Provisions consequential on extension of ment of loans. 15. For the purpose of carrying into effect the provisions of this Act as to the maximum period for which money may be borrowed, eighty period for repay. years shall be substituted for sixty years in section twenty-seven of the Metropolitan Board of Works (Loans) Act, 1869, and such sum as will be sufficient, with compound interest, to repay the money borrowed within such period, not exceeding eighty years, as may be sanctioned by the London County Council, shall be substituted for two pounds per cent. in section one hundred and ninety of the Metropolis Management Act, 1855. 32 & 33 Vict. c. 102. 18 & 19 Vict. c. 120. Substitution of Repealed by Short title and extent Repealed by 1909, Sch. VI. 16. The Secretary of State shall be substituted for the Local Government Board in the application to the administrative county of London of the provisions of the Schedule to this Act and of the provisions of this Act which requires the consent of the Local Government Board to the exercise of additional powers given to a Local Authority by this Act in connection with the provision of dwelling accommodation or lodging houses, until the powers and duties of the Secretary of State under those provisions are transferred to the Local Government Board in pursuance of this Act. SUPPLEMENTAL. 17. (1) This Act may be cited as the Housing of the Working Classes Act, 1903, and the Housing of the Working Classes Acts, 1890 to 1900, and this Act, may be cited together as the Housing of the Working Classes Acts, 1890 to 1903. (2) This Act shall not extend to Scotland or Ireland. Amended and Housing Code, SCHEDULE. (1) If in the administrative county of London or in any borough or urban district, or in any parish not within a borough or urban district, the undertakers have power to take under the enabling Act working men's dwellings occupied by thirty or more persons belonging to the working class, the undertakers shall not enter on any such dwellings in that county, borough, urban district, or parish, until the Local Government Board have either approved of a housing scheme under this schedule or have decided that such a scheme is not necessary. For the purposes of this schedule a house shall be considered a working man's dwelling if wholly or partially occupied by a person belonging to the working classes, and for the purpose of determining whether a house is a working man's dwelling or not, and also for determining the number of persons belonging to the working classes by whom any dwelling-houses are occupied, any occupation on or after the fifteenth day of December next before the passing of the enabling Act, or, in the case of land acquired compulsorily under a general Act without the authority of an order, next before the date of the application to the Local Government Board under this schedule, for their approval of or decision with respect to a housing scheme, shall be taken into consideration. (2) The housing scheme shall make provision for the accommodation of such number of persons of the working class as is, in the opinion of the Local Government Board, taking into account all the circumstances, required, but that number shall not exceed the aggregate number of persons of the working class displaced; and in calculating that number the Local Government Board shall take into consideration not only the persons of the working class who are occupying the working men's dwellings which the undertakers have power to take, but also any persons of the working class who, in the opinion of the Local Government Board, have been displaced within the previous five years in view of the acquisition of land by the undertakers. (3) Provision may be made by the housing scheme for giving undertakers who are a Local Authority, or who have not sufficient powers for the purpose, power for the purpose of the scheme to appropriate land or to acquire land, either by agreement or compulsorily under the authority of a Provisional Order, and for giving any Local Authority power to erect dwellings on land so appropriated or acquired by them, and to sell or dispose of any such dwellings, and to raise money for the purpose of the scheme as for the purposes of Part III. of the principal Act, and for regulating the application of any money arising from the sale or disposal of the dwellings; and any provisions so made shall have effect as if they had been enacted in an Act of Parliament. (4) The housing scheme shall provide that any lands acquired under that scheme shall, for a period of twenty-five years from the date of the scheme, be appropriated for the purpose of dwellings for persons of the working class, except so far as the Local Government Board dispense with that appropriation; and every conveyance, demise, or lease of any such land shall be endorsed with notice of this provision, and the Local Government Board may require the insertion in the scheme of any provisions requiring a certain standard of dwelling-house to be erected under the scheme, or any conditions to be complied with as to the mode in which the dwelling-houses are to be erected. (5) If the Local Government Board do not hold a local inquiry with reference to a housing scheme, they shall, before approving the scheme, send a copy of the draft scheme to every Local Authority, and shall consider any representation made within the time fixed by the Board by any such authority. (6) The Local Government Board may, as a condition of their approval of a housing scheme, require that the new dwellings under the scheme, some part of them, shall be completed and fit for occupation before possession is taken of any working men's dwellings under the enabling Act. or (7) Before approving any scheme the Local Government Board may if they think fit require the undertakers to give such security as the Board consider proper for carrying the scheme into effect. (8) The Local Government Board may hold such inquiries as they think fit for the purpose of their duties under this schedule, and sub-sections one and five of section eighty-seven of the Local Government Act, 1888 (which relate to local inquiries), shall