Forms. 3 Description of the local authority. †The period to be specified must not exceed that of the interest of the (Keeping landlord in the house, nor in any case five years. § The rate of interest must not exceed five pounds per cent. per annum. Note. By subsection (5) of section 15 of the Housing, Town Planning, &c., Act, 1909, it is provided that any instalments or interest or any part of any instalment or interest under an order of the local authority declaring their expenses to be payable by annual instalments may be recovered from the landlord as a civil debt in manner provided by the Summary Jurisdiction Acts. With respect to appeals, subsection (6) of the same section enacts as follows:: A landlord may appeal to the Local Government Board against any notice requiring him to execute works under this section, and against any demand for the recovery of expenses from him under this section or order made with respect to those expenses under this section by the authority, by giving notice of appeal to the Board within twenty-one days after the notice is received, or the demand or order is made, as the case may be, and no proceedings shall be taken in respect of such notice requiring works, order, or demand whilst the appeal is pending. And section 39 contains the following provisions :— (1.) The procedure on any appeal under this Part [i.e. Part I] (a) the Local Government Board may at any stage of the pro- (b) the rules shall provide that the Local Government Board shall (2.) Any notice, order, or apportionment as respects which an appeal to the Local Government Board is given under this Part of this Act shall not become operative, until either the time within which an appeal can be made under this Part of this Act has elapsed without an appeal being made, or, in case an appeal is made, the appeal is determined or abandoned, and no work shall be done or proceedings taken under any such notice, order, or apportionment, until it becomes operative. (3.) The Local Government Board may, before considering any appeal which may be made to them under this Part of this Act, require the appellant to deposit such sum to cover the costs of the appeal as may be fixed by the rules made by them with reference to appeals. For Rules determining the procedure on any such appeal, see page 608. [Note. The remainder of this order is repealed by S.R. & O., 1919, No. 1424, see page 610.] houses in repair.) Appeat 65,473 (10th October 1919.) STATUTORY RULES AND ORDERS, 1919, No. 1423 THE HOUSING ACTS (APPEAL PROCEDURE) RULES, 1919 MADE BY THE MINISTER OF HEALTH WITH REFERENCE TO PROCEDURE ON APPEALS UNDER SECTION 39 OF THE HOUSING, TOWN PLANNING, &C., ACT, 1909 THE Minister of Health, under the powers conferred on him by section 39 of the Housing, Town Planning, &c., Act, 1909, and all other powers enabling him in that behalf, hereby revokes the rules with reference to appeals made by the Local Government Board on the 11th day of January 1910, and makes the following rules: ARTICLE I-These rules may be cited as "The Housing Acts (Appeal Procedure) Rules, 1919." ARTICLE II—(1) An appeal to the Minister of Health under Part I of the Housing, Town Planning, &c., Act, 1909, shall be made by sending to the Minister a notice of appeal in the form prescribed by the Housing Acts (Form of Orders and Notices) Order, 1919, signed by the appellant or by his duly authorised agent, together with the original notice, order, or demand appealed against or a true copy thereof. (2) The appellant shall notify the local authority forthwith of any appeal to the Minister of Health. (3.) The appellant shall send to the Minister either with his notice of appeal, or within fourteen days thereafter, a concise statement in writing of the facts and contentions on which he relies. (4) The appellant shall deposit with the Minister within fourteen days from the date of his notice of appeal the sum of ten pounds, provided that the Minister may, if he thinks fit, require the deposit of a less sum than ten pounds or may dispense with the deposit. ARTICLE III-The Minister shall, as soon as may be after receipt of the statement aforesaid, send to the local authority a copy of the notice of appeal and of the said statement. ARTICLE IV-The local authority shall, within ten Rules. days after the receipt by them of the said notification, Appeal inform the Minister whether and to what extent they procedure admit the facts stated in the appellant's documents, and shall send to the Minister a concise statement of the facts and