Saving for statutory purchases of statutory undertakings. Application to 1 & 2 Geo. 5, c. 49. 8 Edw. 7, c. 64. 48 & 49 Vict. c. 77. Short title, commencement and interpreta tion. 10.-(1) The provisions of this Act shall not apply to any purchase of the whole or any part of any statutory undertaking under any statutory provisions in that behalf prescribing the terms on which the purchase is to be effected. (2) For the purposes of this section, the expression "statutory undertaking means an undertaking established by Act of Parliament or order having the force of an Act, and the expression statutory provisions" includes the provisions of an order having the force of an Act. 11.-(1) This Act shall apply to Scotland subject to the following modifications: (a) The provisions of this Act other than the provisions of the section thereof relating to rules for the assessment of compensation shall apply to the determination of any question which, under subsection (11) of section seven or section seventeen of the Small Landholders (Scotland) Act, 1911, is referred to arbitration, as if the Board of Agriculture for Scotland were the acquiring authority, and as if in the said sub-section (11) there were substituted for the Lord Ordinary on the Bills and the Lord Ordinary, except where the Lord Ordinary is therein last referred to, such person as may be prescribed by rules made by the Reference Committee for Scotland; and the provisions of that Act, including the Second Schedule to the Agricultural Holdings (Scotland) Act, 1908, as thereby applied, shall in relation to such determination have effect subject to the aforesaid provisions of this Act: (b) High Court" means either division of the Court of Session; "arbitrator" means arbiter, and " easement means servitude. (2) This Act shall apply to Ireland subject to the following modification: : Nothing in this Act shall affect the determination of the price or compensation to be paid on the compulsory acquisition of land by the Irish Land Commission or Congested Districts Board for Ireland under any statute or the special provisions contained in the Labourers (Ireland) Act, 1885, and the enactments amending_the same, with respect to the jurisdiction of the Irish Land Commission in cases where land is taken compulsorily under those provisions for a term of years. 12. (1) This Act may be cited as the Acquisition of Land (Assessment of Compensation) Act, 1919, and shall come into operation on the first day of September nineteen hundred and nineteen, but shall not apply to the determination of any question where before that date the appointment of an arbitration, valuation, or other tribunal to determine the question has been completed, or a jury has been empanelled for the purpose. (2) For the purposes of this Act, the expression "land" includes water and any interests in land or water and any easement or right in, to, or over land or water, and "public authority" means any body of persons, not trading for profit, authorised by or under any Act to carry on a railway, canal, dock, water or other public undertaking. HOUSING, TOWN PLANNING, &c. (SCOTLAND) ACT, 1919. [9 & 10 GEO. 5, CH. 60.] CHAPTER 60. An Act to Amend the enactments relating to Housing, Town Planning, and the acquisition of Small Dwellings in Scotland. [19th August, 1919.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: PART I. HOUSING OF THE WORKING CLASSES Schemes under Part III. of Act of 1890. 1.-(1) It shall be the duty of every Local Authority within the mean ing of Part III. of the Housing of the Working Classes Act, 1890 (in this Act referred to as the principal Act), to consider the needs of their district with respect to the provision of houses for the working classes, and within three months after the passing of this Ac, and thereafter as often as occasion arises, to prepare and submit to the Scottish Board of Health (in this Act referred to as the Board) a scheme for the exercise of their powers under the said Part III. (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 scheme shall be prepared by the Local Authorities jointly, and may provide for joint action being taken by those Local Authorities, and for the apportionment 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 the passing of this Act been submitted to the Board by a Local Authority, and those proposals have been approved by the Board either before or after the passing of this Act, the proposals shall be treated, for any of the purposes of this section, as if they were a scheme submitted under this section. 2. It shall be the duty of a Local Authority on which obligations are imposed by any scheme approved under the foregoing section of this Act 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. Power of Board to act in place of Local Authorities. 3.-(1) Where the Board are of opinion that a Local Authority have failed, or, in cases where a joint scheme has been or, in the opinion of the Board, ought to be prepared, the Local Authorities concerned have failed to fulfil their duty as to the preparation of schemes under the foregoing provisions of this Act or their obligations under any such scheme, the Board may cause a public local inquiry to be held by a person appointed by the Board, not being a member of the Board or in their employment, and, if after the inquiry the Board are satisfied that there has been such a failure on the part of the Local Authority or authorities concerned, the Board may themselves prepare and carry into execution a scheme, or take such steps as may be necessary to carry into execution any scheme prepared by the Local Authority or by two or more Local Authorities jointly, and