general assessment (abolishing the statutory limit of 1s.
in the £), and authorises the local authority, not being a
Town Council, to assess and levy this rate upon certain
portions of their district only, should the circumstances so
demand.

The provisions of the Housing Acts as to borrowing by
local authorities are-

And the following sections of the Act of 1909, viz., ss. 3, 30, 53 (6), and 65 (2). The leading provision is 1909, s. 53 (6) (Housing Code, s. 93), which enables money to be borrowed on the security of the local rate in the same manner as under s. 141 of the Public Health Act, 1897. Money may also be borrowed on favourable terms from the Public Works Loan Commissioners (1909, s. 3).

Determination of Questions by Board.

14. Where the Board are authorised by this Code or any 1909, s. 62. scheme made thereunder to determine any matter, it shall, except as otherwise expressly provided by this Code, be at their option to determine the matter as arbiters or otherwise, and, if they elect or are required to determine the matter as arbiters, the provisions of the Regulation of Railways Act, 1868, respecting arbitrations by the Board of Trade, and the enactments amending those provisions, shall apply as if they were herein re-enacted and in terms made applicable to the Board and the determination of the matters aforesaid.

[1909, s. 62.]

By 1909, s. 58 (4), questions of "betterment" and "injurious affection"""" are referred to a single arbiter appointed by the Board. To such cases this section has no application. By 1909, s. 54 (7), the Board are given jurisdiction to determine whether land is likely to be used for building purposes, and by 1909, s. 59 (2) they are made the judges of the reasonableness of bye-laws. In these cases the Board may elect to determine the matter as arbiters or "otherwise." By 1909, s. 57 (3), however, the Board must act as arbiters, ," unless the parties otherwise agree, in deciding disputes as to the operation of a town planning scheme.

66

66

The Regulation of Railways Act, 1868 (31 and 32 Vict.
c. 119) makes the following provisions with regard to
arbitrations: :-

"S. 30. Whenever the Board of Trade are required to
"make any award or to decide any difference in any
"case in which a company is one of the parties,

66

"they may appoint an arbitrator to act for them, and
"his award or decision shall be deemed to be the
award or decision of the Board. If the arbitrator
dies, or, in the judgment of the Board becomes
"incapable or unfit, the Board may appoint another
66 arbitrator."

66

32

S. 31 provides for remuneration of arbiters, and s. incorporates ss. 18-29 inclusive of the Railway Companies Arbitration Act, 1859 (22 & 23 Vict. c. 59), which deal with matters of procedural detail.

1909, s. 63.

1909, s. 67 (1).

Inquiries by Board.

15. (1) S. 85 of the Housing of the Working Classes Act, 1890 (which relates to inquiries by the Board), as amended by this Act, shall apply for any purposes of this Code as it applies for the purpose of the execution of the powers and duties of the Board under that Code.

(2) The Board shall have the same powers of local inquiry for the purposes of this Code as for the purposes of the Housing Code.

[1909, ss. 63 and 67 (1).]

(1) See Housing Code, s. 102 (1890, s. 85), and notes.

(2) In addition to 1890, s. 85, inquiries by the Board under the Housing Acts are dealt with in 1989, 53 (9) (Housing Code, s. 102), which provides that ss. 7-10, inclusive, of the Public Health Act, 1897, shall apply, except in so far as inconsistent with 1890, s. 85.

1909, ss. 64 and 67 (8).

1909, s. 67 (7).

Miscellaneous Provisions.

16. (1) All general provisions made under this Code shall be laid as soon as may be before Parliament, and the Rules Publication Act, 1893, shall apply to such provisions as if they were statutory rules within the meaning of s. 1 of that Act, which section shall be held to apply to Scotland with the substitution of “Edinburgh Gazette" for "London Gazette."

(2) In any proceedings under this Code the Board shall have regard to the powers and jurisdiction of the Dean of Guild Court in burghs.

[1909, s. 64, 67.]

(1) General provisions.-See 1909, s. 55 (1) (Town Planning Code, s. 4). The Rules Publication Act, 1893 (56 & 57 Vict. c. 66), deals with the procedure to be followed in making statutory rules, which are defined in s. 1

(4) as those made in pursuance of any Act of Parliament
"which directs the statutory rules to be laid before Parlia-
"ment," but the definition excludes rules which (or a draft
of which)" are required to be laid before Parliament for
any period before the rules come into operation," and
also excludes "rules made by the Local Government Board
"for England."

(2) The public health general assessment is levied on owners and occupiers up to a maximum of 1s. in the £ (Public Health Act, 1897, ss. 135-7). The statutory limit was abolished so far as burghs are concerned by the Burgh Sewerage, &c. (Scotland), Act, 1901, s. 7.

(3) Dean of Guild Court.-Burgh Police Act, 1892, ss. 201-9; Burgh Police Act, 1903, ss. 36-43.