apply for the purpose, and where the undertakers are not a Local Authority shall be applicable as if they were such an authority. (9) If the undertakers enter on any working men's dwelling in contravention of the provisions of this schedule, or of any conditions of approval of the housing scheme made by the Local Government Board, they shall be liable to a penalty not exceeding five hundred pounds in respect of every such dwelling: Any such penalty shall be recoverable by the Local Government Board by action in the High Court, and shall be carried to and form part of the Consolidated Fund. (10) If the undertakers fail to carry out any provision of the housing scheme, the Local Government Board may make such order as they think necessary or proper for the purpose of compelling them to carry out that provision, and any such order may be enforced by mandamus. (11) The Local Government Board may, on the application of the undertakers, modify any housing scheme which has been approved by them under this schedule, and any modifications so made shall take effect as part of the scheme. (12) For the purposes of this schedule (a) The expression means "undertakers" any authority, company, or person who are acquiring land compulsorily or by agreement under local Act or Provisional Order or order having the effect of an Act, or are acquiring land compulsorily under any general Act: any (b) The expression 'enabling Act" means any Act of Parliament or Order under which the land is acquired: (c) The expression "Local Authority" means the council of any administrative county and the district council of any county district, or, in London, the council of any metropolitan borough, in which in any case any houses in respect of which the rehousing scheme is made are situated, or in the case of the city the common council: (d) The expression "dwelling" or "house" means any house or part of a house occupied as a separate dwelling: (e) The expression "working class" includes mechanics, artisans, labourers, and others working for wages; hawkers, costermongers, persons not working for wages, but working at some trade or handicraft without employing others, except members of their own family, and persons other than domestic servants whose income in any case does not exceed an average of thirty shillings a week, and the families of any such persons who may be residing with them. HOUSING, TOWN PLANNING, &c., ACT, 1909. An Act to Amend the Law relating to the Housing of the Working Classes, Housing Code, 8. 3. Part III. of the principal Act to PART I. HOUSING OF THE WORKING CLASSES. Facilities for Acquisition of Lands and Other Purposes of the 1. Part III. of the Housing of the Working Classes Act, 1890 (in this part of this Act referred to as the principal Act), shall, after the commencetake effect with ment of this Act, extend to and take effect in every urban or rural district, or other place for which it has not been adopted, as if it had been so adopted. out adoption. 53 & 54 Vict. c. 70. Housing Code, 8. 49. 2. (1) A Local Authority may be authorised to purchase land compulsorily for the purposes of Part III. of the principal Act, by means of an order submitted to the Local Government Board and confirmed by the land under Part Board in accordance with the First Schedule to this Act. Provisions as to acquisition of III. of the principal Act. 38 & 39 Vict. c. 55. Housing Code, 8. 94. Loans by Public Works Loan Commissioners to local authorities. Amended by 1919, s. 5 (2). (2) The procedure under this section for the compulsory purchase of land shall be substituted for the procedure for the same purpose under section one hundred and seventy-six of the Public Health Act, 1875, as applied by sub-section (1) of section fifty-seven of the principal Act. (3) A Local Authority may, with the consent of and subject to any conditions imposed by the Local Government Board, acquire land by agreement for the purposes of Part III. of the principal Act, notwithstanding that the land is not immediately required for those purposes. 3. Where a loan is made by the Public Works Loan Commissioners to a Local Authority for any purposes of the Housing Acts (a) The loan shall be made at the minimum rate allowed for the time being for loans out of the Local Loans Fund; and (b) If the Local Government Board make a recommendation to that effect, the period for which the loan is made by the Public Works Loan Commissioners may exceed the period allowed under the principal Act or under any other Act limiting the period for (c) As between loans for different periods, the longer duration of the 4.—(1) Where a loan is made by the Public Works Loan Commissioners under section sixty-seven, sub-section (2) (d), of the principal Act, to a public utility society, the words two-thirds shall be substituted for the words one moiety.' Loans by Public Works Loan Commissioners to public utility societies. (2) For the purposes of this section a public utility society means a society registered under the Industrial and Provident Societies Act, 1893, or any amendment thereof, the rules whereof prohibit the payment of any 1919, Sch. IV. interest or dividend at a rate exceeding five pounds per centum per annum. 5.-(1) Any purchase money or compensation payable in pursuance of the Housing Acts by a Local Authority in respect of any lands, estate, or interest of another Local Authority which would, but for this section, be paid into court in manner provided by the Lands Clauses Acts or by para graph (20) of the Second Schedule to the principal Act may, if the Local Government Board consent, instead of being paid into court, be paid and applied as the Board determine. (2) Any such decision of the Board as to the payment and application of any such purchase money or compensation shall be final and conclusive. 6. Any Local Authority in connection with the exercise by them of their powers under Part III. of the principal Act may lay out and construct public streets or roads on any land acquired or appropriated by them for the purpose of that part of that Act, or contribute towards the cost of the laying out and construction of any streets or roads on any such land by other persons on the condition that those streets or roads are to be dedicated to the public. Repealed by See 1919, s. 31. Housing Code, 8. 