shall for that purpose have all the powers of a Local Authority under the Housing Acts, and those Acts shall, with the necessary modifications and adaptations, apply accordingly. (2) Any expenses incurred by the Board in the exercise of such powers as aforesaid shall, in the first instance, be paid out of moneys provided by Parliament, but the amount certified by the Board to have been so expended, and to be properly payable by a Local Authority, shall on demand be paid to the Board by the Local Authority and shall be recoverable as a debt due to the Crown, and the payment of the sum so payable to the Board shall be a purpose for which the Local Authority may borrow under Part III. of the principal Act. 4. Without prejudice to any other powers for enforcing the provisions of the Housing Acts, where the Board are satisfied that any area within the district of a Local Authority is an area in respect of which the Local Authority ought to exercise their powers under Part I. or Part II. of the principal Act, the Board may by order require the Local Authority to make a scheme for the improvement of that area either under Part I. or under Part II. of that Act, and to do all things necessary under the Housing Acts for carrying into execution the scheme so made, and, if the Local Authority fail within such time as may be prescribed by the order to make a scheme to the satisfaction of the Board, and to carry the scheme into execution, the Board may themselves make and take such steps as may be necessary to carry out a scheme, and the provisions of the foregoing section of this Act in regard to the powers of the Board and to expenses incurred by the Board in the exercise thereof shall apply. Financial Provisions. 5.-(1) If it appears to the Board that the carrying out by a Local Authority of any scheme approved under section one of this Act, or the carrying out of a rehousing scheme in connection with a scheme made under Part I. or Part II. of the principal Act, including the acquisition, clearance, and development of land included in the last-mentioned scheme, and whether the rehousing will be effected on the area included in that scheme or elsewhere, or the carrying out of any scheme approved by the Board for the provision of houses for persons in the employment of or paid by a county council, has resulted or is likely to result in a loss, the Board shall, if the scheme is carried out within such period after the passing of this Act as may be specified by the Board with the consent of the Treasury, pay or undertake to pay to the Local Authority or county council, as the case may be, out of moneys provided by Parliament, such part of the loss as may be determined to be so payable by regulations made by the Board, with the approval of the Treasury, subject to such conditions as may be prescribed by those regulations. Such regulations shall provide that the amount of any annual payment to be made under this section shall(a) in the case of a scheme carried out by a Local Authority, be determined on the basis of the estimated annual loss resulting from the carrying out of any scheme or schemes to which this section applies, subject to the deduction therefrom of a sum not (b) in the case of a scheme for the provision of houses for persons in Provided that the regulations shall include provisions (i) for the reduction of the amount of the annual payment in the event of a failure on the part of the Local Authority or county council to secure due economy in the carrying out and administration of a scheme, to charge sufficient rents, or otherwise to comply with the conditions prescribed in the regulations: (ii) for the determination of the manner in which the produce of a rate of four-fifths of one penny in the pound shall be estimated; and (iii) for any adjustment which may be necessary in consequence of any difference between the estimated annual produce and the actual produce of the said rate of four-fifths of one penny in the pound : Provided further, that every regulation so made shall be laid before both Houses of Parliament as soon as may be after it is made, and, if an address is presented by either House within twenty-one days from the date on which that House has sat next after any such regulation is laid before it praying that the regulation may be annuiled, His Majesty in Council may annul the regulation, but without prejudice to the validity of anything previously done thereunder. (2) Where a loan is made by the Public Works Loan Commissioners for the purposes of a scheme towards the losses on which the Board is liable to contribute under this section, the loan shall, notwithstanding anything in section three of the Housing, Town Planning, &c., Act, 1909, be 9 Edw. 7, c. 44. made on such terms and conditions as the Treasury may prescribe. This sub-section shall be deemed to have had effect as from the first day of April, nineteen hundred and nineteen, as respects any proposals made by a Local Authority and approved by the Board before the passing of this Act as respects which the Board may have signified their intention to direct that they shall be treated as a scheme for the purposes of this section. 6.-(1) Where money is borrowed by a county council for the purpose of the provision of houses for persons in the employment of or paid by the county council or a district committee, or of acquiring land for such houses, the maximum period for repayment shall be eighty years, and as respects money so borrowed eighty years shall be substituted for thirty years in sub-section (2) of section sixty-seven of the Local Government (Scotland) Act, 1889. Housing Code, 8. 66. Borrowing county councils of employees. 