increase in value of the other buildings amongst such other buildings respectively. (10) The power of the arbiter to apportion compensation 1909, s. 28 (2). under sub-sections (7) and (9) may be exercised in cases where the amount to be paid for compensation has been settled, otherwise than by arbitration under this Act, by an arbiter appointed for the special purpose by the Board on the application of the local authority, and the provisions of this Code shall apply as if the arbiter so appointed had been appointed as arbiter to settle the amount to be paid for compensation. (11) If any dispute arises between the owner or occupier of any building (to which any amount may be apportioned) and the arbiter by whom such apportionment is made, such dispute shall be settled by the Sheriff in manner provided by the Lands Clauses Acts, in cases where the compensation claimed in respect of lands does not exceed fifty pounds. (12) Where the owner retains the site or any part thereof, no house or other building or erection which will be dangerous or injurious to health, or which will be an obstructive building within the meaning of this section, shall be erected upon such site or any part thereof; and if any house, building, or erection is erected on the site contrary to the provisions of this section the local authority may at any time order the owner to abate or alter the said house, building, or erection; and in the event of non-compliance with such order may, at the expense of the owner thereof, abate or alter the same. (13) Where the lands are purchased by the local authority the local authority shall pull down the obstructive building, or such part thereof as may be obstructive within the meaning of this section, and keep as an open space the whole site, or such part thereof as may be required to be kept open for the purpose of remedying the nuisance or other evils caused by such obstructive building, and may, with the assent of the Board, and upon such terms as the Board think expedient, sell such portion of the site as is not required for the purpose of carrying this section into effect. (14) A local authority may, where they so think fit, dedicate any land acquired by them under the authority of this section as a highway or other public place. [1890, ss. 38, 94 (2) (3); 1909, s. 28, Sch. II.] (1) The "obstructive building may, or may not, be a dwelling house. The buildings obstructed must, of course, be dwelling-houses. (Jackson v. Knutsford, U.D.C., 1914, 2 Ch. 686). Typical "obstructive buildings are found in so-called back-to-back houses, as to which see 1909, s. 43 (Housing Code, s. 76). As to "representations" by a medical officer, see 1890, s. 4 (Housing Code, s. 6), and notes. (2) Parish Councils are given a similar right to make representations by the Local Government (Scotland) Act, 1894, s. 24 (6). (3) While the local authority must take the representation and report into consideration, the question of what action, if any, should be taken thereon, is entirely within their discretion. The right of appeal conferred on the owner by this section presupposes that he may offer to effect structural alterations with a view to removing or diminishing the obstruction. For definition of owner, see Housing Code, s. 10. As to right of appeal against demolition orders, see Housing Code, s. 30. (4) Lands Clauses Acts are defined by the Interpretation Act, 1889, s. 23, as meaning, as respects Scotland, the Lands Clauses Consolidation (Scotland) Act, 1845 (8 & 9 Vict., c. 19), and the Lands Clauses Consolidation Acts (Amendment) Act, 1860 (23 & 24 Vict., c. 106), and any acts for the time being in force amending same. It is to be observed that only certain sections of the Lands Clauses Acts are stated to be incorporated for the purposes of this section, and the omission to incorporate the rest of these Acts may conceivably give rise to practical difficulties. See also Middle Ward of Lanarkshire v. Marshall, 1896, 24 R. 139. This sub-section must now be read subject to the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919 (Appendix, p. 430), and reference is also made to the provisions of 1919, s. 8. (Housing Code, s. 90.) (5) The right to retain the site is in addition to the owner's right to object under sub-section (3). The owner is entitled to compensation only for the pulling down of the building, and not for indirect loss accruing therefrom. Thomson v. Annan District Committee, 1894, 2 S.L.T. 14. (8) As to compensation for part of a building taken, see Beyfus v. Westminster Corporation, 1914, 79, J.P. III., and Genders v. London County Council, 1915, 1 Ch. 1, and cases there quoted. It is to be noted that it is a condition precedent to part only of a building being taken that the remainder will not suffer material detriment. see (9) As to the principle of "betterment," Majority Report of Royal Commission on Housing, para. 1638, and Introduction, p. 43. (11) The dispute referred to is a dispute as to the apportionment of the compensation. The local authority is not a party. Thomson v. Annan District Committee, 1894, S.L.T. 14, and Marshall's case (24 R. 139). See (12) At any time. The provisions of this sub-section (13) Open space. See 1909, s. 73 (4) (Housing Code, s. 87), and 1919, s. 8 (1). (Housing Code, s. 90.) The case of Merrick v. Liverpool Corporation, 1910, 2 Ch. 449, is instructive as showing the proper course to be adopted where one and the same building is at the same time an obstructive building " and an “ unhealthy "dwelling." Where a local authority fail to perform their duties. under this section, the Board may intervene under 1909, s. 53 (12), or 1919, s. 4. (Housing Code, ss. 99 and 100.) Reconstruction Schemes. POWERS AND DUTIES OF LOCAL AUTHORITY. 