the General Register of Sasines for the county of day of [or as for the case may be], on the An Act to Amend Part III. of the Housing of the Working Classes Act, 1890. [8th August, 1900.] 1. Where any council, other than a rural district council, have adopted Part Three of the Housing of the Working Classes Act, 1890 (in this Act referred to as "the principal Act "), they may, for supplying the needs of their district, establish or acquire lodging houses for the working classes under that Part outside their district. Housing Code, 8. 49 (5) Exercise of powers outside district. Adoption of Act by rural 2.-(1) The council of any rural district may, with the consent of the county council, adopt Part Three of the principal Act, either for the whole of their district or for any contributory place or places therein. (2) In giving or withholding their consent under this section, the county 53 & 54 Vict. council shall have regard (a) to the area for which it is proposed to adopt the said Part; and (c) to the probability of such accommodation being provided without the (d) to the liability which will be incurred by the rates, and to the question whether it is, under all the circumstances, prudent for the district council to adopt the said Part. c. 70. (3) The principal Act is hereby repealed to the extent mentioned in the 53 & 54 Vict. third column of the schedule to this Act. 3.-(1) Any expenses incurred by the council of a metropolitan borough under Part III. of the principal Act, whether within or without the borough, shall be defrayed as part of the ordinary expenses of the council, and in that Act the expressions district," "local authority," and "local rate shall, for the purposes of Part III. of the Act, include a metropolitan borough, the council of the borough, and the general rate of the borough. (2) Where the council of a metropolitan borough adopt Part III. of the principal Act, the power of the council to borrow for the purposes of that Part shall be exerciseable in the like manner and subject to the like conditions as the power of the council to borrow for the purposes of Part II. of that Act. 4. Where land acquired by a council under Part III. of the principal Act is appropriated for the purpose of re-housing persons displaced by the council under the powers of any other Part of that Act or of any other enact ment, 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. c. 70. Provisions as to borough Housing Code, 8. 98 (5). Accounts. Leases by local authority for houses. Repealed by 1919, Sch. IV. 5.-(1) The Local Authority, if not a rural district council, with the consent of the Local Government Board, and if a rural district council with building lodging the consent of the county council, may lease any land acquired by them under and for the purposes of Part III. of the principal Act to any lessee for the purpose and under the condition that the lessee will carry the Act into execution by building and maintaining on the land lodging houses within the meaning of the Act; and the Local Authority shall insert in every lease all necessary provisions for insuring the user of the land and buildings for lodging houses within the meaning of the Act, and in particular the Local Authority shall insert in any lease provisions binding the lessee to build on the land as in the lease prescribed, and to maintain and repair the buildings, and securing the use of the buildings exclusively as lodging houses within the meaning of the Act, and prohibiting any addition to or alteration of the character of the buildings without the consent of the Local Authority; and also a provision for the re-entry of the Local Authority on the land on the breach of any of the terms of the lease; and every deed or instrument of demise of the land or buildings shall be endorsed with notice of this sub-section. Powers of county council of rural council. Provided that in the case of a council in London, the consent of a Secretary of State shall be substituted for the consent of the Local Government Board. (2) Sections sixty-one and sixty-two of the principal Act shall not extend to any lodging house to which this section applies. 6. The council of any administrative county, if a parish council, shall resolve that a rural district council ought to have taken steps for the adopto act on default tion of Part III. of the principal Act, or to have exercised their powers under that Part, and have failed to do so, may, if satisfied after due inquiry that the district council have so failed, resolve that the powers of the district council for the purposes of that part shall be transferred to the county council with respect to the parish, and they shall be transferred accordingly, and the resolution shall, if necessary, have effect as an adoption of that part by the district council, and, subject to the provisions of this Act, section sixty-three of the Local Government Act, 1894, shall apply as if the powers had been transferred under that Act. 56 & 57 Vict. c. 73. Arbitration as to acquisition of land. Short title and extent. Repealed by 1909, Sch. VI. 7. Where land is acquired under Part III. of the principal Act otherwise than by agreement, any question as to the amount of compensation which may arise shall in default of agreement be determined by a single arbitrator to be appointed and removable by the Local Government Board, and subsections (5), (7), (8), (10), and (11) of section forty-one of the Act shall apply as in the case of an arbitration under that section. Provided that in the case of a council in London a Secretary of State shall be substituted for the Local Government Board. 8.