Page images
PDF
EPUB

HOUSING, TOWN PLANNING, &c., ACT, 1909

[9 EDW. 7. CH. 44.]

ARRANGEMENT OF SECTIONS

PART I.-HOUSING OF THE WORKING CLASSES

Facilities for Acquisition of Lands and other Purposes of the Housing Acts § 1. Part III of the principal Act to take effect without adoption -2. Provisions as to acquisition of land under Part III of the principal Act-3. Loans by Public Works Loan Commissioners to local authorities-4. Loans by Public Works Loan Commissioners to public utility societies-5. Payment of purchase or compensation money (which would otherwise be paid into court) on direction of Local Government Board-6. Provision of public streets in connexion with exercise of powers under Part III of the principal Act-7. Expenditure of money for housing purposes in case of settled land. 8. Donations for housing purposes-9. Provisions with respect to money applicable under trusts for housing purposes.-Powers of enforcing Execution of Housing Acts 10. Power of Local Government Board on complaint to enforce exercise of powers-11. Power of Local Government Board to order schemes, &c., to be carried out within a limited time-12. Powers of county council to act in default of rural district council under Part III of the principal Act—13. Power of county council to exercise powers of rural district council under Part III of the principal Act— Contracts by Landlord 14. Extension of section 75 of the principal Act-15. Condition as to keeping houses let to persons of the working classes in repair-16. Extension of power of making byelaws with respect to lodging-houses for the working classes.-Amendment of Procedure for Closing Orders and Demolition Orders: 17. Duty of local authority as to closing of dwelling-house unfit for human habitation-18. Order for demolition-19. Power to redeem annuities charged by charging order under section 36 of the principal Act20. Provision as to priority of charges under section 37 of the principal Act-21. Restriction on power of court of summary jurisdiction to extend time.-Amendments with respect to Improvement and Reconstruction Schemes: 22. Amendment of section 4 of the principal Act as to official representation-23. Amendment of the principal Act as to contents of schemes-24. Amendment of 3 Edw. 7. c. 39. s. 5.— 25. Modification of schemes-26. Inquiries by Local Government Board inspectors as to unhealthy areas-27. Amendment as to the vesting of water pipes, &c.-28. Amendment of section 38 of the

principal Act as to distribution of compensation money and as to betterment charges-29. Explanation of sections 21 (2) and 41 (3) of the principal Act.-Amendments with respect to Financial Matters: 30. Amendment as to application of money borrowed for the purpose of the Dwelling-house Improvement Fund-31. Expenses of rural district council under Part III of the principal Act-32. Application of proceeds of land sold under Part III of the principal Act-33. Mode in which contributions by London borough councils to the county council or vice versâ may be made-34. Exemption from section 133 of 8 & 9 Vict. c. 18—35. Exemption of lodging-houses for the working classes from Inhabited House Duty.-General Amendments: 36. Power of entry-37. Power of Local Government Board to obtain a report on any crowded area-38. Joint action by local authorities-39. Appeals to Local Government Board-40. Sale and disposal of dwellings— 41. Power to prescribe forms and to dispense with advertisements and notices-42. Provision as to publication in London Gazette43. Prohibition of back-to-back houses-44. Power to Local Government Board to revoke unreasonable byelaws-45. Saving of sites of ancient monuments, &c.-46. Minor amendments of Housing Acts.— Definitions: 47. Provisions of this Part to be deemed to be part of the appropriate Part of the principal Act-48. Amendment of definitions in Part I of the principal Act-49. Amendment of definitions for purpose of Part II of the principal Act-50. Definition of cottage51. Definition of Housing Acts.-Application of Part I to Scotland: 52. Extension of 63 & 64 Vict. c. 59 and 3 Edw. 7. c. 39 to Scotland -53. Application of Housing Acts to Scotland.

