. ss 43-44 (Housing Code, ss. 75 and 77). (2) In B. Laying out and construction of new streets. (1) A valuable detailed account of the above provisions is contained in the report of the Royal Commission on Housing, c. V. (and see also Whyte's Digest of the Report, Appendix I.). 1919, s 22. 1919, s. 31. Relaxation of Building Regulations. 107. (1) Notwithstanding the provisions of any building regulations, a local authority may, during the period of three years after 19th August, 1919, consent to the erection and use for human habitation of any buildings erected or proposed to be erected in accordance with any regulations made by the Board. (2) The local authority may attach to their consent any condition which they may deem proper with regard to the situation, sanitary arrangement, and protection against fire of such buildings, and may fix, and from time to time extend, the period during which such buildings shall be allowed to be used for human habitation. (3) If any person feels aggrieved by the neglect or refusal of the local authority to give such consent, or with the conditions on which such consent is given, or as to the period for which consent is allowed for the use of such buildings for human habitation, he may appeal to the Board, whose decision shall be final, and shall have effect as if it were the decision of the local authority. (4) The expression "building regulations" means any statutory enactments, bye-laws, rules, and regulations, or other provisions under whatever authority made, relating to the construction of new buildings and the laying out of and construction of new streets or roads. [1919, ss. 22, 31.] As to building regulations, see notes to immediately preceding section. It is to be noted that this is an emergency provision, the operation of which will cease on 19th August, 1922. Power to Act Jointly. 108. Where, upon an application made by one of the local 1909, s. 38. authorities concerned, the Board are satisfied that it is expedient that any local authorities should act jointly for any purposes of the Housing Code, either generally or in any special case, the Board may by order make provision for the purpose, and any provisions so made shall have the same effect as if they were contained in an order made under s. 83 of the 1909, s. 53 (3). Public Health (Scotland) Act, 1897. [1909, ss. 38 and 53 (3).] Any local authorities.-I.e., whether contiguous or not. S. 83 of the Public Health Act, 1897, empowers the Board by order to authorise or require joint action by two or more local authorities, and to prescribe the mode of such joint action and of defraying the cost thereof. See also 1919, s. 1 (6). (Housing Code, s. 46). Power to Appoint Committees. 109. For the purposes of this Code, a local authority act- 1890, s. 81. ing under this Code may appoint so many persons as they may think fit, for any purposes of this Code which in the opinion of such authority would be better regulated and managed by means of a committee: Provided that a committee so appointed shall consist as to a majority of its members of members of the 1919, Sch. I1. appointing local authority, and shall in no case be authorised to borrow any money or to make any rate, and shall be subject to any regulations and restrictions which may be imposed by the authority that formed it. [1890, s. 81, and 1919, Sch. II.] Prior to 1919 it was necessary that the Committee should be composed wholly of members of the appointing local authority. By Sch. II. of the Act of 1919 it was provided that a majority of the members only need be selected from the members of the appointing local authority. 1890, s. 88. S. 81 (a). While the local authority can act through Committees, yet any of the purposes of the Act which must be preceded by a resolution can only be carried out by the local authority. For the similar powers of local authorities under the Public Health (Scotland) Act, 1897, see s. 14. For the similar powers of County Councils and District Committees under the Local Government (Scotland) Act, 1889, see s. 17 (1) and (2) and ss. 74 and 80; and for similar powers of burghs and Town Councils see Town Councils (Scotland) Act, 1900, s. 74. Where certain matters are delegated to a Committee, that Committee cannot, unless authorised so to do, delegate their functions to a Sub-Committee (Thomson v. Dundee Police Commissioners, 1887, 15 R. 164); vide also Hanley v. Edinburgh Public Health Committee, O.H., 1916, 1 S.L.T. 128. While under s. 17 (2) the District Committee exercise all the powers and duties of the County Council with respect to the administration of the laws relating to public health, the County Council appoint the medical officer and sanitary inspector for the county. Voting Disqualifications. 110. (1) A person shall not vote as member of a local authority or any committee thereof upon any resolution or question which is proposed or arises in pursuance of Part I. or 1909, Sch. II. Part II. or Part III. of this Code, if it relates to any dwellinghouse, building, or land in which he is beneficially interested. 