The owner may appeal to a court of summary jurisdiction against the refusal of a certificate by the local authority, and the court may make an order authorising the occupation of the house. Any owner who contravenes the section is liable to a penalty not exceeding ten pounds. 11-CELLAR DWELLINGS AND UNDERGROUND ROOMS (Sections 71-75, Public Health Act, 1875.) The provisions in force outside London are to the following effect : It is not lawful to let or occupy or suffer to be occupied separately as a dwelling, any cellar, vault or underground room built or rebuilt since the 31st August 1848, or which was not so let or occupied before that date. It is not lawful to let or occupy or suffer to be occupied separately as a dwelling any cellar whatsoever (a) unless it is at least seven feet in height, and is to the extent of at least three feet of its height above the surface of the street or ground adjoining or nearest to it, and fronts on an area which complies with certain specified conditions; and (b) unless it is effectually drained and is provided with sufficient closet accommodation, and an ashpit, and with a fireplace and an external window made to open. Any cellar in which any person passes the night is to be deemed to be occupied as a dwelling. (Sections 96-98, Public Health (London) Act, 1891.) In London an underground room (that is, a room of which the floor is more than three feet below the level of the adjoining street or ground) may not be let or occupied separately as a dwelling unless it is at least seven feet in height, and unless at least three feet of its height are above ground level (but where the width of the area on which the room fronts is equal to the height of the room from the floor to ground level a height of one foot above ground suffices). The walls of the underground room must have a damp-proof course, and the floor, if hollow, must be ventilated. The room must front on a paved and drained area at least four feet wide, must be provided with proper closet accommodation, a receptacle for refuse, a fire-place and one or more windows opening externally, and must be properly drained and ventilated. In the case of an underground room which was occupied separately as a dwelling before 5th August 1891, the sanitary authority have a limited power of dispensing with these requirements, and the owner may appeal to the Minister of Health against a refusal on their part to exercise it. Where two convictions against the provisions of any Act relating to the occupation of a cellar as a separate dwelling place have taken place within three months, a court of summary jurisdiction may direct the closing of the premises. (See also sections 17 (7) of the Housing, Town Planning, &c., Act, 1909, and 39 of the Housing, Town Planning, &c., Act, 1919.) 12-DEFINITIONS OF "OWNER " 66 1. For the purposes of Part II of the Housing of the Working Classes Act, 1890, generally, owner is defined by section 49 (2) of the Housing, Town Planning, &c., Act, 1909 (see page 333). 2. For the purposes of sections 26 and 28 of the Housing, Town Planning, &c., Act, 1919, the definition of "owner,' contained in section 4 of the Public Health Act, 1875, is applicable (see page 423). CHAPTER IV THE POWERS AND DUTIES OF COUNTY COUNCILS THE direct housing powers and duties of county councils (excepting the London County Council) arise under section 8 of the Housing, Town Planning, &c., Act, 1919 (housing of their employees), and section 12 of the Land Settlement (Facilities) Act, 1919, and the Acts amended by that Act (housing for small holders and for ex-soldiers settling on the land). This latter legislation is beyond the scope of this volume, though extracts from the Land Settlement (Facilities) Act, 1919, are printed on page 85. The indirect housing powers are mainly those arising under sections 3-6 of the Housing, Town Planning, &c., Act, 1919. They are indirect in that they have to be, almost wholly, transferred specially by order of the Minister of Health, and chiefly where the local authority is in default. There are, however, several other powers arising under the Housing Acts which, if they have not a great deal to do with the provision of houses, are, nevertheless, of importance. The whole of the references in the Acts will be taken in order. By section 45 of the 1890 Act, the London County Copies of representaCouncil as regards a Metropolitan area, and other county tions, &c. councils as regards rural districts, are entitled to copies of representations and complaints about unhealthy dwelling houses, to copies of closing orders and to particulars respecting any proceedings thereunder taken by the district authority. And where the county council are Report to local authority by county medical officer. Local authority's default1909 Act. "obstructive of opinion that closing, demolition or Section 69 of the 1909 Act requires the clerk of the rural district council to forward copies of the above representations to the county medical officer of health; requires the district medical officer of health to give to the county medical officer information reasonably required; and provides that the Minister of Health shall settle any disputes arising under that section. By section 52 of the 1890 Act, a representation from a county medical officer of health submitted to the county council and by that council forwarded to the district council shall, for the purposes of Part II, have the like effect as a representation from the district medical officer of health. Such representations precede closing and demolition orders and improvement schemes, and are aimed at unhealthy and obstructive houses and buildings (see sections 30 and 38 of the 1890 Act and section 17 of the 1909 Act). This provision does not apply to boroughs. By section 10 of the 1909 Act, if the Minister of Health, following complaint, is satisfied that a rural district council, or the council of a non-county borough, or other urban district, have failed to exercise their powers under Part II (unhealthy dwelling houses) or Part III (provision of houses) he may make an order against that authority. And where such an order is made and is not complied with, the Minister may, with the consent of the county council, direct the county council to carry out the necessary works: see also section 5 of the 1919 Act. transferred. By section 12 of the 1909 Act, where complaint is Powers made to the county council in the manner specified, the county council may cause a public local inquiry to be held, and if satisfied that the rural district council has failed to exercise their Part III (housing) powers may take over those powers or any of them. By section 13 of that Act a county council may, in the circumstances specified, have the Part III (housing) powers of a rural district council transferred to them by the Minister of Health, though the rural district council is not in default: see also section 3 of the 1919 Act. Section 56 is altered as explained in a note on section 42 of the 1919 Act, see below. medical Section 68 of the 1909 Act provides that every county County council shall appoint a (full-time) medical officer of health, officers of and gives powers for the Local Government Board (now health. the Minister of Health) to prescribe his duties. Such duties are prescribed in the County Medical Officers of Health (Duties) Order, 1910, which is printed on page 74. Section 69 of the 1909 Act (which deals with the clerk of the rural district council forwarding copies of representations, &c., to the county medical officer) is referred to on page 68. Section 70 thereof excepts Scotland and (excluding one small point) the Administrative County of London from the provisions relating to county medical officers of health. Section 71 requires every county council (except the London County Council) to establish a public health and housing committee, to which health and housing matters shall stand referred, and to which the council may delegate its public health and housing powers (except the power of raising a rate or borrowing money, and any power of resolving that the powers of a district council in default should be transferred to the council). Section 3 of the 1919 Act gives the Minister of Health power to authorise county councils to act in the place of local authorities in respect of Part III schemes (provision The powers councils under the 1919 Act. |