Further on this subject, see Chapter IV, on the powers and duties of county councils.

PROCEDURE

1. In making a Part I or Part II scheme, it is important that the statutory requirements should be carefully observed in order that no question may arise as to the validity of the proceedings.

The stages in the procedure are summarised below. In connection with this summary, reference should be made to the forms and instructions given on page 580. 2. The representation must be made in writing to the Part I local authority by the medical officer of health of the local authority (in London by that officer or by any medical officer of health in London).

The representation should follow the exact words of section 4 of the Act of 1890, as amended by section 22 of the Act of 1909, so far as the words apply to the particular case, and the medical officer of health should furnish the local authority with sufficient facts to enable the members properly to consider the representation. A form of official representation is given on page 580.

3. The local authority then take the representation into consideration and, if satisfied of the truth of it and of the sufficiency of their resources,' pass a resolution declaring that the area referred to is an unhealthy area and that an improvement scheme ought to be made in respect of it, and giving the necessary directions for the preparation of the scheme.

Any number of areas may be included in one improvement scheme.

4. After passing the resolution the local authority must in due course proceed to make the scheme.

The nature of the provisions which may be inserted in the scheme is indicated on page 584.

1 As previously mentioned, the financial assistance which may be received in respect of improvement schemes should be borne in mind.

schemes.

Part II schemes.

The scheme must be accompanied by maps, particulars and estimates.

5. When the scheme has been duly made under seal, the local authority must forthwith publish an advertisement of it in a newspaper circulating in their district and deposit a copy of the scheme for inspection in or within the vicinity of the area. One advertisement is sufficient. A form of advertisement is given on page 586.

They must also serve a notice on owners or reputed owners, lessees or reputed lessees, and occupiers (except tenants for a month or less period than a month) of any land proposed to be taken compulsorily. The Act contains provision as to the manner in which a notice may be served (sections 7/90, 5/03 and 39/19). Forms of notice are given on pages 587 and 588.

6. When the advertisement has been published and the notices have been served the local authority must present a petition under their seal to the Minister of Health praying that an order may be made confirming the scheme. The petition must state the names of the owners or reputed owners, and lessees or reputed lessees who dissent in respect of the taking of their land (section 8/90). A form of petition is given on page 590.

7. No "official representation" is expressly required in the case of a Part II scheme. But it is desirable that the local authority should have some such representation or report from the medical officer of health before them.

8. The local authority pass a resolution in the terms indicated in section 39 (1) (a) or (b) of the Act of 1890 (see page 184), directing a scheme to be prepared for the improvement of the specified area. A form of resolution is given on page 592.

9. The same course in the making of a scheme should be followed as in the case of a Part I scheme.

10. When the scheme is made notices must be served on every owner, &c., in the same way as in the case of a Part I scheme. No advertisement is necessary (section

39 (2)/90). Forms of notice are given on pages 593 and 595.

11. After the service of the notices, the local authority must apply to the Minister of Health, by a petition under their seal, for an order sanctioning the scheme (section 39 (3)/90). A suggested form of petition is given on page 596.

12. Proceedings after a Scheme has been made. Before Subsequent deciding to confirm or sanction a Part I or Part II scheme, proceedings. the Minister of Health will hold a local inquiry. At this stage the following matters will be considered :the area of the scheme; the delimitation of the unhealthy area; the amount of re-housing to be provided; the manner in which re-housing operations and demolitions are to be co-ordinated; how far re-housing is to be effected within the area of the scheme (and on what part of the area); the accommodation to be provided; what roads and open spaces are to be provided, and where, in the area of the scheme; and the appropriation or disposal of lands not required for re-housing.

of land.

13. Purchase of Land. When a scheme is confirmed Purchase or sanctioned the local authority should proceed as soon as possible to purchase, by agreement or compulsorily, any land which they will require to purchase under the scheme. The powers of compulsory purchase will lapse on the expiration of three years after the confirmation or sanction of the scheme (section 20 and 39 (7)/90).

It will, however, be necessary for the local authority to obtain the consent of the Minister of Health before incurring any expenditure, whether in connection with the acquisition of land, the clearance of the area or any other matter, if the expenditure is to be brought into account in an application for financial assistance from the State.

Before purchasing any land or any interest in land by agreement, whether under section 13 of the Act of 1919 before the scheme is confirmed or after confirmation

Re-housing.

of the scheme, the local authority should obtain a valuation from the District Valuer and should consult the Ministry. The Ministry have arranged with the Board of Inland Revenue that the District Valuers shall be at the service of local authorities for negotiating the purchase of land or of any interest therein; and local authorities will find it to their advantage to avail themselves of this arrangement.

The new provisions as to assessment of compensation on the compulsory purchase of land in an unhealthy area should be borne in mind.

14. When the local authority have ascertained what lands they will have to acquire compulsorily, they should follow the procedure laid down for the purpose by the Ministry.

Before making any application to the Reference Committee under the Acquisition of Land (Assessment of Compensation) Act, 1919, for the appointment of an official arbitrator, the local authority must, in the case of a Part I scheme, cause to be made out maps and schedules of all lands proposed to be taken compulsorily, with the names of all persons interested in such lands as owners or reputed owners, lessees or reputed lessees, or occupiers (except tenants for a month or a less period than a month). The maps should be on the scale of 500, or on a scale approximating to this, and should show, by figures referring to the schedules, the lands of all the several owners and, by distinctive colours, each of the separate properties proposed to be taken compulsorily for the purposes of the improvement scheme.

One copy of the maps and schedules should be sent to the Ministry of Health, and one copy deposited in the office of the local authority. (Second schedule /90 and section 39/19.)

15. Re-housing. The displacement of tenants from occupied buildings in the area of the scheme must, of

course, be deferred until any necessary accommodation is available. The scheme as confirmed often provides for the re-housing and clearance to be carried out in sections.

Where re-housing accommodation is to be provided on a site outside the area of the improvement scheme, the procedure in regard to the selection of sites, submission of plans, &c., for Part III schemes set out in the Manual on State-aided Housing Schemes should be followed.

16. Loans. Application to the Minister of Health for Loans. sanction to loans may be made from time to time when the local authority are in a position to supply a statement showing how the sums required to be borrowed are made up.

A Metropolitan Borough Council carrying out a Part II scheme should apply to the London County Council for sanction to any loan required by them.

Some proposals have recently been brought before Purchase of the Ministry where the local authority have contem- unfit houses. plated the purchase under their Part III powers of houses in areas which should apparently be dealt with as "unhealthy" under Part I or Part II of the Act of 1890. If an area is "unhealthy," within the meaning of the Housing Acts, it is the duty of the local authority to deal with it as such; and the Ministry would not be justified in approving the purchase, under Part III of houses in such an area. To do so would be to throw away the advantages of the special powers granted by Parliament for the acquisition of slum areas, and to cast an unnecessarily heavy charge on the Exchequer.

District Valuers. Arrangements have been made with the Inland Revenue, by which the services of their district valuers will be available to local authorities in cases such as these mentioned, in the same manner as in the purchase of sites for the houses. Before approving of any purchase, the Ministry will require to know the