LAW AND PRACTICE WITH REGARD TO HOUSING IN ENGLAND AND WALES CHAPTER I INTRODUCTION THE legislation relating to housing is voluminous and almost chaotic. Besides the Housing Acts, 1890 to 1919, as defined by section 40 of the Housing, Town Planning, &c., Act, 1919, there are seven Acts printed or referred to in this volume which closely affect housing (see the table of contents), and there are references therein to many other Acts which deal with aspects of the problem or some of the questions arising out of it. This voluminous legislation will perhaps appal the layman, but, though there is ample need for the promised consolidation, the legislation is not quite so difficult as it would appear. It falls readily under certain headings, and, once these are grasped, the subject is much clearer. These headings are :— Unhealthy Areas (Part I) Unhealthy Dwelling Houses (Part II) Housing of the Working Classes (Part III) The principal housing Act (1890) is divided into Parts I, II, III . . . and these terms are in common use, often as abbreviations, e.g. "a Part III scheme." Parts I and II are dealt with fully in Chapter III, and Part III in Chapter II; and it is not necessary to refer A difficult problemprevious attempted solutions. further to them here than to say that while the provision of houses (Part III) is the problem of the moment, the removal of unhealthy housing conditions (Parts I and II) was the problem for many years previously, and may be the problem for many years after the present shortage of houses disappears, though the provision of new houses of the type approved under the Housing, Town Planning, &c., Act, 1919, should materially lessen the future difficulties as it is designed to do. Town planning is dealt with in Chapter V. THE LEGISLATION BRIEFLY REVIEWED The Housing of the Working Classes Act, 1890 (the principal Act) is the first of the present Housing Acts. It repealed the following Acts : 30 & 31 Vict. c. 28 The Dwelling Houses (Scotland) The Labouring Classes Dwelling Houses Act, 1866 The Labouring Classes Lodging The whole Act The whole Act The Labouring Classes Dwelling The whole Act 31 & 32 Vict. c. 130 The Artizans and Labourers The whole Act 1890 to 1919. Its chief purpose was the removal of unhealthy housing Legislation, conditions (Parts I and II). Its Part III powers were adoptive only. By the 1909 Act they took effect without adoption; and by the 1919 Act the powers became duties. In 1894 there was a short Act dealing with the borrowing powers under a reconstruction scheme (Part II). In 1900 there was another short Act, only four sections of which now remain in force. These are: Exercise of powers outside district; Provisions as to Metropolitan Borough Councils; Accounts, and Short Title. In 1903 there was a longer Act dealing with general Amendments, Amendments as to Schemes, Amendments as to Closing Orders, Demolition, and the like. The 1909 Act was, and is, of considerable importance. The problem of providing houses was emerging, and, as stated, Part III of the principal Act was to take effect without adoption. Powers of enforcing the Acts were extended and there were drastic amendments with regard to Closing and Demolition Orders. Amendments were also made with regard to Parts I and II schemes, and to financial matters. But the matter perhaps of most importance was the introduction of town-planning provisions, which provisions are still largely in force. The 1919 and 1920 Acts. In 1914, following the outbreak of war, two war Acts (the Housing Act, 1914 and the Housing (No. 2) Act, 1914) were passed. In 1919 four Acts were passed affecting housing : The Housing, Town Planning Act, 1919. The Acquisition of Land (Assessment of Compen- The first, which is the only one included in " the Housing Acts, 1890 to 1919," is of great importance. It effects considerable amendments in previous Acts and largely provides the machinery for the present housing campaign. It is discussed fully in this volume, and is referred to as "the 1919 Act." The Housing (Additional Powers) Act, 1919 made provision for a subsidy to private builders who erected houses during 1920; for the prohibition of luxury building; for the issue of housing bonds and for minor matters. It is discussed in Chapter VII, and remarks on its proposed extension are also made in the preface. The Land Settlement (Facilities) Act, 1919, deals with the powers of county councils (see Chapter IV) in connection with the settlement of soldiers on the land and the provision of the necessary houses. On the whole, however, it is outside the scope of the present volume, and short extracts only are given on page 85. The Acquisition of Land (Assessment of Compensation) Act, 1919, deals (inter alia) with the machinery for the assessment of compensation for land taken compulsorily for the purposes of the housing Acts. It is printed in full on page 495. The Unemployment (Relief Works) Act, 1920, with the object of finding immediate work for the unemployed, enables local authorities and the appropriate Government department to acquire land compulsorily for the con |