those provisions are

inconsistent with the plans and specifications approved by the Board, and, notwithstanding the provisions of any other Act, any street or road laid out and constructed in accordance with such plans and specifications may be taken over and thereafter maintained by the authority responsible for the maintenance of public streets, roads, or highways in the district.

(2) Where the Board have approved plans and specifications which in certain respects are inconsistent with the provisions of any building regulations in force in the district in which the works are to be executed, any proposals for the erection therein of buildings and the laying out and construction of new streets or roads which do not form part of a housing scheme to which this section applies may, notwithstanding those provisions, be carried out if the local authority or, on appeal, the Board are satisfied that they will involve departures from such provisions only to the like extent as in the case of the plans and specifications so approved.

(3) Where the Board are themselves carrying a housing scheme into execution, it shall not be necessary for the Board to obtain the authority of the local authority or the Dean of Guild Court for the construction of buildings, or for the laying out and construction of streets and roads as aforesaid.

(4) The housing schemes to which this section applies are schemes made by a local authority or by local authorities jointly under this Act, or by a public utility society, or housing trust, or by a county council or district board of control for the provision of houses for persons in their employment or paid by them, and approved by the Board, and schemes made or carried into execution by the Board under this Act.

See Appendix I., p. 256.

As to definition of building regulations, see sec. 119, post. Apart from the special enactments applicable to the five larger burghs, the following are the principal statutory provisions as to the making of building regulations," the relaxation of which is dealt with in the present section.

Construction of new buildings. (1) In counties, Public Health (Scotland) Act, 1897, sec. 181 and sec. 111, post, and sec. 43 of the Housing and Town Planning, &c. (Scotland), Act, 1919; (2) in burghs, Burgh Police (Scotland) Act, 1892, secs. 166 to 180, 201 to 209 as to Dean of Guild Court, and Schedule IV.; Burgh Police Act, 1903, secs. 31 to 43, 61 to 66 (adoptive), 93 and 104 (2) (i), (k), and (o), and sec. 59, ante, and sec. 111, post.

Laying out and construction of new streets.-(1) In counties no control can be exercised except under a town planning scheme,

but a street may "" "nuisance be a under the Public Health Act, 1897, sec. 16 (2), while under sec. 39 the frontagers can be compelled to repair in special scavenging districts. See also the Roads and Bridges Acts, 1878 and 1892, and the Local Government (Scotland) Act, 1908, secs. 19 to 23; (2) in burghs, Burgh Police Act, 1892, secs. 128 to 143, 149 to 165; Burgh Police Act, 1903, secs. 11, 16, 17, 19, 20, 41, 61 (adoptive), 93, and 104 (2) (d). A valuable detailed account of the above provisions is contained in the Report of the Royal Commission on Housing, chap. v. (and see also Whyte's Digest of the Report). See also the Roads Improvement Act, 1925 (15 & 16 Geo. V. c. 68), which makes provision for the improvement of roads, including the prescription of building lines. Sec. 5 (1) (b) of that Act makes certain provisions as regards the building line of land affected by a town planning scheme.

81. (1) For the purpose of facilitating the erection of dwelling-houses the Board may prescribe a code of building bye-laws relating to the level, width, and construction of new streets, but no such code shall have effect unless and until adopted by resolution of a local authority; and where such code or any part thereof is so adopted it shall not be necessary for the local authority to comply with the requirements of section three hundred and eighteen of the Burgh Police (Scotland) Act, 1892, or, if the bye-laws are made under a local Act, the corresponding provisions of that Act, and the code or such part thereof, shall have full force and effect as part of the bye-laws of the local authority in substitution for such of the existing bye-laws of the authority as may be specified in the resolution.

(2) Where a local authority have approved any plans and sections for a new street, subject to any conditions imposed or authorised by any bye-laws in force in the district of that local authority, those conditions may be enforced at any time by the local authority against the owner for the time being of the land to which the conditions relate.

(3) Where as respects the district of any local authority matters relating to the level, width, and construction of new streets are regulated by any statutory enactment and not by bye-laws, and the local authority pass a resolution adopting the said code or any part thereof, the code or such part as aforesaid shall have full force and effect as if it formed part of the statutory enactment in substitution for such provisions of the statutory enactment as may be specified in the resolu

(4) Before a resolution is passed under this section notice of the proposed resolution shall be published in one or more newspapers in circulation in the district, and when such a resolution has been passed the local authority shall, within seven days thereafter, send a copy of the resolution to the Board.

Board. See sec. 119, post.

Building regulations.-See sec. 119, post.

For definition of street, see sec. 119, post; sec. 318 of the Burgh Police (Scotland) Act, 1892, provides for the confirmation by the Sheriff of bye-laws made by a town council.

82. (1) If the Board are satisfied, by local inquiry or otherwise, that the erection of any buildings within any burgh or district is or is likely to be unreasonably impeded in consequence of any bye-laws with respect to new streets or buildings in force therein, the Board may require the local authority to revoke such bye-laws or to make such new byelaws as they may consider necessary for the removal of the impediment.

(2) If the local authority do not within three months after such requisition comply therewith, the Board may themselves revoke such bye-laws and make such new bye-laws as they may consider necessary for the removal of the impediment, and such new bye-laws shall have effect as if they had been duly made by the local authority and confirmed.

The object of this section is to confer upon the Board more extensive powers in controlling bye-laws than are possessed by the Courts, whose assistance can only be invoked when a bye-law is ultra vires repugnant to the general law of the land, unreasonable, or inequitable in its operation.

83. (1) With a view to the provision of proper accommodation for seasonal workers, a local authority may, and if required by the Board shall, make bye-laws for the whole or any part of their district with respect to the following mat

(a) Intimation to the local authority of the intention to

employ seasonal workers;

(b) The nature and extent of the accommodation to be provided for such workers, including due provision for

(i) sleeping accommodation and separation of the sexes;