PART II.-TOWN PLANNING

§ 54. Preparation and approval of town planning scheme-55. Contents of town planning schemes-56. Procedure regulations of the Local Government Board-57. Power to enforce scheme-58. Compensation in respect of property injuriously affected by scheme, &c.—59. Exclusion or limitation of compensation in certain cases— 60. Acquisition by local authorities of land comprised in a scheme— 61. Powers of Local Government Board in case of default of local authority to make or execute town planning scheme-62. Determination of matters by Local Government Board-63. Inquiries by Local Government Board-64. Laying general provisions before Parliament-65. Definition of local authority, and expenses-66. Application to London-67. Application of Part II to Scotland.

PART III.-COUNTY MEDICAL OFFICERS, COUNTY PUBLIC HEALTH AND HOUSING COMMITTEE, &C.

§ 68. Appointment, duties and tenure of office of county medical officers-69. Duty of clerk and medical officer of health of district council to furnish information to medical officer of health of county council-70. Extent of Part III-71. Public health and housing committee of county councils-72. Formation and extension of building societies.

PART IV.-SUPPLEMENTAL

§ 73. Provisions as to commons and open spaces-74. Provisions as to land in neighbourhood of royal palaces or parks-75. Repeal76. Short title and extent.

SCHEDULES.

An Act to amend the Law relating to the Housing of the
Working Classes, to provide for the making of Town
Planning schemes, and to make further provision
with respect to the appointment and duties of County
Medical Officers of Health, and to provide for the
establishment of Public Health and Housing Committees
of County Councils.
[3rd December 1909.]

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

Facilities for Acquisition of Lands and other Purposes of the Housing Acts

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 commencement 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.

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 Board in accordance with the First Schedule to this Act.

Part III of the principal Act to take

effect

without

adoption. c. 70.

53 & 54 Vict.

Provisions as to acquisition

of land under the principal

Part III of

Act.

8. 2 (09).

(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

38 & 39 Vict. and seventy-six of the Public Health Act, 1875, as

c. 55.

Loans by

Public

applied by subsection (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.

For additional powers-see section 12 of the 1919 Act.

See section 57 of the 1890 Act, and notes thereto, on the question of the acquisition of land.

It will be noticed that subsections (1) and (2) above relate to compulsory acquisition, while subsection (3) relates to acquisition by agreement.

The assessment of compensation for land compulsorily acquired is made under the Acquisition of Land (Assessment of Compensation) Act, 1919 (page 495).

3. Where a loan is made by the Public Works Loan Works Loan Commissioners to a local authority for any purposes of the Housing Acts

Commis

sioners to local authorities.

(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 which the loan may be made, but the period shall not exceed the period

recommended by the Local Government Board, s. 3 (09).
nor in any case eighty years; and

(c) As between loans for different periods, the longer
duration of the loan shall not be taken as a

reason for fixing a higher rate of interest.

But see now section 7 (4) of the 1919 Act.

See also section 25 (5) of the 1890 Act, and section 1 of the 1903 Act. By the Public Works Loans Act, 1920, temporary loans can be secured up to 30th September 1921 (see page 487).

Public

4. (1.) Where a loan is made by the Public Works Loans by Loan Commissioners under section sixty-seven, sub- Works Loan section (2) (d), of the principal Act, to a public utility society, the words "two thirds" shall be substituted to public

for the words "one moiety."

Commis

sioners

utility societies.

56 & 57 Vict.

(2.) Repealed by the Housing, Town Planning, &c., Act, c. 39. 1919, section 50, and 5th schedule.

See also section 20 of the 1919 Act.

tion money (which

wise be

5. (1.) Any purchase money or compensation payable Payment of purchase or in pursuance of the Housing Acts by a local authority compensain respect of any lands, estate, or interest of another local authority which would, but for this section, be paid into cour in manner provided by the Lands Clauses Acts or by paragraph (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.

The effect of this is that the expense in the payment into and out of court can thus be avoided. It applies

would otherpaid into direction Government

court) on

of Local

Board.

« EelmineJätka »