CHAPTER XII.-APPLICATION OF TOWN PLANNING ACTS TO SCOTLAND.

REFERENCE is here made to the statutory provisions relating to town planning which apply to Scotland both for the convenience of the readers of this work who are concerned with the laws of that country and for the advantage of English readers who will the more easily be enabled to appreciate the effect of any decisions with regard to town planning legislation which may arise in the Scottish Courts.

Part II. of the Housing, Town Planning, etc. Act, 1909, applies to Scotland subject to the modifications set out in s. 67 of the Act (see p. 160). The Housing, Town Planning, etc. Act, 1919, does not extend to Scotland (see s. 51, p. 172); but Part II. of the Housing, Town Planning, etc. (Scotland) Act, 1919, contains provisions of a similar character to those contained in Part II. of the English Act. The Housing, etc. Act, 1923, is applied to Scotland with suitable modifications (s. 23). Part II. of the Housing, Town Planning, etc. Act, 1909 (as applied to Scotland), Part II. of the Housing, Town Planning, etc. (Scotland), Act, 1919, and Part II. of the Housing, etc. Act, 1923, as applied to Scotland are cited as the Town Planning, etc. (Scotland) Acts, 1909 to 1923.

The only modification contained in s. 67 of the Housing, Town Planning, etc. Act, 1909, which appears to introduce a substantial variation in the provisions of Part II. of that Act as they relate to England, is to be found in sub-s. (6) of s. 67. Sub-section (6) contains a modification as regards s. 61 (see p. 58). That section empowers the Local Government Board (now the Minister of Health) to order, in case of default, a local authority to prepare or adopt a scheme, or to consent to modi

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fications in a scheme, or a responsible authority to enforce the observance of a scheme or execute works thereunder, as the case may be. The Scottish Board of Health may not themselves make an order under s. 61 on any authority, but in lieu thereof, s. 67 (6) enacted that "it shall be lawful for the Board, after holding a local inquiry at which the authority shall have had an opportunity of being heard, and with the approval of the Lord Advocate, to apply for such an order by summary petition to either Division of the Court of Session, or during vacation or recess to the Lord Ordinary on the Bills, which Division or Lord Ordinary are hereby authorised and directed to do therein and to dispose of the expenses of the proceedings as to the said Division or Lord Ordinary shall appear to be just." This variation between English and Scottish procedure is not perhaps now of so much consequence, since s. 33 of the Housing, Town Planning, etc. (Scotland) Act, 1919 (which corresponds to s. 47 of the Housing, Town Planning, etc. Act, 1919, see p. 171), in dealing with the default of the local authority in respect of similar matters to those referred to in s. 61 of the Act of 1909, empowers the Scottish Board of Health to make an order upon the local authority without the intervention of the Courts as the Minister of Health may do in England. It may be observed that s. 33 of the Housing, Town Planning, etc. (Scotland) Act, 1919 is in the same terms as s. 47 of the Housing, Town Planning, etc. Act, 1919, with the exception that the Scottish Board of Health is alone empowered to act in case of default, there being no provision corresponding to that in the English Act enabling the county council to act.

With respect to the provisions in Part II of the Housing, Town Planning, etc. (Scotland) Act, 1919, generally they are in substance the same as those in Part II of the English Act. Section 32 of the Scottish Act-directing the councils of burghs having populations over 20,000 and other local authorities, if required by the Scottish Board of Health, to submit schemes within three years after 1st January, 1923, with reference to any land in regard to which town planning schemes might be made under the Act of 1909-corresponds to s. 46 of the English Act (see p. 170). That period is now extended to six years

by s. 18 of the Housing, etc. Act, 1923-see p. 174. Section 34 of the Scottish Act of 1919-dealing with resolutions to prepare or adopt schemes-follows s. 42 of the English Act, but with the addition that a local authority is forthwith to notify such a resolution to the Scottish Board of Health. Sections 35, 36, and 37 of the Scottish Act are in similar terms to ss. 43, 44, and 45 of the English Act respectively (see pp. 169 and 170). Section 38 and Sched. III. of the Housing, Town Planning, etc. (Scotland) Act, 1919, making certain consequential and minor amendments in the Act of 1909, correspond to s. 48 and Sched. III. of the Housing, Town Planning, etc. Act, 1919. One of these amendments is of particular interest. It relates to the payment of compensation in respect of property injuriously affected by town planning schemes and is as follows:

Section 58 (1). After the words "town planning scheme " there shall be inserted the words " or by the carrying into effect of any provision of a town planning scheme."

This amendment is referred to at p. 107.

Acquisition of land. The provisions of Sched. I. of the Housing, Town Planning, etc. Act, 1909, relating to the compulsory acquisition of land (except those relating to land belonging to an ecclesiastical benefice) were made applicable to Scotland, by paragraph (14) of the Schedule (see p. 165). Sections 10 and 51, and Schedule IV. of the Housing, Town Planning, etc. (Scotland) Act, 1919, make similar amendments to Sched. I. of the Act of 1909 to those appearing in s. 11 of the Housing, Town Planning, etc. Act, 1919 (see p. 167).

The Acquisition of Land (Assessment of Compensation) Act, 1919, applies to Scotland subject to the modifications specified in s. 11 (1) of that Act.

The Housing (Additional Powers) Act, 1919, is applied to Scotland subject to certain modifications (see s. 13 (1)).

APPENDICES.

APPENDIX A.

STATUTES.

PAGE

Housing of the Working Classes Act, 1890, ss. 1, 53 (1), 57 (1), 85 149 Housing, Town Planning, etc. Act, 1909, ss. 2, 5, 45, 47, 54–67, 73, 74, 76, Scheds. I., IV., and V.. Housing, Town Planning, etc. Act, 1919, ss. 11, 40, 42-48, 51, 52 (1), (3), Sched. III.

Housing, etc. Act, 1923, ss. 16, 18, 19, 20, 21, 23, 25

:

HOUSING OF THE WORKING CLASSES ACT, 1890.

(53 & 54 VICT. c. 70.)

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An Act to consolidate and amend the Acts relating to Artisans' and Labourers' Dwellings and the Housing of the Working Classes.

1. Short title of Act.-This Act may be cited as the Housing of the Working Classes Act, 1890.

PART III.

WORKING CLASS LODGING HOUSES.

53. Definition of lodging-houses for the working classes.-(1) The expression "lodging-houses for the working classes" when used in this part of this Act shall include separate houses or cottages for the working classes, whether containing one or several tenements, and the purposes of this part of this Act shall include the provision of such houses and cottages.

57. Acquisition of land.-(1) Land for the purposes of this part of this Act may be aequired by a local authority in like manner as