33. (1) In any of the following cases, that is to say- (i) dedicated as a highway or open space; or (iii) exchanged with other neighbouring land which is (b) where it appears to the local authority that the closeness, narrowness, and bad arrangement or bad condition of any buildings, or the want of light, air, ventilation, or proper conveniences, or any other sanitary defect in any buildings is dangerous or prejudicial to the health of the inhabitants either of the said buildings or of the neighbouring build 1890, s. 39. 1909, Sch. VI. 1909, s. 23 (2). ings, and that the demolition or the reconstruction and rearrangement of the said buildings or of some of them is necessary to remedy the said evils, and that the area comprising those buildings and the yards, outhouses, and appurtenances thereof, and the site thereof, is too small to be dealt with as an unhealthy area under Part I. of this Code, the local authority shall pass a resolution to the above effect and direct a scheme to be prepared for the improvement of the said area. (2) Notice of the scheme may at any time after the preparation thereof be served in manner provided in Part I. of this Code with respect to notices of lands proposed to be taken compulsorily under a scheme made in pursuance of that part of this Act, on every owner or reputed owner, lessee or reputed lessee, and occupier of any part of the area comprised in the scheme, so far as those persons can reasonably be ascertained. (3) The local authority shall, after service of such notice, petition the Board for an order sanctioning the scheme, and the Board may cause a local inquiry to be held, and, if satisfied on the report of such local inquiry that the carrying into effect of the scheme either absolutely, or subject to conditions or modifications, would be beneficial to the health of the inhabitants of the said buildings or of the neighbouring dwelling-houses, may by order sanction the scheme with or without such conditions or modifications. (4) Upon such order being made, the local authority may purchase the area comprised in the scheme as so sanctioned. (5) The order may incorporate the provisions of the Lands Clauses Acts, and for the purpose of those provisions this Code shall be deemed to be the special Act, and the local authority to be the promoters of the undertaking, and the area shall be acquired within three years after the date of the order: Provided that the amount of compensation shall, in case of difference, be settled by arbitration in manner provided by this part of this Code. (6) Provision may be made in a reconstruction scheme under this part of the Code for any matters for which provision may be made in an improvement scheme under Part I. of the Code, 1909, Sch. II. and the provisions of Part I. of this Code, as amended by any subsequent Act relating to the duty of a local authority to carry a scheme when confirmed into execution, to the power of the Board to enforce that duty, to the completion of a scheme on failure by a local authority, and to the extinction of rights of way and other easements, shall, with the necessary modifications, apply for the purpose of any scheme under this section in like manner as if it were a scheme under Part I. of this Code. (7) The Board, on being satisfied by the local authority that an improvement can be made in the details of any scheme under this section, may by order permit the local authority to abandon 1909, s. 25, any part of the scheme which it may appear inexpedient to carry into execution, and to amend and add to the scheme in matters of detail in such manner as appears expedient to the Board. (8) Where a scheme for reconstruction is made, neighbour- 1903, s. 7. ing lands may be included in the area comprised in the scheme if the local authority under whose direction the scheme is made are of opinion that that inclusion is necessary for making their scheme efficient, but the provision of sub-section two of section as to the exclusion of any additional allowance in respect of compulsory purchase, shall not apply in the case of any land so included. [1890, s. 39; 1903, s. 7; 1909, ss. 23 (2), 24 (2), 25, Sch. II. and VI.] (1) Order for demolition of building.-I.e., under Housing Code, s. 26 or s. 32. (1) (a) (i). Open space.-See Housing Code, ss. 87 and 90. By (1) (a) (ii). Dwellings for the working classes. See 66 The provisions of the remainder of this section are and notes. (3) Local enquiry.-See 1890, s. 85, Housing Code, s. 102. 41, Settlement of compensation.-See 1890, s. |