contentions on which they rely. ARTICLE V-(1) The Minister may at any stage of the proceedings allow the amendment of any notice, statement, or particulars on such terms as he may think fit. (2) The Minister may at any time require the appellant or the local authority to furnish in writing such further particulars as he may think necessary. ARTICLE VI-The Minister shall not dismiss any appeal without having first held a public local inquiry, unless the appellant has failed to prosecute his appeal with due diligence, in which event the Minister may determine the appeal summarily. ARTICLE VII-The costs of any appeal, including the costs of any public local inquiry held in connection therewith, shall be in the discretion of the Minister, who may direct to and by whom and in what manner those costs or any part thereof shall be paid and may tax or settle the amount of costs to be so paid or any part thereof. ARTICLE VIII-The Minister may, if he thinks fit, and subject to such conditions as he may impose, proceed with the consideration of any appeal notwithstanding any failure or omission by any person to comply with any of the requirements of these rules. Given under the official seal of the Minister of Health, this Tenth day of October, in the year One thousand nine hundred and nineteen. (L.S.) I. G. GIBBON, Assistant Secretary, Ministry of Health. 65,480 (10th October 1919.) STATUTORY RULES AND ORDERS, No. 1424 THE HOUSING ACTS (FORM OF ORDERS AND NOTICES) ORDER, 1919, DATED THE 10TH DAY OF OCTOBER, 1919 MADE BY THE MINISTER OF HEALTH UNDER SECTION 41 OF THE HOUSING, TOWN PLANNING, &C., Act, 1909, PRESCRIBING FORMS OR CERTAIN NOTICES AND OTHER DOCUMENTS THE Minister of Health, under the powers conferred on him by section 41 of the Housing, Town Planning, &c., Act, 1909, and by all other powers enabling him in that behalf hereby makes the following order : ARTICLE I-This order may be cited as "the Housing Acts (Form of Orders and Notices) Order, 1919." ARTICLE II The forms set out in the schedule hereto, or forms substantially to the like effect, shall be the forms to be used in connection with the powers and duties of a local authority under the Housing Acts, 1890 to 1919, in all cases to which those forms are applicable. ARTICLE III-The order of the Local Government Board dated the 11th day of January 1910 (S. R. & O. No. 2, 1910), is hereby revoked except in so far as it prescribed a form or forms for use under section 15 of the Housing, Town Planning, &c., Act, 1909. SCHEDULE FORM NO. 1-Form of notice by person authorised by the local authority or Minister of Health before entry for the purpose of survey and examination, or valuation, under section 36 of the Housing, Town Planning, &c., Act, 1909. FORM NO. 2-Form of notice requiring owner to execute works in the case of a house to which section 28 of the Housing, Town Planning, &c., Act, 1919, applies. FORM NO. 3-Form of notice declaring intention of owner to close for human habitation a house, to which section 28 of the Housing, Town Planning, &c., Act, 1919, applies. FORM NO. 4-Form of order declaring expenses incurred by the local authority in the case of a house to which section 28 of the Housing, Town Planning, &c., Act, 1919, applies, to be payable by monthly or annual instalments. FORM NO. 5-Form of Closing Order. FORM No. 6-Form of Notice of Closing Order. FORM NO. 7-Form of Notice of Appeal against a Closing Order. FORM NO. 8-Form of Notice of Closing Order which has become Operative. Forms. FORM NO. 9-Form of Order Determining Closing Order. FORM NO. 11-Form of Notice of Appeal against Refusal of Local FORM NO. 12-Form of Notice of Time and Place at which the Ques- FORM No. 15-Form of Notice of Appeal against a Demolition Order. FORM NO. 18-Form of Notice of Appeal against an Order for the FORM NO. 19-Form of Order postponing Operation of Order for FORM NO. 20-Form of Order determining Closing and Demolition FORM NO. 1 FORM OF NOTICE BY PERSONS AUTHORISED BY THE LOCAL FOR VALUATION UNDER SECTION 36 OF THE HOUSING, To 1* 3 HOUSING ACTS, 1890 TO 1919 the 2 3 of the house buildings' premises ' TAKE NOTICE that in pursuance of section 36 of the Housing, Town Planning, &c., Act, 1909, I,' being a person duly authorised in writing by the ' intend, on the † at any time between the hours of forenoon and day of 19 in the in the afternoon, to enter the above-mentioned house for the purpose of survey and examination or survey or valuation. Dated this Signature.. day of Description Residence or Place of Business.. |