-(1) This Act may be cited as the Housing of the Working Classes Act, 1900, and the Housing of the Working Classes Acts, 1890 to 1894, and this Act may be cited together as the Housing of the Working Classes Acts, 1890 to 1900. (2) This Act shall not extend to Scotland or Ireland. HOUSING OF THE WORKING CLASSES ACT, 1903. [3 ED. VII. c. 39.] An Act to Amend the Law relating to the Housing of the Working Classes. [14th August, 1903.] GENERAL AMENDMENTS OF LAW. 1. (1) The maximum period which may be sanctioned as the period for which money may be borrowed by a Local Authority for the purposes of the Housing of the Working Classes Act, 1890 (in this Act referred to as "the principal Act"), or any Acts amending it, shall be eighty years, and as respects money so borrowed eighty years shall be substituted for sixty years in section two hundred and thirty-four of the Public Health Act, 1875. (2) Money borrowed under the principal Act or any Acts (including this Act) amending it (in this Act collectively referred to as the Housing Acts) shall not be reckoned as part of the debt of the Local Authority for the purposes of the limitation on borrowing under sub-sections two and three of section two hundred and thirty-four of the Public Health Act, 1875. 2. (1) His Majesty may by Order in Council assign to the Local Government Board any powers and duties of the Secretary of State under the Housing Acts, or under any scheme made in pursuance of those Acts, and the powers of the Secretary of State under any local Act, so far as they relate to the housing of the working classes, and any such powers and duties so assigned shall become powers and duties of the Local Government Board. (2) Section eleven of the Board of Agriculture Act, 1889, shall apply with respect to the powers and duties transferred under this section as it applies with respect to the powers and duties transferred under that Act, with the substitution of the Local Government Board for the Board of Agriculture and of the date of the transfer under this section for the date of the establishment of the Board of Agriculture. 3. Where under the powers given after the date of the passing of the Act 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 after the date of the passing of this Act any land is so acquired compulsorily under any general Act (other than the Housing Acts), the provisions set out in the Schedule to this Act shall apply with respect to the provision of dwelling accommodation for persons of the working class. AMENDMENTS AS TO SCHEMES. Provisions on failure of local authority to make a scheme. 4.-(1) If, on the report made to the confirming authority on an inquiry directed by them under section ten of the principal Act, that authority are satisfied that a scheme ought to have been made for the improvement of the area to which the inquiry relates, or of some part thereof, they may, if they think fit, order the Local Authority to make such a scheme, either under See 1909 s. 53 Part I. of the principal Act, or, if the confirming authority so direct, under (10). Part II. of that Act, and to do all things necessary under the Housing Acts for carrying into execution the scheme so made, and the Local Authority shall accordingly make a scheme or direct a scheme to be prepared as if they had passed the resolution required under section four or section thirtynine of the principal Act, as the case may be, and do all things necessary under the Housing Acts for carrying the scheme into effect. Any such order of the confirming authority may be enforced by mandamus. 8. 8. (2) Any twelve or more ratepayers of the district shall have the like Housing Code, appeal under section sixteen of the principal Act as is given to the twelve or more ratepayers who have made the complaint to the medical officer of health mentioned in that section. Amendment of procedure for confirming improvement scheme. Repealed by 1919, Sch. IV, Repealed by 1909, Sch. VI. Housing Code 8. 11. Power to modify schemes in certain cases. Repealed by 1909, Sch. VI. Housing Code, Amendment of procedure for closing orders. Repealed by 1909, Sch. VI. 5.-(1) Section seven of the principal Act shall have effect as if the words "in the month of September or October or November" were omitted from paragraph (a), and as if the words during the thirty days next following the date of the last publication of the advertisement were substituted for the words during the month next following the month in which such advertisement is published" in paragraph (b). (2) The order of a confirming authority under sub-section four of section eight of the principal Act shall, notwithstanding anything in that section, take effect without confirmation by Parliament (a) if land is not proposed to be taken compulsorily; or (b) if, although land is proposed to be taken compulsorily, the confirming authority before making the order are satisfied that notice of the draft order has been served as required as respects a Provisional Order by sub-section five of the said section eight, and also that the draft order has been published in the London Gazette, and that a petition against the draft order has not been presented to the confirming authority by any owner of land proposed to be taken compulsorily within two months after the date of the publication and the service of notice, or, having been so presented, has been withdrawn. (3) For the purposes of the principal Act, the making of an order by a confirming authority, which takes effect under this section without confirmation by Parliament, shall have the same effect as the confirmation of the order by Act of Parliament, and any reference to a Provisional Order, made under section eight of the principal Act, shall include a reference to an order which so takes effect without confirmation by Parliament. 