91. 8. 116. Expenditure of money for housing purposes in case of settled land. 45 & 46 Vict. c. 38. 7.-(1) The following paragraph shall be substituted for paragraph (b) Housing Code, of sub-section (1) of section seventy-four of the principal Act:(b) The improvements on which capital money arising under the Settled Land Act, 1882, may be expended, enumerated in section twentyfive of the said Act and referred to in section thirty of the said Act, shall, in addition to cottages for labourers, farm servants, and artisans, whether employed on the settled land or not, include the provision of dwellings available for the working classes, either by means of building new buildings or by means of the reconstruction, enlargement, or improvement of existing buildings, so as to make them available for the purpose, if that provision of dwellings is, in the opinion of the court, not injurious to the estate or is agreed to by the tenant for life and the trustees of the settlement. (2) The provision by a tenant for life, at his own expense, of dwellings available for the working classes on any settled land shall not be deemed to be an injury to any interest in reversion or remainder in that land; provided that the powers conferred upon a tenant for life by this sub-section shall not be exercised by him without the previous approval in writing of the trustees of the settlement. 8. A Local Authority may accept a donation of land or money or other property for any of the purposes of the Housing Acts, and it shall not be necessary to enrol any assurance with respect to any such property under the Mortmain and Charitable Uses Act, 1888. 9.—(1) If in any case it appears to the Local Government Board that the institution of legal proceedings is requisite or desirable with respect to any property required to be applied under any trusts for the provision of dwellings available for the working classes, or that the expediting of any such legal proceedings is requisite or desirable, the Board may certify the case to the Attorney-General, and the Attorney-General, if he thinks fit, shall institute any legal proceedings or intervene in any legal proceedings Power of Local plaint to enforec powers. See 1909, s. 53 (11). 56 & 57 Viet. c. 73. Power of Local to be carried out See 1909, s. 53 (12). already instituted in such manner as he thinks proper under the circum stances. (2) Before preparing any scheme with reference to property required to be applied under any trusts for the provision of dwellings available for the working classes, the court or body who are responsible for making the scheme shall communicate with the Local Government Board and receive and consider any recommendations made by the Board with reference to the proposed scheme. POWERS OF ENFORCING EXECUTION OF HOUSING ACTS. 10.—(1) Where a complaint is made to the Local Government Board- (b) as respects any county district, not being a rural district, by the (c) as respects the area of any other Local Authority by four inhabitant householders of the area; that the Local Authority have failed to exercise their powers under Part II. or Part III. of the principal Act in cases where those powers ought to have been exercised, the Board may cause a public local inquiry to be held, and if, after holding such an inquiry, the Board are satisfied that there has been such a failure on the part of the Local Authority, the Board may declare the authority to be in default, and may make an order directing that authority, within a time limited by the order, to carry out such works and do such other things as may be mentioned in the order for the purpose of remedying the default. (2) Before deciding that a Local Authority have failed to exercise their powers under Part III. of the principal Act, the Board shall take into consideration the necessity for further accommodation for the housing of the working classes in such district, the probability that the required accommodation will not be otherwise provided, and the other circumstances of the case, and whether, having regard to the liability which will be incurred by the rates, it is prudent for the Local Authority to undertake the provision of such accommodation (3) Where an order originally made under this section on the council of a county district is not complied with by that council, the Local Government Board may, if they think fit, with the consent of the county council, instead of enforcing that order against the council of the county district, make an order directing the county council to carry out any works or do any other things which are mentioned in the original order for the purpose of remedying the default of the district council. (4) Where the Board make an order under this section directing a county council to carry out any works or do any other thing, the order may, for the purpose of enabling the county council to give effect to the order, apply any of the provisions of the Housing Acts or of section sixtythree of the Local Government Act, 1894, with such modifications or adaptations (if any) as appear necessary or expedient. (5) An order made by the Local Government Board under this section shall be laid before both Houses of Parliament as soon as may be after it is made. (6) Any order made by the Local Government Board under this section may be enforced by mandamus. 11. (1) Where it appears to the Local Government Board that a Local Authority have failed to perform their duty under the Housing Acts of carrying out an improvement scheme under Part I. of the principal Act, or have failed to give effect to any order as respects an obstructive building, or to a reconstruction scheme, under Part II. of that Act, or have failed to cause to be made the inspection of their district required by this Act, the Board may make an order requiring the Local Authority to remedy the default and to carry out any works or do any other things which are necessary for the purpose under the Housing Acts within a time fixed by the order. |