52 & 53 Vict. (2) Where a loan is made by the Public Works Loan Commissioners to c. 50. a county council for the purpose aforesaid, it shall be made on the same terms and conditions as a loan to a Local Authority for the purposes of the Housing Acts. 7. This Act shall apply for the purpose of the provision of houses for persons in the employment of or paid by a district board of control under the Lunacy (Scotland) Acts, 1857 to 1913, as it applies for the purpose of the like provision for persons in the employment of or paid by a county council. Provisions as to the Acquisition and Disposition of Land, &c. 8.-(1) Where land included in any scheme made under Part I. or Part II. of the principal Act (other than land included in such scheme only for the purpose of making the scheme efficient and not on account of the sanitary condition of the premises thereon or of those premises being dangerous or prejudicial to health) is acquired compulsorily, the compensation to be paid for the land, including any premises thereon which are in an insanitary condition or are dangerous or prejudicial to health as afore Housing Code, 8. 66. Houses for district boards employees of of control. Housing Code. 8. 51. Power of entry on land compul sorily acquired. said, shall be the value at the time when the valuation is made of the land as a site cleared of buildings and available for development in accordance with the building regulations for the time being in force in the district: Provided that, if in the opinion of the Board it is necessary that provision should be made by the scheme for the rehousing of persons of the working classes on the land or part thereof when cleared, or that the land, or part thereof, when cleared should be laid out as an open space, the compensation payable to all persons interested in any land included in the scheme (other than as aforesaid), including any premises thereon which are in an insanitary condition or are dangerous or prejudicial to health as aforesaid, for their respective interests in such land or premises, shall be reduced by an amount ascertained in accordance with the rules set forth in the First Schedule to this Act. (2) The provisions of sections twenty-one and forty-one of the principal Act shall cease to apply as respects lands to which the provisions of this section apply in so far as such first-mentioned provisions are inconsistent or in conflict with the provisions of this section. 9. Where an order authorising a Local Authority to purchase land compulsorily for the purpose of Part III. of the principal Act has been made and confirmed under the provisions of Part I. of the Housing, Town Planning, &c., Act, 1909, then, at any time after notice to treat has been served, the Local Authority may, after giving not less than fourteen days' notice to the owner and occupier of the land, enter on and take possession of the land or such part thereof as is specified in the notice without previous consent or compliance with sections eighty-three to eighty-eight of the 8 & 9 Vict. c. 19. Lands Clauses Consolidation (Scotland) Act, 1845, but subject to the payment of the like compensation for the land of which possession is taken and interest on the compensation awarded as would have been payable if those sections had been complied with. Housing Code, 8. 50 Amendment of procedure for compulsory acquisition of land. Housing Code, 8. 52. Additional powers as to acquisition of land and houses. 10.-(1) Where the confirming of an order made under the First Schedule to the Housing, Town Planning, &c., Act, 1909, is opposed, the Board shall, before confirming the order, and subject to the provisions of the next succeeding sub-section, duly consider the report of the person by whom, under paragraph (6) of that schedule, a public inquiry is held, and the Board shall not confirm any order for the compulsory acquisition of land under that schedule, even when the order is unopposed, if they are of opinion that the land is unsuited for the purpose for which it is proposed to be acquired. (2) Notwithstanding the provisions of paragraph (6) of the First Schedule to the Housing, Town Planning, &c., Act, 1909, any order for the compulsory acquisition of land which is duly submitted after the date of the passing of this Act, and before the expiration of two years from that date, by a Local Authority under the provisions of Part I. of the Housing, Town Planning, &c., Act, 1909, may be confirmed by the Board without a public inquiry. (3) The amendments to the said schedule effected by this Act shall apply to that schedule as originally enacted, but not as applied by any other enactment. 11. (1) The powers of a Local Authority to acquire land for the purposes of Part III. of the principal Act shall be deemed to include power(a) to acquire any houses or other buildings on the land proposed to be acquired as a site for the erection of houses for the working classes; and (b) to acquire any right or interest in any houses which might be made suitable as houses for the working classes, together with any lands occupied, or which may be occupied, with such houses; and the Local Authority shall have power to alter, enlarge, repair, and improve any such houses or buildings so as to render them in all respects fit for habitation as houses for the working classes. (2) The purposes for which land may be acquired under Part III. of the principal Act shall be deemed to include (i) the selling, leasing or feuing of the land by the Local Authority under the powers conferred by this Act, with a view to the erection thereon of houses for the working classes by persons other than the Local Authority; and |