6.—(1) If an order under sub-section four of section eight or under section thirty-nine of the principal Act, which, if no petition were presented, would take effect without confirmation by Parliament, is petitioned against, the confirming authority or the Local Government Board, as the case may be, may, if they think fit, on the application of the Local Authority, make any modifications in the scheme to which the order relates for the purpose of meeting the objections of the petitioner and withdraw the order sanctioning the original scheme, substituting for it an order sanctioning the modified scheme. (2) The same procedure shall be followed as to the publication and giving notices, and the same provisions shall apply as to the presentation of petitions and the effect of the order, in the case of the order sanctioning the modified scheme, as in the case of the order sanctioning the original scheme, but no petition shall be received or have any effect except one which was presented against the original order, or one which is concerned solely with the modifications made in the scheme as sanctioned by the new order. 7. Where a scheme for reconstruction under Part II. of the principal Act is made, neighbouring 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 forty-one, as to the exclusion of any additional allowance in respect of compulsory purchase, shall not apply in the case of any land so included. AMENDMENTS AS TO CLOSING ORDERS, DEMOLITION, &c. 8.-(1) If in the opinion of the Local Authority any dwelling-house is not reasonably capable of being made fit for human habitation, or is in such a state that the occupation thereof should be immediately discontinued, it shall not be necessary for them before obtaining a closing order to serve a notice on the owner or occupier of the premises to abate the nuisance, and a justice may issue a summons for a closing order and a closing order may be granted, although such a notice has not been served. (2) The Local Government Board may by order prescribe forms in substitution for those in the Fourth Schedule to the principal Act, and section thirty-two of the principal Act shall have effect as if the forms so prescribed were referred to therein in lieu of the forms in that schedule. 9. Where the amount realised by the sale of materials under section thirty-four of the principal Act is not sufficient to cover the expenses incident to the taking down and removal of a building, the Local Authority may recover the deficiency from the owner of the building as a civil debt in manner provided by the Summary Jurisdiction Acts, or under the provisions of the Public Health Acts relating to private improvement expenses. 10. Where default is made as respects any dwelling-house in obeying a closing order in the manner provided by sub-section three of section thirty-two of the principal Act, possession of the house may be obtained (without prejudice to the enforcement of any penalty under that provision), whatever may be the value or rent of the house, by or on behalf of the owner or Local Authority, either under sections one hundred and thirtyeight to one hundred and forty-five of the County Courts Act, 1888, or under the Small Tenements Recovery Act, 1838, as in the cases therein provided for, and in either case may be obtained as if the owner or Local Authority were the landlord. Any expenses incurred by a Local Authority under this section may be recovered from the owner of the dwelling-house as a civil debt in manner provided by the Summary Jurisdiction Acts. MISCELLANEOUS. 8. 113. Powers in connection with provision of dwelling accommodation 11.-(1) Any power of the Local Authority under the Housing Acts, Housing Code, or under any scheme made in pursuance of any of those Acts, to provide dwelling accommodation or lodging houses, shall include a power to provide and maintain, with the consent of the Local Government Board, and, if desired, jointly with any other person, in connection with any such dwelling accommodation or lodging houses, any building adapted for use as a shop, any recreation grounds, or other buildings or land which in the opinion of the Local Government 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 Local Government 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. 12. Section seventy-five of the principal Act (which relates to the condition to be implied on letting houses for the working classes) shall, as respects any contract made after the passing of this Act, take effect notwithstanding any agreement to the contrary, and any such agreement made after the passing of this Act shall be void. or lodging houses. 8. 42. 13. (1) Any notice required to be served under Part II. of the principal Housing Code, Act upon an owner shall, notwithstanding anything in section forty-nine of that Act, be deemed to be sufficiently served if it is sent by post in a Service of registered letter addressed to the owner or his agent at his usual or last known residence or place of business. notices. 8. 112. (2) Any document referred to in section eighty-seven of the principal Housing Code, Act 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. SPECIAL PROVISIONS AS TO LONDON. 14. The council of a metropolitan borough may, if they think fit, pay or contribute towards the payment of any expenses of the London County Council under sub-section five of section forty-six of the principal Act in connection with a scheme of reconstruction, and borrow any money required by them for the purpose under sub-section two of the said section; but an order under sub-section six shall not be necessary except in cases of disagreement between the county council and the council of the borough. Agreements councils. |