Schedule A.

MATTERS TO BE DEALT WITH BY GENERAL PROVISIONS PRESCRIBED

BY THE BOARD.

1. Streets, roads, and other ways, and stopping up or diversion 1909, Sch. IV. of existing highways.

2. Buildings, structures, and erections.

3. Open spaces, private and public.

4. The preservation of objects of historical interest or natural

beauty.

5. Sewerage, drainage, and sewage disposal.

6. Lighting.

7. Water supply.

8. Ancillary or consequential works.

9. Extinction or variation of private rights of way and other easements.

10. Dealing with or disposal of land acquired by the responsible authority or by a local authority.

11. Power of entry and inspection.

12. Power of the responsible authority to remove, alter, or demolish any obstructive work.

13. Power of the responsible authority to make agreements with owners, and of owners to make agreements with one another.

14. Power of the responsible authority or a local authority to accept any money or property for the furtherance of the object of any town planning scheme, and provision for regulating the administration of any such money or property.

15. Application with the necessary modifications and adaptations of statutory enactments.

16. Carrying out and supplementing the provisions of this Code for enforcing schemes.

17. Limitation of time for operation of scheme.

1919, Sch. III.

18. Co-operation of the responsible authority with the owners of land included in the scheme or other persons interested.

19. Charging on the inheritance of any land the value of which is increased by the operation of a town planning scheme the sum required to be paid in respect of that increase, and for that purpose applying, with the necessary adaptations, the provisions of any enactments dealing with charges for improvements of land.

1909, Sch. V. 1919, Sch. III.

Schedule B.

1. Procedure anterior to the preparation or adoption of a scheme-
(a) Preparation and deposit of plans.

(b) Publication of notices.

2. Procedure during, on, and after the preparation or adoption
and before the approval of the scheme

(a) Submission to the Local Government Board of the proposed
scheme, with plans and estimates.

(b) Notice of submission of proposed scheme to the Local Govern
ment Board.

(c) Hearing of objections and representations by persons affected,
including persons representing architectural or archæo-
logical societies or otherwise interested in the amenity
of the proposed scheme.

(d) Publication of notice of intention to approve scheme and
the lodging of objections thereto.

3. Procedure after the approval of the scheme

(a) Notice to be given of approval of scheme.

(b) Inquiries and reports as to the beginning and the progress
and completion of works, and other action under the
scheme.

4. Duty, at any stage, of the local authority to publish or deposit for inspection any scheme or proposed scheme, and the plans relating thereto, and to give information to persons affected with reference to any such scheme or proposed scheme.

5. The details to be specified in plans, including, wherever the circumstances so require, the restrictions on the number of buildings which may be erected on each acre, and the height and character of those buildings.

APPENDIX.

PART I.

CIRCULARS, MEMORANDA, ORDERS, REGULATIONS, ETC., ISSUED BY THE BOARD.*

PAGE

1. Circular No. P.H. vi., 1910. Forms of Notices, dated 11th November, 1910,

254

2. Order as to Forms of Notices, dated 11th November, 1910,

254

3. Circular No. P.H. viii., 1910, and Inspection of District Regulations, dated 28th November, 1910,

269

4. Order prescribing Forms of Advertisements, Notices, &c., for Improvement Schemes, dated 10th January, 1911,

5. Circular No. P.H. ii., 1911, and Town Planning Procedure Regulations, dated 20th June, 1911,

6. Amending Order as to Forms of Notices, &c., dated 6th March, 1912,

7. Circular No. H. & T.P. iii., 1912, and Regulations as to Royal Palaces and Parks, dated 9th December, 1912,

271

275

287

291

8. Instructions as to Procedure for Improvement Schemes, dated 20th April, 1914,

292

294

9. Circular No. H. & T.P. i., 1918, dated 18th March, 1918,
10. Circular No. H. & T.P. ii., 1918, dated 24th June, 1918,
11. Circular No. H. & T.P. 1, 1919, dated 12th February, 1919,
12. Memorandum, dated June, 1919, on Financial Assistance to Public
Utility Societies,

13. Circular No. H. & T.P. iv., 1919, dated 16th June, 1919,

304

307

14. Circular No. H. & T.P. v., 1919, dated 19th August, 1919,

15. Circular No. H. & T.P. vii., 1919, dated 19th September, 1919, 16. Treasury Minute on Rate of Interest on Loans, dated 30th August, 1919,

313

321

17. Circular No. H. & T.P. ix., 1919, and Housing Acts (Compulsory Purchase) (Scotland) Order, dated 10th October, 1919,

321

18. Memorandum, dated 15th October, 1919, Reparation of Schemes, 19. Circular No. H. & T.P. xi., 1919, on Housing of Crofters, dated 5th November, 1919,

325

330

*N.B.-Circulars of only temporary interest have been omitted.