1890, s. 86. (2) If any person votes in contravention of this section he shall, on summary conviction, be liable for each offence to a fine not exceeding fifty pounds; but the fact of his giving the vote shall not invalidate any resolution or proceeding of the local authority. [1890, s. 88; 1909, Sch. II.] See Regina v. Stuart, 1896, 1 Q.B. 200; Sellar v. Highland Railway, 1918, S.C. 838. The corresponding provision generally applicable to county administration is Local Government (Scotland) Act, 1889, s. 9 (2); and in the case of burghs, Town Councils (Scotland) Act, 1900, s. 13 (5). Summary conviction.-See 1890, s. 95 (4) (Housing Code, s. 125). Authentication of Writings. 111. (1) An order in writing made by a local authority under this Code shall be under their seal and authenticated (15). by the signature of their clerk or his lawful deputy: Provided 1890, s. 96 that where a local authority have not a seal, the order shall be authenticated by the signature of any two or more members of the local authority, and of their clerk or his lawful deputy. (2) A notice, demand, or other written document proceeding from the local authority under this Code shall be signed by their clerk or his lawful deputy. [1890, ss. 86, 96 (15).] Section 86. (a) S. 20 of the Interpretation Act, 1889, 66 Printing, lithography, photography, and other (b) Vide Times, 6th January, 1911, for a Glasgow 66 case may be, with perpetual succession and a 66 common seal." District Committees have not a common seal. The "The Town Council of a police burgh shall be a body 66 As under 1890, s. 84 (Housing Code, s. 84), the provisions of the Public Health (Scotland) Act, 1897, relative to bye-laws apply to bye-laws authorised by the Housing Acts, it follows that these bye-laws require to be authenticated in the same way as bye-laws under the Public Health Act, except that in the case of the District Committees making bye-laws the consent of the County Council is not now required (1919 Act, Fourth Schedule). S. 183 of the Public Health (Scotland) Act, 1897, in this connection is as follows: "Authentication of Bye-laws.-All bye-laws made by a "local authority under and for the purposes of this have no common seal, shall be signed by two "members and the clerk of such authority, and any "such bye-law may be altered or repealed by a subse"quent bye-law made pursuant to the provisions of "this Act; provided that no bye-law made under this "Act by a local authority shall be of any effect if repugnant to the law of Scotland or to the provi"sions of this Act." As to the powers of the clerk to bind a Town Council, vide Macfarlane & Co. v. Gatehouse Magistrates, 30 Sh.Ct. Rep. 62. 1890, s. 87. Service on Local Authority. 112. Any notice, summons, writ, or other proceeding at law or otherwise required to be served on a local authority in relation to carrying into effect the objects or purposes of this Code, or any of them, may be served upon that authority by delivering the same to their clerk, or leaving the same at his 1903, s. 13 (2). office with some person employed there, and any such document shall be deemed to be sufficiently served upon the local authority if addressed to that authority or their clerk at the office of that authority and sent by post in a registered letter. [1890, s. 87, and 1903, s. 13 (2).] Service. See Housing Code, s. 10, and notes. 1903, s. 11. Powers to Provide Shops, Recreation Ground, &c. 113. (1) Any power of the local authority under this Code, or under any scheme made in pursuance of this Code, to provide dwelling accommodation or lodging-houses, shall include a power to provide and maintain, with the consent of the Board, and, if desired, jointly with any other person, in connection with any such dwelling accommodation or lodginghouses, any building adapted for use as a shop, any recreation grounds, or other buildings or land which in the opinion of the Board will serve a beneficial purpose in connection with the requirements of the persons for whom the dwelling accommodation or lodging-houses are provided, and to raise money for the purpose, if necessary, by borrowing. (2) The Board may, in giving their consent to the provision. of any land or building under this section, by order apply, with any necessary modifications, to such land or building any statutory provisions which would have been applicable thereto if the land or building had been provided under any enactment giving any local authority powers for the purpose. [1903, s. 11.] (1) Person, in terms of the Interpretation Act, 1889, s. 19, includes any body of persons, corporate or unincorporate. Hence, with the consent of the Board, the local authority can act under this section along with another local authority, whether contiguous or not, or with an individual or body of trustees. See also powers conferred on Parish Councils by Local Government (Scotland) Act, 1894 (57 & 58 Vict. c. 58), s. 24 (1) (b) and (ƒ). |