ciency of private enterprise to meet the needs of the While the responsibility falls upon the local authority, 1890, s. 53. 1909, s. 50. 1890, s. 93. 1919, s. 31. 1919, s. 31. Definitions. 45. (1) The expression "lodging-houses for the working "classes," when used in this part of this Code, shall include separate houses or cottages for the working classes, whether containing one or several tenements, and the purposes of this part of this Code shall include the provision of such houses and cottages. (2) The expression "cottage" in this part of this code may include a garden of not more than one acre. (3) "Land," unless the context otherwise requires, shall include any right over land. (4) The expression "public utility society" means a society registered under the Industrial and Provident Societies Acts, 1893 to 1913, or any amendment thereof, the rules whereof prohibit the payment of any interest or dividend at a rate exceeding six per centum per annum. (5) The expression "housing trust" means a corporation or body of persons which by the terms of its constituent instrument is required to devote the whole of its funds, including any surplus which may arise from its operations, to the provision of houses for persons the majority of whom are in fact members of the working classes, and to other purposes incidental thereto. [1890, ss. 53, 93; 1909, s. 50; 1919, s. 31.] (1) Lodging houses.-This expression was originally used in the Housing Acts in its ordinary meaning. It now extends not only to common lodging houses, property 66 Cottage. A district council, having proposed to provide three acres of land with each cottage erected by them under Part III. of the Act of 1890, the Local Government Board for England, founding on this section, expressed the opinion that it was not competent for them to do so (Local Government, 1918; Macmorran and Willis, p. 552). Land. See Housing Code, s. 4, and notes. Public Utility Societies and Housing Trusts.-For a detailed account of the operations of these bodies, see Royal Commission Report, chaps. XXV. and XXVI. The Industrial and Provident Societies Acts, 1893 to 1913, are The Industrial and Provident Societies Act, 1893 The Industrial and Provident Societies (Amendment) The Industrial and Provident Societies (Amendment) An industrial and provident society is defined in the Compare the definition of "authorised society" in s. 3 of the Housing Act, 1914 (Appendix, p. 423), and s. 3 of the Housing (No. 2) Act, 1914 (Appendix, p. 424). Duty of Local Authority to Prepare Housing Scheme. 46. (1) It shall be the duty of every local authority to 1919, s. 1. consider the needs of their district with respect to the provision. of houses for the working classes, and within three months after 19th August, 1919, and thereafter, as often as occasion arises, to prepare and submit to the Board a scheme for the exercise of their powers under Part III. of this Code. (2) A scheme under this section shall specify (a) the approximate number and 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, wherever 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 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 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 apportion ment amongst the authorities of any expense 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. (8) Where any proposals as to the provision of houses for the working classes have, before 19th August, 1919, been submitted to the Board by a local authority, and those proposals have been approved by the Board either before or after 19th August, 1919, the proposals shall be treated for any of the purposes of this section as if they were a scheme submitted under this section. [1919, s. 1.] (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 1919, s. 23 (Housing Code, s. 73), will be kept in view, since by that section the local authority are required to furnish periodical statements to the Board until 31st March, 1927. (2) For further explanations as to the requirements of the Board, see Appendix, pp. 313 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, see 1919, s. 5 (1) (i) (Housing Code, s. 95), and notes. (6) As to joint action by local authorities, see Housing Code, s. 108. Note.-S. 16 of the English Housing Act, 1919, is now applicable to Scotland, vide s. 13 (2) of the Housing (Additional Powers) Act, 1919. Duty of Local Authority to Carry Out Scheme. 47. It shall be the duty of a local authority on which 1919, s. 2. obligations are imposed by any scheme approved under the foregoing section 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. [1919, s. 2.] 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. 1890, ss. 56, 96. General Powers of Local Authority. 48. For the purposes of this part of this Code the local 1909, s. 53 (5). authority may exercise the same powers, whether of contract or otherwise, as in the execution of their duties under the Public Health (Scotland) Act, 1897. 1890, s. 57. 1919, Sch. IV. 1909, s. 2. 1900, s. 1. [1890, s. 56; 1909, s. 53 (5).] The Public Health Act, 1897, s. 14, indicates in general terms the powers of the local authority under that Act. For powers of Town Councils, see Town Councils (Scotland) Act, 1900, ss. 7, 9, 18, 19, and 74; for powers of County Councils, see Local Government (Scotland) Act, 1889, ss. 3, 11, 67, and 72; and as to District Committees, ss. 17 (2) (b) and 79 of the 1889 Act. Acquisition of Land: General Powers and Procedure. 49. (1) Land for the purposes of this part of this Code may be acquired by a local authority 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 (relating to the acquisition of lands) shall apply accordingly. (2) A local authority may be authorised to purchase land compulsorily for the purposes of this part of this Code, by means of an order submitted to the Board and confirmed by the Board in accordance with Schedule A to this Part of the Code. This procedure shall be substituted for that prescribed by s. 145 of the Public Health (Scotland) Act, 1897. (3) A local authority may, with the consent of and subject to any conditions imposed by the Board, acquire land by agreement for the purposes of this part of the Code, notwithstanding that the land is not immediately required for those purposes. (4) The local authority may, with the consent of the Board, appropriate, for the purposes of this part of this Code, any lodging-houses so purchased or taken on lease, and any other land which may be for the time being vested in them, or at their disposal. (5) The local authority may, for supplying the needs of their district, establish or acquire lodging-houses for the working classes under this part outside their district. [1890, s. 57; 1900, s. 1; 1909, s. 2; 1919, Sch. IV.] See further 1919, s. 11 (Housing Code, s. 52). Land. See Housing Code, s. 4, and notes. |